Newman City Council
May 28, 2024

AGENDA

NEWMAN CITY COUNCIL
REGULAR MEETING MAY 28, 2024
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order.

2. Pledge Of Allegiance.

3. Invocation.

4. Roll Call.

5. Declaration Of Conflicts Of Interest.

6. Ceremonial Matters.

7. Items from the Public - Non-Agenda Items.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants. (View Warrant/Check Register)
c. Approval Of Minutes Of The May 14, 2024 Meeting. (View Minutes) d. Adopt Resolution No. 2024- , A Resolution Requesting That The Board Of Supervisors Of Stanislaus County Consolidate The November 5, 2024 City Of Newman Municipal Election With The Presidential General Election To Be Held On The Same Date. (View Report) e. Adopt Resolution No. 2024- , A Resolution Approving The City Of Newman’s Conflict Of Interest Code As Written And Without Amendments. (View Report) f. Approve Letter To West Stanislaus Fire Protection District And Authorize The City Manager To Negotiate New Memorandum Of Understanding. (View Report)

9. Public Hearings.

10. Regular Business
a. Adopt Resolution No. 2024- , A Resolution Adopting A List Of Projects For Fiscal Year 2024-2025 Funded By SB 1: The Road Repair And Accountability Act Of 2017. (View Report)
b. Adopt Resolution No. 2024- , A Resolution Authorizing The City Manager To Finalize And Execute A Three-Year Contract Renewal With The City Of Ceres To Provide Police Dispatch And Related Services. (View Report)

11. Items From District Five Stanislaus County Supervisor.

12. Items From The City Manager And Staff.

13. Items From City Council Members.

14. Adjournment.

Calendar of Events
May 27 – Memorial Day Holiday – City Offices Closed.

May 28 – City Council - 7:00 P.M.

June 7 – Downtown Market – Downtown Plaza – 4:30 P.M. To 8:30 P.M.

June 11 – City Council - 7:00 P.M.

June 14 – Downtown Market – Downtown Plaza – 4:30 P.M. To 8:30 P.M.

June 15 – Outdoor Movie Night – Teenage Mutant Ninja Turtles: Mutant Mayhem – Sherman Park - 8:00 P.M.

June 16 – Father’s Day.

June 20 – Planning Commission - 7:00 P.M.

June 21 – Downtown Market – Downtown Plaza – 4:30 P.M. To 8:30 P.M.

June 25 – City Council - 7:00 P.M.

June 28 – Downtown Market – Downtown Plaza – 4:30 P.M. To 8:30 P.M.

AP Check Register
May 8, 2024 through May 20, 2024
1 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description AAA Business Supplies & Interiors 60-50-6300 $ 12.69 124354 5/10/2024 Paper AAA Business Supplies & Interiors 10-22-6300 $ 46.12 124354 5/10/2024 Pens, Post Its AAA Business Supplies & Interiors 10-45-6300 $ 9.58 124354 5/10/2024 Pencil Boxes AAA Business Supplies & Interiors 10-14-6300 $ 12.69 124354 5/10/2024 Paper AAA Business Supplies & Interiors 10-45-6300 $ (9.43) 124354 5/10/2024 Return of Art Boxes AAA Business Supplies & Interiors 63-56-6300 $ 71.19 124354 5/10/2024 Paper AAA Business Supplies & Interiors 63-56-6300 $ 12.68 124354 5/10/2024 Paper AAA Business Supplies & Interiors 10-21-6300 $ 98.47 124354 5/10/2024 Tape, Paper AAA Business Supplies & Interiors 60-50-6300 $ 71.20 124354 5/10/2024 Paper AAA Business Supplies & Interiors 10-14-6300 $ 71.20 124354 5/10/2024 Paper AAA Business Supplies & Interiors 10-03-6300 $ 9.41 124354 5/10/2024 Flags AAA Business Supplies & Interiors 10-22-6300 $ 53.40 124354 5/10/2024 Paper $ 459.20 124354 Total
Access Door Works 10-07-6200 $ 1,099.25 124355 5/10/2024 Repair on Door/ PD Reissuance of Check #118654 $ 1,099.25 124355 Total
Adams Ashby Group, Inc 10-06-6200 $ 8,500.00 124356 5/10/2024 Long Term Monitoring $ 8,500.00 124356 Total
Amazon Capital Services 10-22-6300 $ 100.32 124357 5/10/2024 Brass Tags $ 100.32 124357 Total
American Medical Response 10-22-6300 $ 1,428.86 124358 5/10/2024 Lucas 2 Battery, Power Supply $ 1,428.86 124358 Total
Andersen Anamarie 10-22-6690 $ 1,714.00 124359 5/10/2024 Reimbursement for Academy Training/ Andersen $ 1,714.00 124359 Total
Animal Damage Management, Inc 69-47-6200 $ 810.00 124360 5/10/2024 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington Pa
$ 810.00 124360 Total
AutoZone MS #1 63-56-6530 $ 15.69 124361 5/10/2024 Fuel Treatment $ 15.69 124361 Total
AvidWater, LLC 60-50-6225 $ 27.09 124362 5/10/2024 Clamp AvidWater, LLC 60-50-6225 $ 2,785.36 124362 5/10/2024 Hose, Adapter, Clamps, Screen AvidWater, LLC 10-33-6270 $ 116.05 124362 5/10/2024 Cleaner, Respirators AvidWater, LLC 10-22-6300 $ 38.73 124362 5/10/2024 Gauges, Tee, Nipples AvidWater, LLC 10-44-6300 $ 55.16 124362 5/10/2024 Adapters, Elbows, Saw $ 3,022.39 124362 Total
Bertolotti Newman Disposal 10-33-6220 $ 1,614.59 124364 5/10/2024 26 Yard Trash Bin & Street Sweeping Debris/ April 2024 Bertolotti Newman Disposal 69-47-6220 $ 1,614.60 124364 5/10/2024 26 Yard Trash Bin & Street Sweeping Debris/ April 2024 Bertolotti Newman Disposal 69-47-6220 $ 1,145.37 124364 5/10/2024 26 Yard Trash Bin & Street Sweeping Debris/ April 2024 Bertolotti Newman Disposal 10-33-6220 $ 1,145.36 124364 5/10/2024 26 Yard Trash Bin & Street Sweeping Debris/ April 2024 $ 5,519.92 124364 Total

AP Check Register
May 8, 2024 through May 20, 2024
2 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description Bertolotti Newman Disposal, Inc 10-41-6200 $ 76,788.92 124363 5/10/2024 Monthly Contract Garbage Service/April 2024 Bertolotti Newman Disposal, Inc 10-00-5080 $ (14,333.93) 124363 5/10/2024 Monthly Contract Garbage Service/April 2024 Bertolotti Newman Disposal, Inc 10-00-5730 $ 19,453.19 124363 5/10/2024 Monthly Contract Garbage Service/April 2024 Bertolotti Newman Disposal, Inc 10-00-5733 $ (5,119.26) 124363 5/10/2024 Monthly Contract Garbage Service/April 2024 $ 76,788.92 124363 Total
Borrelli Travis 69-47-6200 $ 185.74 124421 5/10/2024 Portable Restroom Rental Service $ 185.74 124421 Total
BRADY INDUSTRIES 10-44-6660 $ 136.14 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 23.26 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 17.02 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 23.26 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 46.53 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 17.02 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 9.07 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 4.54 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 7.53 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 46.53 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 60.28 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 186.11 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 30.36 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 7.59 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 34.03 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6670 $ 30.15 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 23.27 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 4.53 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 7.59 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 7.53 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 4.54 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 9.07 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6670 $ 15.17 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 3.80 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 4.54 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 17.01 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 23.26 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 34.04 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 15.07 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 4.53 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 3.79 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 4.54 124366 5/10/2024 Miscellaneous Cleaning Supplies

AP Check Register
May 8, 2024 through May 20, 2024
3 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description BRADY INDUSTRIES 10-44-6670 $ 18.14 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 36.29 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 7.54 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 7.54 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6670 $ 18.14 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 17.02 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6670 $ 68.08 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 9.08 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 9.08 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 15.07 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 3.80 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 36.29 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 4.53 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6670 $ 93.05 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 3.79 124366 5/10/2024 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 4.53 124366 5/10/2024 Miscellaneous Cleaning Supplies $ 1,213.67 124366 Total
CALIFORNIA CONSULTING, INC 60-50-6200 $ 1,000.00 124367 5/10/2024 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 10-02-6200 $ 1,000.00 124367 5/10/2024 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 63-56-6200 $ 1,000.00 124367 5/10/2024 Grant writing/Lobbying $ 3,000.00 124367 Total
Cardmember Service 10-21-6695 $ 258.86 124368 5/10/2024 Hotel Stay/ Bayer Cardmember Service 10-45-6200 $ 200.00 124368 5/10/2024 Lifeguard Training/ Mendoza Cardmember Service 10-21-6300 $ 13.06 124368 5/10/2024 Keurig Cardmember Service 10-22-6300 $ 65.60 124368 5/10/2024 Postage Cardmember Service 10-21-7105 $ 461.68 124368 5/10/2024 Hardline Cardmember Service 10-22-6300 $ 354.00 124368 5/10/2024 Name Plates Cardmember Service 60-50-6420 $ 206.87 124368 5/10/2024 Telephone Service/Long Distance April 2024 Cardmember Service 60-50-6600 $ 130.00 124368 5/10/2024 Employment Ad Public Works Director Cardmember Service 10-45-6739 $ 286.42 124368 5/10/2024 Teen Center Snack Bar Supplies Cardmember Service 10-00-5830 $ (350.00) 124368 5/10/2024 Statement Credit Cardmember Service 60-50-6300 $ 404.90 124368 5/10/2024 Wheel Lock Cardmember Service 10-46-6300 $ 44.50 124368 5/10/2024 Sunscreen Cardmember Service 10-14-6420 $ 206.87 124368 5/10/2024 Telephone Service/Long Distance April 2024 Cardmember Service 10-22-6420 $ 407.57 124368 5/10/2024 Telephone Service/Long Distance April 2024 Cardmember Service 10-07-6300 $ (13.68) 124368 5/10/2024 Return of Phone Case Cardmember Service 63-56-6600 $ 130.00 124368 5/10/2024 Employment Ad Public Works Director Cardmember Service 60-50-6600 $ 157.50 124368 5/10/2024 Employment Ad Public Works Director Cardmember Service 10-21-6307 $ (1,571.26) 124368 5/10/2024 Return of Aluminum Sheet

AP Check Register
May 8, 2024 through May 20, 2024
4 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description Cardmember Service 10-21-6695 $ 313.52 124368 5/10/2024 Hotel Stay/ Bayer Cardmember Service 10-07-6300 $ 13.68 124368 5/10/2024 Phone Case Cardmember Service 10-45-6420 $ 206.87 124368 5/10/2024 Telephone Service/Long Distance April 2024 Cardmember Service 60-50-6300 $ 84.76 124368 5/10/2024 Cargo Straps Cardmember Service 63-56-6420 $ 206.87 124368 5/10/2024 Telephone Service/Long Distance April 2024 Cardmember Service 10-44-6300 $ 77.95 124368 5/10/2024 Earth Day Supplies Cardmember Service 10-21-6300 $ 23.72 124368 5/10/2024 Holster Cardmember Service 10-21-6210 $ 41.52 124368 5/10/2024 Cat Traps Cardmember Service 63-56-6530 $ 4.00 124368 5/10/2024 Car Wash Cardmember Service 10-46-6300 $ 28.26 124368 5/10/2024 Plug Ins, Sunscreen Cardmember Service 10-45-6730 $ 63.37 124368 5/10/2024 Pizza for Basketball Referees Cardmember Service 10-07-6300 $ 202.06 124368 5/10/2024 Plug Ins, Sunscreen Cardmember Service 10-45-6200 $ 200.00 124368 5/10/2024 Lifeguard Training/ Mendoza Cardmember Service 60-50-6300 $ (84.76) 124368 5/10/2024 Return of Cargo Straps Cardmember Service 10-45-6739 $ 18.90 124368 5/10/2024 Teen Center Snack Bar Supplies Cardmember Service 63-56-6600 $ 157.50 124368 5/10/2024 Employment Ad Public Works Director Cardmember Service 60-50-6530 $ 4.00 124368 5/10/2024 Car Wash Cardmember Service 63-56-6635 $ 235.00 124368 5/10/2024 Training Manuals Cardmember Service 60-50-6690 $ 220.00 124368 5/10/2024 CWEA Conference/ Millan, Dumaguing, Caetano Cardmember Service 10-45-6300 $ 51.42 124368 5/10/2024 Basketball Pennies $ 3,461.53 124368 Total
Casey Olivia 10-45-6730 $ 32.00 124369 5/10/2024 Youth Basketball Referee/ Casey
$ 32.00 124369 Total
CBA (ADMIN FEES) 10-00-2261 $ 299.00 124371 5/10/2024 Dental-Vision Admin Fees/ May 2024 $ 299.00 124371 Total
CBA (Pre-paid Deposits) 10-00-1110 $ 15,000.00 124370 5/10/2024 Pre-Paid Dental-Vision Deposit $ 15,000.00 124370 Total
Cen-Cal Auto & Truck Parts/ NAPA 10-22-6300 $ 9.16 124400 5/10/2024 Wax Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 27.68 124400 5/10/2024 Slick Mist, Protectant, Brush Cen-Cal Auto & Truck Parts/ NAPA 69-47-6300 $ 6.93 124400 5/10/2024 Headgear Cen-Cal Auto & Truck Parts/ NAPA 10-44-6225 $ 5.33 124400 5/10/2024 Clamps Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 3.93 124400 5/10/2024 Oil Cen-Cal Auto & Truck Parts/ NAPA 10-21-6300 $ 25.86 124400 5/10/2024 Armor All Cen-Cal Auto & Truck Parts/ NAPA 69-47-6300 $ 30.23 124400 5/10/2024 Windshield Wipers, Lube Spray Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 30.23 124400 5/10/2024 Windshield Wipers, Lube Spray Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 19.08 124400 5/10/2024 Filters, Markers, Seal Tape, Fuses Cen-Cal Auto & Truck Parts/ NAPA 69-47-6300 $ 32.18 124400 5/10/2024 Seat Cushion Cen-Cal Auto & Truck Parts/ NAPA 10-44-6300 $ 7.15 124400 5/10/2024 Headgear Cen-Cal Auto & Truck Parts/ NAPA 10-07-6300 $ 6.94 124400 5/10/2024 Headgear

AP Check Register
May 8, 2024 through May 20, 2024
5 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 30.09 124400 5/10/2024 Mirror Cen-Cal Auto & Truck Parts/ NAPA 69-47-6530 $ 3.93 124400 5/10/2024 Oil Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 22.73 124400 5/10/2024 Filter, Oil Cen-Cal Auto & Truck Parts/ NAPA 63-56-6300 $ 27.68 124400 5/10/2024 Slick Mist, Protectant, Brush Cen-Cal Auto & Truck Parts/ NAPA 69-47-6300 $ 19.08 124400 5/10/2024 Filters, Markers, Seal Tape, Fuses Cen-Cal Auto & Truck Parts/ NAPA 10-21-6530 $ 205.87 124400 5/10/2024 Battery Cen-Cal Auto & Truck Parts/ NAPA 69-47-6530 $ 22.73 124400 5/10/2024 Filter, Oil Cen-Cal Auto & Truck Parts/ NAPA 10-22-6300 $ 212.61 124400 5/10/2024 Switch Cen-Cal Auto & Truck Parts/ NAPA 63-56-6300 $ 35.53 124400 5/10/2024 Cable Ties, Shop Towels Cen-Cal Auto & Truck Parts/ NAPA 10-33-6300 $ 32.18 124400 5/10/2024 Seat Cushion Cen-Cal Auto & Truck Parts/ NAPA 10-44-6300 $ 22.24 124400 5/10/2024 Edge Blade $ 839.37 124400 Total
Center for Human Services 10-00-2841 $ 10.00 124372 5/10/2024 Pioneer Park Rental Deposit Refund/ Center for Human Services $ 10.00 124372 Total
City of Ceres 10-21-6615 $ 16,500.00 124373 5/10/2024 Dispatch Service 4-1-24 to 4-30-24 City of Ceres 10-21-6615 $ 16,500.00 124373 5/10/2024 Dispatch Service 5-1-24 to 5-31-24 $ 33,000.00 124373 Total
Davey Resource Group, Inc 17-44-7756 $ 330.00 124375 5/10/2024 Professional Services Rendered Through 4-27-24 $ 330.00 124375 Total
ECONOMIC TIRE SHOP 10-33-6530 $ 12.50 124376 5/10/2024 Oil Change/ PW ECONOMIC TIRE SHOP 69-47-6530 $ 12.50 124376 5/10/2024 Oil Change/ PW ECONOMIC TIRE SHOP 63-56-6530 $ 20.00 124376 5/10/2024 Tire Repair/ PW $ 45.00 124376 Total
ENVIRONMENTAL TECHNIQUES 60-50-6300 $ 4,500.00 124377 5/10/2024 Pro Oxidizer ENVIRONMENTAL TECHNIQUES 60-50-6200 $ 2,000.00 124377 5/10/2024 Sluge Judging Service $ 6,500.00 124377 Total
Esquivez Kayla 10-45-6730 $ 60.00 124378 5/10/2024 Reimbursement for Basketball Registration/ Esquivez $ 60.00 124378 Total
ESRI, Inc 63-56-6200 $ 1,008.33 124379 5/10/2024 GIS Professional User Annual Subscription ESRI, Inc 60-50-6200 $ 1,008.33 124379 5/10/2024 GIS Professional User Annual Subscription ESRI, Inc 10-06-6200 $ 1,008.34 124379 5/10/2024 GIS Professional User Annual Subscription $ 3,025.00 124379 Total
Flores Mayra 10-00-2840 $ 300.00 124380 5/10/2024 Memorial Building Rental Deposit Refund/ Flores $ 300.00 124380 Total
Freeman Marcus 10-21-6695 $ 60.00 124381 5/10/2024 POST Training Per Diem/ Freeman $ 60.00 124381 Total
Garcia Armando 10-44-6200 $ 470.00 124428 5/10/2024 General Tree Services Garcia Armando 10-33-6200 $ 480.00 124428 5/10/2024 General Tree Services Garcia Armando 10-44-6300 $ 625.68 124428 5/10/2024 Oak, Cinese Elm

AP Check Register
May 8, 2024 through May 20, 2024
6 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description Garcia Armando 10-44-6200 $ 802.50 124428 5/10/2024 General Tree Services Garcia Armando 10-33-6200 $ 802.50 124428 5/10/2024 General Tree Services $ 3,180.68 124428 Total
Garcia Bonifacio 69-47-6300 $ 10.13 124365 5/10/2024 Wrench Garcia Bonifacio 60-50-6300 $ 10.13 124365 5/10/2024 Wrench Garcia Bonifacio 10-07-6300 $ 40.25 124365 5/10/2024 Sockets Garcia Bonifacio 10-44-6300 $ 20.24 124365 5/10/2024 Wrench Garcia Bonifacio 63-56-6300 $ 4.52 124365 5/10/2024 Screwdriver Garcia Bonifacio 60-50-6530 $ 185.37 124365 5/10/2024 Battery $ 270.64 124365 Total
GARTON TRACTOR 60-50-6530 $ 1,162.79 124382 5/10/2024 Tractor Repairs GARTON TRACTOR 10-33-6300 $ 110.72 124382 5/10/2024 Chain $ 1,273.51 124382 Total
GEOANALYTICAL LAB, INC. 63-56-6200 $ 71.00 124383 5/10/2024 Nitrate as N, EDT Reporting GEOANALYTICAL LAB, INC. 63-56-6200 $ 148.00 124383 5/10/2024 Bacti GEOANALYTICAL LAB, INC. 63-56-6200 $ 38.00 124383 5/10/2024 Nitrate as N, EDT Reporting GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 124383 5/10/2024 BOD, TSS GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 124383 5/10/2024 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 148.00 124383 5/10/2024 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 124383 5/10/2024 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 185.00 124383 5/10/2024 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 427.00 124383 5/10/2024 BOD, TSS, Nitrate as N. TKN, Total Nitrogen GEOANALYTICAL LAB, INC. 63-56-6200 $ 148.00 124383 5/10/2024 Bacti $ 1,525.00 124383 Total
GEORGE W. LOWRY, INC 60-50-6500 $ 1,920.06 124384 5/10/2024 400 Gallons Unleaded Gas Delivered @ WWTP GEORGE W. LOWRY, INC 60-50-6500 $ 1,234.92 124384 5/10/2024 330 Gallons Dyed Diesel Delivered @WWTP $ 3,154.98 124384 Total
Gonzalez Jacqueline 10-00-2841 $ 80.00 124385 5/10/2024 Sherman Park Rental Deposit Refund/ Gonzalez $ 80.00 124385 Total
Guerrero's Tire and Auto Repair, LLC 60-50-6530 $ 299.00 124386 5/10/2024 1 New Tire on Ford F250/ PW Guerrero's Tire and Auto Repair, LLC 10-21-6530 $ 35.00 124386 5/10/2024 Valve Stem Guerrero's Tire and Auto Repair, LLC 10-44-6530 $ 209.00 124386 5/10/2024 2 New Tires on Chevy Silverado/ PW Guerrero's Tire and Auto Repair, LLC 60-50-6530 $ 104.50 124386 5/10/2024 2 New Tires on Chevy Silverado/ PW Guerrero's Tire and Auto Repair, LLC 69-47-6530 $ 104.50 124386 5/10/2024 2 New Tires on Chevy Silverado/ PW $ 752.00 124386 Total
Honda Kawasaki KTM of Modesto 10-21-7010 $ 19,566.43 124387 5/10/2024 2024 Zero FXP Honda Kawasaki KTM of Modesto 10-21-7010 $ 19,566.43 124387 5/10/2024 2024 Zero FXP $ 39,132.86 124387 Total
INFOSEND, INC 60-50-6200 $ 1,279.32 124388 5/10/2024 Utility Bill & Late Notice Mailing April 2024

AP Check Register
May 8, 2024 through May 20, 2024
7 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description INFOSEND, INC 63-56-6200 $ 1,279.32 124388 5/10/2024 Utility Bill & Late Notice Mailing April 2024 $ 2,558.64 124388 Total
JACKSON TRUDY 63-00-2010 $ 24.64 124423 5/10/2024 Refund Check 013363-000, 670 HAGERMAN PEAK DR $ 24.64 124423 Total
JG Nurseries LLC 10-33-6300 $ 522.12 124389 5/10/2024 Concrete JG Nurseries LLC 10-44-6300 $ 13.48 124389 5/10/2024 Tree Ties $ 535.60 124389 Total
JOE'S LANDSCAPING & CONCR 69-47-6200 $ 13,882.91 124390 5/10/2024 Maintenance Service For The Month of April $ 13,882.91 124390 Total
JRP Construction 10-00-5310 $ 87.00 124391 5/10/2024 Reimbursement for Overpayment on Permit #2024-112 $ 87.00 124391 Total
Krazan & Associates, Inc 17-36-7780 $ 6,425.00 124392 5/10/2024 NEWS Project $ 6,425.00 124392 Total
L.N. CURTIS & SONS 10-21-6300 $ 412.56 124374 5/10/2024 Bothell Carrier $ 412.56 124374 Total
Lerno Sr Larry 10-00-2840 $ 300.00 124393 5/10/2024 Memorial Building Rental Deposit Refund/ Lerno $ 300.00 124393 Total
Liebert Cassidy Whitmore 10-15-6200 $ 212.50 124394 5/10/2024 Professional Services Rendered Through 3-31-24 $ 212.50 124394 Total
Mattos Newspapers, Inc 10-01-6620 $ 80.91 124395 5/10/2024 Banners $ 80.91 124395 Total
McKesson Medical-Surgical 10-22-6300 $ 284.71 124396 5/10/2024 Adrenalin, Aspirin, Safety Needles, Gloves $ 284.71 124396 Total
Mello Justin 10-22-6690 $ 2,576.25 124397 5/10/2024 Reimbursement for Academy Training/ Mello $ 2,576.25 124397 Total
Millan Katrina 10-00-2841 $ 100.00 124398 5/10/2024 Sherman Park Rental Deposit Refund/ Millan $ 100.00 124398 Total
Montenegro Georgina 10-00-5521 $ 80.00 124399 5/10/2024 Sherman Park Rental Deposit Refund/ Montenegro Montenegro Georgina 10-00-2841 $ 80.00 124399 5/10/2024 Sherman Park Rental Deposit Refund/ Montenegro
$ 160.00 124399 Total
Navarette Dale 10-00-5717 $ 50.00 124401 5/10/2024 Reimbursement for Citation #3042/ Dale Navarette $ 50.00 124401 Total
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 20.49 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-45-6300 $ 11.62 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 9.70 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 97.08 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 35.57 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 12.93 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 64.71 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies

AP Check Register
May 8, 2024 through May 20, 2024
8 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 21.56 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 162.27 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 15.87 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 56.44 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 9.27 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 7.31 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 29.95 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6665 $ 68.96 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 15.09 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 14.01 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 37.06 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 148.58 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 109.99 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 20.49 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 7.54 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 9.70 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 17.22 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ (64.71) 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 12.94 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 27.80 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 38.16 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 2.15 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies
NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 12.94 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 21.56 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 69-47-6300 $ 20.49 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 5.64 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 7.54 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 29.73 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 36.20 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 17.24 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 79.48 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 43.13 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 33.43 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 9.70 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 28.03 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 37.73 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 25.88 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 52.84 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 24.80 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies

AP Check Register
May 8, 2024 through May 20, 2024
9 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 18.53 124402 5/10/2024 Batteries, Misc Tools, Light Bulbs, Cleaning Supplies $ 1,524.64 124402 Total
NORMAC, INC. 69-47-6300 $ 544.64 124403 5/10/2024 Simplot NORMAC, INC. 10-44-6300 $ 544.63 124403 5/10/2024 Simplot $ 1,089.27 124403 Total
Nutrien Ag Solutions Inc 60-50-6300 $ 558.09 124404 5/10/2024 15 Gallons Amine Nutrien Ag Solutions Inc 60-50-6300 $ 819.42 124404 5/10/2024 30 Gallons Round Up Nutrien Ag Solutions Inc 60-50-6230 $ 6,050.71 124404 5/10/2024 57.5 Gallons Makaze, 75 Gallons Stealth, 15 Gallons Ultra Pro $ 7,428.22 124404 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 1,088.00 124405 5/10/2024 Health Insurance Premium/ June 2024 /Caetano $ 1,088.00 124405 Total
OTTMAN FARMS, INC 60-50-6230 $ 2,736.00 124406 5/10/2024 Spraying of Alfalfa @ WWTP $ 2,736.00 124406 Total
P G & E 60-50-6410 $ 24,024.75 124409 5/10/2024 Gas & Electric Use P G & E 10-46-6410 $ 360.17 124409 5/10/2024 Gas & Electric Use P G & E 69-47-6410 $ 4,006.47 124409 5/10/2024 Gas & Electric Use P G & E 10-45-6410 $ 504.19 124409 5/10/2024 Gas & Electric Use P G & E 10-22-6410 $ 1,686.59 124409 5/10/2024 Gas & Electric Use P G & E 10-07-6410 $ 2,767.00 124409 5/10/2024 Gas & Electric Use P G & E 10-44-6410 $ 811.32 124409 5/10/2024 Gas & Electric Use P G & E 63-56-6410 $ 27,478.91 124409 5/10/2024 Gas & Electric Use P G & E 10-33-6410 $ 6,282.49 124409 5/10/2024 Gas & Electric Use $ 67,921.89 124409 Total
Parrott William 10-21-6695 $ 60.00 124407 5/10/2024 POST Training Per Diem/ Parrott $ 60.00 124407 Total
Pete's Auto Repair 69-47-6530 $ 98.83 124408 5/10/2024 Repair 2005 Chevy 2500 Pete's Auto Repair 60-50-6530 $ 75.00 124408 5/10/2024 Oil Change 2005 Chevy 2500 Pete's Auto Repair 10-33-6530 $ 98.82 124408 5/10/2024 Repair 2005 Chevy 2500 $ 272.65 124408 Total
Rangel Samuel 60-50-6200 $ 950.00 124410 5/10/2024 Barbwire Fence Repair at Hills Ferry Rd $ 950.00 124410 Total
ROCHA JOE 63-00-2010 $ 102.92 124424 5/10/2024 Refund Check 007608-000, 918 REAL AVENUE $ 102.92 124424 Total
SAFE-T-LITE 63-56-6300 $ 36.38 124411 5/10/2024 Safety Glass SAFE-T-LITE 10-33-6300 $ 320.19 124411 5/10/2024 Traffic Cones SAFE-T-LITE 10-33-6300 $ 982.40 124411 5/10/2024 Sockets, Posts SAFE-T-LITE 10-44-6300 $ 36.37 124411 5/10/2024 Safety Glass SAFE-T-LITE 10-33-6300 $ 200.29 124411 5/10/2024 Mount Base SAFE-T-LITE 10-33-6300 $ 553.20 124411 5/10/2024 Traffic Cones

AP Check Register
May 8, 2024 through May 20, 2024
10 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description SAFE-T-LITE 10-33-6300 $ 1,348.70 124411 5/10/2024 Traffic Cones SAFE-T-LITE 69-47-6300 $ 36.38 124411 5/10/2024 Safety Glass SAFE-T-LITE 60-50-6300 $ 36.38 124411 5/10/2024 Safety Glass SAFE-T-LITE 10-33-6300 $ (1,348.70) 124411 5/10/2024 Return of Traffic Cones $ 2,201.59 124411 Total
Solar Integrated Fund III 60-50-6410 $ 12,886.50 124412 5/10/2024 Solar Production Period 4-1-24 to 4-30-24 $ 12,886.50 124412 Total
Solis Diego 10-22-6690 $ 1,731.25 124413 5/10/2024 Reimbursement for Academy Training/ Solis $ 1,731.25 124413 Total
Springbrook Holding Company, LLC 10-14-6310 $ 800.00 124414 5/10/2024 Annual Maintenance 7-1-24 to 6-30-25 Springbrook Holding Company, LLC 60-50-6310 $ 592.33 124414 5/10/2024 Civic Pay Transaction Fee Springbrook Holding Company, LLC 63-56-6310 $ 592.33 124414 5/10/2024 Civic Pay Transaction Fee Springbrook Holding Company, LLC 63-56-6310 $ 800.00 124414 5/10/2024 Annual Maintenance 7-1-24 to 6-30-25 Springbrook Holding Company, LLC 10-14-6310 $ 592.34 124414 5/10/2024 Civic Pay Transaction Fee Springbrook Holding Company, LLC 60-50-6310 $ 800.00 124414 5/10/2024 Annual Maintenance 7-1-24 to 6-30-25 $ 4,177.00 124414 Total
STAN COUNTY SHERIFF'S REG 10-21-6695 $ 1,692.00 124418 5/10/2024 POST STOP Training/ Parrott, Freeman $ 1,692.00 124418 Total
STANISLAUS CNTY SHERIFF'S 10-22-6615 $ 9,583.00 124416 5/10/2024 911 Fire Dispatch Services May-July 2024 $ 9,583.00 124416 Total
Stanislaus County Public Works 60-50-6510 $ 7.06 124415 5/10/2024 CNG Fuel Pumped from Morgan Road/ March 2024 Stanislaus County Public Works 10-33-6510 $ 7.05 124415 5/10/2024 CNG Fuel Pumped from Morgan Road/ March 2024 $ 14.11 124415 Total
STANTEC CONSULTING SERVICE, Inc 17-50-7782 $ 4,940.50 124419 5/10/2024 Project# 184031755 Construction Management & Resident Service STANTEC CONSULTING SERVICE, Inc 61-55-7550 $ 2,535.00 124419 5/10/2024 Project# 184031755 Construction Management & Resident Service STANTEC CONSULTING SERVICE, Inc 17-50-7121 $ 3,810.00 124419 5/10/2024 Project# 184031401 WWTRF Influent Trunk Sewer Upgrade
$ 11,285.50 124419 Total
STAPLES ADVANTAGE 60-50-6300 $ 14.38 124417 5/10/2024 Keyboard, Wireless Mouse STAPLES ADVANTAGE 10-06-6300 $ 22.81 124417 5/10/2024 Mouse Pad, Wrist Wrest STAPLES ADVANTAGE 10-14-6300 $ 14.38 124417 5/10/2024 Keyboard, Wireless Mouse STAPLES ADVANTAGE 60-50-6300 $ 22.81 124417 5/10/2024 Mouse Pad, Wrist Wrest STAPLES ADVANTAGE 10-21-6300 $ 172.62 124417 5/10/2024 Journals, Paper, Post Its, Pens STAPLES ADVANTAGE 63-56-6300 $ 14.38 124417 5/10/2024 Keyboard, Wireless Mouse STAPLES ADVANTAGE 63-56-6300 $ 22.81 124417 5/10/2024 Mouse Pad, Wrist Wrest $ 284.19 124417 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 124420 5/10/2024 Cleaned & Buffed Floors@ City Hall $ 185.00 124420 Total
Tetoff Felicia 10-00-2841 $ 20.00 124422 5/10/2024 Pioneer Park Rental Deposit Refund/ Tetoff $ 20.00 124422 Total

AP Check Register
May 8, 2024 through May 20, 2024
11 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description Valley 29 Electric, LLC 63-56-6225 $ 210.00 124425 5/10/2024 Repair at Well #10 $ 210.00 124425 Total
Verizon Wireless 10-06-6420 $ 38.01 124426 5/10/2024 Mobile laptop access 3-19-24 to 4-18-24 Verizon Wireless 63-56-6420 $ 38.01 124426 5/10/2024 Mobile laptop access 3-19-24 to 4-18-24 Verizon Wireless 10-22-6615 $ 114.03 124426 5/10/2024 Mobile laptop access 3-19-24 to 4-18-24 Verizon Wireless 10-21-6420 $ 342.09 124426 5/10/2024 Mobile laptop access 3-19-24 to 4-18-24 $ 532.14 124426 Total
Weco Industries 60-50-6300 $ 99.75 124427 5/10/2024 Pump Discs $ 99.75 124427 Total
WEST SIDE PUBLIC SCALE 60-50-6230 $ 135.00 124430 5/10/2024 Weight Tags for Apr 2024/WWTP $ 135.00 124430 Total
Westside Water Conditioning 60-50-6300 $ 105.50 124429 5/10/2024 Bottle Water Delivery 4-9-24 & 4-23-24/ Corp Yard Westside Water Conditioning 60-50-6300 $ 17.90 124429 5/10/2024 Bottle Water Delivery 4-23-24/ WWTP Westside Water Conditioning 63-56-6300 $ 55.73 124429 5/10/2024 Bottle Water Delivery 4-9-24 & 4-23-24 City Hall Westside Water Conditioning 10-21-6200 $ 68.65 124429 5/10/2024 Bottle Water Delivery 4-9-24 & 4-23-24 /PD Westside Water Conditioning 60-50-6300 $ 55.73 124429 5/10/2024 Bottle Water Delivery 4-9-24 & 4-23-24 City Hall Westside Water Conditioning 10-22-6200 $ 68.65 124429 5/10/2024 Bottle Water Delivery 4-9-24 & 4-23-24/ FD Westside Water Conditioning 63-56-6300 $ 105.50 124429 5/10/2024 Bottle Water Delivery 4-9-24 & 4-23-24/ Corp Yard Westside Water Conditioning 10-14-6300 $ 55.74 124429 5/10/2024 Bottle Water Delivery 4-9-24 & 4-23-24 City Hall $ 533.40 124429 Total
YANCEY LUMBER COMPANY 10-22-6300 $ 22.50 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 7.28 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 3.39 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 19.49 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 6.79 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 3.40 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 14.16 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 16.12 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 7.76 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 14.56 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 39.17 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 9.70 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 31.25 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 4.89 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 11.64 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 5.33 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 9.70 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-21-6307 $ 41.74 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 14.56 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs

AP Check Register
May 8, 2024 through May 20, 2024
12 of 12
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 63-56-6300 $ 24.26 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 10.51 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 27.64 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 32.15 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 7.28 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 5.34 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 7.51 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-07-6300 $ 25.24 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 19.56 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 13.45 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 27.15 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 14.56 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 23.28 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 19.41 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 25.74 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 19.12 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-22-6300 $ 18.62 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 15.99 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 23.77 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 62.46 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 75.06 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-22-6300 $ 5.23 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 20.05 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6270 $ 58.25 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 32.89 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 8.27 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 0.88 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 6.79 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-22-6300 $ 2.62 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 25.74 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 6.79 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 108.64 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 2.89 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 39.29 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 34.38 124431 5/10/2024 Dog Food/Misc Tools/Locks/light Bulbs $ 1,134.24 124431 Total
$ 373,758.51 Grand Total

MINUTES

NEWMAN CITY COUNCIL
REGULAR MEETING MAY 14, 2024
CITY COUNCIL CHAMBERS, 7:00 P.M., 938 FRESNO STREET
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.) AND THE FEDERAL AMERICANS WITH DISABILITIES ACT

1. Call To Order - Mayor Graham 7:00 P.M.

2. Pledge Of Allegiance.

3. Invocation – Council Member McDonald.

4. Roll Call - PRESENT: McDonald, Mayor Pro Tem Ball, Tomlinson, And Mayor Graham.

ABSENT: Pimentel.

5. Declaration Of Conflicts Of Interest – None.

6. Ceremonial Matters – None.

7. Items from the Public - Non-Agenda Items.

Gavin Cline, Field Representative For Congressman Duarte, Reported That Congressman Duarte Voted In Favor Of House Resolution 7525, The Special District Grant Accessibility Act. Cline Noted That There Were Ninety-Six Special Districts Within The Thirteenth Congressional District. He Explained That The Bill Clarifies How An Agency Recognizes A Special District As A Unit Of Local Government To Receive Federal Financial Assistance.

8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The April 23, 2024 Meeting.

ACTION: On A Motion By Ball Seconded By Tomlinson, The Consent Calendar Was Approved By The Following Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES: None; ABSENT: Pimentel; NOT PARTICIPATING: None.

9. Public Hearings – None.

10. Regular Business
a. Report On Newman Fall Festival 2024.

Council Member McDonald Asked If There Would Be A Cost For Using The Gustine Police Department’s Reserve Officers.

Chief Ricardson Stated That The Fall Festival Committee Would Pay For The Added Cost Of The Gustine Police Department’s Services.

ACTION: On A Motion By Ball Seconded By McDonald, The Council Approved The 2024 Newman Fall Festival As Submitted In The Staff Report, By The Following Roll Call Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES: None; ABSENT: Pimentel; NOT PARTICIPATING:

None.
b. Adopt Resolution No. 2024-14, A Resolution Approving The Annual Report For The Lighting And Landscape Maintenance District For Fiscal Year 2024/2025.

ACTION: On A Motion By Tomlinson Seconded By McDonald, Resolution No. 2024-14, A Resolution Approving The Annual Report For The Lighting And Landscape Maintenance District For Fiscal Year 2024/2025 Was Adopted, By The Following Roll Call Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES: None; ABSENT: Pimentel; NOT PARTICIPATING: None. c. Adopt Resolution No. 2024-15, A Resolution Of The City Council Of The City Of Newman, California, Declaring Its Intention To Levy And Collect Assessments For The Lighting And Landscape Maintenance District For Fiscal Year 2024/2025.

Council Member Tomlinson Asked Where The Public Notice Would Be Published.

Finance Director Humphries Noted That The Said Public Notice Would Be Advertised In The Local Newspaper And Placed On The City’s Bulletin Boards.

ACTION: On A Motion By Tomlinson Seconded By McDonald, Resolution No. 2024-15, A Resolution Of The City Council Of The City Of Newman, California, Declaring Its Intention To Levy And Collect Assessments For The Lighting And Landscape Maintenance District For Fiscal Year 2024/2025 Was Adopted, By The Following Roll Call Vote: AYES: McDonald, Ball, Tomlinson, And Mayor Graham; NOES: None; ABSENT: Pimentel; NOT PARTICIPATING: None.

11. Items From District Five Stanislaus County Supervisor – None.

12. Items From The City Manager And Staff.

City Manager Holland Provided An Overview And Progress Update For The NEWS/ Newman Community Conservation Area (NCCA) Projects. Holland Explained That The NEWS Project Was Still Scheduled To Be Completed By The End Of The Summer And Was Expected To Be Operational In Winter. Holland Reported That The Nature Park Component Of The Larger NCCA Project Was Currently In The Design Phase And Noted That The City Had Already Secured A Two Million Dollar Grant For The Four Million Dollar Project.

Mayor Graham Inquired About The Additional Two Million Dollars Needed To Complete The Nature Park.

City Manager Holland Pointed Out That The City Was Applying For Additional Grants And Was Continuing To Search For Additional Funding Sources.

Council Member McDonald Asked About Lighting For The NCCA Project.

City Manager Holland Explained That The Lighting Would Be Considered For The Nature Park But Noted That The City Does Not Want To Encourage Night Use Of These Amenities.

Council Member McDonald Inquired About The Number Of Restrooms That Would Be Constructed For The NCCA Project.

City Manager Holland Indicated That It Had Been Determined That One Restroom Would Be Sufficient For Normal Use.

Council Member McDonald Inquired If The City Would Maintain The Entire Project Area.

City Manager Holland Stated That Yes, The City Would Maintain The Entire Project And New Residential Projects Would Be Added To A Community Facilities District (CFD) And Said Development Would Pay Fees To Help Offset Maintenance Costs.

Council Member McDonald Expressed Concern For Mosquitos Related To The Project.

City Manager Holland Emphasized That Mosquitos Were Considered When They Chose Plants For The Project And Pointed Out That The City Was Continuing To Work With Turlock Mosquito Abatement District To Avoid Creating A Health Hazzard.

Council Member McDonald Asked If The Water For The City Was Regularly Tested.

City Manager Holland Stated That The City Was Required To Test Its Water Supply Regularly And Noted The City Had Trained Staff Conducting Said Water Testing.

City Manager Holland Reported That The Housing Element Was Still In Process. Holland Noted That There Would Be A Planning Commission Meeting On Thursday, May 16th To Discuss A Potential Recycling Center In The Industrial Business Park And Phase 2 Of Mattos Ranch Comprised Of FortyTwo Residential Lots.

Recreation Director/Community Liaison Mendoza Reported That The Adult Basketball Open Gym Was Taking Place On Fridays And Sundays From 6:00 P.M. To 9:00 P.M. Mendoza Noted That The City’s Kajukenbo Program Ran Year Round. She Mentioned That The Recreation Department Was Currently Accepting Registrations For Fit Kids, Youth Soccer, And Girls Basketball. Mendoza Explained That The City Was Seeking Sponsorships For The Summer Movie Night Series.

Chief Richardson Reported That The Police Department Had Received Two Grant Funded Electric Motorcycles To Patrol The NEWS Project.

Chief Bowen Reminded Everyone To Use Extra Caution Around Fire And Water Related Activities As The Temperatures Continue To Rise.

13. Items From City Council Members.

Mayor Graham Mentioned That There Had Been A Recent Drowning In The River; He Urged Everyone To Exercise Extra Caution Near The River And Noted That The River Was Cold And Moving Much Faster Than It Appeared.

14. Adjournment.

ACTION: On A Motion By Ball Seconded By Tomlinson And Unanimously Carried, The Meeting Was Adjourned At 7:35 P.M.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.

City Council Meeting
of May 28, 2024

REQUEST THAT THE BOARD OF SUPERVISORS OF STANISLAUS COUNTY CONSOLIDATE THE NOVEMBER 5, 2024 CITY OF NEWMAN MUNICIPAL ELECTION WITH THE PRESIDENTIAL

GENERAL ELECTION TO BE HELD ON THE SAME DATE
RECOMMENDATION:

It is recommended that the Newman City Council adopt Resolution No. 2024- , a resolution requesting that the Board of Supervisors of Stanislaus County consolidate the NOVEMBER 5, 2024 City of Newman Municipal Election with the PRESIDENTIAL General Election to be held on the same date.

BACKGROUND:

Per Election Code § 10002, the Stanislaus County Board of Supervisors requires that the City of Newman send a request to the County asking them to conduct election services for the City. The City of Newman has routinely consolidated all its municipal elections with coinciding general elections in the past.

The following City of Newman Elective Offices will appear on the NOVEMBER 5, 2024 ballot:

Office Term Incumbent
Mayor 2-year term Casey Graham
Council Member 4-year term Laroy McDonald
Council Member 4-year term John Pimentel
Treasurer 4-year term Mary Moore
Following approval by the Board of Supervisors, the resolution requesting consolidation is forwarded to the County Election Department who will conduct the election for the City.

ANALYSIS:

General Municipal Elections are typically consolidated with Statewide General Elections whenever possible.

Consolidation provides the most cost effective method of conducting municipal elections and includes the expertise of the Stanislaus County Registrar of Voters. When consolidated, the City Clerk employs the County to handle all responsibilities for procuring polling places, precinct workers, the publication and mailing of the sample ballot and canvassing the returns of the election. All other functions of the election are the responsibility of the City Clerk as the Elections Official.

FISCAL IMPACT:

The City is billed its pro-rata share for City Election costs. The Fiscal Year 2024/2025 Budget will contain $35,000 for the Municipal Election in account 10-03-6240.

CONCLUSION:

Staff believes consolidation is the best and most cost-effective method of conducting municipal elections; therefore staff recommends that the City Council adopt Resolution No. 2024- , a resolution requesting that the Board of Supervisors of Stanislaus County consolidate the City of Newman Municipal Election to be held on NOVEMBER 5, 2024 with the PRESIDENTIAL General Election.

ATTACHMENTS:

1. Resolution No. 2024-
Respectfully submitted,
~~-e REVIEWED/CONCUR
Mike Maier
City Clerk
---~ Michael Holland,
City Manager
RESOLUTION NO. 2024-

A RESOLUTION REQUESTING THAT THE BOARD OF SUPERVISORS OF STANISLAUS COUNTY CONSOLIDATE THE NOVEMBER 5, 2024 CITY OF NEWMAN MUNICIPAL

ELECTION WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD ON THE

SAME DATE
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on NOVEMBER 5, 2024 , for the election of Municipal Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWMAN, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.

That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Newman, California, on Tuesday, NOVEMBER 5, 2024 , a General Municipal Election for the purpose of electing a Mayor for the full term of two (2) years, two (2) Members of the City Council for the full term of four (4) years and a Treasurer for the full term of four ( 4) years.

Section 2.

That the City Council of the City of Newman hereby requests that the Board of Supervisors of Stanislaus County, California, order the consolidation of the City of Newman Municipal Election to be held on NOVEMBER 5, 2024 with the PRESIDENTIAL GENERAL ELECTION to be held on the same date pursuant to the requirements of§ 10403 of the Elections Code.

Section 3.

That the ballots to be used at the election shall be in form and content as required by law.

Section 4.

That the City Clerk is authorized, instructed and directed to coordinate with the County of Stanislaus Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 5.

That the polls for the election shall be open at seven o'clock a.m. the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 1440 I of the Elections Code of the State of California.

Section 6.

That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 7.

That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 8.

The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 28th day of May, 2024 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call vote adopted.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.e.

City Council Meeting
of May 28, 2024

APPROVE THE CITY OF NEWMAN'S CONFLICT OF INTEREST CODE AS WRITTEN AND

WITHOUT AMENDMENTS
RECOMMENDATION:

Adopt Resolution No. 2024- , approving the City ofNewman's Conflict oflnterest Code as written and without amendments and authorize the City Manager to sign the 2024 Local Agency Biennial Notice indicating that no amendment is required.

BACKGROUND:

The State Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or alternatively if the code needs amending. Said Political Reform Act (Government Code Sections 81000-91014) requires most state and local governmental officials and certain employees to publicly disclose their personal assets and income. They also must disqualify themselves from participating in decisions which may affect their personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the State of Economic Interest, Form 700, and for interpreting the law's provisions.

Persons holding the position of Mayor, City Council Member, City Manager, City Attorney, City Treasurer and Planning Commissioner are required to file a Form 700 pursuant to Government Code §87200. In addition, local government agencies must adopt and carry forth a local Conflict of Interest Code (Code). The aforementioned positions should not be included in the local Code as they are already required by Government Code §87200 to report their economic interests. The local Code must designate any other positions that make or participate in the making of decisions which may foreseeably have a material effect on any financial interest. The State Political Reform Act also requires every local government agency to review its Code biennially to determine if it is accurate, or alternatively, needs amending. The last update to the City's Conflict oflnterest Code was made on September 25, 2018, when the City Council adopted Resolution No. 2018-57.

ANALYSIS:

Review of the Conflict of Interest Code consists of: (1) Evaluating the City's organizational structure to determine if any changes have occurred since the last review that would necessitate adding or deleting positions in order to accurately reflect all the positions that make or participate in the making of governmental financial decisions; and, (2) any changes that may need to be incorporated into the designated disclosure categories. Staff has reviewed the present conflict of interest code and has determined that no amendments are necessary at this time as no new positions have been added or deleted.

FISCAL IMPACT:

None.

CONCLUSION:

In order to comply with The State Political Reform Act, the City must review its Conflict of Interest Code biennially to determine if it is accurate or needs amending. Staff has concluded that the Code does not require updating to comply with State law and recommends the Council adopt Resolution No. 2024- , approving the City ofNewman's Conflict of Interest Code as written and without amendments and authorize the City Manager to sign the 2024 Local Agency Biennial Notice indicating that no amendment is required.

ATTACHMENTS:

1. Resolution No. 2024-

2. The City of Newman's Conflict oflnterest Code

3. Local Agency Biennial Notice.

Respectfully submitted,
~~- Mike Maier
City Clerk
Respectfully submitted,
MiChaelHclland
City Manager
RESOLUTION NO. 2024-

A RESOLUTION APPROVING THE CITY OF NEWMAN'S CONFLICT OF INTEREST

CODE AS WRITTEN AND WITHOUT AMENDMENTS
WHEREAS, the Newman City Council adopted a Conflict of Interest Code pursuant to the Political Reform Act of 197 4, Government Code Sections 81000, et seq; and WHEREAS, the State Political Reform Act requires that the City's Conflict of Interest Code be reviewed biennially to determine if it is accurate or alternatively if the code needs amending; and WHEREAS, the Newman City Council last amended the Conflict of Interest Code on September 25, 2018 by adopting Resolution 2018-57; and
WHEREAS, the City Council is desirous of complying with the State Political Reform Act; and WHEREAS, there has been duly submitted to the City Council of the City ofNewman, the Existing Conflict of Interest Code; and
WHEREAS, the City Council has reviewed said Conflict of Interest Code; and NOW, THEREFORE, Be It Resolved that the City Council of the City of Newman reviewed the City of Newman's Conflict oflnterest Code, a copy of which is attached hereto and by reference incorporated herein, be, and hereby is, approved and adopted as written and without amendments.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 28th day of May, 2024 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier, City Clerk
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
City of Newman

CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Newman (City).

Individuals holding designated positions shall file their statements of economic interests with the City, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008).

Upon receipt of the statements for the Mayor/Council Members, City Manager, City Attorney, Planning Commissioners and Treasurer, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City.

Designated Positions:

Finance Director
City Clerk

CITY OF NEWMAN

APPENDIX
Conflict of Interest Code
Exhibit "A"
Disclosures Category:
l , 2, 3
1, 2, 3
All Members Of The Architectural Review Committee
Public Works Director
l , 2, 3
l , 2, 3
W.W.T.P. Superintendent
Public Works Superintendent
Contracting Attorneys
Chief of Police
Police Lieutenant
Fire Chief
City Engineer
Chief Building Official
City Planner
Recreation Director
Community Liaison
Consultant
1, 2, 3
1, 2, 3
1, 2, 3
1, 2, 3
1, 2,
1, 2, 3
1, 2, 3
l , 2, 3
l , 2, 3
l , 2,
l , 2,

CITY OF NEWMAN

CONFLICT OF INTEREST CODE
APPENDIX "Al"
The following is a listing of the positions that are required to submit Statements of Economic Interests pursuant to Government Code Section 87200.

Public Officials Specified in Government Code Section 87200: The following positions are not covered by this conflict of interest code because the individuals holding these positions must file under Government Code Section 87200. These positions are listed for informational purposes only:

Mayor
City Council Members
City Manager
City Attorney
City Treasurer
Planning Commissioners
Candidates for any of the above offices at any election Consultants (those involved in the investment of pub 1 ic funds) An individual holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code Section 87200.

CITY OF NEWMAN

CONFLICT OF INTEREST CODE
APPENDIX "B"
Designated Employees are those positions within this City who may exercise independent judgment or make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest.

Consultant means any individual who, pursuant to a contract with a state or local government agency:
(A) makes a governmental decision whether to

1. approve a rate, rule or regulation;

2. adopt or enforce a law;

3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement;

4. authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;

5. grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract;

6. grant agency approval to a plan, design, report, study, or similar item;

7. adopt, or grant agency approval of policies, standards or guidelines for the agency, or for any subdivision thereof; or
(B) serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict oflnterest Code.

The City Manager or his designee may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager or his designee's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

EXHIBIT "C"

DISCLOSURE CATEGORIES
An investment, interest in real property, or income is reportable if the business entity in which the investment is held the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position.

Designated employees in Group "l" must report:
a) All interests in real property which are located in whole or in part within the City. b) Investment in or income from persons or businesses entities engaged in the business of acquisition or disposal of real property within the City.

Designated employees in Group "2" must report:
a) Investments in any business entity which, within the last two years, has contracted, or in the future foreseeably may contract with the city to provide services, supplies, materials, machinery or equipment to the city.
b) Income from any source which, within the last two years has contracted, or in the future foreseeably may contract with the City to provide services, supplies, materials, machinery or equipment to the city.
c) Status as a director, officer, sole owner, partner, trustee, employee or holder of a position of management in any business entity which, within the last two year, has contracted or in the future foreseeably may contract with the city to provide services, supplies, materials, machinery or equipment to the city.
d) Investments and income otherwise reportable under Paragraphs a) and b) of Category "2", shall not be reportable unless the total amount of all contracts by the business entity to provide services, supplies, materials, machinery, or equipment to the City was more than $1,000.00 in the prior calendar year, or unless the contracts by the business entity to provide services, supplies, materials, machinery or equipment to the city will be more than $1,000.00 in the next calendar year.

Designated Employees in Group "3" must report:
a) Investments in any business entity which within the last calendar year has been regulated by the city or foreseeably may be regulated by the city in the next calendar year. b) Each source of income, provided that the income was furnished by or on behalf of any business entity which within the last calendar year has been regulated by the city or foreseeably may be regulated by the city in the next calendar year. c) Status as a director, officer, sole owner, partner, trustee, employee or any position of management in any business entity which within the last calendar year has been regulated by the city, or foreseeably, may be regulated by the city, in the next calendar year. 2024 Local Agency Biennial Notice
Name of Agency: City of Newman
Mailing Address: P.O. Box 787, Newman, CA, 95360
contact Person: Mike Maier, City Clerk Phone No. (209) 862-3725 Email: [email protected] Alternate Email: [email protected] Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):

D An amendment is required. The following amendments are necessary:
(Check all that apply.)
0 Include new positions
0 Revise disclosure categories
O Revise the titles of existing positions
O Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
0 Other (describe)------------------------
D The code is currently under review by the code reviewing body. liZI No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.

Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.f.

City Council Meeting
of May 28, 2024

APPROVE LETTER TO WEST STANISLAUS FIRE PROTECTION DISTRICT RECOMMENDATION:

Approve letter to West Stanislaus Fire Protection District and authorize the City Manager to negotiate new Memorandum of Understanding, along with member(s) from the Council's Public Safety Committee.

BACKGROUND:

In November 2018, the City and West Stanislaus Fire Protection District (District) entered into a Memorandum of Understanding (MoU) regarding cost sharing for staffing and joint equipment purchases. The parties entered into this MoU in an effort to deliver more efficient and cost-effective fire protection and prevention services to both the City and District. The initial term of the agreement was three years. The MoU contain language that automatically renewed the agreement for an additional three years should neither of the parties provide notice of termination.

Since a notice was not filed by either party, the agreement automatically extended to October 31, 2024.

ANALYSIS:

With the existing MoU between the City and District terminating on October 31, 2024, it is appropriate for the two parties to discuss development of a new agreement. There remains value in participating in cost sharing for both personnel and equipment purchases. However, there are items that require clarification prior to extending the contract for additional terms. Staff recommends that either one or both members of the Council's Public Safety Committee participate in those discussions.

FISCAL IMPACT:

There is no fiscal impact associated with sending the letter. However, the City's reimbursement revenues would be reduced by approximately $300,000 should another agreement fail to materialize.

CONCLUSION:

The City entered into a Memorandum of Understanding with West Stanislaus Fire Protection District in an effort to deliver more efficient and cost-effective fire protection and prevention services within the City and the southern portion of District boundaries. As the agreement nears expiration, it is mutually beneficial to attempt to draft a new agreement based upon our experiences over the past six years. Therefore, staff recommends the Council approve the attached letter to West Stanislaus Fire Protection District and authorize City Manager to negotiate new agreement, along with member(s) from the Council's Public Safety Committee.

ATTACHMENTS:

1. Letter to West Stanislaus Fire Protection District

2. Copy of Existing Memorandum of Understanding with West Stanislaus Fire Protection District.

Respectfully Submitted,
-s:~./d20 Michael E. Holland
City Manager
May 20, 2024
West Stanislaus Fire Protection District
Attn: Chairman Jon Maring
344 W. Las Palmas Avenue
Patterson, CA 95363
RE: Expiration of Memorandum of Understanding
Dear Chairman Maring:

On November 1, 2018, the City of Newman and West Stanislaus Fire Protection District entered into a Memorandum of Understanding (MOU) for cost sharing for staffing and joint equipment purchases. The agreement had an original term of three (3) years, with an automatic renewal for an additional three years. This agreement is scheduled to expire on October 31, 2024.

Please accept this letter as the City's official notification of intent to negotiate terms for a new agreement pertaining to both cost sharing for staffing and joint equipment purchases. The City believes there is value in continuing this long-standing relationship, provided a new agreement can be reached.

Please feel free to contact me with some dates and times to sit down and discuss terms and specifics for a new agreement.

Sincerely,
Michael E. Holland
City Manager
Enclosure: 2018 Memorandum of Understanding
P.O. BOX 787 • 938 FRESNO STREET· NEWMAN, CA 95360 I PH (209) 862-3725 • FAX (209) 862-3199 I WWW.CITYOFNEWMAN.COM Memorandum of Understanding Between the City of Newman and West Stanislaus County Fire Protection District For Cost Sharing of Fire Department Staff and Joint Equipment Purchases THIS AGREEMENT is made and entered into this pt day of November, 2018, by and Between the CITY OF NEWMAN, a municipal corporation, hereinafter referred to as 11City, 11 and WEST STANISLAUS COUNTY FIRE PROTECTION DISTRICT, hereinafter called "District." City and District may be referred to in the Agreement individually as "City" and "District" and jointly as "Parties."
WITNESSETH:

WHEREAS, The City provides fire services within the City of Newman boundaries; and WHEREAS, The District provides fire services within the West Stanislaus County Fire Protection District Boundaries; and
WHEREAS, The City and District jointly utilize and train many of the same volunteers to serve within the boundaries of both the City and District; and
WHEREAS, In 1988, the City and District entered into a Joint Powers Agreement for the Construction and Equipping, Operations and Maintenance of a Fire Station located at 1162 N Street; and WHEREAS, In 2004, the City and District agreed to jointly purchase a Fire Rescue Truck to serve as a first responder vehicle throughout City and District boundaries; and
WHEREAS, The City and District have been meeting periodically over that past several years to discuss the feasibility of a combined equipment purchasing program and the practicality of cost sharing personnel, and WHEREAS, The City and District believe an opportunity now exists to expand the level of cooperation to include paid personnel that would serve within the command structure of both the City and District; and WHEREAS, The City and District elect to initiate a two-year pilot project to (1) expand and enhance the performance of shared command structure, (2) develop a single, unified training and operations program, and (3) deliver more efficient and cost effective fire protection and prevention services to the City and District, and WHEREAS, Subcommittees from the City and District legislative boards agree to meet semi-annually to assess the pilot program, discuss ways to improve its operation and to jointly hear from the City's City Manager and District's Fire Chief.

NOW, THEREFORE, Newman and West Stanislaus County Fire Protection District agree as follows:

Section 1. Term.

This agreement shall be effective commencing on November 1, 2018, and shall continue through October 30, 2021. This agreement shall automatically renew for an additional three (3) years unless either party provides notice as provided herein.
1) Termination without Cause. Either party may terminate this agreement without cause or file notice of nonrenewal by providing no less than six (6) months prior written notice of its intent of termination or non-renewal. 2) Termination for Cause. Either party may terminate this agreement for cause upon serving a written Notice to Cure Default, therein specifying the acts or omissions constituting the alleged default and demanding that the default be cured within thirty (30) days. If the default remains uncured or if there is no good faith attempt to cure the alleged default during said 30-day period, termination shall be effective at the end of the default cure period. Termination for case shall include any of the following:
a) Failure by either party to meet any of its obligations provided for in this agreement following receipt of a Notice to Cure Default; or
b) Any act of gross negligence committed by a respective City or District employee, official or agent in the course of delivering service pursuant to the terms of this agreement. 3) Temporary Suspension. In the event of an unforeseeable financial shortfall occurring to either party that prevents its full compliance with this agreement, such occurrence shall be deemed to be an unavoidable event.

Should such an event occur, the Managers and sub-committees of each board agree to promptly meet and confer during which time both parties shall be temporarily excused from having to pay shared costs as required by this agreement provided, however, that any required payment shall be deferred, not excused, for the affected period of time. If such period shall exceed beyond thirty (30) days, or such other period as agreed upon in writing, then either Party may terminate this Agreement immediately provided, however, any and all amounts due and payable by either Party at the time of termination shall either be paid, or shall become a debt on a written contract owed to the other.

Section 2. Implementation
To the extent feasible, the City and District desire to accomplish implementation of an enhanced command and administrative structure and equipment purchasing program. Both parties agree to work cooperatively to implement the Shared Personnel Program and Joint Equipment Purchase Program to mutually benefit each party. 1) Shared Personnel Program. The City and District agree to initiate this program with a single position that shall serve in the command and administrative structure. This position will serve as the Newman Fire Chief; while being classified and performing as a Division Chief within the District structure. The final job description and title will be developed by the City Manager and District Fire Chief. Final approval of the title, description and pay schedule shall be the Newman City Council. a) Cost Share: The position shall be an employee of the City of Newman, accordingly, the City's terms and conditions of employment will apply. Employment related costs for wages and benefits shall be shared between the City and District, with sixty {60%) percent of the total employment cost assigned to the City and forty {40%) percent of the total cost assigned to the District. City will be responsible for administering all wages and benefits provided, including the provision of any take-home vehicle, fuel and insurance. City shall bill and the District shall reimburse their respective cost on a quarterly basis. b) Reporting/Supervision. In the City, the employee will report to the City Manager or designee in the City Manager's absence. In the District, the employee will report to the Fire Chief. The City and District agree to meet annually to discuss the performance of the employee. c) Vehicle. Vehicle insurance, privileges, and fuel and maintenance requirements shall be provided and determined by City. Replacement of the existing vehicle will be included in the Joint Equipment Replacement Program identified in Section 2.2.
d) Travel, meetings and conferences attendance. Travel, meetings and conference attendance related exclusively to the employee's position shall be provided jointly between City and District pursuant to the cost distribution formula in this agreement. The City and District shall jointly approve which meetings and conferences employee should be attended.
e) Daily work location. The employee shall maintain a primary office at the Newman Station. However, it is recognized that the employee will be required to attend meetings, training and other events throughout the District and Stanislaus County.
f) Communications with Officials. The employee shall be responsible for attending regular staff meetings held by the City Manager and the District's Fire Chief. g) Attendance at City and District meetings. The employee shall attend all City Council meetings and District Board meetings as required by the District's Fire Chief. h) Performance evaluation. The employee's performance shall be evaluated annually and jointly by the City Manager and District's Fire Chief, subject to City's personnel rules and practices. i) Discipline. In the event the employee is subject to discipline for performance or other work-related deficiencies, integrity issues, violations of terms and conditions of employment, or any actions that call into question the employee's fitness to continue serving in the position or otherwise warrants disciplinary actions, City employment rules and regulations shall govern. The City agrees to involve the District Chief in all decision relating to the discipline of the employee but retains the final authority. j) Termination. In the event of termination, the Parties will work together to name an interim replacement and conduct a recruitment/selection process for the purpose of identifying and hiring a successor. Hiring shall be subject to City's recruitment practice and employment rules and regulations.

No successor will be hired prior to the City Manager and District Chief presenting their recommendation to a joint meeting of sub-committees representing each of the two governing boards. 2) Joint Equipment Purchase Program. The City and District desire to standardize the equipment being used by fire suppression and protection personnel throughout the City and District. To this end, the Parties agree to work together to develop one consistent and standardized purchase, maintenance, and replacement program for equipment, vehicles and other pieces of necessary apparatus. Said program shall be adopted by each of the governing boards prior to its implementation. Unless otherwise agreed upon, both Parties agree that the cost of purchases will be split 50/50.
3) Governance. The City and District shall retain all-policy making authority for their respective agencies; including approval of the annual budgets.
4) Mutual Indemnification. DISTRICT shall hold harmless, defend, and indemnify, CITY and its elective and appointive boards, officers, agents, employees, attorneys, and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of DISTRICT, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CITY shall hold harmless, defend, and indemnify, DISTRICT and its elective and appointive boards, officers, agents, employees, attorneys, and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of CITY, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of DISTRICT. It is the intention of DISTRICT and CITY that the provisions of this section be interpreted to impose responsibility on each party for the negligence and willful misconduct of their respective directors, officers, agents, employees, attorneys, and duly authorized volunteers. 5) Dispute Resolution.
a) Cure. In the event a Party fails to perform pursuant to the terms and conditions of this agreement, the Party to whom an obligation is owed will provide the nonperforming Party with at least 30 days prior written notice of said non-performance, upon which the non-performing Party will have the opportunity to comply with the request for performance, or in the event of continued nonperformance, the Parties shall have the right to then pursue any and all available legal remedies. b) Failure to give Notice. Failure to give, or delay in giving, Notice of Default shall not constitute a waiver of any obligation, requirement or covenant required to be performed hereunder. Except as otherwise expressly provided in this Agreement, any failure or delay by either Party in asserting any rights and remedies as to any breach shall not operate as a waiver of any breach or of any such rights or remedies. Delay by either Party in asserting any of its rights and remedies shall not deprive such Party of the right to institute and maintain any action or proceeding which it may deem appropriate to protect, assert or enforce any such rights or remedies. 6) Notice to be given. Any notice required or permitted to be given or served pursuant to this agreement shaii be effected by delivery of the same as follows:

To City:

City of Newman
Attn: City Manager
P.O. Box 787
Newman, CA 95360
To District:

West Stanislaus County FPD
Attn: Fire Chief
P.O. Box 565
Patterson, CA 95363
Service of the notice shall be effective immediately upon delivery during normal business hours. The foregoing addresses for notice may be modified by either Party giving written notice of such modification to the other Party and calling attention to this Agreement.
7) General Provisions.
a) No Waiver. No delay or omission in exercising any right or remedy of this Agreement shall impair such right or remedy or be construed as a waiver thereof. All rights and remedies pursuant to this Agreement shall be cumulative, except with respect to any right or remedy expressly stated to be exclusive. b) Compliance with All Laws. Both Parties shall comply with all applicable local ordinances, and state and federal statutes, laws, and regulations including but not limited to, laws governing conflicts at all times during the performance of this Agreement.
c) No Third Party Beneficiary. It is the intent of both Parties that nothing in this agreement shall create any third-party beneficiary rights.
d) Force Majeure. Neither Party shall be considered to be in default in the performance of any material obligation under this Agreement when a failure or performance shall be the result of a Force Majeure event. A Force Majeure event shall mean any cause beyond the reasonable control of the affected Party and which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which it has been unable to overcome. Neither Party shall be relived of its obligation to perform if such failure is due to causes arising out of its own negligence or due to matters under its control which it fails to remedy within a reasonable time frame. Either Party rendered unable to fulfill any of its obligations under Agreement by reason of a Force Majeure event shall give prompt written notice of such fact to the other Party. During such period, both Parties shall cooperate to ensure that critical services are maintained, while the affected party shall diligently work to restore its services required by this Agreement.
e) Severability. In the event that any clause or provision of this Agreement or any part thereof becomes or shall be declared by a court of competent jurisdiction invalid, illegal, void, or unenforceable, this Agreement shall continue in full force and effect without said provisions, provided that no such severability be effective if it materially changes the benefits or obligations or either Party hereunder. f} Integrated Agreement. This Agreement, which includes the recitals and all exhibits and attachments, constitutes the entire understanding of both Parties with respect to the subject matter herein. NO representation, expressed or implied, that is not set forth herein shall be binding or have any force or effect.
g) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same Agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other Party.
h) Venue. This contract is governed by the laws of the State of California. Any state law dispute shall be filed in Stanislaus County Superior Court and any matter in federal court shall be filed in California Eastern District of the United States District Courts.

IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the dates set forth above.

WEST SiANiSLAUS FIRE PROTECTION DISTRICT
Sit!lz C~airman Jeffllory~ Michael Holland, City Manager RESOLUTION NO. 2018-004

A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF NEWMAN AND WEST STANISLAUS COUNTY FIRE

PROTECTION DISTRICT (AGENCIES) FOR COST SHARING OF FIRE DEPARTMENT

STAFF AND JOINT EQUIPMENT PURCHASES AND AUTHORIZES THE FIRE CHIEF TO

EXECUTE SAID AGREEMENT
WHEREAS, the West Stanislaus County Fire Protection District has put a high priority on providing the best quality services to its citizens: and WHEREAS, currently Fire-Division Chief Keith Bowen has a position that was established under the previous MOU: and
WHEREAS, the term of the pervious MOU was automatically renewed: and WHEREAS, the two agencies have held meetings in the past to discuss an agreement that would cost share a joint Chiefs position as well as a joint equipment purchasing program: and WHEREAS, on September 8, 2015, at a joint meeting, the Agencies reviewed a draft agreement and subsequently their respective boards approved the agreement on October I, 2015 : and WHEREAS, the Agencies believe it would be beneficial to increase mutual collaboration: and WHEREAS, the Board of Directors is desirous of entering into a contract with the City of Newman: and
WHEREAS, the Board of Director of the West Stanislaus County Fire Protection District has determined it would be in the best interest of the District to enter into a MOU with the City of Newman.

NOW, THEREFORE, BE IT RESOLVED that the West Stanislaus County Fire Protection District Board of Directors hereby authorizes the Fire Chief to sign a Memorandum of Understanding with the City of Newman regarding the cost sharing of a joint Fire-Division Chief position; as well as a joint equipment purchasing program.

The foregoing resolution was introduced at a regular meeting of the Board of Directors of the West Stanislaus County Fire Protection District held on the gth day of October, 2018 by Director Maring, who moved its adoption, which motion was duly seconded by Director Haile and it was upon roll call carried and the resolution adopted by the following roll call vote:

A YES: Steve Pedrazzi, Bob Kimball, Jason Jasper, Jon Maring, and Diana Haile NOES: None
ABSENT: None
Chairman of the Board of Directors
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.a.

City Council Meeting
of May 28, 2024
ADOPTING A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FISCAL YEAR 2024-2025
RECOMMENDATION:

Adopt Resolution 2024- , adopting a list of projects to be funded by SB l: The Road Repair and Accountability Act for Fiscal Year 2024-2025
BACKGROUND:

In April 2017, Legislature was passed and signed into law by the Governor in an effort to address significant multimodal transportation funding shortfalls statewide. Senate Bill l (SB l) includes accountability and transparency provisions that will ensure the residents of the City of Newman are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. On an annual basis, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA).

If a street was not rehabilitated during the identified Fiscal Year it can be carried into the next Fiscal Year, which is what we propose for Fiscal Year 2024-25.

ANALYSIS:

Staff considered how to utilize the funds available based on the street and road maintenance and rehabilitation needs identified in the 2022 City of Newman Pavement Management Program Update Final Report. The Report identifies street and road pavement conditions and is designed to provide objective information and useful data so staff can make consistent, cost-effective, and defensible decisions related to the preservation of a pavement network. The Pavement Condition Index (PCI) identifies each street or road with a number between 0-100, with 100 being in very good condition. Staff reviewed the PCI and identified roads with mid-range or good PCI.

Funding preventative maintenance on roads with a PCI between 60 and 80 increases the useful life of those streets and roads. The projects will be designed to rehabilitate the roadway to a PCI between 80-100 and may include, paving, crack sealing, slurry seal, in addition to any striping necessary. Some minor dig-outs may be necessary as well. The projects identified will help improve/maintain the existing conditions of the road and the PCI for an additional five to ten years. The project list depends on the funding amounts received from SB 1 and other funding utilized for the projects. The 2024-25 project list the City of Newman has identified for funding with RMRA by SB 1 include:
• Fresno Street from State Route 33 to T Street
• Tulare Street from State Route 33 to T Street
• Mariposa Street from State Route 33 to T Street
• Stanislaus Street from Main Street to Inyo Avenue
• Crack Seal, Slurry and Stripe Sherman Parkway, Driscoll Avenue, Barrington Avenue, and various local roads (Exhibit SB 1 24/25)
FISCAL IMPACT:

The City of Newman is projected to receive and estimated $316,219 in funding during fiscal year 2024-2025. The City anticipates receiving $295,823 in SB-1 revenues during the current 2023-2024 fiscal year and any remaining funds will be carried over to 2024-2025. A projected total of$1 ,262,918 (2023-24 ending fund balance plus projected revenues for FY 2024-25) in SB-1 funding is available for fiscal year 2024-2025.

CONCLUSION:

SB I will fund street and road rehabilitation projects identified above. Annually, the City of Newman must adopt a list of projects including any projects carried over from the previous Fiscal Year. The City of Newman will receive a projected $316,219 in funding for Fiscal Year 2024-25 . The remaining projected fund balance from Fiscal Year 2023-24 will be carried over. A projected total of $1,262,918 SB 1 funding is available for Fiscal Year 2024-25.

ATTACHMENTS:

1. Resolution No. 2024- adopting a list of projects funded by SB-1

2. Projected Revenue Estimate California Finance

3. Project area exhibits
Respectfully submitted,
{,wits ~t-S Lewis Humphries
Director of Finance

REVIEWED/CONCUR
City Manager
Agenda Item: 10.a.

RESOLUTION NO. 2024-
ADOPTING A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FISCAL YEAR 2024-2025
WHEREAS, Senate bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Newman are aware of the projects proposed for funding in our community and which projects are in progress or have been completed each fiscal year; and WHEREAS, the City of Newman must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City ofNewman will receive an estimated $316,219 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, the City of Newman has undergone a public process to ensure public input into our community's transportation priorities; and
WHEREAS, the City of Newman used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City ofNewman's streets and roads are in an "at risk" condition and this revenue will help us increase the overall quality of our road system over the next decade; and WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, modernizing the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Newman, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The project list for fiscal year 2023-24 was not completed in full therefore the fund and projects will be moved into fiscal year 2024-25.

3. The City of Newman is adopting the following list of maintenance and rehabilitation projects planned to be funded solely or in-part in fiscal year 2024-25 with Road Maintenance and Rehabilitation Account Revenues:
o Project Title: 2018-19 SB-I
o Project Description: Maintenance and rehabilitation of streets o Project Location:
• Fresno Street from State Route 33 to T Street
• Tulare Street from State Route 3 3 to T Street
• Mariposa Street from State Route 33 to T Street
• Stanislaus Street from State Route 33 to Inyo A venue • Crack seal, slurry and stripe Sherman Parkway, Driscoll Avenue, Barrington A venue, and various local roads (Exhibit SB I 24/25)
o Estimated Project Schedule based on the project being funded with RMRA funds:
• Estimated Start Date: 03/01/2025
• Estimated End Date: 03/01/2026
o Estimated Project Useful Life: five to ten years.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 28th day of May, 2024 by Council Member , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide revenue projections Estimated .January 2024 2023-24 2024-25
Hwy users lax Road Mntnc TOTAL Hwy users 1 ax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SOLANO COUNTY
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"'"' ''''''''"" """''" '?..~.~.1 ~?..~ .................. , .... , .... , .. ,, .. ,,?. ~.~.1 .. ~ .. ?..4. .. ,,,,, ................. .... ~ ... 1.?..~.?.1 .. ?..?..? ..... . .. .. P.~I! ~ .. ~?..Q.~ ......................................... ..................................... .............................................. .............................................. ?..?.~ .. ~.? ~~""""' """""" "" """"'?.~ ?. .. ~ ... ~~' '""" "'"'"""""~"! .. ?.4. .. 1 .. 1 .. ?. ~ .... .. "'"""""""'""""""'""?..?..9.1 .. ~.?. ............. .......... .............. ?..?..?..1 .. ?. ~ ............ ............ .... 1 ... 1.?..~ ?.1.?.?. .. 1 ...... .. ~.!Y.~g·~·~·~ .. ~ ............ ............................................................................................................................................... .... ........... ?..?.?. .. ~.~.~ ~ ..................................... ?.~.~ .. ~.~.~ .............................. ~ .. 1 .. ??..§.1 .. ~.?.~ ..... . '""""""' "'""""""""'~'~'~'1..?.?.?. .................................... ?..~.~.1.~.?. .. 1 ................ ...... ....... ~ ... 1.~ .. ~ ... ~.1.?..?..~ .... .. ... I~ .. ~Q.~ ~ ............................ ........................................................ ........................................................ .............................. ..... ~ .. 1 .. ~.~.~ .. ~.~.?.~ ............................... ~ .. 1 .. ??..?. ..... ~.~ ~ ............................ ~.1 .. ?.?..4..1 .. ~9. .. ?. .... .. '' """ '" '"" """~ ... ~.?. 9.1 .. ?.:'.'.! ~ ................. ........... ~ ... ?.~.~ 4..1 .. ~?. ?. .. .......................... ~ .. 1.~ .. ~ ... ?..1.~ ?.~ ..... . .. ~AI Q .. 9. .. .............. ............... ........................................................... .. ................ .......... ...................... ......................... ?.4.~ .. ~?. ...................................... ?.1 .. ? .. ~~?. .............................. ... .... 4.?..?.1 .. ~4 .. 1 ..... .. '"' '"""'"" '"" '"' "' ?..~.1 .. ?. ............ ,,,, ..................... ?..~ ?.. 1 .. ?. .. .................................. 4. ?..1.~4. ? ..... , County of Stanislaus 14,679,293 13,620,321 28,299,614 14,918,011 14,559,398 29,477,409 Total Cities & County: Stanislaus 26,566,457 24,188,910 50,755,367 26,998,554 25,856,658 52,855,212 -
LEGEND
r.:J
PROPOSED SB1 SLURRY

SEAL AREA

AREA WITHIN THE CITY
LIMITS
/
/
/
/
/
/
/

SCALE IN FEET
,v ~~? 1
600
LEGEND
PROPOSED SB1

MAINTENANCE AREA

AREA WITHIN THE CITY
LIMITS
A SCALE IN FEET \lPI ~ 1~~1 0 600
Honorable Mayor and Members
of the Newman City Council
RECOMMENDATION:

POLICE DISPATCH AND RELATED SERVICES

CONTRACT RENEW AL WITH THE CITY OF CERES
Agenda Item: 10. b.

City Council Meeting
of May 28th, 2024
Adopt Resolution No. 2024- , Authorizing the City Manager to finalize and execute a three-year contract renewal with the City of Ceres to provide Police Dispatch and related services.

BACKGROUND:

In 2018 our contract with the City of Oakdale was expiring for police dispatch and related services.

Staff contacted several agencies including the City of Ceres attempting to locate similar services with an agency geographically closer. The City of Ceres quickly stood out as a viable option for dispatch services due to its proximity to the City of Newman along with utilizing the same CAD and report writing system. Emergency assistance (backup officers) was another mitigating factor to consider, given their closer proximity, Ceres Police Officers are a viable option for emergency backup should an Officer need assistance. In October of 2018 Council approved a five (5) year agreement with the City of Ceres which is set to expire June 30th 2024.

As we neared the end of this five (5) the City of Ceres requested to negotiate a cost increase for a contract renewal. Staff has been satisfied with the City of Ceres as a provider of police dispatch and related services. Staff met with Ceres Staff to negotiate terms, both parties agreed that a contract renewal with a three (3) year term was best. Cost increases were discussed and agreed upon along with staffing levels that are tied cost increases in years two (2) and three (3). The proposed increase year one (1) is 4%, years two (2) and three (3) will be 5% provided they maintain a seventy (70) percent staffing level based upon their allotted ten ( 10) dispatch positions.

If staffing levels fall below seventy (70) percent our increase will lower to four ( 4) percent that year. All other terms from the previous contract with the City of Ceres will remain the same.

ANALYSIS:
911 PSAP (Public Safety Answering Point) operations provide an essential lifeline to our residents during an emergency. Similarly, emergency dispatching provides a lifeline for first responders. In order to maintain these lifelines and to provide the most effective emergency response possible, it is critical the communications network be well designed, maintained, and properly managed.

Staff from both Ceres and Newman have worked together to craft a three (3) year contract renewal that meets the needs of both cities. Currently the industry is seeing a lack of qualified individuals looking to become dispatchers. The City of Ceres recognized that wage increases for dispatchers were needed to maintain staffing and recruit potential applicants. As costs increase to run a dispatch center it was anticipated our costs would also increase. Staff worked with City of Ceres to craft an agreement that was fair to both cities.

The proposed contract (Attachment B) is attached for your review and has been viewed by attorneys representing both cities and is close to being finalized and accepted. For an understanding of the services provided under this contract, one can view the proposed "List of Services" identified as Exhibit "A" in the contract.

FISCAL IMPACT:

Staff believes approval of the three-year agreement with Ceres with fixed cost increases is fair for both parties.

The proposed increase year one ( l) is 4%, years two (2) and three (3) will be 5%. The year one ( l) increase will be $7,920 taking it from our current rate of$198,000 to $205,920. Year two (2) increase will be a maximum of $10,296 bringing the total to $216,216. Year three (3) increase will be a maximum of $10,810 bringing the total to $227,026.80.

CONCLUSION
Staff is confident that the City of Ceres will maintain or improve the level of customer service received by our public and police officers. Staff recommends the Council approve the Police Dispatch and Related Services Contract Renewal with the City of Ceres.

ATTACHMENTS:

I. Resolution No. 2024-

2. Agreement for Police Dispatch and Related Services
Respectfully submitted,
~ Randy Richardson
Chief of Police

REVIEWED/CONCUR
City Manager
Agenda Item: 10. b.

RESOLUTION NO. 2024-

A RESOLUTION AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE

A THREE-YEAR CONTRACT RENEW AL WITH THE CITY OF CERES TO

PROVIDE POLICE DISPATCH AND RELATED SERVICES
WHEREAS, the City of Newman has put a high priority on providing the best quality services to its citizens while enhancing Officer Safety, and
WHEREAS, the City of Newman is desirous of maintaining public services and a sound fiscal state; and
WHEREAS, City Staff is confident that the City of Ceres will maintain the level of customer service received by our public and police officers while enhancing Officer Safety; and WHEREAS, the City Council is desirous of entering into a contract renewal with the City of Ceres, and
WHEREAS, the City Council of the City ofNewman has determined it would be in the best interest of the City to enter into an agreement with the City of Ceres for Police dispatch and related services.

NOW, THEREFORE, BE IT RESOLVED that the Newman City Council hereby authorizes the City Manager to finalize and execute an agreement with the City of Ceres for Police dispatch and related services.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 28th day of May, 2024 by , who moved its adoption, which motion was duly seconded and it was upon roll call carried and the resolution adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:

Casey Graham,
Mayor of the City ofNewman,
County of Stanislaus, State of California

AN AGREEMENT

FOR CITY OF CERES TO PROVIDE

POLICE DISPATCH AND RELATED SERVICES TO CITY OF NEWMAN
This Agreement for City of Ceres to Provide Police Dispatch and Related Services to City of Newman (hereinafter, the "Agreement") is made and entered by and between the CITY OF CERES, a municipal corporation ("Ceres") and the CITY OF NEWMAN, a municipal corporation ("Newman"). It is made with reference to the facts and circumstances set forth in the Recitals.

RECITALS
A. WHEREAS, Ceres owns and operates a 911 Police Emergency and Non-Emergency Dispatch System as part of the Ceres Police Department; and B. WHEREAS, Newman currently utilizes City of Ceres for Police Dispatch and Related Services; and
C. WHEREAS, The Police Chiefs of both Ceres and Newman have mutually determined that through some minor upgrades to the current System an enhanced level of service could be provided to both Ceres and Newman Police Departments and their respective communities; and
D. WHEREAS, Ceres and Newman have determined it is in the best interest of both parties for Ceres to provide Police Dispatch and Related Services to Newman, and E. WHEREAS, the purpose of this Agreement is to create a relationship that expands the level of service to each of the police departments, improves the safety of the officers and general public, and enhances the work environment for the dispatchers.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services. Ceres shall provide police dispatch and related services to Newman for and during the Original Term and any Extended Term of this Agreement. Such services shall consist of and be provided as follows:

A. Ceres shall provide those services described on attached Exhibit "A" (herein "Dispatch Services").

B. Ceres shall provide Dispatch services to Newman twenty-four (24) hours, seven (7) days a week, three hundred sixty five (365) days a year for the term of this agreement, and any extended term thereof.

2. Dispatch Procedure. It shall be the sole responsibility of Newman to perform such functions as necessary to cause incoming Newman Police Department 911 calls to be transferred Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027
to Ceres pursuant to this Agreement, including the installation of telephone and data lines deemed necessary by Ceres for the provision of dispatch services.

3. Term. The term of this Agreement shall commence on July 1, 2024 and shall expire on June 30, 2027. However, ifneither party informs the other party of its intent to allow for the automatic expiration of this Agreement prior to June 30, 2027, this Agreement shall be automatically extended for another twelve (12) month term. Thereafter, and subject to the termination provisions of Section 3A, if neither party informs the other party of its intent to terminate this Agreement prior to June 30 in any given year in which this Agreement remains in effect, this Agreement shall be automatically extended for another twelve (12) month term.

A. Termination.

1. This Agreement shall automatically terminate on the date either party ceases to be a member of the Central San Joaquin Valley Risk Management Authority. If either party receives notice, or obtains other knowledge, that the party will cease to be a member of the Central San Joaquin Valley Risk Management Authority, that party shall immediately so notify the other party, and shall provide to the other party the effective date that the party will no longer be a member of the Central San Joaquin Valley Risk Management Authority.

2. This Agreement may be terminated by either party, with or without cause, at any time during the Original Term or the first sixty (60) days of any Extended Term by vote of that party's legislative body to terminate and notice of such action to the other party. The effective date of said termination shall be one hundred eighty ( 180) days after the date of mailing the notice of termination, unless this Agreement is sooner terminated pursuant to subparagraph

3.A.1 herein or paragraph 10.A.2.

B. Pro rata Payment. In the event of termination under paragraph 3 .A. I, paragraph 3 .A.2 or paragraph 10 .A.2, Newman shall pay Ceres on a pro rata basis for services rendered up to the effective date of such termination; except that, in the event Newman has paid for services in advance pursuant to paragraph 4, Ceres shall pay to Newman a refund on a pro rata basis for services rendered up to the effective date of such termination.

4. Payment. In consideration for the services to be performed pursuant to this Agreement, Newman agrees to pay the sum of SEVENTEEN THOUSAND ONE HUNDRED AND SIXTY-ONE Dollars ($17, 161) per month ("Monthly Payment"), beginning July 1, 2024.

Additionally, beginning July 1, 2025, this monthly Payment rate shall be increased by 5% to EIGHTEEN THOUSAND AND NINETEEN Dollars ($18,019) per month. Beginning July 1, 2026, this monthly Payment rate shall be increased an additional 5% to EIGHTEEN THOUSAND NINE HUNDRED AND TWENTY dollars per month.

Newman agrees to the 5% Payment rate increases on July 1, 2025 and July 1, 2026 provided Ceres maintains staffing levels at 70% of the allotted ten (10) positions in their Dispatch Center. In the event the staffing levels fall below 70% for the duration of a particular year, the 5% increase will be decreased to 4% for the next year. 2 Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027
In addition to the Monthly Payment, Newman agrees to reimburse Ceres separately, any necessary monthly telephone line expenses which are required to facilitate the transmission of Newman Police Department 911 calls.

5. Equipment. The parties acknowledge that certain telephone, computer hardware, computer software, and other equipment ("Newman Equipment") has been previously installed to effectuate the purposes of this Agreement. With respect to such equipment, the parties agree as follows:

A. Newman bears the full cost and responsibility for the cost and installation of the necessary Newman Equipment to connect to the Ceres infrastructure. Ceres shall provide reasonable access to Newman to repair the Newman Equipment. The cost ofrepair of the Newman equipment shall be the sole responsibility of Newman.

B. Newman shall not damage or interfere with any Ceres property during the use or repair of the Newman equipment, and shall be liable to Ceres for any reasonable costs of curing any such damage or interference.

C. Ceres shall have the right at all times to inspect the Newman equipment, and installation and repairs thereof. Prior to accessing or performing an inspection on any Newman equipment, Ceres shall make a reasonable attempt at contacting the Newman Police Chief.

D. Ceres shall not be held liable for any breach of this Agreement caused in whole or in part by the operation of, the failure of, and/or the repair of the Newman Equipment.

E. Upon termination of this Agreement, Ceres shall provide reasonable access to its facilities to permit Newman to remove Newman equipment.

6. Service Interruptions. Ceres shall not be responsible for any computer, network or telephone malfunction or service interruption, not the fault of Ceres, which prevents or delays Ceres from providing dispatch services. Equipment malfunctions or service interruption within the Ceres computer system will be the responsibility of Ceres. Failures in T-1 connections or any other point-to-point link will be considered part of the Newman computer system and Newman shall be responsible for repair of these failures and any other malfunctions or interruptions within the Newman computer system. At the time of any malfunction or interruption, designated personnel from each agency shall meet and confer regarding adequate coverage for the period of time that the malfunction or interruption occurs.

7. Personnel. All persons employed in the performance of Ceres obligations under this Agreement shall be employees of Ceres. All persons employed in the performance of Newman's obligations under this Agreement shall be employees, or contractors, of Newman. No person employed by Ceres shall have any rights to pension, civil service, or other status or right from Newman by virtue of this Agreement. No person employed by Newman shall have any rights to pension, civil service, or other status or right from Ceres by virtue of this Agreement. 3 Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027

8. California Law Enforcement Telecommunications System ("CLETS") Training and Testing. Ceres shall be responsible for the training and testing of all sworn/non-sworn personnel employed by Ceres in adhering to all CLETS rules, regulations, policies, practices and procedures. Newman shall be responsible for the training and testing of all sworn/non-sworn personnel employed by Newman in adhering to all CLETS rules, regulations, policies, practices and procedures.

9. Performance and Related Matters.

A. Ceres shall retain exclusive authority over the activities of Ceres personnel performing services pursuant to this Agreement. Subject to the terms of this Agreement, the planning, organization, scheduling, direction, supervision, standards of performance and discipline of Ceres personnel and all other related matters incident to delivery of Dispatch Services shall be determined by Ceres.

B. Ceres shall give prompt consideration to all requests of Newman regarding the delivery of Dispatch Services pursuant to this Agreement.

C. Each party shall consult the other regarding any planned revisions or upgrades to the party's dispatch computer software or hardware. Each party shall notify the other party of the installation of all such upgrades or revisions.

10. Indemnification.

A. Indemnification by Newman.

1. Newman shall indemnify, defend and hold Ceres, and Ceres's agents, officers and employees, harmless from and against all claims, damages, losses, causes of action and expenses, including attorneys' fees, for any personal injury, bodily injury, loss of life or damage to property, violation of any federal, state or municipal law, collective bargaining agreement, ordinance or constitutional provision, or other causes which arise out of, relate to or result from the activities or omissions, negligent or otherwise, under this Agreement, of Newman, and Newman's officers, agents and employees.

2. Newman shall, upon execution of this Agreement, provide proof to Ceres that Newman has obtained from the Central San Joaquin Valley Risk Management Authority a Certificate of Additional Covered party issued to Ceres ("CSJVRMA Certificate") and proof to Ceres that Newman has obtained from the California Joint Powers Risk Management Authority a Certificate of Additional Covered Party issued to Ceres ("CJPRMA Certificate"). The CSJVRMA Certificate and the CJPRMA Certificate shall include coverage amounts equal to the coverage amounts in the applicable Risk Management Authority Coverage.

Newman shall keep the CSJVRMA Certificate and the CJPRMA Certificate in effect during the Original Term and any Extended Term of this Agreement. Newman shall obtain the CSJVRMA Certificate and the CJPRMA Certificate and keep the CSJVRMA Certificate and the CJPRMA Certificate in effect at Newman's sole cost and expense. If, for any reason, either the CSJVRMA Certificate or the CJPRMA Certificate is not in effect at any time during the Original Term and 4 Ceres-Newman Dispatch Contract
July 1, 2024- June 30, 2027
any Extended Term of this Agreement, and any extension thereof, Ceres shall have the right to terminate this Agreement immediately.

3. For all claims, damages, losses, causes of action and expenses, including attorneys' fees, covered by this paragraph 10, Newman shall pay any and all applicable Retained Limit (deductible) amounts under any Risk Management Authority Coverage, including any Retained Limit increases pursuant to Central San Joaquin Valley Risk Management Authority Resolution Number 18-91, a copy of which is attached as Exhibit "B".

B. Indemnification by Ceres.

1. Ceres shall indemnify, defend and hold Newman, and Newman's agents, officers and employees, harmless from and against all claims, damages, losses, causes of action and expenses, including attorneys' fees, for any personal injury, bodily injury, loss of life or damage to property, violation of any federal, state or municipal law, collective bargaining agreement, ordinance or constitutional provision, or other causes which arise out of, relate to or result from the activities or omissions, negligent or otherwise, under this Agreement, of Ceres, and Ceres' officers, agents and employees.

2. Ceres shall, upon execution of this Agreement, provide proof to Newman that Ceres has obtained from the Central San Joaquin Valley Risk Management Authority a Certificate of Additional Covered party issued to Ceres ("CSJVRMA Certificate") and proof to Newman that Ceres has obtained from the California Joint Powers Risk Management Authority a Certificate of Additional Covered Party issued to Newman ("CJPRMA Certificate"). The CSJVRMA Certificate and the CJPRMA Certificate shall include coverage amounts equal to the coverage amounts in the applicable Risk Management Authority Coverage.

Ceres shall keep the CSJVRMA Certificate and the CJPRMA Certificate in effect during the Original Term and any Extended Term of this Amended and Restated Agreement, and any extension thereof. Ceres shall obtain the CSJVRMA Certificate and the CJPRMA Certificate and keep the CSJVRMA Certificate and the CJPRMA Certificate in effect at Ceres's sole cost and expense. If, for any reason, either the CSJVRMA Certificate or the CJPRMA Certificate is not in effect at any time during the Original Term and any Extended Term of this Agreement, and any extension thereof, Newman shall have the right to terminate this Agreement immediately.

3. For all claims, damages, losses, causes of action and expenses, including attorneys' fees, covered by this paragraph 10, Ceres shall pay any and all applicable Retained Limit (deductible) amounts under any Risk Management Authority Coverage, including any Retained Limit increases pursuant to Central San Joaquin Valley Risk Management Authority Resolution Number 18-91, a copy of which is attached as Exhibit "B".

C. No Agency. At all times during this Agreement, Ceres shall be an independent contractor, and not an employee, partner, agent, or principal of Newman. At all times during this Agreement, Newman shall be an independent contractor, and not an employee, partner, agent, or principal of Ceres.
5 Ceres-Newman Dispatch Contract
July I, 2024 - June 30, 2027
D. Notification. Each party shall give the other prompt notification when it first learns of an incident or occurrence covered, or likely to be covered, under the terms of this paragraph 10, as well as prompt notification if a claim is made or suit is brought against a party based on an incident or occurrence covered, or likely to be covered, by the terms hereof.

E. Related Agreements. Except as provided in such other agreements, these indemnification provisions shall apply to and shall be deemed to be a part of all law enforcement agreements now existing or hereafter entered into, including amendments, renewals, or other extensions thereof, wherein Newman and Ceres have contracted under circumstances wherein the liability of Newman and Ceres is joint and several under section 895.2 of the California Government Code. Except as provided in such other agreements, the provisions of this indemnification paragraph shall supersede and control over any other provisions inconsistent therewith in any such contract, heretofore and hereafter entered into by and between the parties hereto.

F. Continuing Obligation. To the extent that Ceres has agreed to indemnify, defend and hold harmless Newman, its officers, agents and employees under this Agreement, said obligations shall continue to exist during this Agreement and subsequent to this Agreement for those acts or omissions giving rise to liability which occurred during this Agreement. To the extent that Newman has agreed to indemnify, defend and hold harmless Ceres, its officers, agents and employees under this Agreement, said obligations shall continue to exist during this Agreement and subsequent to this Agreement for those acts or omissions giving rise to liability which occurred during this Amended and Restated Agreement.

G. Insurance. Either party may purchase commercial insurance to cover their exposure hereunder, in whole or in part.

11. General Provisions.

A. Good Faith. Wherever in this Agreement a party has the right to approve an act of another party, the former shall exercise such discretion reasonably and in good faith.

Similarly, where a party is required to satisfy a condition or complete an act in a certain fashion or within a specified time period, that party shall pursue such objectives in good faith and make all reasonable efforts to accomplish the same; the other Party shall likewise in good faith cooperate and assist the other party in accomplishing this task to cause the consummation of the Agreement as intended herein.

B. Other Instruments. The parties hereto shall, whenever and as often as reasonably requested to do so by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all documents and instruments as may be necessary, expedient or proper in the reasonable opinion of the requesting party to carry out the intent and purposes of this Agreement, provided that the requesting party shall bear the cost and expense of such further instruments or documents (except that each party shall bear its own attorneys' fees).
6 Ceres-Newman Dispatch Contract
July 1, 2024-June 30, 2027
C. Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. Each party acknowledges that they have had the opportunity to have their legal counsel review this Agreement.

D. Captions, Headings and Exhibits. The captions, headings and index of this Agreement are for convenience only and have no force and effect in the interpretation or construction of this Agreement. All exhibits attached hereto are by this reference incorporated herein as though fully set forth in this Agreement.

E. Severability. If any term, provision, covenant or condition of this Agreement shall be or become illegal, null or void or against public policy, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. The term, provision, covenant or condition that is so invalidated, voided or held to be unenforceable shall be modified or changed by the parties to the extent-possible to carry out the intentions and directives set forth in this Agreement.

F. Assignment. Neither party shall have the right to assign its rights or delegate any of its obligations or duties hereunder without the express written consent of the other party, which consent shall not be unreasonably withheld.

G. Successors and Assigns. Except as restricted herein, this Agreement shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors and assigns.

H. Waiver. The waiver of any breach of any provision hereunder by any party to this Agreement shall not be deemed to be a waiver or any preceding or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

I. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue for all purposes shall be proper only in the County of Stanislaus, State of .California.

J. Notices. All notices, approvals, acceptances, demands and other communications required or permitted hereunder, to be effective shall be in writing and shall be delivered either in person or by mailing the same by United States mail (postage prepaid, registered or certified, return receipt requested) to the party to whom the notice is directed at the address of such party as follows:
7 Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027
To Ceres:

With copy to:

With copy to:

To Newman:

With copy to:

With copy to:

Chief of Police
City of Ceres
2727 Third Avenue
Ceres, California 95307
City Manager
City of Ceres
2220 Magnolia Street
Ceres, California 95307
City Attorney
City of Ceres
2220 Magnolia Street
Ceres, California 95307
Chief of Police
City of Newman
P.O. Box 787
1200 Main Street
Newman, California 95360
City Manager
City of Newman
P.O. Box 787
938 Fresno Street
Newman, California 95360
City Attorney
City ofNewman
P.O. Box 787
938 Fresno Street
Newman, California 95360
Any written communication given by mail shall be deemed delivered two (2) business days after such mailing date. Either party may change its address by giving the other party written notice of its new address as herein provided.

K. Attorneys' Fees. If any action at law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees incurred in bringing such action and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of the action and shall be paid whether or not such action is prosecuted to judgment. The attorneys' fees to be awarded the prevailing party may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees award shall not be computed in accordance with any court schedule but shall be made as to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses actually incurred in good 8 Ceres-Newman Dispatch Contract
July I, 2024 - June 30, 2027
faith, regardless of the size of the judgment, it being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good faith.

L. Authorization. All officers and individuals executing this and other documents on behalf of the respective parties do hereby certify and warrant that they have the capacity and have been duly authorized to so execute the documents on behalf of the entity so indicated. Each signatory shall also indemnify the other parties to this Agreement and hold them harmless, from any and all damages, costs, attorneys' fees, and other expenses, if the signatory is not so authorized.

M. No Third Party Rights. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligations or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right or subrogation or action over or against any party to this Agreement N. Remedies. Each party hereto acknowledges that a remedy at law for any breach or attempted breach of this Agreement may be inadequate, agrees that in addition to any remedy provided at law, each party hereto shall be entitled to specific performance and injunctive and other equitable relief in case of any such breach or attempted breach, and further agrees to waive any requirement for the securing or posting of any bond in connection with the obtaining of any such injunctive or other equitable relief. 0 . Entire Agreement and Amendment. In conjunction with the matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 9 Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027
IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Ceres, California on the date first above written.

ATTEST:

Fall on Martin
City Clerk
ATTEST:

Mike Maier
City Clerk
"Ceres"

CITY OF CERES,
a municipal corporation
By: _________ Date: __ _
Javier Lopez, Mayor
APPROVED AS TO FORM:

Nubia Goldstein
City Attorney
"Newman"

CITY OF NEWMAN,
a municipal corporation
By: ________ Date: ___ _
Casey Graham, Mayor
APPROVED AS TO FORM:
10 Nubia Goldstein
City Attorney
Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027
EXHIBIT "A"

LIST OF SERVICES

FOR THE CITY OF NEWMAN

1. Enter all CLETS entries for staff, including but not limited to: Missing persons, stored vehicles, stolen vehicles, firearms entries, etc.

2. Hold warrants for all Newman cases.

3. Receive calls and dispatch for animal control related issues.

4. Receive complaints, and requests for assistance and information from citizens, by telephone; Including 911 calls.

5. Maintain 2-way radio communications with units on routine or emergency situations and general activities.

6. Maintain computerized records of incidents.

7. Maintain computerized, recorded audio files of all communications for a period of 12 months and make available to authorized City staff, upon request. 11 Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027
EXHIBIT "B"
Central San Joaquin Valley Risk Management Authority Resolution Number 18-91 12 Ceres-Newman Dispatch Contract
July 1, 2024 - June 30, 2027
EXHIBIT "C"
Central San Joaquin Valley Risk Management Agency Memorandum of Coverage 13 Ceres-Newman Dispatch Contract
July 1, 2024-June 30, 2027