Agenda packet — Livingston City Council, September 2, 2025 (part 1 of 3)

CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
SEPTEMBER 2, 2025
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on September 2, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.

You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
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SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association
OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Parks Unit

7. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (d)(2) and (e)(1): Two (2) Matters.

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-105
Next Ordinance No.: 661
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and 2 of 401
identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Sara Bernal from Valley Water Collaborative: Valley Water Collaborative; Safe Drinking Water Community Outreach.

2. Presentation by Keith Myers, Director of Business Development: Well Rehabilitation and Preventive Maintenance with Aqua Freed and Aqua Gard.

COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

RECEIVE AND FILE

3. Receive and File the Annual Comprehensive Financial Report for the Fiscal Year Ending July 31, 2025.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda

4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated August 27, 2025.

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 19, 2025.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on December 17, 2024. 3 of 401

7. Consideration of a Resolution Approving Amendment to Joint Point Powers Agreement of the Central San Joaquin Valley Risk Management Authority. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing And Approving The Application For Cannabis Tax Fund Grant Program Grant Funds (Fiscal Year 2025-2026 CTFGP Grant Agreement). Staff Recommendation: Approve Resolution.

9. Consideration of a Resolution (1) Approving The Purchase Of Thirteen Solar Light Poles For Main Street, Mont Cliff Way And Barcelona Drive In The Amount Of $74,627.00.00 From Fonroche Lighting America, (2) Waive Formal Bidding Requirements As Outlined In Section 1-11-16, And (3) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation:

Approve Resolution.

10. Consideration of a Resolution (1) Approving The Three-Year Professional Service Agreement With Holt Of California To Perform Annual Level 2 PM Service, In The Amount Not To Exceed $106,588.06 And (2) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

11. Consideration of a Resolution Authorizing The Disposal Of City Surplus Items. Staff Recommendation: Approve Resolution.

12. Consideration Of A Resolution (1) Authorizing The City Manager To Execute A Professional Service Agreement With Subsurface Technologies, Inc. To Provide Rehabilitation To Well 9 In An Amount Not To Exceed $116,035.00 From The Water Enterprise Fund, (2) Waive Formal Bidding Requirements As Outlined In Section 1-11-6, And (3) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

13. Consideration of a Resolution Authorizing The City Manager To Accept And Allocate Funding From The California Department Of Justice Tobacco Grant Program Through The Merced County Department Of Public Health. Staff Recommendation: Approve Resolution.

14. Consideration of a Resolution (1) Accepting The Bid And Awarding A Contract To Loprest, A Division Of Water Remediation Technologies, LLC., For The Total Bid Amount Of $1,408,672.00 For The Supply Of Greensand Filtration Equipment For Arsenic Treatment At Well No. 8a, And (2) Authorizing the City Manager To Execute The Agreement. Staff Recommendation: Approve Resolution.

PUBLIC HEARING

15. Ordinance Amending Livingston Municipal Code Title 5, Chapter 3, Chapter 4, Chapter 6, And Chapter 7 Related To Various Development Standards, Site Plan And Design Review Procedures, Definitions, And Commercial Zoning Matrix. Staff Recommendation: Waive First Reading, Open and Close Public Hearing, and approve Ordinance by title only.

DISCUSSION AND POTENTIAL ACTION ITEMS

16. Informational: Compensation Analysis For Engineering, Planning And Building Department. 4 of 401

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT
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ELECTED OFFICIAL’S REPORT
AGENDA ITEM: Treasurer's Report July 2025
MEETING DATE: September 2, 2025
PREPARED BY: Parwinder Singh Uppal – Elected City Treasurer RECOMMENDATION:

Receive and File Treasurer's Report for the month ending June 31, 2025.

BACKGROUND:

The Treasurer's Report is required to be presented to the governing body.

DISCUSSION:

Total Cash and City Investments including cash in the bank, and cash in the Local Agency Investment Fund is $46,012,849.77.

The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.

FISCAL IMPACT:

None.

ATTACHMENTS:

July 31, 2025, Treasurer’s Report with signature
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TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
July 31, 2025
August 19, 2025
September 2, 2025
Total Cash & Investments Totals 46,012,849.77
Notes
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" Prepared By:

The following cash and investment information pertains to the period ending per Bank Statements Average
Investment Monthly
Institution Acct# Type Yield %
State of California LAIF (Local Agency
Investment Fund) xx-xx-463 Pooled 4.258%
Parwinder Singh Uppal - City Treasurer
Balance
MAY
42,936,770.17
3,064,942.21
6,783.52

0.00 4,353.87
3,076,079.60
Non Interest Bearing Items
Farmers & Merchants Bank xxxxxx5801
Farmers & Merchants Bank xxxxxx6601
Farmers & Merchants Bank xxxxxx8201
Farmers & Merchants Bank xxxxxx3401
Subtotal F&M Bank
Operating Account
Payroll Account
Web Payments Account
Rec Desk Account
N/A
N/A
N/A
N/A
Subtotal
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AGENDA ITEM: Warrant Register August 27, 2025
MEETING DATE: September 2, 2025
PREPARED BY: Bri Garcia, Accountant I
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated August,27 2025
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City’s approved budget.

The checks have been issued, and the check register is presented to the City Council for ratification:

August 13, 2025 – August 27, 2025
GENERAL WARRANTS……………………. $ 902,182.11 14067 - 14204
PAYROLL/WIRE WARRANTS……….……. $ 227,071.62 3806 - 3818
ACH WARRANTS…………………………… $ 18,816.99
TOTAL WARRANTS………………………… $ 1,148,070.72
ATTACHMENTS:

Warrant Register (detailed by date and check number)
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Accounts Payable
User:

Printed:
[email protected]
8/27/2025 12:32 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
14067 253 AT&T 08/14/2025 242.49
14068 193 BSK Associates 08/14/2025 1,045.95
14069 256 California Police Chiefs Association 08/14/2025 402.00 14070 1755 Clara Elena Cervantes 08/14/2025 10.00
14071 291 City of Livingston c/o L &L District Irrigation08/14/2025 16,354.68 14072 1239 Clark Pest Control of Stockton, Inc. 08/14/2025 43.00 14073 1756 Adrianne Del Toro 08/14/2025 150.00
14074 163 EZ Auto Supply 08/14/2025 143.40
14075 1410 FFP Fund VII TEI Partnership 1, LLC 08/14/2025 15,988.64 14076 188 Frontier 08/14/2025 1,421.95
14077 387 Frontier Communications Corp Frontier Comm of Global Valley 08/14/2025 152.81 14078 1758 Garda CL West, Inc. Lockbox #233209 08/14/2025 19.20 14079 262 Gilton Solid Waste 08/14/2025 192,026.02
14080 811 Pete Hulse, DVM, Pa Hilmar Animal Hospital08/14/2025 393.00 14081 266 Hilmar Lumber 08/14/2025 558.59
14082 358 Hilmar Ready Mix Rockery Nursery, LLC 08/14/2025 215.50 14083 436 HLP, Inc. 08/14/2025 4,200.00
14084 1726 International Tele-Path 08/14/2025 1,935.00
14085 570 Jocelyn E. Roland, Ph.D., ABPP 08/14/2025 500.00 14086 268 Language Line Services, Inc. 08/14/2025 470.94 14087 UB*02123 PABLO MALDONADO 08/14/2025 25.00
14088 1671 Merced County Auditor/Controller's Office 08/14/2025 242.50 14089 180 Mission Linen Service 08/14/2025 342.86
14090 199 Northstar Chemical 08/14/2025 9,791.44
14091 302 Office Depot, Inc./ODP Business Solutions, LLC 08/14/2025 288.58 14092 433 Razzari Ford 08/14/2025 246.58
14093 307 Shred-It, C/O Stericycle, Inc. 08/14/2025 371.47 14094 314 Valley Coffee & Water 08/14/2025 58.95
14095 367 Verizon Wireless 08/14/2025 1,662.92
14096 863 California Department of Tax & Fee Administration 08/14/2025 1,919.84 14097 811 Pete Hulse, DVM, Pa Hilmar Animal Hospital08/14/2025 80.00 14099 1012 Leist and Associates 08/14/2025 9,285.80
14100 632 National Business Furniture, LLC 08/14/2025 2,319.03 14101 416 Quality Well Drillers 08/14/2025 5,685.00
14102 1661 Resource Development Company 08/14/2025 41,123.53 Total for 8/14/2025: 309,716.67
14103 434 AFSCME District Council 57 08/21/2025 762.30
14104 396 American Fidelity Assurance 08/21/2025 3,594.48 14105 393 California State Disbursement Unit 08/21/2025 1,417.71 14106 612 Livingston Peace Officers Association 08/21/2025 1,811.00 14107 437 Operating Engineers Local 3 08/21/2025 424.00 14108 438 Operating Engineers Local Union No.3 08/21/2025 595.00 14109 598 Standard Insurance Company RB 08/21/2025 2,909.92 14110 564 Texas Life Insurance 08/21/2025 325.71
14111 608 Vision Service Plan- CA 08/21/2025 857.99
AP Checks by Date - Summary by Check Date (8/27/2025 12:32 PM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
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Check No Vendor No Vendor Name Check Date Check Amount
14112 396 American Fidelity Assurance 08/21/2025 7,203.64 14113 397 American Fidelity Assurance Company 08/21/2025 2,504.88 14114 405 Premier Access Insurance Company 08/21/2025 5,873.70 14115 608 Vision Service Plan- CA 08/21/2025 432.60
Total for 8/21/2025: 28,712.93
14116 393 California State Disbursement Unit 08/22/2025 1,275.56 14117 405 Premier Access Insurance Company 08/22/2025 540.00 14118 1284 State of California 08/22/2025 130.16
14119 164 Garza Tire & Wheel, Inc 08/22/2025 4,422.50
Total for 8/22/2025: 6,368.22
14120 1274 Shape Incorporated 08/25/2025 119,866.43
14121 1743 American Water College, LLC. 08/25/2025 2,889.00 14122 282 AT&T Mobility 08/25/2025 2,245.24
14123 1031 Bonander Truck 08/25/2025 440.56
14124 193 BSK Associates 08/25/2025 2,036.30
14125 1239 Clark Pest Control of Stockton, Inc. 08/25/2025 54.00 14126 1701 Consolidated Engineering, Inc. 08/25/2025 89.43 14127 1308 CSG Consultants, Inc. 08/25/2025 16,417.00
14128 787 Custom Weed Control Inc. 08/25/2025 400.00
14129 429 DMV Renewal 08/25/2025 10.00
14130 1739 Donnoe & Assoiates, Inc. 08/25/2025 355.00
14131 455 Ernest Packaging Solutions 08/25/2025 1,507.87 14132 163 EZ Auto Supply 08/25/2025 379.02
14133 488 FluidSecure 08/25/2025 1,188.55
14134 356 Gouveia Engineering, Inc. 08/25/2025 116,113.02 14135 358 Hilmar Ready Mix Rockery Nursery, LLC 08/25/2025 2,106.52 14136 501 Hunt & Sons, LLC 08/25/2025 6,828.26
14137 1759 Sunil Khosla 08/25/2025 10,000.00
14138 461 LEAF 08/25/2025 822.98
14139 1170 Martin Marietta Materials, Inc. 08/25/2025 461.33 14140 615 McClatchy Company LLC 08/25/2025 370.25
14141 278 Merced Irrigation District 08/25/2025 67,584.71 14142 194 Modesto Welding Products 08/25/2025 24.00
14143 199 Northstar Chemical 08/25/2025 4,049.10
14144 302 Office Depot, Inc./ODP Business Solutions, LLC 08/25/2025 112.87 14145 203 PG&E 08/25/2025 7.39
14146 1757 Razzari Dodge Chrysler Jeep 08/25/2025 225.00 14147 208 Saenz Pest Control, Inc. 08/25/2025 129.00
14148 407 San Joaquin Valley Air Pollution Control District. 08/25/2025 106.00 14149 1330 James D Sanders 08/25/2025 400.00
14150 589 Shannon Pump Co. 08/25/2025 15,182.61
14151 439 Sharpening Shop 08/25/2025 279.26
14152 1604 Gagandeep Singh 08/25/2025 216.00
14153 530 Telstar Instruments 08/25/2025 2,046.00
14154 366 USABlueBook 08/25/2025 3,113.09
14155 1204 Valley Sanitation & Rentals LLC 08/25/2025 478.98 14156 1642 Valley Water Collaborative 08/25/2025 3,500.00 14157 1747 Varsity Brands Holding Co. Inc. 08/25/2025 7,348.99 Total for 8/25/2025: 389,383.76
14158 251 ABS Direct, Inc. 08/27/2025 1,747.90
AP Checks by Date - Summary by Check Date (8/27/2025 12:32 PM) Page 2 10 of 401
Check No Vendor No Vendor Name Check Date Check Amount
14159 1309 Aleshire & Wynder LLP 08/27/2025 32.86
14160 1307 Amazon Capital Services 08/27/2025 9.67
14161 445 Axon Enterprise, Inc. 08/27/2025 2,807.65
14162 446 Belkorp Ag, LLC 08/27/2025 106.47
14163 1731 Best Choice Heating & Air, Inc. 08/27/2025 370.00 14164 193 BSK Associates 08/27/2025 676.80
14165 909 Canon Financial Services, Inc. 08/27/2025 272.54 14166 272 Charter Communications Holdings, LLC 08/27/2025 135.00 14167 1024 City Direct, Inc. 08/27/2025 1,400.00
14168 1239 Clark Pest Control of Stockton, Inc. 08/27/2025 43.00 14169 283 CoreLogic Solutions, LLC 08/27/2025 200.00
14170 1308 CSG Consultants, Inc. 08/27/2025 1,056.07
14171 547 Don's Mobile Glass 08/27/2025 290.00
14172 455 Ernest Packaging Solutions 08/27/2025 429.15
14173 163 EZ Auto Supply 08/27/2025 3.37
14174 1040 Flock Safety 08/27/2025 26,500.00
14175 188 Frontier 08/27/2025 270.59
14176 266 Hilmar Lumber 08/27/2025 145.71
14177 267 Hoffman Security 08/27/2025 410.90
14178 501 Hunt & Sons, LLC 08/27/2025 4,325.89
14179 1742 Hydro Products Corp. 08/27/2025 9,982.99
14180 464 Johnson Controls Fire Protection LP 08/27/2025 185.00 14181 1012 Leist and Associates 08/27/2025 7,350.00
14182 269 Merced Pest Control 08/27/2025 85.00
14183 595 Metro Uniform Merced 08/27/2025 464.53
14184 389 Mid Valley IT 08/27/2025 3,574.95
14185 180 Mission Linen Service 08/27/2025 758.40
14186 431 Monte Vista Small Animal Hospital 08/27/2025 733.41 14187 199 Northstar Chemical 08/27/2025 9,780.68
14188 302 Office Depot, Inc./ODP Business Solutions, LLC 08/27/2025 646.51 14189 1748 Peac Solutions 08/27/2025 83.54
14190 203 PG&E 08/27/2025 61,669.96
14191 433 Razzari Ford 08/27/2025 644.31
14192 1663 Mike Reavill 08/27/2025 425.00
14193 739 Self- Help Enterprises 08/27/2025 221.73
14194 439 Sharpening Shop 08/27/2025 286.22
14195 307 Shred-It, C/O Stericycle, Inc. 08/27/2025 277.56 14196 666 Sun Ridge Systems, Inc. 08/27/2025 1,375.00
14197 692 Tesco Controls, Inc. 08/27/2025 20,000.00
14198 284 Trans Union LLC 08/27/2025 105.00
14199 1552 Turbo Data System, Inc. 08/27/2025 800.94
14200 313 U.S. Bank Equipment Finance 08/27/2025 453.17 14201 421 Underground Service Alert of Northern CA & NV 08/27/2025 328.51 14202 600 United Rotary Brush Corp. 08/27/2025 3,808.85 14203 1150 Valley 29 Electric, LLC 08/27/2025 990.00
14204 170 MintierHarnish Planning Consulants 08/27/2025 1,735.70 Total for 8/27/2025: 168,000.53
Report Total (137 checks): 902,182.11
AP Checks by Date - Summary by Check Date (8/27/2025 12:32 PM) Page 3 11 of 401

MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 19, 2025
A Special and Regular Meeting of the Livingston City Council was held on August 19, 2025, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:04 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis (Absent)

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:07 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.

CLOSED SESSION

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
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Employee Organizations:

7. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (d)(2) and (e)(1): Four (4) Matters.

8. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No.: FR102723 Claimant Marlene Aguilar seeks monetary compensation from the City for damages to personal property (vehicle).

REGULAR MEETING
Mayor Moran called the meeting to order at 7:08 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis (Absent)

CLOSED SESSION ANNOUNCEMENTS
Direction was given, and no reportable action was taken.

Closed session will resume after the regular meeting.

CHANGES TO THE AGENDA
Council Member Roth requested that warrant number 13922 be removed from the consent agenda.

CITIZEN COMMENTS
Mayor Moran opened and closed public comments at 7:12 p.m. as there were no comments from the public.

COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
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• A representative for County Supervisor Jim Pacheco gave a report.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Jacquie Benoit, Recreation Superintendent.

City Manager Announcements and Reports.
• Jose A. Ramirez, City Manager

CONSENT AGENDA

1. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated August 12, 2025.

2. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 18, 2025.

3. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 5, 2025.

4. Consideration of a Resolution (1) Authorizing The City Manager To File The Annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim To Be Filed With The Merced County Association Of Governments (MCAG) For Fiscal Year 2024-2025 And (2) Authorizing The Finance Department To Make Appropriation Budget Adjustments. Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Accepting Completion Of The I Street Waterline Replacement Phase 2 Project, Authorizing The City Clerk To File A Notice Of Completion With Merced County, And Authorizing The City Manager To Make Final Payment Of Retention Monies To Taylor Backhoe Service, Inc. DBA Tbs Contractors. Staff Recommendation: Approve Resolution.

6. Consideration of a Resolution (1) Accepting The Low Bid And Awarding A Contract To Taylor Backhoe Service, Inc. Dba TBS Contractors For The Total Bid Amount Of $718,193.62 For The Construction Of The Max Foster Multiuse Path – Phase 1, Federal-Aid Project No. CML5256(020) And Max Foster Multiuse Path – Phase 2, Federal-Aid Project No. CML-5256(021), (2) Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And (3) Authorizing The City Manager To Execute The Agreement. Staff Recommendation: Approve Resolution.

7. Consideration of a Resolution Approving (1) The Purchase Of One New/Unused 2026 Chevrolet Silverado (1500 (Ck 10543) 4wd Crewcab 147” Work Truck 5.8’ Box) From National Auto Fleet Group, In The Amount Of $53,229.70 And (2) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

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8. Consideration of a Resolution Approving The Purchase Of One New Diesel Lawn Mower (John Deere1575 Terraincut”) From Belkorp Ag, LLC In The Amount Of $50,245.25 And Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

9. Consideration Of A Resolution Approving The Purchase Of One New Utility Truck (2025 F250 SRW 4x2 WB Style 6.8 V8 Engine With 10 Speed Transmission) From National Auto Fleet Group, In The Amount Of $65,581.93 And Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

10. Consideration of a Resolution Accepting The Grand Deed For The Street Right Of Way Dedication By Tierrasanta Villas, L.P., For APN 022-010-026 And Authorize The City Manager To Execute A Certificate Of Acceptance For Recording Of The Grant Deed. Staff Recommendation: Approve Resolution.

Motion: M/S Samra/Roth to approve consent agenda items 1 through 10 with the removal of warrant number 13922. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Roth, Samra, Uppal, and Moran
NOES: Council Members: None
ABSENT: Council Members: Wallis

11. Consideration of a Resolution (1) Accepting The Bid And Awarding A Contract To Loprest, A Division Of Water Remediation Technologies, LLC, For The Total Bid Amount Of $1,408,672.00 For The Supply Of Greensand Filtration Equipment For Arsenic Treatment At Well No. 8A, And (2) Authorizing the City Manager To Execute The Agreement. Staff Recommendation: Approve Resolution.

Item 11 was pulled for further discussion.

Motion: M/S Uppal/Samra to bring back the item when an itemized cost breakdown is provided.

The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Roth, Samra, Uppal, and Moran
NOES: Council Members: None
ABSENT: Council Members: Wallis
Mayor Moran opened and closed public comments at 7:36 p.m., as there were no comments from the public.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Roth
• Council Member Uppal
• Mayor Pro-Tem Samra
Mayor’s Announcements and Reports
• Mayor Moran
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Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative.
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
None.

The Council resumed closed session at 7:47 p.m.

CLOSED SESSION ANNOUNCEMENT
No reportable action was taken.
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ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:25 p.m. __________________________________
Deputy City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall. 17 of 401

MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
DECEMBER 17, 2024
A Regular Meeting of the Livingston City Council was held on December 17, 2024, in the City Council Chambers with Mayor Moran presiding.

Mayor Moran called the meeting to order at 7:08 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Maria Soto
Council Member Jason Roth
Council Member Robert Wallis (Absent)

CLOSED SESSION ANNOUNCMENT
There was no reportable action taken.

CHANGES TO THE AGENDA
Motion: M/S Roth/Samra to table item 21 for another meeting. The motion failed 2-2-1 by the following roll call vote:

AYES: Council Members: Roth and Samra
NOES: Council Members: Soto and Moran
ABSENT: Council Members: Wallis
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CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:15 p.m.

Citizen Comments:

Heather Mendonca
Jose Ramirez
Mayor Moran closed Citizen Comments at 7:20 p.m., as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
• Merced County Supervisor Rodrigo Espinoza gave a report.

City Staff Announcements and Reports.
• Recreation Superintendent Jacquie Benoit.

City Manager Announcements and Reports.
• Interim City Manager Christopher Lopez
City Council Members’ Announcements and Reports.
• Councilmember Jason Roth
• Councilmember Maria Soto
• Mayor-Pro Tem Gurpal Samra
Mayor’s Announcements and Reports.
• Mayor Jose Moran
Robert Wallis
• City Council Alternate Liaison - Livingston Planning Commission – Robert Wallis • Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative.

Jason Roth
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Robert Wallis, Representative and Jason Roth, Alternate Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.

Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative.
• Central Valley Division League of California Cities – Maria Soto, Representative and Vacant, Alternate.

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Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

Jose Moran
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Jason Roth.
• Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Mayor Moran: Service Recognition of Councilmember Maria Soto.

2. Presentation by Mayor Moran: Service Recognition of Councilmember Robert Wallis.

3. Presentation by Mayor Moran: Service Recognition of Former Councilmember Jatinder Mann.

Mayor Moran presented service recognition plaques to Councilmembers Maria Soto, Council Member Wallis, and Former Councilmember Mann.

4. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated November 27, 2024.

5. City Treasurer’s Investment Report for the Month Ending October 31, 2024.

6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on November 19, 2024.

7. Consideration of a Resolution Approving the Cancellation of the First Regular Scheduled City Council Meeting in January Due to the New Year’s Holiday. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing the Interim City Manager to Execute a Purchase Order with Aqua Metric, in an Amount Not to Exceed $35,000 for Fiscal Year 2024/2025 and $35,000 Per Year for Fiscal Year 2025/2026 and Fiscal Year 2026/2027. The Total Amount is Not to Exceed $105,000 for the Purchases of Water Meters, Meter Transceiver Units (MXUS), Meter Registers, Etc. Staff Recommendation: Approve Resolution.

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9. Amendment No. 2 to the Local Early Action Planning (LEAP) Grant Program Contract No. 15259 to Apply Grant Funding on City Incurred Costs Associated with Preparation of the City’s 6th Cycle Housing Element Update. (Information Only).

10. Consideration of a Resolution Approving the Purchase of One (1) New Portable Message Board From TAPCO in the Amount of $21,716.31 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation: Approve Resolution.

11. Consideration of a Resolution Awarding a Contract to Gouveia Engineering, Inc. and Authorizing the Interim City Manager to Execute the Agreement for On-Call Engineering Services for Federally Funded Transportation Projects for the City of Livingston Not to Exceed an Amount of $878,600 for a five (5) Year Contract. Staff Recommendation: Approve Resolution.

12. Consideration of a Resolution Approving a Four (4) Year Professional Service Agreement with Mike Reavill for Streaming Services for the City Council Meetings in an Amount Not to Exceed $64,000 and Authorizing the Interim City Manager to Execute all Required Documents. Staff Recommendation:

Approve Resolution.

13. Authorize City Staff to Proceed with Relocating Well No. 18 to Lucero Park, Proceed with Preparation of Plans, Specifications, and Contract Documents for Constructing Test Well No. 18, and Soliciting Construction Bids.

Mayor Moran opened and closed public comments at 7:47 p.m., as there were no public comments.

Motion: M/S Samra/Roth to approve the consent agenda. The motion carried 4-0-1 by the following roll call vote:

AYES: Council Members: Soto, Moran, Samra, and Roth
NOES: Council Members: None
ABSENT: Council Members: Wallis

INVOCATION

14. Livingston Police Chaplain Mike Outten.

An invocation was given by Chaplain Mike Outten, a priest from the Sikh Temple, and a representative from the Catholic Church.

CONFIRMATION OF THE RESULTS OF THE CANVASS OF THE MUNICIPAL ELECTION

15. Consideration of a Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of November 5, 2024, General Municipal Election. Staff Recommendation: Approve Resolution.

Mayor Moran opened and closed public comments at 7:59 p.m., as there were no comments from the public.

Motion: M/S Samra/Roth Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of November 5, 2024, General Municipal Election. The motion carried 4-0-1 by the following roll call vote:
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AYES: Council Members: Soto, Moran, Samra, and Roth
NOES: Council Members: None
ABSENT: Council Members: Wallis

OATHS OF OFFICE

16. City Clerk will administer the Oath of Office to Mayor-Elect.

Deputy City Clerk Monica Cisneros administered the oath of office to Mayor-Elect Jose A. Moran.

17. Mayor will administer the Oath of Office to Council Members-Elect Mayor Moran administered the oath of office to Council Members-Elect Japjeet Uppal Singh.

Mayor Moran called for a recess at 8:11 p.m.

Mayor Moran reconvened the meeting at 8:38 pm.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Japjeet Singh Uppal
Council Member Jason Roth
Council Member (Vacant)

DISCUSSION AND POTENTIAL ACTION ITEMS

18. Consideration of a Resolution Appointing Arturo Sicarios, the Recipient of the Third (3rd) Highest Election Vote Total for the Open City Council Positions as Certified by the Merced County Registrar of Voters, to Fill the Vacant City Council Seat Created by the Resignation of Councilmember Elect Rodrigo Espinosa.

City Attorney Roy Santos introduced this item.

Mayor Moran opened public comments at 8:53 p.m.

Public Comments:

Rodrigo Espinoza
Attendee (did not state name)
Arturo Sicairos
Mayor Moran closed public comments at 8:58 p.m., as there were no further comments from the public.

Motion: Moran to appoint Arturo Sicarios to fill the vacant City Council seat. Motion died due to a lack of a second.

Motion: Samra to begin the recruitment process, and at the same time, get the cost analysis for a special election.

City Attorney Santos noted that the Council can only make a motion on the agendized item or to table the item.

Clerk’s Notes: No action was taken on this item.
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CITY COUNCIL REORGANIZATION

19. Nomination and Election of Mayor Pro-Tempore.

Mayor Moran opened and closed public comments at 9:21 p.m., as there were no comments from the public.

Motion: M/S Moran/Roth to appoint Councilmember Roth as Mayor Pro-Tem. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Moran, Samra, and Roth
NOES: Council Members: None
ABSENT: Council Members: None

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

1. Conference with Labor Negotiator
(Government Code Section 54957.6)
Labor Negotiator: Christopher Lopez, Interim City Manager Employee Organizations:

OE3- Police Supervisory Employees Association.

OE3- Livingston Police Officer Association

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):

Two (2) matter.

3. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case, Claim #4A2311H2J24-0001.

4. Conference with Legal Counsel – Anticipated Litigation Deciding whether to initiate litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: One (1) Case, Merced County.

5. Conference with Legal Counsel – Pending Litigation pursuant to paragraph 4 of subdivision (d) of Government Code Section 54956.9: Jose Ramirez v. City of Livingston, et al., Case No. 22CV0082.

Mayor Moran opened and closed public comments at 9:29 p.m., as there were no comments from the public.

Motion: M/S Samra/Roth to remove items 2, 3, and 4 of the closed session. The motion carried 2-2-0 by the following roll call vote:
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AYES: Council Members: Samra and Roth
NOES: Council Members: Moran
ABSENT: Council Members: None
ABSTAIN: Council Members: Uppal
City Attorney Roy Santos explained that the motion passed because the items requested to be removed do not deal with ordinances, resolutions, or expenditure of money. The vote is by a majority of a quorum, not a majority of the Council.

Council went into closed session at 9:33 p.m.

Council reconvened the regular meeting at 10:49 p.m.

CLOSED SESSION ANNOUNCEMENT
There was no reportable action taken.

Clerk’s Note: After the closed session, Council Member Roth declined the appointment of Mayor ProTem and requested that a motion be made to reconsider item 19.

Motion: M/S Roth/Samra to reconsider item 19. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Moran, Samra, and Roth
NOES: Council Members: None
ABSENT: Council Members: None

CITY COUNCIL REORGANIZATION

19. Nomination and Election of Mayor Pro-Tempore.

Mayor Moran opened and closed public comments at 10:53 p.m. as there were no comments from the public.

Motion: M/S Roth/Samra to appoint Council Member Samra as Mayor Pro-Tem. The motion carried 3-1-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Roth
NOES: Council Members: Moran
ABSENT: Council Members: None

PUBLIC HEARING

20. Waive First Reading of the Ordinance by Title Only and Approve Ordinance of the City of Council of the City of Livingston Amending Title 4, Chapter 2, Section 10 of the Livingston the Municipal Code Regarding Freeway Oriented Signs. Staff Recommendation: Waive First Reading, open and close Public Comment, and approve Ordinance by title only.

City Attorney Roy Santos introduced this item.

Mayor Moran opened and closed the public hearing at 10:56 p.m. as there were no comments from the public.
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Motion: M/S Samra/Roth to Waive First Reading of the Ordinance by Title Only and Approve Ordinance of the City of Council of the City of Livingston Amending Title 4, Chapter 2, Section 10 of the Livingston the Municipal Code Regarding Freeway Oriented Signs.. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Moran, and Roth
NOES: Council Members: None
ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

21. City’s Water Capacity Update.

Motion: M/S Samra/Roth to continue item 21 to another date. The motion failed 2-2-0 by the following roll call vote:

AYES: Council Members Roth and Samra
NOES: Council Members: Uppal and Moran
ABSENT: Council Members: None
Public Works Superintendent Anthony Chavarria and City Engineer Mario Gouveia introduced this item and responded to Council questions.

There was a lengthy discussion between the Council and staff regarding water capacity for the City.

22. Consideration of a Resolution Authorizing the Mayor or the City Manager to Execute Agreements with the California Department of Tax and Fees Administration for the Implementation of a Local Transactions and Use Tax and Resolution Authorizing Examination of Sales or Transactions and Use Tax Records. Staff Recommendation: Approve Resolutions.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened public comments at 12:31 a.m. and closed at 12:32 a.m., as there were no comments from the public.

Motion: M/S Uppal/Roth to approve Resolution No. 2024-87, Authorizing the Mayor or the City Manager to Execute Agreements with the California Department of Tax and Fees Administration for the Implementation of a Local Transactions and Use Tax and Resolution Authorizing Examination of Sales or Transactions and Use Tax Records. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Moran, Samra, and Roth
NOES: Council Members: None
ABSENT: Council Members: None

23. Discussion and Direction Regarding the Amount of Food Trucks Allowed in the City.

Mayor Moran opened and closed public comments at 12:34 a.m., as there were no comments from the public.

Motion: M/S Samra/Roth to table item 23. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, and Moran
NOES: Council Members: None
ABSENT: Council Members: None
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24. Discussion and Consideration of Appointment of City Treasurer.

Mayor Moran opened and closed public comments at 12:35 a.m., as there were no comments from the public.

Motion M/S Moran/Samra to table item 24. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, and Moran
NOES: Council Members: None
ABSENT: Council Members: None

25. Consideration of a Resolution Approving an Administrative Fee for Processing Itinerant Vendor Applications within the City of Livingston. Staff Recommendation: Approve Resolution.

Interim City Manager Christopher Lopez introduced this item.

Mayor Moran opened and closed public comments at 12:38 a.m., as there were no comments from the public.

Motion: M/S Moran/Samra to approve Resolution No. 2024-89, Approving an Administrative Fee for Processing Itinerant Vendor Applications within the City of Livingston. The motion carried 4-0-0 by the following roll call vote:

AYES: Council Members: Uppal, Samra, Roth, and Moran
NOES: Council Members: None
ABSENT: Council Members: None

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

Mayor Pro-Tem Samra requested a special meeting for Monday or Tuesday to get an update on one of the items from the closed session. Also, to discuss the City Treasurer vacancy, City Council vacancy, and Planning Commissioner vacancy.

Council Member Uppal requested the following:
• Formal policy for setting the agenda.
• Discussion on the Gilton Administrative Fee.
• Electronic Voting Systems.

Mayor Pro-Tem Samra requested a discussion item to form a Measure L Committee.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 12:47 a.m. ______________________________________
Deputy City Clerk of the City of Livingston
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APPROVED:
_____________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall. 27 of 401

STAFF REPORT
AGENDA ITEM: A Resolution Of The City Council Of The City Of Livingston Approving Amendment To Joint Powers
Agreement Of The Central San Joaquin Valley Risk
Management Authority
MEETING DATE: September 2, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
APPROVED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopts the resolution approving amendment to the Joint Powers Agreement (JPA) of the Central San Joaquin Valley Risk Management Authority (CSJVRMA).

BACKGROUND:

The CSJVRMA is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage. The City is a member of the CSJVRMA.

REASON FOR RECOMMENDATION:

The CSJVRMA is in the process of updating its Governing Documents, and the first of many is the JPA. The amendments are redlined in the attached Agreement and have been approved by the CSJVRMA’s Executive Committee. Per CSJVRMA bylaws, all amendments must be approved by the City Council.

A summary of the updates are as follows:
• Definitional terms have been defined more clearly.
• Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency. • An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA.

According to CSJVRMA Legal Counsel, “GCS 6509 was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of JPA. JPA’s are formed to permit public entities to exercise powers on a collective basis. However, the JPA is subject to the same restrictions as the entity designated in the agreement.
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FISCAL IMPACT:

None.

ACTIONS FOLLOWING APPROVAL:

Upon approval, mail the original signed copy of the new JPA and resolution.

ATTACHMENTS:

1. Resolution, Joint Powers Agreement

2. CSJVRMA JPA Agreement Amendments – Memo, Redlined JPA, Final JPA, and sample Resolution
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RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

AMENDMENT TO JOINT POWERS AGREEMENT OF THE CENTRAL SAN JOAQUIN

VALLEY RISK MANAGEMENT AUTHORITY

WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; WHEREAS, the City of Livingston is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of Livingston is a member of the CSJVRMA; WHEREAS, the Joint Powers Agreement, which established CSJVRMA, allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:

1. Approve the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto,

2. Authorize and direct the City Manager/Administrator to execute such agreement.

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 2nd day of September 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
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ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney
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CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200  Sacramento, CA 95833 (916) 244-1100  (800) 541-4591
Fax (916) 244-1199  E-Mail [email protected] Northern Region
Angels Camp
Atwater
Ceres
Escalon
Gustine
Hughson
Lathrop
Livingston
Newman
Oakdale
Patterson
Ripon
Riverbank
Sonora
Sutter Creek
Tracy
Turlock
Waterford
Central Region
Chowchilla
Clovis
Dinuba
Dos Palos
Firebaugh
Fowler
Huron
Kerman
Kingsburg
Los Banos
Madera
Mendota
Merced
Orange Cove
Parlier
Reedley
San Joaquin
Sanger
Selma
Southern Region
Arvin
Avenal
Corcoran
Delano
Exeter
Farmersville
Lemoore
Maricopa
McFarland
Porterville
Shafter
Taft
Tehachapi
Tulare
Wasco
Woodlake
DATE: July 14, 2025
TO: CSJVRMA Member City Councils
FROM: Jeanette Workman, Administrator
SUBJECT: AMENDED AND RESTATED CSJVRMA JOINT POWERS AGREEMENT –

ACTION REQUIRED
The Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, who will make recommendations to the Executive Committee, are conducting a full review of the CSJVRMA governing documents to ensure they continue to reflect the CSJVRMA’s current practices, legal requirements, and operational needs.

Pursuant to action by the Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) Executive Committee on June 26, 2025, we are forwarding to you an Amended and Restated Joint Powers Agreement for presentation and approval by your city’s city council at their earliest opportunity.

Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by twothirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.

Mr. Lavra advised the Executive Committee that although the Joint Powers Agreement, even as last amended in 1994, meets the legal requirements as set forth in the government code for Joint Powers Authorities, the document has been updated as follows:
 Definitional terms have been defined more clearly.
 Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency.  An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA. Below is an excerpt from correspondence from Mr. Lavra:
“This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JPA. JPA's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restriction on the power of the JPA, without that JPA having to comply with all restrictions that might be in place for all of the members of the JPA. It would be unworkable, for instance, if the JPA had to satisfy or verify any and all 32 of 401
CSJVRMA Member City Councils
July 14, 2025

Page 2 ends

restrictions from the ordinances of all of the members of the JPA when transacting the business of the JPA. In order to strike a balance, section 6509 permits the JPA to agree to any restrictions in its exercise of powers based on the restrictions of one identified member city.”
The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.

To assist you in presenting this information to your city council for approval, a redline version of the Joint Powers Agreement is attached. Also attached are the following:
 A proposed new Joint Powers Agreement to be executed upon approval by your city council.
 A sample resolution that can be used to document the action taken by your city council in approving the Amended and Restated Joint Powers Agreement. This document is also being provided in a Word format to allow you to modify as appropriate for adoption by your council when approving the Amended and Restated Joint Powers Agreement.

Upon approval of the new Joint Powers Agreement by your city council, the final document needs to be executed by your City Manager/Administrator or an authorized individual from your city. Please forward an original, signed copy of the new Joint Powers Agreement, along with a copy of the adopted and fully executed council resolution, to Samantha Zellmer, CSJVRMA Board Secretary, at the following address:

CSJVRMA
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
If you have any questions, please contact Jeanette Workman, CSJVRMA Administrator, at [email protected] or (916) 244-1110.
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CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994
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CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

TABLE OF CONTENTS
ARTICLE I ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE III ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XII ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................ 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10 35 of 401
ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
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ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII ................................................................................................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ................................................................................................................................. 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV .................................................................................................................................. 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVIII ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14 36 of 401
ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15 37 of 401
Joint Powers Agreement Page 1 Amended July 1, 20251994

AMENDED JOINT EXERCISE OF POWERS AGREEMENT

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

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and 38 of 401
Joint Powers Agreement Page 2 Amended July 1, 20251994
WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto. 39 of 401
Joint Powers Agreement Page 3 Amended July 1, 20251994

ARTICLE I

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

Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding 40 of 401
Joint Powers Agreement Page 4 Amended July 1, 20251994
of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

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

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services;and share risks; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement. 41 of 401
Joint Powers Agreement Page 5 Amended July 1, 20251994

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
A.

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

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

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

ARTICLE IV

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

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

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
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To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

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

ARTICLE VI

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

ARTICLE VII

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

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

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

1. to mMake and enter into contracts;

2. to iIncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;
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3. to aAssess Member Cities as deemed appropriate for good cause as determined by the Executive Committee;

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

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

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

7. to eEmploy agents and employees;

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

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

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

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

ARTICLE VIII

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

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

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

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

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

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

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

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

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

2. To creation ofe any new Joint Protection Program;

3. To termination of ae any Joint Protection Program;

4. To expulsion ofel a Member City;

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

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

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

ARTICLE IX

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

ARTICLE X

EXECUTIVE COMMITTEE

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

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

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

ARTICLE XII

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

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

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

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505.6.
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to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. . The funds treasurer shall be invested and reinvest the funds in compliance with the Authority's Investment Policy and relevant Sstate laws. and in the same manner as if they were Member City funds.

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

ARTICLE XIV

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

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

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

ARTICLE XVII

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

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

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

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

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

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

Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.
\ \
, 1
II
1j
-
II
I
I I
I
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record and file keeping services. . The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

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

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

ARTICLE XVIII

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

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

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

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

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

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

6. maintain an active safety committee;

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

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

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

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

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

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

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

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

ARTICLE XIX
Commented [JW5]: This will be included in
the program master plan document
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WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. . A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

ARTICLE XX

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

ARTICLE XXI

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

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A. In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. . The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. . The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. . Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to 49 of 401
Joint Powers Agreement Page 13 Amended July 1,
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participate in any pooled Joint Protection Programs.

ARTICLE XXIII

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

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

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

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

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

ARTICLE XXVII

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

ARTICLE XXVIII

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

ARTICLE XXIX

NOTICES

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

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

Dated:

MEMBER CITY
BY:
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CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025
53 of 401

TABLE OF CONTENTS

AMENDED AND RESTATED

JOINT POWERS AGREEMENT

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I – DEFINITIONS ................................................................................................................. 2 ARTICLE II – PURPOSES ................................................................................................................... 4 ARTICLE III – CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV – PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V – MEMBERSHIP .............................................................................................................. 5 ARTICLE VI – TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII – POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII – BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX – BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X – EXECUTIVE COMMITTEE ............................................................................................. 7 ARTICLE XI – OFFICERS .................................................................................................................... 8 ARTICLE XII – JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII – RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV – OPERATING FUND .................................................................................................... 9 ARTICLE XV – BUDGET ..................................................................................................................... 9 ARTICLE XVI – FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII – RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII – RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX – INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI – CONTINUED LIABILITY ............................................................................................ 11 54 of 401
CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents

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ARTICLE XXII – REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII – TERMINATION OF AUTHORITY............................................................................. 11 ARTICLE XXIV – AUDIT ................................................................................................................... 12 ARTICLE XXV - ARBITRATION ......................................................................................................... 12 ARTICLE XXVI – BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13 55 of 401
Joint Powers Agreement Page 1 Amended and Restated July 1, 2025

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and 56 of 401
Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
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Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). 58 of 401
Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

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

ARTICLE III

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

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

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

ARTICLE IV

PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
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Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

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

ARTICLE VI

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

This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

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

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

1. Make and enter into contracts;
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Joint Powers Agreement Page 6 Amended and Restated July 1, 2025

2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;

3. Assess Member Cities as deemed appropriate by the Executive Committee;

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

5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;

6. Sue and be sued in its own name;

7. Employ agents and employees;

8. Acquire, construct, manage, and maintain buildings;

9. Lease real or personal property, including property of a Member City; and

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

This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.

Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

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

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special 61 of 401
Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.

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

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

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

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

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

2. Creation of any new Joint Protection Program;

3. Termination of any Joint Protection Program;

4. Expulsion of a Member City;

5. Adoption of an operating budget for the Authority;

6. Amendments to the Authority's Conflict of Interest Code; and

7. Authorization for the issuance, modification, or defeasance of bonds.

ARTICLE IX

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

ARTICLE X

EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
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Joint Powers Agreement Page 8 Amended and Restated July 1, 2025

ARTICLE XI

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

The functions of auditor/controller of the Authority shall be performed by the Authority’s officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

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

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

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

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.

Refunds shall be made in accordance with the Master Plan Document for each program. 63 of 401
Joint Powers Agreement Page 9 Amended and Restated July 1, 2025

ARTICLE XIV

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

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

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

ARTICLE XVII

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

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

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

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

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

5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

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

7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
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Joint Powers Agreement Page 10 Amended and Restated July 1, 2025

ARTICLE XVIII

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

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

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

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

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

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

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

7. Submit underwriting information requested by the Authority on a timely basis;

8. Provide accurate statistical data concerning the Member City to the Authority when requested;

9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

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

11. Comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
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Joint Powers Agreement Page 11 Amended and Restated July 1, 2025

ARTICLE XX

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

ARTICLE XXI

ARTICLE XXII

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

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. 66 of 401
Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

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

ARTICLE XXV

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
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Joint Powers Agreement Page 13 Amended and Restated July 1, 2025

ARTICLE XXVIII

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

ARTICLE XXIX

NOTICES

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

ARTICLE XXX

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

Dated:

MEMBER CITY
BY:
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RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT OF THE

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; WHEREAS, the City of ____ is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of ____ is a member of the CSJVRMA;
WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
The City hereby resolves:

IT IS HEREBY RESOLVED that the City Council of ______________________ __________________________ approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager/Administrator is authorized and directed to execute such agreement.

The forgoing resolution was adopted this _____ day of ___________, 20__ by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR/CITY MANAGER
ATTEST:
_______________________________________

CITY CLERK
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STAFF REPORT
AGENDA ITEM: Resolution Authorizing And Approving The Application For Cannabis Tax Fund Grant Program Grant Funds (Fiscal Year 2025- 2026 CTFGP Grant Agreement)
MEETING DATE: September 2, 2025
PREPARED BY: John Ramirez, Interim Chief of Police

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Staff recommends that the City Council Authorize and Approve the Application for Cannabis Tax Fund Grant Program Grant Funds (Fiscal Year 2025-2026 CTFGP Grant Agreement).

BACKGROUND AND DISCUSSION:

Every year, impaired driving arrests prove to be some of the most common arrests made in the City of Livingston. From 2022 to 2024, DUI arrests remain constant while the percentage of DUI related traffic collisions has gradually increased over the last three years.

The Livingston Police Department has received an offer of financial assistance from the California Highway Patrol Cannabis Tax Fund Grant Program. The purpose of this funding is to facilitate enforcement of laws and to increase prevention techniques related to driving under the influence of alcohol and other drugs (DUI/DUID). A secondary purpose is for public education and prevention of drunk driving.

Receipt of this grant will improve the Livingston Police Department’s effectiveness by developing staff training and increasing DUI/DUID enforcement, which will significantly increase roadway safety for the community.

This grant also includes a community education portion. There are numerous educational opportunities through our relationships with schools as well as our connections with community events and outreach. Our goal is to provide a specialized educational opportunity using innovative tools that will create an engaging learning environment.

Funding provided through the Cannabis Tax Fund Grant will enable the Livingston Police Department to achieve the goal of targeting alcohol and drug related driving issues years ahead of our current budget resources.
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DISCUSSION:

There are different levels of training that have a focus on DUI/DUID related investigations provided by the California Highway Patrol. The training includes Standardized Field Sobriety Tests (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), Drug Recognition Expert, and SFST Instructor Course. This series of training courses is designed to build upon prior training experience.

The Livingston Police Department currently has 17 sworn officers that perform various functions including traffic patrols for DUI/DUID related offenses. Of those 17 officers only 6 have training related to DUI/DUID investigations.

This grant will fund the course fees, travel expenses, and associated overtime cost to provide 7 Officers with Standardized Field Sobriety Test training, 10 Officers with Advanced Roadside Impaired Driving Enforcement training, 2 Officers with Drug Recognition Expert training, and 1 Officer with Standardized Field Sobriety Test Instructor training. The goal of this focused training is to have all officers successfully complete training that improves and hones the skills necessary to properly enforce laws related to impaired driving.

There is an educational portion of the grant that funds the purchase of DUI/DUID educational tools that will raise awareness of drunk driving in youth and young adults.

This grant will provide funding for 12 DUI Saturation Patrols during the year 2025/2026. These patrols will focus on drunk driving offenders. The goal will be to reduce the number of drunk drivers operating vehicles in Livingston and reduce the negative impact drunk driving has on the community.

FISCAL IMPACT:

The Police Department is requesting the Finance Department to make a supplemental budget appropriation for the following general fund accounts for the Fiscal Year 2025-2026. 1100-102-4130 $71,509.10
1100-102-4320 $58,300.00
1100-102-4550 $6,300.00
1100-000-3352 $136,109.10
All costs associated with the Saturation Patrols, Training, and related overtime will be reimbursed through the allocation of allowed grant funds.

ATTACHMENTS:

1. Resolution

2. CHP Cannabis Tax Fund Grant Award Letter

3. FY25-26 CTFGP Grant Agreement

4. CTFGP Quick Reference Guide
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RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING AND APPROVING THE APPLICATION FOR CANNABIS TAX FUND GRANT PROGRAM GRANT FUNDS (FY25-26 CTFGP GRANT

AGREEMENT)
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the California Highway Patrol require the City of Livingston to certify by resolution the approval of the application to the State; and WHEREAS, the City of Livingston will enter into an agreement with the California Highway Patrol to complete the Grant Scope.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston hereby:

1. Approves the filing of an application for the Cannabis Tax Fund Grant Program and awarded amount of $136,109.10

2. Certifies that the City of Livingston has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and

3. Certifies that if the project is awarded, the City of Livingston has or will have sufficient funds to operate and maintain the project, and

4. Certifies that the City of Livingston has reviewed, understands, and agrees to the General Provisions contained in the program regulations; and

5. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

7. Approves and directs the Finance Department to make a supplemental budget appropriation for the following general fund accounts for the Fiscal Year 2025-2026. 1100-102-4130 $71,509.10
1100-102-4320 $58,300.00
1100-102-4550 $6,300.00
1100-000-3352 $136,109.10
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 2nd day of September 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:
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By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney
of the City of Livingston
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State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 13, 2025
File No.: 060.17344.17369
Sergeant Jason Barkus
Livingston Police Department
1446 C Street
Livingston, CA 95334
Dear Sergeant Barkus:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Livingston Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $136,109.10. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
M. W. HEADRICK, Chief
Enforcement and Planning Division
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State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23416 ________________________________________________________________

1. GRANT TITLE
FY25/26 CTFGP Law Enforcement - Livingston Police Department

2. NAME OF ORGANIZATION/AGENCY
Livingston Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $136,109.10

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Jason Barkus
Title: Sergeant
Phone: (209) 394-7916
Address: 1446 C St.

Livingston, CA 95334
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Jason Barkus
Title: Happy Bains
Phone: (209) 394-7916
Address: 1446 C St.

Livingston, CA 95334
I
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Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360. 76 of 401
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
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F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
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J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 79 of 401
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with 80 of 401
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement. 81 of 401
Livingston Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The Livingston Police Department proposes to obtain financial assistance from the California Highway Patrol Cannabis Grant Unit. The purpose of this application is to facilitate enforcement of laws and to increase prevention techniques related to driving under the influence of alcohol and other drugs (including cannabis/cannabis products). A secondary purpose is for public education and prevention.

Our grant project will improve the Livingston Police Department’s effectiveness by elevating the training of its staff and will significantly increase roadway safety for the community. This will also be accomplished through increased dedicated patrols aimed at providing education, preventing Vehicle Code violations and enforcing laws related to driving under the influence of alcohol/drugs.

The project will also include a community education portion. There are numerous educational opportunities through our relationships with schools as well as our connections with community events and outreach. Our goal is to provide a specialized educational opportunity using innovative tools that will create an engaging learning environment.

Problem Statement & Proposed Solution
The City of Livingston has a population of approximately 17,000 residents. The Livingston Police Department officers work to prevent and enforce impaired driving inclusive with their respective patrol duties. Sworn staffing is 18 officers including sergeants, a lieutenant and the Chief of Police. In addition, there are a minimum of four sworn reserves which supplement patrol. All sworn officers are trained in general law enforcement, traffic enforcement, criminal investigations, community-oriented policing, crime prevention, and serve in the detective bureau/patrol division. Livingston is located in Merced County and is serviced by Highway 99 Corridor (SR99).

State Route 99 (SR 99) is a major north–south state highway in the U.S. state of California, stretching almost the entire length of the Central Valley. The highway runs through the heart of Livingston. Livingston is a host to businesses that cater to commuters, the common traveler and large truck haulers. We work closely with the neighboring communities of Merced, Turlock, Modesto and Highway Patrol to provide a safe vehicular environment. Highway SR99’s accessibility combined with the services provided by these businesses make it a thoroughfare for illicit activities, including impaired driving under the influence of both alcohol and drugs, underscoring the imperative for targeted law enforcement interventions to safeguard the community of Livingston.

Every year, impaired driving arrests prove to be some of the most common arrests made in the City of Livingston. From 2022 to 2024, DUI arrest remain a constant while the percentage of DUI related traffic collisions has gradually increased over the last three years. By lessening the amount of impaired driving crimes in the City of Livingston, we expect to gain trust and build important relationships with our residents so that they can safely driving in the city.

Funding provided by this grant will result in a significant increase in public safety while concurrently enhancing the quality of our enforcement efforts. Our grant goal focuses on the reduction of impaired driving incidents throughout the city and neighboring communities. This crucial support for the Livingston Police Department will create a positive impact in our concentrated efforts toward the training of officers and enforcement of impaired driving laws. Funding provided through the Cannabis Tax Fund grant will enable the Livingston Police Department the ability to advance the goal of targeting alcohol and drug related driving issues years ahead of our current budget resources.
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Previously low staffing levels and a reduced training budget hampered the Livingston Police Department’s ability to perform dedicated enforcement patrols. As the Department approaches full staffing, a unique opportunity presents itself with this grant to revitalize our goal for DUI related enforcement. With the addition of a dedicated enforcement patrols, the opportunity presents itself to make a significant impact providing dedicated enforcement to make the community safer from the impacts of impaired driving.

Performance Measures/Scope of Work
12 DUI Saturation Patrols (Q1 = 3, Q2 = 3, Q3 = 3, Q4 =3); Aim to reduce DUI/DUID collisions by 10-15%, which will improve roadway safety in the community by reducing the likelihood of injury caused by a DUI/DUID collision.
7 Officers sent to Standardized Field Sobriety Test training (Q1=1, Q2=2, Q3-Q4 =4); Aim to have all staff members achieve a minimum of training through successful completion in order to improve and hone the skills necessary to properly enforce DUIs and reduce impaired driving. 10 Officers sent to Advanced Roadside Impaired Driving Enforcement training (Q1=2, Q2=2, Q3-Q4 =6); Aim to have all staff members have at a minimum, advanced training with successful completion to improve and hone the skills necessary to properly enforce DUI/DUIDs and reduce impaired driving. 1 Officer sent Standardized Field Sobriety Test Instructor training (Q1 = 1) = Attend and complete training); Aim to have an instructor on staff who can host training for current and new staff members, assist other agencies to train their staff, and to reduce travel/logistic expenses incurred by sending staff to out-of-area training.
2 Officers sent to Drug Recognition Expert training (Q1 = 1, Q2-Q4 = 1); Aim to have staff members who can qualify as Drug Recognition Experts during prosecution cases and to conduct DRE exams on suspected impaired drivers to increase the efficiency and competency while enforcing impaired DUI/DUID stops.

Educational Presentations at Community events (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 1): Quarter 1: Livingston Community Health Fair (August, 2025), Goal is to contact 10 young adults to increase awareness of driving under the influence. Livingston Sweet Potatoe Festival (3 Days, September 2025), Goal is to contact at least 25 young adults to increase awareness of driving under the influence. Quarter 2: 4 Livingston Street Faire Events (Thursdays, October 2025), Goal is to contact 10 young adults to increase awareness of driving under the influence. Quarter 3: None. Quarter 4: Sober Graduation (May, 2026), Goal is to contact at least 50 young adults each event to increase awareness of driving under the influence.

Project Performance Evaluation
Our performance and associated positive impact on the community serviced by this Project will be evaluated through comparison between project data and previous year’s data. The benefit of sending staff to advanced trainings coupled with their respective completion rate will also be used to evaluate the effectiveness of the Project. The resulting data and completion rate will be analyzed and included in the Performance Measures of each Quarterly Report. The data will be collected through the use of Statistical Sheets for each DUI Saturation Patrol. These will include date/times of patrols, number of vehicle stops, number of Field Sobriety Tests administered, number of arrests made for Driving Under the Influence (broken down by alcohol, drug, or alcohol/drug combination), number of DRE Evaluations performed, and other citations/arrests made during the patrol. Target areas will be selected based on comp-stat data collected prior to each DUI Saturation Patrol.
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Program Sustainability
In order to reduce reliance on future grant funding, the Project includes the prioritization of staff training. Inhouse trainers will provide continued support and additional training for existing and future staff. It is our intention to create a culture of success for all our staff members by retaining knowledge, constant exposure to developing best practices and a department wide commitment to DUI/DUID enforcement. Department leadership recognizes their responsibility to provide a learning environment in which officers can continue to develop and hone the respective skills necessary to increase the effectiveness of impaired driving recognition and enforcement. By the end of the Project, all existing staff will have obtained an advanced level of training which can then be prioritized to help elevate new staff to the same level with minimum cost or delay. The saturation patrols funded by the Project will help further identify problem areas of the jurisdiction of the Livingston Police Department. This training and the data developed will be communicated via comp-stat to aid routine patrol in enforcing impaired driving violations outside of Saturation Patrol dates.

Administrative Support
The program goal of targeting DUI/DUID offenders through saturation patrol and enforcement has the full support of Livingston’s administrative/department leadership. This support resonates from the City Council downward as a mandate to reduce and as a goal, to eliminate impaired driving. In order to successfully implement the Project, staff will be dedicated to man saturation enforcement patrols and to backfill staffing levels in order to send staff members to trainings to improve and hone their skills which will be used during implementation. The grant efforts, progress, and success will be managed by the Administrative Contact and overseen by the Authorized Official named in this grant. 84 of 401
Other Direct Costs
Outreach/Education Materials and Supplies $6,303.06
Category Sub-Total $6,303.06
Personnel
Backfill $54,389.40
DRE Field Certification - Attend $3,526.80
DRE Training - Attend $8,464.32
SFST Instructor Training - Attend $3,099.20
ARIDE Training - Attend $9,868.00
SFST Training -Attend $10,569.84
DUI Saturation Patrols $17,058.48
Category Sub-Total $106,976.04
Travel
ARIDE Training - Attend Travel $6,680.00
SFST Training - Attend Travel $6,839.00
SFST Instructor Training - Attend Travel $1,595.00
DRE Training - Attend Travel $5,762.00
DRE Field Certification - Attend Travel $1,954.00
Category Sub-Total $22,830.00
Grant Total $136,109.10

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Other Direct Costs
Outreach/Education Materials and Supplies
$6,303.06
Alcohol Impairment Simulator/Glasses: Fatal Vision Alcohol Event Kit (Innocorp, Ltd.). Kit includes 5 Fatal Vision Alcohol Impairment Goggles and 4 interactive activities. Kit Total: $2,897.89 (includes Tax and Shipping) THC Impairment Simulator/Glasses: Fatal Vision THC Program Kit (Innocorp, Ltd.). Kit includes 2 THC goggle simulation glasses and 5 interactive activities. Kit Total: 1,833.06 (Includes Tax and Shipping) Novelty/Promotional Material: Novelty/Promotional Material for Community Events (DUI Awareness). 4 events over 9 Days. 100 contacts/day (average). 1 Novelty/Promotion item per contact. 900 items. $1.50 per item. 900*$1.50= $1,350.

NOTE: Outreach Materials and Advertising must be submitted to and approved by CGU prior to airing, publication, or distribution."

Personnel
SFST Training -Attend
$10,569.84
7 SFST Training Courses for 7 LPD Officers (5 officers, 1 Corporal, 1 Sergeant) for time period 7/1/25-6/30/26. 1 SFST Course=24 hours.

Officer Rate= $58.78/hour (Regular Rate(includes benefits). 24 hours@$58.78=$1410.72. 5 Training Courses @ $= $7053.60
Corporal Rate=$69.03/hour (Regular Rate(includes benefits). 24 hours*$69.03=$1656.72. 1 Training Course @$1656.72=$1656.72.

Sergeant Rate=$77.48/hour (Regular Rate(includes benefits). 24 hours*$77.48=$1859.52. 1 Training Course (Sergeant) @ $1859.52= $1859.52.

Total for all SFST Training= $10569.84

ARIDE Training - Attend
$9,868.00
10 ARIDE Training Courses for 10 LPD Officers (8 officers, 1 Corporal, 1 Sergeant) for time period 7/1/25 -6/30/26. 1 ARIDE Course=16 hours
Officer Rate= $58.78/hour(Regular Rate(includes benefits). 16 hours*$58.78=$940.48. 8 Training Courses @ $940.48 = $7523.84
Corporal Rate=$69.03/hour(Regular Rate(includes benefits). 16 hours*$69.03=$1104.48. 1 Training Course @$1104.48=$1104.48.

Sergeant Rate=$77.48/hour(Regular Rate(includes benefits). 16 hours*$77.48=$1239.68. 1 Training Course @ $1239.68= $1239.68.

Total for all SFST Training= $9868.00

SFST Instructor Training - Attend
$3,099.20
1 SFST Instructor Training Courses for 1 LPD Sergeant (8/4/25-8/8/25). SFST Instructor Training Course=40 hours.

Sergeant Rate=$77.48/hour (Regular Rate, includes benefits). 40 hours*$77.48=$3099.20. 1 Training Course (Sergeant) = $3099.20

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DRE Training - Attend
$8,464.32
2 DRE Training Course Classroom for 2 LPD Officers (Rank-Officer) for time period 7/1/25 -6/30/26. 1 DRE Course Classroom=72 hours.

Officer Rate= $58.78/hour(Regular Rate, includes benefits). 72 hours*$58.78=$4232.16. 2 Training Courses @ $4232.16= $8464.32

DRE Field Certification - Attend
$3,526.80
2 DRE Training Course Certification for 2 LPD Officers (Rank-Officer) for time period 7/1/25 -6/30/26. 1 DRE Course Certification=30 hours.

Officer Rate= $58.78/hour (Regular Rate, includes benefits). 30 hours*$58.78=$1763.40. 2 Training Courses @ $1763.40 = $3526.80

Backfill
$54,389.40
22 Trainings Projected: SFST (7), ARIDE (10), SFST Instructor (1), DRE Classroom (2), DRE Certification (2). 22 Courses requiring 93 Days of Training. 6.5 hours shift coverage needed per day to backfill officer in training. 93 Days * 6.5= 604.5 hours. Average Pay Rate $89.97/hour (Overtime Rate, includes benefits). 604.5*$89.97=$54389.40

DUI Saturation Patrols
$17,058.48
12 DUI/DUID Saturation Patrols Scheduled for 7/1/25 thru 6/30/26 (1 per month). Each Saturation Patrol scheduled for 2 LPD Officers and 1 Dispatcher for 6 hours. 12 Patrols w/ Assigned Dispatcher. Dispatcher rate=$61.46/hour (Overtime Rate, includes benefits). 12 Patrols*1 Dispatcher*6 hours*$61.46=$4425.12.
8 Patrols w/ 2 Officers assigned. Officer rate= $80.50/hour (Overtime Rate, includes benefits). 8 Patrols*2 Officers*6 hours*$80.50=$7728.00.
4 Patrols w/ 1 Sergeant assigned. Sergeant rate=$108.54/hour (Overtime Rate, includes benefits). 4 Patrols*1 Sergeant*6 hours*$108.54=$2604.96.
4 Patrols w/ 1 Corporal assigned. Corporal rate=$95.85/hour (Overtime Rate, includes benefits). 4 Patrols*1 Corporal*6 hours*$95.85=$2300.40
Total=$17058.48

Travel
SFST Instructor Training - Attend Travel
$1,595.00
1 SFST Instructor Training Courses for 1 LPD Sergeant for time period 7/1/25 -6/30/26. 1 SFST Instructor Course:

Per Diem=$50 per day*5 days=$250. Lodging=$259 per night*5 nights=$1295. Total $1545.00 DRE Training - Attend Travel
$5,762.00
2 DRE Classroom Training Courses for 2 LPD Officer for time period 7/1/25 - 6/30/26. 1 DRE Classroom Course:

Per Diem=$50 per day*9 days=$450. Lodging=$259 per night*9 nights=$2331. Total $2781.00 per course. 2 DRE Classroom Training: $2781*2=$5562

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DRE Field Certification - Attend Travel
$1,954.00
2 DRE Certification Courses for 2 LPD Officers for time period 7/1/25 -6/30/26. 1 DRE Classroom Course: Per Diem=$50 per day*3 days=$150. Lodging=$259 per night*3 nights=$777. Total $927.00 per course. 2 DRE Certification Courses: $927*2=$1854

SFST Training - Attend Travel
$6,839.00
7 SFST Training Courses for 7 LPD Officers for time period 7/1/25 -6/30/26. 1 SFST Course: Per Diem=$50 per day*3days=$150. Lodging=$259 per night*3nights=$777. Total $927 per Training. 7 Trainings=$977*7=$6489.00 ARIDE Training - Attend Travel
$6,680.00
10 ARIDE Training Courses for 10 LPD Officers for time period 7/1/25 -6/30/26. 1 ARIDE Course: Per Diem=$50 per day*2days=$100. Lodging=$259 per night*2nights=$518. Total $618 per Training. 10 Trainings=$618*10=$6180.00

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Department of California Highway Patrol
Cannabis Tax Fund Grant Program
Quick-Reference
Guide

07.01.25 CANNABIS GRANTS UNIT
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Table of Contents
IMPORTANT DATES..................................................................................................... 3 QUARTERLY REPORTING .......................................................................................... 4 Performance Plan & Achievements............................................................................ 4 REIMBURSEMENT REQUESTS................................................................................... 5 Expenses and Budget Categories.............................................................................. 5 Personnel .................................................................................................................. 5 Travel ........................................................................................................................ 7 Equipment ................................................................................................................. 9 Consultants/Contracts ............................................................................................. 10 Other Direct Costs ................................................................................................... 11 EDUCATION AND OUTREACH.................................................................................. 11 Education Events and Presentations........................................................................ 11 Outreach Materials and Advertising ......................................................................... 12 MODIFICATIONS........................................................................................................ 12 Budget Modification Request................................................................................... 12 Project Contact Change Request............................................................................. 13 PROJECT PERFORMANCE REVIEW........................................................................ 13 Monitoring/Site Visits ............................................................................................... 13 CLOSEOUT................................................................................................................. 14 Achievements and Expenses .................................................................................. 14 AUDITING ................................................................................................................... 14 Requirements & Principles ...................................................................................... 14 90 of 401
3 Quick-Reference Guide
This Quick-Reference Guide was developed to provide the California Highway Patrol’s (CHP), Cannabis Grants Unit (CGU), Cannabis Tax Fund Grant Program (CTFGP) Grantees, with grant program guidance. It is not intended to replace the Terms & Conditions in your Grant Agreement, or any rules established in the program regulations. All items contained in this Quick-Reference Guide are subject to change.

Please be sure to read California Code of Regulations (CCR) (Title 13, Division 2, Chapter 13) posted on the CHP’s website to ensure successful participation in the program.

IMPORTANT DATES

ONE YEAR PROJECTS
FY25-26 Quarterly Reporting and Reimbursement Request Due Dates

TWO YEAR PROJECTS
FY25-27 Quarterly Reporting and Reimbursement Request Due Dates Quarter Reporting Period Due Date
Y1 Q1 July 1 – September 30 October 14, 2025
Y1 Q2 October 1 – December 31 January 14, 2026
Y1 Q3 January 1 – March 31 April 14, 2026
Y1 Q4 April 1 – June 30 July 14, 2026
Y2 Q1 July 1 – September 30 October 14, 2026
Y2 Q2 October 1 – December 31 January 14, 2027
Y2 Q3 January 1 – March 31 April 14, 2027
Y2 Q4/Closeout April 1 – June 30 August 31, 2027
Quarter Reporting Period Due Date
Q1 July 1 – September 30 October 14, 2025
Q2 October 1 – December 31 January 14, 2026
Q3 January 1 – March 31 April 14, 2026
Q4/Closeout April 1 – June 30 August 31, 2026
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Performance Plan & Achievements
Grantees are required to report quarterly on achieved Project goals and activities (referred to as Achievements within the Performance Plan in the Grant Management System) that occurred during the Reporting Period. If you are not submitting Achievements and/or Expenses during any Reporting Period, a Project Status is still required (ex: Q1 – Project Status). The Project Status provides an opportunity to tell a story about the Project as a whole, including success stories, obstacles faced, and future plans (do not repeat stats from other Achievements).

Please only report on grant-funded Project activities in your current Project.

Grantees will utilize the Grant Management System (GMS = AmpliFund) to submit all quarterly Achievements by the due dates listed in this guide under “Importance Dates”. Please contact your Grant Administrator if a deadline cannot be met. CGU reserves the right to request additional information, as needed. CGU may request the following information:

Individual Project Activity Updates
• Progress
• Completed tasks
• Additional details
Required Project Status Updates
Q1-Q3 – Project Status
• Success stories
• Obstacles faced
• Future plans
Q4 – Project Status/Closeout
• Summary of completed Project
• Success Stories
• Obstacles faced
• Project goals/activities not accomplished
• Justification for unspent grant funds
Training
• Course name
• Location
• Date(s)
• Organization/Agency or entity
providing training
• Roster/Certification of Completion(s), if
applicable
• Clarification/justification of hours
DUI Saturation Patrol (SP)/Checkpoint (C)
• Number of patrols (SP)
• Number of cars through (C)
• Number of stops (SP)
• Number of SFST (SP/C)
• Number of DUI/DUID Arrests (SP/C)
• Number of citations/warnings (SP)
• Number of cars screened (C)
Education and Outreach
• Event/Presentation name
• Location (in-person or virtual)
• Event/Presentation dates (must be
within Project Performance Period)
• Agenda/Topics covered
• Attendance list/number of attendees
• Photos of event, presentation,
and/or outreach materials
Crime Lab/Coroner’s Testing
• Statistical information
• Advances in Testing
• Progress in reducing turnaround time
• Number of impaired driving deaths
• Drug Trends
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QUARTERLY REPORTING
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Expenses and Budget Categories
Reimbursement Requests shall not be submitted until a Grant Agreement is fully executed. A Grant Agreement is deemed fully executed when an electronically signed Grant Agreement, approved Board Resolution, and completed FI$Cal Form are on file with CGU. Once Executed, a Grant Administrator will be assigned to your Organization/Agency.

Payments are issued on a reimbursement-basis only, and payment advances are not allowed.

Grantees shall submit Reimbursement Requests on a quarterly basis for approved achievements and expenses relating to the Project goals and activities that occurred during the Reporting Period through the GMS. Budget Categories for requesting reimbursement may include Personnel, Travel, Equipment, Consultants/Contracts, and/or Other Direct Costs.

In the GMS, Grantees will create one Expense line item per Project activity. Do not split one Project activity across multiple Expense line items. Reimbursement Requests must be submitted by an authorized contact of the Organization/Agency. It is the responsibility of the authorized contact to verify:
• All Reimbursement Requests are eligible.
• Amounts do not exceed the budget line-item totals.
• Expense line-items are posted to the correct Budget Category and Budget line-item. • Supporting documentation is attached and uploaded to each Expense line item.

Please allow enough time for the Grant Administrator to review the submitted information to ensure a Reimbursement Request is submitted by the due date. CGU reserves the right to request additional information, as needed.

Note: Reimbursement Requests, consisting of Expense line-items (Budget), Achievements (Performance Plans) and supporting documentation are due within 14 calendar days of the due dates, with the exception of the fourth quarter, which is due within 60 calendar days of the due date. All due dates can be found under “Important Dates”. Please contact your Grant Administrator if a deadline cannot be met.

CGU reserves the right to withhold approving and/or processing Reimbursement Requests if the Grantee is, at any time, not adhering to the statutes or regulations governing the grant program, and if the Grantee has any outstanding supporting documentation, Achievements, or Project closeouts.

Personnel
Personnel costs include direct compensation for budgeted staff time and benefits for grantfunded activities. Services must be rendered within the Project Performance Period to receive reimbursement.

Budgeted Staff Time
Budgeted staff time costs may include staff time worked beyond the normal established work 5 Quick-Reference Guide

REIMBURSEMENT REQUESTS
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schedule for all employees. Overtime is reimbursable at a higher than normal rate of pay, in accordance with the Grantee’s established overtime policy.

Personnel/administrative costs shall be consistent with prevailing wages for contractual services or the organizational salary scale for staff.

Backfill
Backfill costs may include an overtime rate for budgeted staff time for a qualified person to replace an employee attending a training course (ex: Drug Recognition Evaluator (DRE) Training). Training course must be specified in the Grant Agreement and approved by CGU prior to staff attending the course(s). Backfill is not to be used to pay the personnel costs for an officer attending a training/conference. It is to be used to pay the overtime necessary for another officer to replace a shift the attending officer was scheduled to work during the time of the training/conference.

Benefits
Benefit costs may include employer contributions or expenses for basic health care, vacation, sick leave, retirement, social security, and/ or other similar expenses. Personnel benefit costs must be calculated in proportion to the actual time worked on the Project activity.

Supporting Documentation
Personnel supporting documentation must be an official document (ex: electronic payroll report).

Personnel timesheets are not required as supporting documentation; however, they must be kept on file at your Organization/Agency and readily available for auditing purposes, in addition to the electronic payroll report. Submitted personnel timesheets, activity logs, etc. must include all signatures.

For each Project activity, please ensure the following information is provided:
• Project activity name
• Project activity date
• Employee name and classification
• Number of hours worked on Project activity
• Rate of pay (notate whether regular or overtime pay)
• Salary total (rate x hours)
• Benefits percentage
• Total for salary and benefits combined
If the official document does not include all information above, please submit a supporting spreadsheet. Example below.

Project Activity Project Activity Date Name and Classificaiton Hours OT Rate Salary Total Benefit % Total Personnel Cost DUI Saturation Patrol 08/01/ 23 Officer Bob Smith 5.00 $79.97 $399.85 10% $439.84 DUI Saturation Patrol 08/01/23 Sergeant Jessica Williams 5.00 $80.00 $400.00 10% $440.00 DUI Saturation Patrol 08/25/23 Officer John M iller 4.50 $79.97 $359.87 10% $395.85 DUI Saturation Patrol 08/25/23 Officer Joe Adams 4.50 $82.50 $371.25 10% $408.38 DUI Sat urat ion Patrol 08/25/23 Officer Bob Smith 4.50 $85.46 $384.57 10% $423.03 DUI Saturation Patrol 09/02/23 Officer Joe Adams 6.00 $80.00 $480.00 10% $528.00 DUI Saturation Patrol 09/02/23 Sergeant Jessica Williams 6.00 $79.97 $479.82 10% $527.80 DUI Saturation Patrol 09/ 02/ 23 Officer Bob Smith 6.00 $79.97 $479.82 10% $S27.80 DUI Saturation Patrol 09/02/23 Officer John M iller 6.00 $82.50 $495.00 10% $544.50 TOTAL $4,235.19
SFST Training 10/23/23 - 10/25/23 Officer Bob Smith 16.00 $79.97 $1,279.52 10% $1,407.47 SFSTTraining 10/23/23 - 10/25/23 Officer Joe Adams 16.00 $85.46 $1,367.36 10% $1,504.10 SFST Training 11/06/23 - 11/08/23 Officer John M iller 16.00 $80.00 $1,280.00 10% $1,408.00 SFSTTraining 11/06/23 - 11/08/23 Sergeant Jessica Williams 16.00 $82.50 $1,320.00 10% $1,452.00 TOTAL $5,771.57
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Travel costs may include in-state and out-of-state Project-related conferences, seminars, workshops, and trainings approved by CGU. The most economical mode of travel, in terms of direct expenses to the Project, must be used.

NOTE: If the name and type of conference/training is not included in the Grant Agreement, CGU approval for the conference/training must be obtained prior to travel. To request CGU approval please provide the following information via e-mail to your Grant Administrator:
• Travel date(s)
• Location of the conference/training
• Employee Name and Classification
• Name of existing budget line item that will cover these travel costs.

Travel must occur within the Project Performance Period to receive reimbursement.

Out-of-State
Grantees shall use the out-of-state lodging reimbursement rates established by their Organization/Agency; however, meals and incidentals will be reimbursed at the State travel rates.

In-State
Grantees shall not exceed the travel rates paid to exempt, excluded, and represented State of California employees and will be reimbursed at the State travel rates. Any costs beyond State travel rates will be at the expense of the Grantee. For additional information, visit the California Department of Human Resources (CalHR) website: Travel Reimbursements - CalHR.

Travel Expense Examples
• Lodging to attend conferences/trainings (must have CGU approval prior to attending) • Mileage (based on current State rate) or fuel expenses • Per Diem for approved meals (based on current State rate) • Rental car fees
• Commercial airline fares
• Parking fees
• Bridge tolls
• Taxi or bus fares
Meals cannot be claimed if they are provided by the hotel, training, conference, etc. Snacks and continental breakfasts, such as rolls, juice, and coffee, are not considered meals. Refer to CalHR for the travel timeframes for when meals can be claimed.

NOTE: Please complete one Travel Claim Form per trip, per employee, and submit with the required supporting documentation through the GMS. For each trip, per employee, submit travel expense in their entirety; do not split across multiple Reporting Periods or Expense line items in the GMS. The Start Date is the first day of paid travel and the End Date is the last day of paid travel. Your Grant Administrator will provide an electronic copy of the form. 7 Quick-Reference Guide
Travel
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Supporting Documentation
Travel supporting documentation may include a paid receipt, paid invoice, or confirmation (ex: airline, rental car) that must show a paid in full/zero balance. Proof of payment, stay, or travel may be requested.

In addition to a Travel Claim Form, please ensure the following information is provided:
• Trip name
• Traveler name
• Location
• Travel dates (must be within Project Performance Period / when paid travel begins & ends) • Purpose of trip
• Start and end time of travel (when paid travel begins & ends) • Total expense for reimbursement, and
• Zero balance, proof of payment, stay, or proof of travel.

Lodging
Please include an itemized receipt that is pre-printed (folio) with the attendee’s name, hotel name, address, charges, and a paid in full/zero balance.

Mileage or Ridesharing
Please include a mapped route with start/finish address and locations, and a paid in full/zero balance or proof of payment. For ridesharing companies such as Lyft, the receipt must also contain the attendee’s name.

Per Diem
Individual receipts for meals are not required but must be kept on file at your Organization/Agency must be on file and readily available for auditing purposes. Refer to CalHR for the travel timeframes for when meals can be claimed.

Excess Lodging Request
If attending an in-state, CGU-approved conference, and the conference blocked room rate exceeds the State travel rate, Grantees may submit an Excess Lodging Request prior to booking travel.

Please copy and paste the below bullets in an e-mail (Subject line = Excess Lodging Request) to your Grant Administrator and provide an answer for each bullet:
• Conference name
• Location
• Conference dates (must be within Project Performance Period) • Conference blocked room rate
• Difference between conference blocked room rate and state travel room rate • Detailed justification for Excess Lodging Request
Excess Lodging Requests will only be allowed under special circumstances with CGU approval. Excess Lodging Requests are effective once approved by CGU. If prior CGU approval is not received, Reimbursement Requests containing an excess lodging room rate will not be approved and travel costs will be reimbursed at the State travel rate. 8 paid online
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Equipment costs include grant -funded purchases of non-expendable, tangible, personal property having a normal useful life of more than one year and an acquisition cost of at least $5,000 or more per asset (ex: four identical assets which cost $1,250 each, for a $5,000 total, would not be considered an equipment purchase).

Equipment not specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Equipment should be purchased at the beginning of the Project Performance Period to ensure it is utilized when completing corresponding Project activities. Equipment must be purchased and received within the Project Performance Period to receive reimbursement.

Supporting Documentation
Equipment supporting documentation may include a paid receipt or paid invoice but must show a paid in full/zero balance or proof of payment. Please ensure the following information is provided:
• Vendor name
• Purchase date (must be within Project Performance Period) • Invoice number
• Item(s) purchased
• Total expense for reimbursement
• Zero balance or proof of payment
• VIN/Serial numbers (included on invoice or in photo), and • Photo(s) of equipment item
Paid accrued taxes must be submitted with a copy of a paid receipt or paid invoice containing a paid in full/zero balance or proof of payment for the correlating equipment purchase. Please include the tax percentage and proof of payment for the accrued taxes. Please submit both paid accrued taxes and equipment expenses in their entirety; do not split across multiple Reporting Periods or Expense line items in the GMS.

Messaging
Equipment, such as vehicles (ex: car, motorcycle), DUI Trailers, etc., must be marked, indicating that they are primarily used for Driving Under the Influence (DUI) Enforcement and display a message supporting DUI Enforcement. Magnetically affixed decals and messaging will not be accepted.

Messaging types may include:
• Decal (ex: window, door)
• Wrap (ex: entire DUI Trailer)
Messaging examples may include:
• DUI Enforcement
• DUI/DUID Education and Outreach
• “Always Designate a Sober Driver” or other DUI message Messaging and Grantee logos must be submitted to and approved by CGU prior to purchase/display.
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Equipment
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NOTE: By submitting equipment supporting documentation, the Grantee certifies that equipment was added to the inventory log at the Organization/Agency and can verify the location. Any equipment purchased with grant funds may be subject to review during site visits/audits and is property of the purchasing Organization/Agency.

Equipment Management Requirements
California Code of Regulations Section 1890.19
The following requirements apply to all equipment purchased with grant funds:
• Equipment shall only be used for its intended purpose for the duration of its useful life. • Grantees shall keep equipment purchased with grant funds maintained in safe working order and stored securely.
• To be eligible for reimbursement, Grantees must purchase and receive equipment prior to the close of the Project Performance Period.
• Lost or stolen equipment purchased with grant funds, within five years of the date of loss or theft, shall be reported immediately to CGU by the Grantee (if applicable, the Grantee shall send a copy of the police report to CGU).
• Prior to disposition of equipment purchased with grant funds, the Grantee shall notify CGU via e-mail and dispose of the equipment, in accordance with the Grantee’s Organization/Agency policy.

Consultants/Contracts
Contracted services shall be utilized in direct support of Project activities. The Grantee shall be responsible for the Contractor’s compliance with program regulations, the Grant Agreement, and Project requirements. Contracted services shall not affect the Grantee’s overall responsibility for the management of the Project.

A copy of the Contract and/or Scope of Work must be submitted to and approved by CGU prior to commencement of work. Services must be rendered within the Project Performance Period to receive reimbursement.

While Nonprofits are categorized as Consultants/Contracts, the guidance for all Budget Categories still applies. See the applicable Budget Category in this guide for additional information.

Supporting Documentation
Consultants/Contracts supporting documentation should allow CGU to determine if invoiced expenses are permissible, reasonable, and necessary for the performance of the Project.

Supporting documentation may include a paid receipt or paid invoice but must show a paid in full/zero balance or proof of payment. If applicable, please ensure the following information is provided:
• Time study, and
• Detailed activity report
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Other Direct Costs include Operational Costs. Supplies and materials may be purchased, provided the items are claimed at a cost no higher than the original purchase price paid by the Grantee.

Other Direct Costs not specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Other Direct Costs should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. Other Direct Costs must be purchased and received within the Project Performance Period to receive reimbursement.

Supporting Documentation
Other Direct Costs supporting documentation may include a paid receipt or paid invoice but must show a paid in full/zero balance or proof of payment. Please ensure the following information is provided:
• Vendor name
• Purchase date (must be within Project Performance Period) • Invoice number (if applicable)
• Item(s) purchased
• Total expense for reimbursement, and
• Zero balance or proof of payment
Registration Fees
Please ensure the following information is provided:
• Conference/Training name
• Attendee name
• Location
• Conference date(s) (must be within Project Performance Period) • Total expense for reimbursement
• Zero balance or proof of payment, and
• Proof of attendance (ex: copy of badge, agenda, handout)

EDUCATION AND OUTREACH
Education Events and Presentations
Education Events and Presentations may include community meetings, cannabis industry outreach, school outreach programs, high school/college presentations, and education programs. Prior to conducting presentations, please share the content/presentation with your Grant Administrator. Education Events and Presentations must occur within the Project Performance Period to receive reimbursement.
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Other Direct Costs
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When reporting Education/Outreach Achievements, please provide:
• Photos
• Educational content
• Impact data (ex: number of attendees, list of public establishments), and • Address/location if contact was made in person or virtual (include platforms).

Outreach Materials and Advertising
Outreach Materials and Advertising may include press releases, social media postings, brochures, flyers, PowerPoint presentations, billboards, print advertisements, and radio advertisements.

Outreach Materials and Advertising must be submitted to and approved by CGU prior to airing, publication, or distribution. Outreach Materials and Advertising should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. Outreach Materials and Advertising must be purchased, received, and aired/run/displayed within the Project Performance Period to receive reimbursement.

Messaging
All messaging and Grantee logos must be submitted to and approved by CGU prior to purchase/display.

Messaging verbiage must include both:
• The statement, “Funded by the CHP Cannabis Tax Fund Grant Program”, and • Educational message against impaired driving

MODIFICATIONS
Budget Modification Request
Grantees seeking to reallocate grant funds to accomplish the intent of the original Grant Agreement and Project activities may submit a Budget Modification Request in Q1, Q2, or Q3.

In Q4, Budget Modification Requests will only be allowed under special circumstances with CGU approval.

Please copy and paste the below bullets in an e-mail (Subject = Budget Modification Request) to your Grant Administrator and provide an answer for each bullet for each reallocation of grant funds:
• Requested item(s) and/or service(s)
• Explanation of reasons/circumstances that justify the modification. • Description of how requested item(s) and/or service(s) will positively improve the Project • Description of potential implications if the Budget Modification is not approved • Budget line item name(s) you are transferring from
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• Budget line item name(s) you are transferring to
• Amount(s) for reallocation
Budget Modification Requests will become effective once approved by CGU. If prior CGU approval is not received, Reimbursement Requests shall be denied. CGU and the Grantee shall retain copies of all Budget Modification Request documents.

Project Contact Change Request
Grantees requesting to update personnel contacts during the Project Performance Period must submit a Project Contact Change Request.

Please copy and paste the below bullets in an e-mail (Subject = Project Contact Change Request) to your Grant Administrator and provide an answer for each bullet for each change:
• Effective date
• Current Project contact name (first and last) & title • Telephone number
• E-mail address
• Mailing address
• New Project contact name (first and last) & title
• Telephone number
• E-mail address
• Mailing address

PROJECT PERFORMANCE
REVIEW
Monitoring/Site Visits
CGU may conduct a Project Performance Review to determine progress towards the completion of the Project. Project Performance Reviews may be accomplished by desk review, questionnaire, site visits, and/or other means of review. The Project Performance Review may be conducted before, during, or at the end of the Project Performance Period. 13 101 of 401
Achievements and Expenses
Achievements
Grantees are required to report on achieved Project goals and activities (Achievements) that occurred during the Project Performance Period and provide a final Project Status/Closeout Achievement (ex: Q4 – Project Status/Closeout) by the due date listed in this guide under Important Dates. Please ensure the following information is provided:
• Detailed summary of completed Project
• Success stories
• Obstacles faced
• Project goals/activities not accomplished
• Justification for unspent grant funds
Expenses
In addition to Achievements, and if applicable, Grantees will submit a final Reimbursement Request with required supporting documentation within sixty calendar days after the completion of the Project, or the end date, as specified in the Grant Agreement or amended Grant Agreement, whichever comes first. Please ensure the following information is provided:
• Supporting documentation for Expenses
• Subcontracted work, notice of completion (if applicable), and • Photos of completed Project goals and activities (if applicable) Please allow enough time for the Grant Administrator to review the submitted information to ensure a Reimbursement Request is submitted by the due date. CGU reserves the right to request additional information, as needed.

AUDITING
Requirements & Principles
Record Retention
Grantees shall retain all documents, records, receipts, and financial accounts pertinent to the Project necessary to substantiate the purpose for which grant funds were spent, for five years from the expiration of the Grant Agreement.

Audit Requirements
Auditors may request, but are not limited to, the following documentation:
• Job/Source code
• Components of indirect/administrative costs reimbursed by the grant • Reports of employees by position/title, including job descriptions and staff time/benefits reimbursed by the Grant
• Timesheets signed by the employee and supervisor for staff time reimbursed by the grant 14 Quick-Reference Guide

CLOSEOUT
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• Invoices, canceled warrants for Contracts, materials, services, and supplies • All Contracts and Service Agreements reimbursed by the Grant • Vehicle records/mileage logs for transportation cost, including the Grantee’s relevant policies, processes, and documentation pertaining to usage costs and mileage rates • Vehicle Identification Numbers, equipment serial numbers, title, and photographs of equipment purchases reimbursed by the grant
Basic Principles
• Maintain complete records and keep on file at the Organization/Agency. • Be prepared and have records readily available for an audit and/or site visit. • Reimbursements cannot exceed actual costs expensed for a Project activity. • Request reimbursement for Expenses only once.
• Respond to requests in a timely manner.

If you have any questions, please contact the CGU at (916) 843-4360. 103 of 401

STAFF REPORT
AGENDA ITEM: Resolution (1) Approving the Purchase of Thirteen Solar Light Poles for Main Street, Mont Cliff Way and Barcelona Drive in the Amount of $74,627.00.00 from Fonroche Lighting America, (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-16, and (3) Authorizing the City Manager to Execute All Required Documents
MEETING DATE: September 2, 2025
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) approving the purchase of thirteen solar light poles for Main Street, Mont Cliff Way and Barcelona Drive in the amount of $74,627.00.00 from Fonroche Lighting America, (2) waive formal bidding requirements as outlined in Section 1-11-16, and (3) authorizing the City Manager to execute all required documents.

BACKGROUND:

Currently Main Street from D Street to Park Street lacks adequate lighting on one side of the street, creating a safety concern for residents and motorists. Poorly lit areas have been associated with increased crime rates, including vandalism and theft. Insufficient lighting can also lead to accidents as visibility is compromised at night. Residents in the Mont Cliff Way and Barcelona Drive areas have expressed concerns regarding insufficient lighting at night. This lack of visibility has been linked to incidents of mailbox vandalism, which has further heightened concern among residents.

The Public Work Director and the City Engineer visited the Barcelona Drive area and confirmed that there was a lack of lighting in this area. Public Works staff have replaced fixtures with additional lumen in the Mont Cliff Way area close to Winton Parkway before, however that has not resolved the issue.

The Public Works Director and the City Engineer also visited the Mont Cliff area and found that there is an opportunity to address the issues by installing solar street lighting.

On April 16, 2024, City Council approved the purchase of six solar light poles from Fonroche Lighting America to be installed at the City Hall parking lot. Given the successful implementation and positive outcome associated with the initial purchase, we propose to procure additional solar lights from Fonroche Lighting America. We intend to install eight solar light poles along Main Street starting from D St. to Park St, three solar light poles on Mont Cliff Way and two solar light poles on Barcelona Drive.

DISCUSSION:

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at 104 of 401
least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.

SOLE SOURCE:

Fonroche Lighting America meets sole source criteria justification due to being the only manufacturer in the World who has developed extremely robust 10–12-year NiMH battery technology and can guarantee reliability performance every night of year through localized solar studies and system sizing.

They are the only manufacturers with a large base of installed lights on tower control feedback, providing more than 7 million data points of monitoring feedback, all for continuous reliability improvements. They are also the only manufacturer in the world doing climate chamber testing confirming system reliability and robustness.

To address the safety concerns associated with poor lighting, it is recommended that the City Council approve the purchase of thirteen streetlight poles from Fonroche Lighting America. These light poles will be strategically installed in the areas identified as poorly lit, enhancing visibility and deterrence against criminal activities.

FISCAL IMPACT:
$74,627.00 will be expended from the approved fiscal year 2025/2026 budget from the Community Facilities District (CFD) 2005-1 Fund (1213-475-4965).

Street Quantity Total
Main St. 8 $46,391.00
Mont Cliff Way 3 $16,656.00
Barcelona Dr. 2 $11,580.00
Total 13 $74,627.00
ATTACHMENTS:

Resolution No. 2025-
Exhibit “A” Cost Proposal for Main St. from Fonroche Lighting America for the amount of $46,391.00 Exhibit “B” Cost Proposal for Mont Cliff Way from Fonroche Lighting America for the amount of $16,656.00
Exhibit “C” Cost Proposal for Barcelona Dr. from Fonroche Lighting America for the amount of $11,580.00
Exhibit "D" Sole Source Cover Letter
105 of 401
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

APPROVING THE PURCHASE OF THIRTEEN SOLAR LIGHT POLES FOR MAIN

STREET, MONT CLIFF WAY AND BARCELONA DRIVE IN THE AMOUNT OF $74,627.00.00 FROM FONROCHE LIGHTING AMERICA, (2) WAIVE FORMAL BIDDING REQUIREMENTS AS OUTLINED IN SECTION 1-11-16, AND (3)

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS WHEREAS, currently Main Street from D Street to Park Street lacks adequate lighting on one side of the street, creating a safety concern for residents and motorists; and WHEREAS, poorly lit areas have been associated with increased crime rates, including vandalism and theft. Insufficient lighting can also lead to accidents as visibility is compromised at night; and WHEREAS, residents in the Mont Cliff Way and Barcelona Drive areas have expressed concerns regarding insufficient lighting at night and this lack of visibility has been linked to incidents of mailbox vandalism, which has further heightened concern among residents; and WHEREAS; the Public Work Director and the City Engineer visited the Barcelona Drive area and confirmed that there was a lack of lighting in this area; and WHEREAS, Public Works staff have replaced fixtures with additional lumen in the Mont Cliff Way area close to Winton Parkway before, however that has not resolved the issue. The Public Works Director and the City Engineer also visited the Mont Cliff area and found that there is an opportunity to address the issues by installing solar street lighting.; and WHEREAS, on April 16, 2024, City Council approved the purchase of six solar light poles from Fonroche Lighting America to be installed at the City Hall parking lot; and WHEREAS, given the successful implementation and positive outcome associated with the initial purchase, we propose to procure additional solar lights from Fonroche Lighting America; and
WHEREAS, we intend to install eight solar light poles along Main Street starting from D St. to Park St, three solar light poles on Mont Cliff Way and two solar light poles on Barcelona Drive; and
WHEREAS, the Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified; and WHEREAS, Fonroche Lighting America meets sole source criteria justification due to being the only manufacturer in the World who has developed extremely robust 10–12-year NiMH battery technology and can guarantee reliability performance every night of year through localized solar studies and system sizing; and
106 of 401
WHEREAS, to address the safety concerns associated with poor lighting, it is recommended that the City Council approve the purchase of thirteen streetlight poles from Fonroche Lighting America; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:

1. Finds the above recitals are true and correct findings of the Livingston City Council.

2. Approves the purchase of thirteen solar light poles for Main Street, Mont Cliff Way, and Barcelona Drive in the amount of $74,627.00.00 from Fonroche Lighting America from the approved fiscal year 2025/2026 budget from the Community Facilities District (CFD) 2005-1 Fund (1213-475-4965).

Street Quantity Total
Main St. 8 $46,391.00
Mont Cliff Way 3 $16,656.00
Barcelona Dr. 2 $11,580.00
Total 13 $74,627.00

3. Waives formal bidding requirements as outlined in Section 1-11-6.

4. Authorizes the City Manager to execute all required documents.

5. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 2nd day of September 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
Of the City of Livingston
ATTEST
107 of 401
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney
Of the City of Livingston
108 of 401
FONt:lOCH~
Ii fn AMERICA
Opportunity Owner Jacob Fox 00086123
Fonroche Lighting America
2224 SE Loop Building C
Fort Worth, TX 76140
339-225-4530
Payment Terms 50% deposit, 50% Net 30 from Ship
Date-contingent on credit approval
Quote Number
Quote Name G9060-Livingston CA-Main Street Infill
Lighting-RevC
Shipping Terms Prices are FOB Origin Quote Date 7/14/2025 Quote Expiration 10/14/2025
Date
Est. Lead Time Within 6 Weeks
Ship To Name City of Livingston CA
Ship To United States
Shipping estimated; final cost determined on day of shipping and added to invoice.

List Customer Price
Quantity Fonroche Model Number Fonroche Product Description P /U . Discount S t Amount

1.00 I GATEWAY
Fonroche Connect Gateway enables optional wireless
networking and customer portal access. With long-range
LoRA communication, you can connect one or more
Smartlight Projects for monitoring and reporting.

I
Communications included, NO MONTHLY FEES.

Smartlight Assembly with 936Wh-24V NiMH Battery ,
I special extreme temperature (from -40 °F to +158 °F), 310W solar module with Top of Pole assembly and
Intelligent management/control system. Provisioned for
Single Fixture configuration. Single Opera Fixture 4K Color ; [Opera-4K-T3] Temp.-Type 3-Fixture Color: Bronze Roman - . System : [P310F-3P]HW-MC-Fixture , color is black. Mount: High wind and enhanced marine Color: Bronze Roman
8 _
00 I POLE: 25Ft. Round
I Tapered Pole-Anchor
1 Base-1-3.2 FT Arm-Arm
coating.
25Ft. Round Tapered Pole-Anchor Base-1-3.2 FT Arm
! -Arm Color: Black -Pole Color is Queens and Kings
I a Year Warranty All Night Lighting 365 Days a Year - Full Color: Black -Pole Color: Battery Replacement
Queens and Kings Assumes No Shading I Assumes little or no snow 1 0 Degrees Tilt
100% =30 Watts worst case conditions.T-PM: 6 hrs.
@100% I T-N (Balance of night) @70% IT-AM: 1 hrs.
@100%
This quotation is subject to the following terms and conditions Total Line Items
Packaging, Shipping
& Handling Est.

Quote Total
nee rnt % ys em
USO
1,000.00
USO
4,987.00

0.00 0.00
USO
1,000.00
USO
USO
1,000.00
USO
4,987.00 39,896.00
USO 40,896.00
USO 5,495.00
USO 46,391 .00
Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.

Seller's Terms and Conditions of Sale may be viewed at https·//www fonrocheso!adighllng com/about-us/terms/ Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the 109 of 401
FON~OCHE
Hg ng AMERICA
Fonroche Lighting America
2224 SE Loop Building C
Fort Worth, TX 76140
339-225-4530
Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighting America is unable recuperate difference in pricing from end customer, ii may deduct the difference from representative's commission. 110 of 401
FON~OCHE:
lfglnting AMERICA

APPLICATION DESIGN
Main Street Infill Lighting
Livingston - CA
Project Number: G9060
Date: 7/14/2025
Written by: Cuong VU
Version: C
111 of 401
The global leader in solar lighting
Fonroche Lighting America is proud to be part of Fonroche Lighting, the global leader in off-grid solar street lighting. The deep resources and broader scope of an established market leader lets us take solar lighting even further, from the State Treasury in Salem, Oregon to the West African Republic of Senegal. Over 150,000 Fonroche Smartlight systems have been deployed worldwide.

With five offices in the USA and installations across the country, Fonroche is never far away. Some solution providers enter the solar lighting market-then move on. We're a reliable partner that sticks around. You get the responsive support and smart answers that you need now-and the confidence that we'll be here for you far in the future. And we can take on projects of any size, from local to national. That's why so many municipalities, military and federal facilities, tribes, commercial properties, and developers trust us to deliver the full promise of solar lighting.

Feasibility of your solar lighting project
To guarantee powerful, cost-effective off-grid lighting, Fonroche operates its own design offices.

We assess the feasibility of each project in four stages:

1. First, we define your lighting requirements.

2. Next, we analyze the last 10 years of local weather
data to determine how much energy our PV panels
will generate.

3. On this basis, we calculate what size and how
many products we need to install.

4. Finally, our sales team draws up a cost estimate.

Fonroche Lighting America - Design Office
FON~OCH~
II hting AMERICA
112 of 401
Rightsized to your specific needs
Simulation of product(s) over
a typical year
Our teams have developed a solar sizing
software application, which we use to
determine which products will best meet your
needs. We then simulate how these products
operate over a typical year, based on the
average conditions for the last decade.

Results
Based on our experience, we propose the
optimal solution in terms of lighting
performance and cost effectiveness.

FONJ:lOCHE:
lighting AMERICA
10-Year Analysis of local
weather data
We use the PVsyst software suite and Meteonorm
historical time series irradiation data to calculate the real-world operating conditions - orientation and
tilt angle of the panel, shadow, etc. - and external
parameters, such as direct and diffuse irradiation,
temperature and the solar calendar.

Sizing the project to your needs
We use a set of key criteria to optimally specify your
project:
• Average battery charge level over the year
• Minimum charge level
• Comparative analysis of energy generated by the
panel vs. energy used by the system
• Worst-case scenario (lowest irradiation, longest
night)
Autonomy of
365
nights of lighttn1 /year
Fonroche Lighting America - Design Office
113 of 401
Analyzing your lighting project FONl=tOCHE:
lighting AMERICA
Your Project location
-- -
..,. .
. -
Your Solar Potential
Livi n ston - CA
USA

GPS COORDINATES
Latitude: 37.3869
Longitude: -120.7235
We have analyzed the weather data for the last 10 years at your project location so that we can guarantee constant lighting every night of the year.

IIIJ
Irradiation and night length by month
10 20
8 15 "C
I I i I I I I I I I I I 1 6 L
10 :::i
---- 0
.c 4 I
3 -°"' 5
2 0 0
~~ ~7,-l... ,v..:-e ;y.4.. ..,r:.,'p-# -§" .. :,),t,
'?-<:/ 'i ,;,,'43~ 0 ~~-.::. -~ &"' if .. , .. ~ ., .. <:/. ' <::>"' " • • Irradiation (kWh/m'.d)
Average annual irradiation : 5.31 kWh/m2.d
Sizing takes account of the month with the lowest irradiation and the longest night.

Your ·ughHhg Application
/!\
Road infill lighting
Fonroche Lighting America - Design Office
114 of 401
Photovoltaic Module
PV Panel Power Rating 310 Wp
PV Panel Tilt Angle 10· Non pro-rated
·~♦_, ,.
$
NIGHT
A * er
DAY * * DAY
Fixture Specification 40001< - 187 Lm /w
-------------------==
Pole and Arm Assembly
Pole Height/Base Type 25' / Anchor Base JUILJel JU/1/"Wl! Finish Powder Coated
6h xh lh
fil Light intensity
115 of 401
Photometric survey results FON~OCHE;:

Ilg ting AMERICA
Zone
, Road - -.
-- - . . - - - -- ~
Design Target: Infill lighting.
• 0.0Fc spots removed.

Average llluminance
(Fe)
•o.47
Total
Quantity
8 Choose Fonroche - and we will reduce your environmental footprint.

A standard streetlight consumes in average 80 W during 4200 h per year which represents 0.08x4200 x number of solar streetlight = X kWh of energy saving.

Once installe-0, salar ligfltir:ig reduees
CO2 emissions by lkWh = 0.99 lbs CO2
c0mparep to a gtid~etmnect~d installation. (httgs://www.eia.gev/) Recycling our components
Long product service life and component recyclability are key aspects of Fonroche Lighting's environmental commitments.

Our solar streetlights are over 90% recyclable.

Unlike lead-acid batteries, NiMH batteries do not contain any toxic chemicals. They are 98% recyclable - the nickel is extracted and used to make various materials, mostly stainless steel.

The solar panels have an extremely long service life. Even after 25 years, they will still be producing at least 80% of their initial peak power. So they can continue to be used. Alternatively, about 96% of their component materials can be recycled to make new panels.

Fonroche lighting America Design Office
116 of 401
FON~OCHt
llgh1ing AMERICA

PHOTOMETRIC
STUDY
*Note: these results are only valid if the Smartlight PV panel is at an azimuth angle of zero degrees and is completely free of shadow.
**These results are subject to change due to technological or regulatory advances. This technical report is valid for 60 days from the date you receive it.

Fonroche Lighting America Design Office
117 of 401
Main Street Infill Lighting
L
s
Lighting Plan Rev C
Project Number: G9060
Label
T3-O era-4K-30W
CalcT e
By: Cuong Vu
[email protected]
Date:7/14/2025
Arran ement
Sin le
Units I Av
llluminance Fe I 0.47
Max

2.1 FONJ:lOCHr
Ilg t111g AMERICA
2224 SE Loop 820 Building C
Fort Worth TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
Total Lam Lumens LLF
5610 0.900
Min Av /Min Max/Min

0.1 4.70 21.00
Ol
I 8
118 of 401
Main Street Infill Lighting
Lighting Plan Rev C
Project Number: G9060
Label
T3-0 era-4K-30W
CalcT e
By: Cuong Vu
[email protected]
Date:7/14/2025
Arran ement
Sin le
nits Av
llluminance Fe 0.47
Max

2.1 FON~OCHI::

Ilg hf ng AMERICA
2224 SE Loop 820 Building C
Fort Worth TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
Total Lam Lumens LLF
5610 0.900
Min Av in Max/Min

0.1 4.70 21 .00
Q
8 119 of 401
Main Street Infill Lighting
Lighting Plan Rev C
Project Number: G9060
By: Cuong Vu
[email protected]
Date:7/14/2025
FON~OCHE:
lighfin AMERICA
2224 SE Loop 820 Building C
Fort Worth TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
120 of 401
Main Street Infill Lighting
Lighting Plan Rev C
Project Number: G9060
By: Cuong Vu
[email protected]
Date:7/14/2025
FONqOCHE llghtmg AMERICA
2224 SE Loop 820 Building C
Fort Worth TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
121 of 401
A few examples &~ FON~OCHE
\t__!/ lig.Mirig AMERICA
' Agen, FR '
Fonroche Lighting America Design Office
122 of 401
FON~OCH~
ligh i ng AMERICA
Solar lighting
Your commitment to sustainability
Contact us
Jacob Fox
Sales Representative
P: (339) 225-4530 x218
E: [email protected]

FIND OUT MORE AT
www.FonrocheSolarLighting.com
FONROCHE LIGHTING AMERICA I 2224 SE Loop 820 Building C Fort Worth TX 76140
Telephone : 339-225-4530
Fonroche Lighting America Design Office
123 of 401
FONt:lOCHE
llghting AMERICA Fonroche Lighting America
4900 David Strickland Rd.

Forest Hill, TX 76119
(817) 516-2056
Opportunity Owner Jacob Fox
Payment Terms
Shipping Terms
50% deposit, 50% Net 30 from Ship
Date-contingent on credit approval
Prices are FOB Origin
Quote Number
Quote Name
Quote Date
00084651
G8769-LivingstonCA-MontCliffWay-RevA
1/15/2025
Quote Expiration 4/15/2025
Date
Est. Lead Time
Ship To Name
Ship To
Within 6 Weeks
City of Livingston CA
United States
Shipping estimated; final cost determined on day of shipping and added to invoice.

Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.

Fonroche Model Price
Fonroche Product Description Quantity Amount
Number System
Smartlight Assembly with 936Wh-24V NiMH Battery , special extreme temperature (from -40F to +158F), 1 x 190W solar module with Top of Pole assembly and Intelligent [T54-CK16B-4K-T3] , management/control system. Provisioned for Single Fixture configuration. Single [P190F-3P]HW-MC Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 3 Fixture Color: BK - . Power Fixture Color: BK
POLE: 25Ft. Round
Tapered
Pole-Anchor
Base-1-4FT Arm
-Pole Color: BK
Assembly color is black. Mount: High wind and enhanced marine coating. 25Ft. Round Tapered Pole-Anchor Base-1-4FT Arm --Pole Color is BK : 8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Assumes No Shading I Assumes little or no snow
10 Degrees Tilt
100% =26 Watts worst case conditions.T-PM: 5 hrs. @100% I T-N (Balance of night) @50% IT-AM: 1 hrs. @100%
Total Line Items
Shipping and
Handling
Quote Total
This quotation is subject to the following terms and conditions USO
4,691 .00

3.00 14,073.00
USO
USO 14,073.00
USO 2,583.00
USO 16,656.00
Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.

Seller's Terms and Conditions of Sale may be viewed at hltps://www.fonrQChesolartighting com/abou1-us/tenns/.

Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighting America is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commission. ,_;,TH£
INTElUOCAl
f>IIR(IIASINO
svsm,1

AWARDED VENDOR
.;;7ff:r:.-,,
§:::;• Allied States -·~\~ Cooperative
~ ,. ••ESCh EJI
124 of 401
Date:

FONR_OCHE lighting AMERICA

APPLICATION DESIGN
Mont Cliff Way
Livingston, CA
Written by:
1/15/2025
Michael ZERMANI
Version: A
125 of 401
The global leader in solar lighting
Fonroche Lighting America is proud to be part of Fonroche Lighting, the global leader in off-grid solar street lighting. The deep resources and broader scope of an established market leader lets us take solar lighting even further, from the State Treasury in Salem, Oregon to the West African Republic of Senegal. Over 150,000 Fonroche Smart Light systems have been deployed worldwide.

Feasibility of your solar lighting project
~ A FONJ:lOCHE
\t_3I ligh ing AMERICA
To guarantee powerful, cost-effective off-grid lighting, Fonroche operates its own design offices.

We assess the feasibility of each project in four stages:

1. First, we define your lighting requirements.

2. Next, we analyze the last 10 years of local weather
data to determine how much energy our PV panels
will generate.

3. On this basis, we calculate what size and how
many products we need to install.

4. Finally, our sales team draws up a cost estimate.

Fonroche Lighting America - Design Office
126 of 401
Rightsized to your specific needs
1 Project
Simulation of product{s) over
a typical year
Our teams have developed a solar sizing
software application, which we use to
determine which products will best meet your
needs. We then simulate how these products
operate over a typical year, based on the
average conditions for the last decade.

Results
Based on our experience, we propose the
optimal solution in terms of lighting
performance and cost effectiveness.
&A, FONqOCH~ \!_31 I ghting AMERICA
1 Study
10-Year Analysis of local
weather data
We use the PVsyst software suite and Meteonorm
historical time series irradiation data to calculate the real-world operating conditions - orientation and
tilt angle of the panel, shadow, etc. - and external
parameters, such as direct and diffuse irradiation,
temperature and the solar calendar.

Sizing the project to your needs
We use a set of key criteria to optimally specify your
project:
• Average battery charge level over the year
• Minimum charge level
• Comparative analysis of energy generated by the
panel vs. energy used by the system
• Worst-case scenario (lowest irradiation, longest
night)
Fonroche Lighting America - Design Office
127 of 401
Our technical proposal FON~OCHE
lighting AMERICA

SMARTLIGHT SYSTEM CONFIGURATION
Project-Specific System Specifications

PHOTOVOLTAIC MODULE
PV panel power rating
PV panel tilt angle
190Wp
10°
POWER 365: SMART STORAGE

AND MANAGEMENT
Battery capacity
(Must be NiMH) 936Wh

LED LIGHT UNIT
Lighting power
LED light unit specification
Pole Height / Arm Length
Base Type
Protective treatment
30W nominal
4000K - 187 Lm/w
25' / 4'
Anchor Base
Powder Coated
Non pro-rated
Chosen lighting profile for your proJect
DAY
NIGHT
* er * *
Sh xh lh
■ Light intensity
DAY
Fonroche Lighting America - Design Office
128 of 401
itA FON~OCHE
\!_3' lig i g AMERICA
Calculation Summa
Label CalcT e Units Avg Max Min Avg/Min Max/Min
MontCliffWa llluminance Fe 0.41 1.3 0.1 4.10 13.00
Light levels between poles meet AASHTO Local Road / Residential Land Use recommendations of:
.!:0.4 fc average, S6.0 Average/Minimum Uniformity Ratio

Fonroche Lighting America Design Office
129 of 401
Livingston CA - Mont Cliff Way
Lighting Plan Rev A
Project Number: G8769
By: Michael Zermani
[email protected]
____ _._ _____
Date: 1/15/2025 _
Luminalre Schedule
FON~OCH~
Ilg In AMERICA
2224 SE Loop 820, Building C
Forest Hill, TX 76119
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
Arrangement I s mbol a> I ~tv. ___ 1--=~"=' : '-=~
1 '""K1=e=s-4~ 0=0=0K~-2=e=w- ------ Total Lam Lumens
SINGLE • 4862
1 ~~its ' Avg I Max i Min I Avg/Min i Max/Min

0.41 , 1.3 0.1 4.10 : 13.00
L
7 l
_J
130 of 401
r
Livingston CA - Mont Cliff Way
1 sy: Michael Zermani Lighting Plan Rev A
Project Number: G8769
! [email protected]
Date: 1/15/2025
' Luminalre Schedule
n 3ymbol , o
r__ 03 3
____ ...._ __ _
Label
T3-CK16B-4000K-26W
Arrangement
SINGLE
FON~OCHE:

II h in AMERICA
1 2224 SE Loop 820, Building C
Forest Hill, TX 76119 1 Phone Number: (339) 225 4530
I www.fonrochesolarlighting.com
Total Lam Lumens
4862
h Calculation Summary __________ ~ - ----- ~ •
• Label CalcT e Units [Avg Max I Min ~ Avg/Min i MaxlM}n l:fiont Cliff Way llluminance Fe 0.41 1 1.3 0.1 ~ 4.10 ____j_ 13.00 L
7 _J
131 of 401
I 7
Livingston CA - Mont Cliff Way FON~OCHE: I
light' g AMERICA
2224 SE Loop 820, Building C
L. ht' Pl R A J By: Michael Zermani Forest Hill, TX 76119 IQ mg an ev I [email protected] Phone Number: (339) 225 4530 Project Number: G8769 I Date: _1_/1_5/_2_02_5 _____ ___.__www_ ._fo_n_ro_ch_e_s_ol_arl---'ig=-h_ti__: ng=--.c_o_m ____ ___.

L _J
132 of 401
L
Livingston CA - Mont Cliff Way
Lighting Plan Rev A
Project Number: G8769
By: Michael Zermani
[email protected]
Date: 1/15/2025
FON~OCHE: I
Ii In AMERICA
2224 SE Loop 820, Building C
Forest Hill, TX 76119
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com -----L---
_]
7 _J
133 of 401
A few examples ~ A FON~OCHE: \t3' ligh In AMERICA
Fonroche Lighting America Design Office
134 of 401
l=ONr{OCHE Ilg i g AMERICA
Solar lighting
Your commitment to sustainability
Contact us
Jacob Fox
Sales Representative
P: (339) 225-4530 x218
E: [email protected]

FIND OUT MORE AT
www.FonrocheSolarLighting.com
FONROCHE LIGHTING AMERICA / 2224 SE Loop 820 Building C Fort Worth TX 76140
Telephone : 339-225-4530
Fonroche Lighting America Design Office
135 of 401
FON~OCHE:
lighting AMERICA Fonroche Lighting America
4900 David Strickland Rd.

Forest Hill, TX 76119
(817) 516-2056
Opportunity Owner Jacob Fox
Payment Terms
Shipping Terms
50% deposit, 50% Net 30 from Ship
Date-contingent on credit approval
Prices are FOB Origin
Quote Number
Quote Name
Quote Date
00084652
G8770-LivingstonCA-BarcelonaDrive-RevA
1/15/2025
Quote Expiration 4/15/2025
Date
Est. Lead Time
Ship To Name
Ship To
Within 6 Weeks
City of Livingston CA
United States
Shipping estimated; final cost determined on day of shipping and added to invoice.

Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.

Fonroche Model Price
Fonroche Product Description Quantity Amount
Number System
[T54-CK168-4K-T3]
[P190F-3P]HW-MC
Fixture Color: BK
POLE: 25Ft. Round
Tapered
Pole-Anchor
Base-1-4FT Arm
-Pole Color: BK
Smartlight Assembly with 936Wh-24V NiMH Battery, special extreme temperature (from -40F to +158F), 1 x 190W solar module with Top of Pole assembly and Intelligent • management/control system. Provisioned for Single Fixture configuration. Single Essential • (Formerly CK1 BB) Fixture 4K Color Temp.-Type 3 Fixture Color: BK - . Power Assembly • color is black. Mount: High wind and enhanced marine coating. • 25Ft. Round Tapered Pole-Anchor Base-1-4FT Arm --Pole Color is BK : 8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement • Assumes No Shading I Assumes little or no snow
. 10 Degrees Tilt
• 100% =26 Watts worst case conditions.T-PM: 5 hrs. @100% I T-N (Balance of night) @50% IT-AM: 1 hrs. @100%
Total Line Items
Shipping and
Handling
Quote Total
This quotation is subject to the following terms and conditions USO
4,691 .00

2.00 9,382.00
USO
USO 9,382.00
USO 2,198.00
USO 11,580.00
Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.

Seller's Terms and Conditions of Sale may be viewed at https·//www.ronrocheso!anightjng comtabout-uslterms/, Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighting America is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commission.

THE

INTERLOCAL

PURCHASING
SYSTEM

AWARDED VENDOR
1}1wsaard· -~"'f
$.{::: Allied States
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136 of 401
Date:

F'ON~OCHE
l'ghting AMERICA

APPLICATION DESIGN
Barcelona Drive
Livingston, CA
Written by:
1/15/2025
Michael ZERMANI
Version: A
137 of 401
The global leader in solar lighting
Fonroche Lighting America is proud to be part of Fonroche Lighting, the global leader in off-grid solar street lighting. The deep resources and broader scope of an established market leader lets us take solar lighting even further, from the State Treasury in Salem, Oregon to the West African Republic of Senegal. Over 150,000 Fonroche Smartlight systems have been deployed worldwide.

Feasibility of your solar lighting project
To guarantee powerful, cost-effective off-grid lighting, Fonroche operates its own design offices.

We assess the feasibility of each project in four stages:

1. First, we define your lighting requirements.

2. Next, we analyze the last 10 years of local weather
data to determine how much energy our PV panels
will generate.

3. On this basis, we calculate what size and how
many products we need to install.

4. Finally, our sales team draws up a cost estimate.

Fonroche Lighting America - Design Office
FON~OCHE
Ii hiing AMERICA
138 of 401
Rightsized to your specific needs
1 Project
ftr;,
..;..
~
Simulation of product(s) over
a typical year
Our teams have developed a solar sizing
software application, which we use to
determine which products will best meet your
needs. We then simulate how these products
operate over a typical year, based on the
average conditions for the last decade.

Results
Based on our experience, we propose the
optimal solution in terms of lighting
performance and cost effectiveness.
-
Jr~ FONl{OCHE \t3' llghling AMERICA
1 Study
10-Vear Analysis of local
weather data
We use the PVsyst software suite and Meteonorm
historical time series irradiation data to calculate the real-world operating conditions - orientation and
tilt angle of the panel, shadow, etc. - and external
parameters, such as direct and diffuse irradiation,
temperature and the solar calendar.

Sizing the project to your needs
We use a set of key criteria to optimally specify your
project:
• Average battery charge level over the year
• Minimum charge level
• Comparative analysis of energy generated by the
panel vs. energy used by the system
• Worst-case scenario (lowest irradiation, longest
night)
Fonroche Lighting America - Design Office
139 of 401
Our technical proposal FON~OCH~
llgh1ing AMERICA

SMARTLIGHT SYSTEM CONFIGURATION
Project-Specific System Specifications

PHOTOVOLTAIC MODULE
PV panel power rating
PV panel tilt angle
190Wp
10°
POWER 365: SMART STORAGE

AND MANAGEMENT
Battery capacity
(Must be NiMH) 936Wh

LED LIGHT UNIT
Lighting power
LED light unit specification
Pole Height / Arm Length •
Base Type
Protective treatment
30Wnominal
4000K - 187 Lm/w
25' / 4'
Anchor Base
Powder Coated
Iii : ~ ; 0 :
a. .
~;
Non pro-rated
Chosen lighting profile for your proiect
DAY
NIGHT
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•
DAY
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■ Light intensity
Fonroche Lighting America - Design Office
140 of 401
FON~OCHE:
lighting AMERICA
CalC\Jla~on Summary
Label CalcT lJnits Av Max Min Av Min Max/Min
Barcelona Drive INum,nance Fe 0.44 1.3 0.1 4.40 13.00
Light levels between poles meet AASHTO Local Road / Residential Land Use recommendations of:
.!:0.4 fc average, :S6.0 Average/Minimum Uniformity Ratio

Fonroche Lighting America Design Office
141 of 401
r ------------
Livingston CA - Barcelona Drive FON~OCHE: I
Lighting Plan Rev A
Project Number: G8770
I g ing AMERICA
2224 SE Loop 820, Building C
By: Michael Zermani I Forest Hill, TX 76119
[email protected] I Phone Number: (339) 225 4530 _ 1 ___ D_at_e_: 1_/_15_/_20_2_5 ______ . www.fonrochesolarlighting.com I Lum~ a~ =Sc=h=edc..;; u.;.;;, le~-~~~---------~~-----~~~-~-- S mbol Q Label Arrangement Total Lam umens a, . 2 T3-CK16B-40DOK-26W SINGLE 4862
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Label I CalcT e
, Barcelona Drive ==cmuminance
Avg I Max I Min • Avg/Min Max/Min
ID.44 j j j __ D.1 4.40 __:_i3.DO
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142 of 401
r
Livingston CA - Barcelona Drive
Lighting Plan Rev A
Project Number: G8770
Luminaire Schedule -
By: Michael Zermani
[email protected]
Date: 1/15/2025
FON~OCHE: l
lighting AMERICA
2224 SE Loop 820, Building C
Forest Hill, TX 76119
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
1 ....§_ymbol Q
mi 2
Label
T3-CK16B-400 K-26W
Arrangement
. SINGLE
Total Lamp umens
4862
Calculation Summary _________ _
Label
Barcelona Drive
Units
Fe
__..1---=Ac-cvg I Max , Min Av /Min Max/Min
___ ..;.·..;. o~.44-'--_ 1.3 : o-.,-- 4.40 13.oo
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r
L
Livingston CA - Barcelona Drive
Lighting Plan Rev A
Project Number: G8770
By: Michael Zermani
[email protected]
Date: 1/15/2025
1 FON~OCHE
Ii in AMERICA
2224 SE Loop 820, Building C
Forest Hill, TX 76119
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
7 _J
144 of 401
r
L
Livingston CA - Barcelona Drive
Lighting Plan Rev A
Project Number: G8770
By: Michael Zermani
[email protected]
Date: 1/15/2025
- FONqOCHE:
lign in AMERICA
2224 SE Loop 820, Building C I
Forest Hill, TX 76119
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
7 _J
145 of 401
A few examples ,~~ FON~OCH~
\!_3) lighti g AMERICA
Fonroche Lighting America Design Office
146 of 401
F'ON~OCHE
'ghtin • AMERICA
Solar lighting
Your commitment to sustainability
Contact us
Jacob Fox
Sales Representative
P: {339) 225-4530 x218
E: [email protected]

FIND OUT MORE AT
www. Fon rocheSola rlighti ng. com
FONROCHE LIGHTING AMERICA I 2224 SE Loop 820 Building C Fort Worth TX 76140
Telephone : 339-225-4530
Fonroche Lighting America Design Office
147 of 401
~A FON~OCHE:
\!,Y lighting AMERICA
June 15,2025
To whom it may concern;
Fonroche Lighting America
2224 S E Loop 820,
Building C
Fort Worth, TX
76140 339-225-4530
FonrocheSolarlighting.com
Please find this letter and attached supplemental technical file as sole source documentation for Fonroche Lighting America products, being completely unique. These products are purchased directly by municipality institutions from Fonroche Lighting America, at the address listed above. Fonroche Lighting America is the only manufacturer in the World manufacturing systems with the following attributes:

1. Unique Nickle Metal Hydride (NiMH) battery technology, sized for street and roadway applications. NiMH is important for use in autonomous solar lighting because it is the only battery technology capable withstanding hot and cold temperature climates of-40° - + 158°, with a replacement lifespan greater than 10 years.

2. Only solar lighting manufacturer capable of central control and management of solar street lighting infrastructure. Allows cities to monitor and control functionality of solar street lighting infrastructure. Fonroche has a connected infrastructure base of 110,000 solar streetlights, sending over 7 million messages per day. This central control system provides a customer facing street light monitoring portal, allowing for continuous real time monitoring of each individual light.

3. Only.full feature facility dedicated solely to solar street lighting, complete with education center, unique battery test center, monitoring center, production line, and photometric demonstrator.

4. Only manufacture capable of guaranteeing 365 nights per year of autonomy through 10 year localized solar analysis and data based system sizing

5. The system is uniquely suitable for both new pole locations and retrofitting existing poles and bases.

6. Only solar lighting manufacturer with over 200,000 lights deployed Worldwide.

7. Fonroche is the only manufacturer offering a standard full 8 year, non pro-rated parts and labor warranty.

Technical details supporting these topics, and more are enclosed in the attached technical file.

If you desire additional information, please do not hesitate to contact me at 316-554-4180 at any time. Thank you for your interest in our systems.

Respectfully,
SCJL.-IR IS Tf!E ,Vnr ST.-/,\{) /R I)
148 of 401

STAFF REPORT
AGENDA ITEM: Resolution (1) Approving the Three-Year Professional Service Agreement with Holt Of California to Perform Annual Level 2 PM Service, in the Amount Not to Exceed $106,588.06, And (2) Authorizing the City Manager to Execute All Required Documents
MEETING DATE: September 2, 2025
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) approving the three-year professional service agreement with Holt of California to perform Annual Level 2 PM service, in the amount not to exceed $106,588.06 and (2) authorizing the City Manager to execute all required documents. The service has been competitively solicited by Sourcewell, and negotiated prices for the service are reasonable and on par with previous services of a similar type undertaken by other public agencies.

BACKGROUND:

On August 20, 2024, the City Council of Livingston approved a staff report proposing a one-year maintenance agreement with Holt of California. This agreement included provisions for Holt of California to conduct an annual Level 2 Preventive Maintenance (PM) service for the City's emergency generators. This initiative was crucial in ensuring that the generators are maintained properly and capable of functioning efficiently during emergencies.

Given the positive outcomes of the initial agreement and the continuous need for reliable emergency power solutions, staff propose to extend and enhance this maintenance strategy. Staff recommends entering into a comprehensive three-year agreement with Holt of California. This agreement will serve the vital purpose of regularly performing Level 2 PM services on all City emergency generators. This proactive approach will not only bolster the City's emergency preparedness but will also help in mitigating potential risks associated with generator failures during critical situations.

Emergency generators serve a crucial role in ensuring continuity of essential services during power outages, emergencies, or other unforeseen events. Here are some common uses of emergency generators for a city:

1. Emergency Services: Emergency generators are vital for powering critical services such as our fire station and police station. These facilities require uninterrupted power to operate life-saving equipment, communication systems, and lighting.

2. Water Treatment, Wastewater Treatment and Sanitary Lift Stations: Emergency generators are used to power water treatment plants and pumping stations to ensure access to clean water for residents during outages. Maintaining water supply is essential for public health and sanitation. 149 of 401

3. Communication Systems: Citywide communication systems, including emergency broadcast systems, dispatch centers, and telecommunications infrastructure, often rely on emergency generators to stay operational during power disruptions. This ensures effective coordination and dissemination of information during emergencies.

4. Government Buildings: Critical government buildings, including city halls, administrative offices, and essential services centers, use emergency generators to maintain operations during outages. This ensures that key municipal functions continue uninterrupted.

Overall, emergency generators play a vital role in sustaining essential services, protecting public safety, and ensuring resilience in the face of emergencies or power disruptions. They are a crucial component of urban infrastructure for maintaining continuity and supporting the well-being of residents.

DISCUSSION:

City of Livingston Municipal Code Title 1, Chapter 11 allows the City to use the procurement services from SourceWell for purchasing. SourceWell is a joint powers authority (See California Government Code Section 6502) that offers national, competitively solicited purchasing contracts meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements.

THE MAINTENANCE AND SERVICE AGREEMENT WILL BE PURCHASED THROUGH SOURCEWELL’S CONTRACT #120617 WITH HOLT OF CALIFORNIA. THE QUOTE FOR THE SERVICE IS ATTACHED.

FISCAL IMPACT:
$33,810.52 will be expended from the approved Fiscal Year 2025-2026 budget from the Administrative, Police Department, Fire Department, Public Works, Water and Wastewater Enterprise Funds.

The total cost for the three-year term of the professional service agreement will be in the amount not to exceed $106,588.06.

Future year allocations will be budgeted within each fiscal year as part of the budget.

Year 2026
Department Account Amount
Admin. 1100-101-4431 $782.10
PD 1100-102-4431 $1,423.44
Fire 1231-103-4431 $782.10
PW 1100-105-4431 $1,675.68
Water 2100-810-4431 $17,614.04
Wastewater 2101-815-4431 $11,533.16
Total $33,810.52
Year 2027
Department Account Amount
Admin. 1100-101-4431 $821.20
150 of 401
PD 1100-102-4431 $1,494.61
Fire 1231-103-4431 $821.20
PW 1100-105-4431 $1,759.48
Water 2100-810-4431 $18,472.17
Wastewater 2101-815-4431 $12,109.80
Total $35,498.46
Year 2028
Department Account Amount
Admin. 1100-101-4431 $862.26
PD 1100-102-4431 $1,569.35
Fire 1231-103-4431 $862.26
PW 1100-105-4431 $1,847.45
Water 2100-810-4431 $19,422.44
Wastewater 2101-815-4431 $12,715.32
Total $37,279.08
ATTACHMENTS:

1. Resolution No. 2025-

2. Exhibit “A” Three Year Cost Proposal from Holt of California for $106,588.06

3. Exhibit "B” Holt of California detailed scope of services

4. Exhibit "C” Professional Service Agreement with Holt of California 151 of 401
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) APPROVING

THE THREE-YEAR PROFESSIONAL SERVICE AGREEMENT WITH HOLT OF CALIFORNIA TO PERFORM ANNUAL LEVEL 2 PM SERVICE, IN THE AMOUNT NOT TO EXCEED $106,588.06 AND (2) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED

DOCUMENTS
WHEREAS, on August 20, 2024, the City Council of Livingston approved a staff report proposing a one-year maintenance agreement with Holt of California; and WHEREAS, given the positive outcomes of the initial agreement and the continuous need for reliable emergency power solutions, staff propose to extend and enhance this maintenance strategy to a three-year agreement; and
WHEREAS, emergency generators in a city serve a crucial role in ensuring continuity of essential services during power outages, emergencies, or other unforeseen events; and WHEREAS, emergency generators are vital for powering critical services such as our fire station and police station and these facilities require uninterrupted power to operate life-saving equipment, communication systems, and lighting; and
WHEREAS, emergency generators are used to power water treatment plants and pumping stations to ensure access to clean water for residents during outages and maintaining water supply is essential for public health and sanitation; and WHEREAS, citywide communication systems, including emergency broadcast systems, dispatch centers, and telecommunications infrastructure, often rely on emergency generators to stay operational during power disruptions and this ensures effective coordination and dissemination of information during emergencies; and
WHEREAS, critical government buildings, including city halls, administrative offices, and essential services centers, use emergency generators to maintain operations during outages and this ensures that key municipal functions continue uninterrupted; and WHEREAS, overall, emergency generators in a city play a vital role in sustaining essential services, protecting public safety, and ensuring resilience in the face of emergencies or power disruptions; and
WHEREAS, they are a crucial component of urban infrastructure for maintaining continuity and supporting the well-being of residents; and
WHEREAS, City of Livingston Municipal Code Title 1, Chapter 11 allows the City to use the procurement services from SourceWell for purchasing. SourceWell is a joint powers authority (See California Government Code Section 6502) that offers national, competitively solicited purchasing contracts meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements; and
WHEREAS, the maintenance and service agreement will be purchased through SourceWell’s contract # 120617 with Holt of California; and
152 of 401
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:

1. Finds that the above recitals are true and correct findings of the Livingston City Council.

2. Approves the three-year professional service agreement with Holt of California to perform Annual Level 2 PM service, in the amount not to exceed $106,588.06 from the Administrative, Police Department, Fire Department, Public Works, Water and Wastewater Enterprise Funds. The service has been competitively solicited by Sourcewell, and negotiated prices for the service are reasonable and on par with previous services of a similar type undertaken by other public agencies.

3. Approves the first-year term of the professional service agreement to be expended from the approved fiscal year 2025/2026 budget from the Administrative, Police Department, Fire Department, Public Works, Water and Wastewater Enterprise Funds.

Future year allocations will be budgeted within each fiscal year as part of the budget.

Fiscal Year 2025/2026
Department Account Amount
Admin. 1100-101-4431 $782.10
Police 1100-102-4431 $1,423.44
Fire 1231-103-4431 $782.10
PW 1100-105-4431 $1,675.68
Water 2100-810-4431 $17,614.04
Wastewater 2101-815-4431 $11,533.16
Total $33,810.52
Fiscal Year 2026/2027
Fiscal Year
2027/2028
Department Account Amount
Admin. 1100-101-4431 $862.26
PD 1100-102-4431 $1,569.35
Fire 1231-103-4431 $862.26
PW 1100-105-4431 $1,847.45
Water 2100-810-4431 $19,422.44
Wastewater 2101-815-4431 $12,715.32
Total $37,279.08
Department Account Amount
Admin. 1100-101-4431 $821.20
PD 1100-102-4431 $1,494.61
Fire 1231-103-4431 $821.20
PW 1100-105-4431 $1,759.48
Water 2100-810-4431 $18,472.17
Wastewater 2101-815-4431 $12,109.80
Total $35,498.46
153 of 401

4. Authorizes the City Manager to execute all required documents.

5. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 2nd day of September 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney
154 of 401
HOLT
of California II
3850 Channel Drive West Sacramento, CA 95691-3443, or PO Box X - Sacramento, C 95813 February 27, 2025
City of Livingston
2238 Walnut Ave
Livingston
Holt of California is pleased to provide you with a 3-year Planned Maintenance service proposal for your emergency generator sets. Holt provides maintenance services in accordance with the National Fire Protection Association (NFPA), the National Electrical Code (NEC), the Office of Statewide Health Planning and Development (OSHPD), the Life Safety Code, and the Joint Commission.

In addition to your 1-Year Planned Maintenance Services, Holt of California also recommends having a two (2) hour Resistive Load Bank Test performed, in conjunction with your annual P.M. service, to maintain compliance with the NFPA 99 and NFPA 110 standards. This test will help prevent a condition known as "wet stacking", which is the presence of carbon or unburned fuel in the exhaust system and is required in applications not meeting sections 6-4.2 of the NFPA 110 code.

This PM Agreement includes a 5% Parts and Labor di count through Caterpillar's contract #092222-CA Tor #120617 with Source well Program.

Emergency Generator, Caterpillar, Tank Site
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Emergencv Generator, Blue Star. WWTP
Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Model#3208
Sub-total
Model #VD125
Sub-total
SIN: 3KJ00769
$ 365.00
$ 291.43
$ 656.43
$ 50.87
$ 1.755.60
$2,462.90
SIN: 124494-1-1
$ 715.00
$ 302.25
$ 1,017.25
$ 78.84
$ 1.426.43
$2,522.52
155 of 401
City of Livingston

Page 2 ends

Emergencv Generator, Cummins. WWTP Model #S00DFEK
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator. Generac. Well#15 Model #99A01271
Parts - oil, filters, and oil & coolant samples
Misc- mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Generac, Well#ll Model #1526540100 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator. MO, Police Dept Model #DCA-25SSIU
Parts - oil, filters, and oil & coolant samples
Misc - milea!le. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohler. Citv Hall Model #80REOZJF
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
SIN: G030528717
$ 785.00
$ 310.33
$ 1,095.33
$ 84.89
$ 1.755.60
$2,935.82
SIN: 2046642
$ 275.00
$ 284.09
$ 559.09
$ 43.33
$ 1.536.15
$2,138.57
S/N: 2062527
$ 275.00
$ 284.09
$ 559.09
$ 43.33
$ 1.536.15
$2,138.57
SIN: 7103102
$ 135.00
$ 269.56
$ 404.56
$ 31.35
$ 987.53
$ 1,423.44
SIN: SGM32JVJH
$ 260.00
$ 275.19
$ 535.19
$ 41.48
$ 987.53
$1,564.20
156 of 401
City of Livingston

Page 3 ends

Emergency Generator, Generac, Well#l 7 Model #SD250
Parts - oil, filters, and oil & coolant samples
Misc -mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, 99 Lift Model #DGDB-5701473 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummin, Well#13 Model #DODAA-7065476 Parts - oil, filters, and oil & coolant samples
Misc -mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergencv Generator, Cummins, Well#l4 Model #OGFA-4960367 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, LHac Lift Model #DSHAE-5764398 Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
SIN:3000298448
$ 540.00
$ 294.37
$ 834.37
$ 64.67
$ I 536.15
$2,435.19
SIN: A050732744
$ 185.00
$ 280.04
$ 465.04
$ 36.04
$ 1 536.15
$2,037.23
SIN: C080167150
$ 380.00
$ 291.62
$ 671.62
$ 52.05
$ 1.722.68
$2,446.35
SIN: F010247958
$ 345.00
$ 286.42
$ 631.42
$ 48.94
$ 1.536.15
$2,216.51
SIN: F060929625
$ 375.00
$ 288. 10
$ 663.10
$ 51.39
$ 1.503.23
$2,217.72
157 of 401
City of Livingston

Page 4 ends

Emergency Generator, Cummins, Well#16 Model #DSHAC-5776913 Parts - oil filters and oil & coolant samples
Misc - mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Onan, Well#8 Model #125kw
Parts - oil and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, CAT, Co Lane Lift Model #060
Parts - oil, fi1ters and oil & coolant samples
Misc - mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, KobJer, Corp Yard Model #80REOZJF
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Total for 2026 PM 2 services, including applicable taxes:

S/N: l060976578
$ 415.00
$ 290.39
$ 705.39
$ 54.67
$ I 536.15
$2,296.21
S/N: K780374968
$ 185.00
$ 271.81
$ 456.8 l
$ 35.40
$ 987.53
$1,479.74
SIN: NCD00266
$ 190.00
$ 276.98
$ 466.98
$ 36.19
$ 1.316.70
$1 ,8 19.87
IN: SGM32N JJ
$ 260.00
$ 276.83
$ 536.83
$ 41.60
$ 1 097.25
$1,675.68
$33,810.52
Prices mentioned do not include applicable taxes, repairs outside the cope of the Planned Maintenance ervices, or overtime premiums.
158 of 401
City of Livingston

Page 5 ends

Warranty Term:

Holt of California's warranty tenn is (12) months for workmanship and (12) months for Parts.

EXCLUSIONS AND/OR LIMITATIONS:

Indemnification:

Holt of California's responsibility in this agreement is limited to equipment inspection as outlined in the attached "Detailed Description of Service Levels" and as modified accordingly within this agreement.

Holt of California does not guarantee the detection or the replacement of worn components, the proper operation of the equipment in the event of a power failure, or any other circumstances outside the control of Holt of California. The Customer agrees to indemnify Holt of California and its officers, agents, or representatives from all claims and causes of action that may arise directly or indirectly out of the failure of the equipment, or any part thereof, service by Holt of California.

TERM AGREEMENT:

This service agreement is valid from August 1, 2025, through June 30, 2028. and may be canceled at any time with thirty (30) days' written notice by either party. Without a signed agreement, this offer is valid for sixty (60) davs, after which pricing and/or terms may be adjusted accordingly.

We appreciate the opportunitv to be of service to you. If you have any questions, please feel free to contact Bonnie Terry at (916) 416-2921 or by email: [email protected] By signing below, Holt of California agrees to provide the above-mentioned services at the pricing listed.

The City of Livingston agrees to the terms mentioned herein and hereby authorizes the commencement of services.

Bonnie Terry
Product Support Representative
Power Systems Division

HOLT OF CALIFORNIA
Cell: (916) 416-2921
Office/After-hours: (916) 373-4155
Date Representative Date
Ci-ty of Livingston
159 of 401
HOLT
of California II
3850 Channel Drive West acramento, C 95691-3443, or PO Box X - acramento. CA 95813 February 27, 2025
City of Livingston
2238 Walnut Ave
Livingston
Holt of California is pleased to provide you with a proposal for a 3-Year Planned Maintenance service for your ~mergency generator sets. Holt provides maintenance services in accordance with the National Fire Protection Association (NFPA), the National Electrical Code (NEC), the Office of Statewide Health Planning and Development (OSHPD), the Life Safety Code, and the Joint Commission. ln addition to your 1-Year Planned Maintenance Services, Holt of California also recommends having a two (2) hour Resistive Load Bank Test performed in conjunction with your annual P.M. service, to maintain compliance with the NFPA 99 and NFPA 110 standards. This test will help prevent a condition known as "wet stacking", which is the presence of carbon or unburned fuel in the exhaust system and is required in applications not meeting sections 6-4.2 of the NFPA 110 code. his PM Agreement includes a 5% Parts and Labor discount through Caterpillar's contract #092222-CAT or #120617 with Source well Program.

Emergency Generator, Caterpillar, Tank Site
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Emergency Generator, Blue Star, WWTP
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Model#3208
Sub-total
Model #VD125
Sub-total
S/N:3KJ00769
$ 383.25
$ 301.01
$ 684.26
$ 53.03
$ 1.843.38
$2,580.67
SIN: U4494-1-1
$ 750.75
$ 317.36
$1,068.11
$ 82.78
$ 1.497.75
$2,648.64
160 of 401
City of Livingston

Page 2 ends

Emergencv Generator, Cummins, WWTP Model #S00DFEK
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergencv Generator, Generac, Well#l5 Model #99A01271
Parts - oil, filters, and oil & coolant samples
Misc-mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Generac, Well#ll Model #1526540100 Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, MO, Police Dept Model #DCA-25SSIU
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergencv Generator, Kohler, City Hall Model #80REOZJF
Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
S/N: G030528717
$ 824.25
$ 325.85
$1,150.10
$ 89.13
$ 1 843.38
$3,082.61
SIN: 2046642
$ 288.75
$ 298.30
$ 587.05
$ 45.50
$ 1.612.96
$2,245.51
S/N:2062527
$ 288.75
$ 298.JO
$ 587.05
$ 45.50
$ 1.612.96
$ 2,245.51
SIN: 7103102
$ 141.75
$ 283.04
$ 424.79
$ 32.92
$ 1.036.90
$ 1,494.61
SIN: SGM32JVJH
$ 273.00
$ 288.95
$ 561.95
$ 43.55
$ 1.036.90
$1,642.40
161 of 401
City of Livingston

Page 3 ends

Emergencv Generator, Generac, Well#l 7 Model #SD250
Parts - oil, filters, and oil & coolant samples
Misc-mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, 99 Lift Model #DGDB-5701473 Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cum min, Well#l3 Model #DODAA-7065476 Parts - oil, filters, and oil & coolant samples
Misc- mileage, environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
'Emergency Generator, Cummins, Well#l4 Model #DGFA-4960367 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, Lilac Lift Model #DSHAE-5764398 Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
SIN: 3000298448
$ 567.00
$ 310.82
$ 877.82
$ 68.03
$ 1 612.96
$2,558.81
SIN: A050732744
$ 194.25
$ 294.04
$ 488.29
$ 37.84
$ 1.612.96
$2,139.09
SIN: C080167150
$ 399.00
$ 306.20
$ 705.20
$ 54.65
$ I 808.82
$2,568.67
SIN: F010247958
$ 362.25
$ 301.60
$ 663.85
$ 51.45
$ 1.612.96
$2,328.26
SIN: F060929625
$ 393.75
$ 302.50
$ 696.25
$ 53.96
$ 1.578.39
$2,328.60
162 of 401
City of Livingston

Page 4 ends

Emergency Generator, Cummins, Well#16 Model #DSHAC-5776913 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Onan, Well#8 Model #125kw
Parts -oil and oil & coolant samples
Misc - mileage. environ.mental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, CAT, Co Lane Lift Model #D60
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohler, Corp Yard Model #80REOZJF
Parts - oil filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Total for 2027 PM 2 services, including apJ>.licable taxes:

SIN: l060976578
$ 435.75
$ 304.91
$ 740.66
$ 57.40
$ 1.612.96
$2,411.02
SIN: K780374968
$ 194.25
$ 285.40
$ 479.65
$ 37.17
$ l.036.90
$1,553.72
SIN: CD00266
$ 199.50
$ 290.82
$ 490.32
$ 38.00
$ 1.382.54
$1,910.86
SIN: SGM32JVJJ
$ 273.00
$ 290.68
$ 563.68
$ 43.69
$ LI 52.11
$1,759.48
$35,498.46
Prices mentioned do not include applicable taxe , repair outside the scope of the Pl.anned Maintenance services, or overtime premiums.
163 of 401
Citv of Livingston

Page 5 ends

Warranty Term:

Holt of California's warranty tennis (12) months for workmanship and (12) months for Parts.

EXCLUSIONS AND/OR LIMITATIONS:

Indemnification:

Holt of California's responsibility in this agreement is limited to equipment inspection as outlined in the attached "Detailed Description of Service Levels", and as modified accordingly within this agreement.

Holt of California does not guarantee the detection or the replacement of worn components, the proper operation of the equipment in the event of a power failure, or any other circumstances outside the control of Holt of California. The Customer agrees to indemnify Holt of California and its officers, agents, or representatives from all claims and causes of action, that may arise directly or indirectly out of the failure of the equipment, or any part thereof, service by Holt of California.

TERM AGREEMENT:

This service agreement is valid from August 11 20251 through June 30, 20281 and may be canceled at any time with thirty- (30) days' written notice by either party. Without a signed agreement, this offer is valid for sixty- (60) days, after which pricing and/or tenns may be adjusted accordingly.

We appreciate the opportunity to be of service to vou. If you have any questions, please feel free to contact Bonnie Terry at (916) 416-2921 or by email: [email protected] By signing below, Holt of California agrees to provide the above-mentioned services at the pricing listed.

The City of Livingston agrees to the tenns mentioned herein and hereby authorizes commencement of services.

Bonnie Terry
Product Support Representative
Power Systems Division

HOLT OF CALIFORNIA
Cell: (916) 4 I 6-2921
Office/ After-hours: (916) 373-4155
Date Representative Date
City of Livingston
164 of 401
HOLT
of California II
3850 Channel Drive West Sacramento, CA 95691-3443, or PO Box X - acramento, CA 95813 February 27, 2025
City of Livingston
2238 Walnut Ave
Livingston
Holt of California is pleased to provide you with a proposal for a 3-Year Planned Maintenance service for your emergency generator sets. Holt provides maintenance services in accordance with the National Fire Protection Association (NFPA), the National Electrical Code (NEC), the Office of Statewide Health Planning and Development (OSHPD), the Life Safety Code, and the Joint Commission.

In addition to your 1-Year Planned Maintenance Services, Holt of California also recommends having a two (2) hour Resistive Load Bank Test performed in conjunction with your annual P.M. service, to maintain compliance with the NFPA 99 and NFPA 110 standards. This test will help prevent a condition known as "wet stacking", which is the presence of carbon or unburned fuel in the exhaust system and is required in applications not meeting sections 6-4.2 of the NFPA 110 code. 'fbis PM Agreement includes a 5% Parts and Labor discount through Caterpillar's contract #092222-CA T or #120617 with Source well Program.

Emergencv Generator, Caterpillar, Tank Site
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Emergencv Generator, Blue Star, WWTP
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Model#3208
Sub-total
Model#VDU5
Sub-total
SIN: 3KJ00769
$ 402.41
$ 321.31
$ 723.72
$ 56.09
$ 1.935.55
$2,715.36
SIN: 124494-1-1
$ 788.29
$ 333.23
$1,121.52
$ 86.92
$ 1.572.63
$2,781.07
165 of 401
City of Livingston

Page 2 ends

Emergency Generator, Cummins, WWTP Model #S00DFEK
Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergencv Generator, Generac, Well#lS Model #99A01271
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Generac, Well#l 1 Model #1526540100 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, MO, Police Dept Model #DCA-25SSIU
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergenc Generator, Kohler, City Hall Model #80REOZJF
Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental. and mis_c fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
SIN: G030528717
$ 865.46
$ 342.1 4
$1 ,207.60
$ 93.59
$ 1.935.55
$3,236.74
SIN:2046642
$ 303.19
$ 313.21
$ 616.40
$ 47.77
$ I 693.61
$2,357.78
SIN:2062527
$ 303.19
$ 3 13.2 1
$ 616.40
$ 47.77
$ I 693 .6 1
$2,357.78
SIN: 7103102
$ 148.84
$ 297.19
$ 446.03
$ 34.57
$ 1.088.75
$ 1,569.35
SIN: SGM32JVJH
$ 286.65
$ 303.39
$ 590.04
$ 45.73
$ 1.088.75
$1,724.52
166 of 401
City of Livingston

Page 3 ends

Emergency Generator, Generac, Well#l7 Model #SD250
Parts- oil filters and o'il & coolant samples
Misc - mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, 99 Lift Model #DGDB-5701473 Parts - oil, filters, and oil & coolant samples
Misc- mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummin, Well#13 Model #DODAA-7065476 Parts - oil, filters, and oil & coolant samples
Misc - mileae.e. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, Well#14 Model #DGFA-4960367 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, Lilac Lift Model #DSHAE-5764398 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
SIN:3000298448
$ 595.35
$ 326.36
$ 921.71
$ 71.43
$ I 693.61
$2,686.75
SIN: A0S0732744
$ 203.96
$ 308.75
$ 512.71
$ 39.74
$ 1 693.61
$2,246.06
SIN: C080167150
$ 418.95
$ 321.51
$ 740.46
$ 57.39
$ 1.899.26
$ 2,697.11
SIN: F010247958
$ 380.36
$ 316.68
$ 697.04
$ 54.02
$ 1.693.61
$2,444.67
SIN: F060929625
$ 413.44
$ 317.63
$ 731.07
$ 56.66
$ 1.657.31
$2,445.04
167 of 401
Citv of Livingston

Page 4 ends

Emergencv Generator, Cummins, Well#16 Model #DSHAC-5776913 Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Onan, Well#8 Model #125kw
Parts - oil and oil & coolant samples
Misc - mileage. environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, CAT, Co Lane Lift Model #D60
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohler, Corp Yard Model #80REOZJF
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Total for 2028 PM 2 services, including a plicable taxes:

SIN: I060976578
$ 457.54
$ 320. 16
$ 777.70
$ 60.27
$ 1.693.61
$ 2,531.58
S/N: K780374968
$ 203.96
$ 299.67
$ 503.63
$ 39.03
$ I 088.75
$ 1,631.41
SIN: NCD00266
$ 209.48
$ 305.37
$ 514.85
$ 39.90
$ 1.451.66
$2,006.41
SIN: SGM32JVJJ
$ 286.65
$ 305.21
$ 591.86
$ 45.87
$ 1.209.72
$1,847.45
$37,279.08
Prices mentioned do not include applicable taxes, repairs outside the scope of the Planned Maintenance services. or overtime premiums.
168 of 401
City of Livingston

Page 5 ends

Livingston City CouncilSeptember 2, 2025

Livingston City Council
September 2, 2025