AGENDA
NEWMAN CITY COUNCIL
REGULAR MEETING AUGUST 26, 2025
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 July 22, 2025 Meeting. (View Minutes) d. Adopt Resolution No. 2025- , A Resolution Approving Amendment To Joint Powers Agreement Of The Central San Joaquin Valley Risk Management Authority. (View Report) e. Authorize The City Manager To Execute An Agreement With Symbium To Provide CloudBased Software Services To Meet The Requirements Of Senate Bill (SB) 379. (View Report) f. Adopt Resolution No. 2025- , A Resolution Adopting The Measure L Master Funding Agreement For Fiscal Years 2025–2030. (View Report)
9. Public Hearings.
a. Adopt Resolution No. 2025- , A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4. (View Report)
10. Regular Business
a. Report On 2025 Trunk Or Treat Halloween Event At The Downtown Plaza. (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
August 21 – Planning Commission – Cancelled.
August 26 – City Council - 7:00 P.M.
August 29 – September 1 – Fall Festival.
September 1 – Labor Day Holiday – City Offices Closed.
September 6 – Youth Soccer Season Begins At Sherman Park.
September 9 – City Council - 7:00 P.M.
September 18 – Planning Commission - 7:00 P.M.
September 23 – City Council - 7:00 P.M.
AP Check Register
July 15, 2025 through August 18, 2025
1 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description AAA Workspace 10-14-6300 $ 11.25 126692 8/6/2025 Calendars, Binders AAA Workspace 63-56-6300 $ 11.24 126692 8/6/2025 Calendars, Binders AAA Workspace 60-50-6300 $ 11.24 126692 8/6/2025 Calendars, Binders AAA Workspace 10-22-6300 $ 53.40 126692 8/6/2025 Paper
AAA Workspace 10-01-6300 $ 15.12 126692 8/6/2025 File Sorter AAA Workspace 10-22-6300 $ 47.51 126692 8/6/2025 Labels, Tape AAA Workspace 63-56-6300 $ 64.54 126692 8/6/2025 Batteries, Paper AAA Workspace 10-22-6300 $ 133.29 126692 8/6/2025 Adhesive, Batteries, Pens, Plug Ins AAA Workspace 10-14-6300 $ 64.55 126692 8/6/2025 Batteries, Paper AAA Workspace 60-50-6300 $ 64.54 126692 8/6/2025 Batteries, Paper $ 476.68 126692 Total
ABI Attachments, Inc. 69-47-7105 $ 3,103.02 126768 8/15/2025 Water Trailer ABI Attachments, Inc. 10-33-7105 $ 3,103.02 126768 8/15/2025 Water Trailer ABI Attachments, Inc. 10-44-7105 $ 3,103.02 126768 8/15/2025 Water Trailer $ 9,309.06 126768 Total
Access Door Works 10-07-6200 $ 550.00 126769 8/15/2025 Repair on Door/ PD $ 550.00 126769 Total
Acevedo Elizabeth 10-00-2840 $ 300.00 126650 7/29/2025 Memorial Building Rental Deposit Refund/ Acevedo $ 300.00 126650 Total
Advantage Gear, Inc 10-22-6300 $ 817.73 126663 7/29/2025 Uniforms/ Anderson, Garcia $ 817.73 126663 Total
Amazon Capital Services 10-22-6300 $ 41.01 126664 7/29/2025 Metronome $ 41.01 126664 Total
AMERICAN FIDELITY ASSURANCE CO. 10-00-5830 $ 47.00 126648 7/24/2025 $ 47.00 126648 Total
AMERICAN WATER WORKS 63-56-6635 $ 525.00 126665 7/29/2025 Membership Dues/ Spankowski $ 525.00 126665 Total
Animal Damage Management, Inc 69-47-6200 $ 940.00 126693 8/6/2025 Gopher, Ground Squirrel, Vole Control@ Sherman, Barrington Pa $ 940.00 126693 Total
AT&T 63-56-6420 $ 91.87 126620 7/18/2025 Landlines 6-13-25 to 7-12-25 AT&T 10-14-6420 $ 91.63 126620 7/18/2025 Landlines 6-13-25 to 7-12-25 AT&T 60-50-6200 $ 10.53 126620 7/18/2025 Alarm 6-13-25 to 7-12-25 AT&T 10-14-6200 $ 10.53 126620 7/18/2025 Alarm 6-13-25 to 7-12-25 AT&T 10-21-6420 $ 31.98 126620 7/18/2025 Landlines 6-13-25 to 7-12-25 AT&T 10-21-6420 $ 363.43 126620 7/18/2025 Circuit Line Between Fresno St to Ceres 6-13-25 to 7-12-25 AT&T 10-07-6420 $ 30.26 126620 7/18/2025 Landlines 6-13-25 to 7-12-25 AT&T 63-56-6200 $ 10.52 126620 7/18/2025 Alarm 6-13-25 to 7-12-25 $ 640.75 126620 Total
AP Check Register
July 15, 2025 through August 18, 2025
2 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description AT&T MOBILITY 10-07-6420 $ 23.56 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-33-6420 $ 92.73 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 22-20-6420 $ 8.97 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-02-6420 $ 19.29 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-45-6420 $ 31.41 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-44-6420 $ 88.58 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 69-47-6420 $ 84.35 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-22-6420 $ 264.59 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-06-6420 $ 60.46 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 60-50-6420 $ 468.69 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 73-70-6420 $ 11.24 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-03-6420 $ 92.05 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 63-56-6420 $ 388.87 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 AT&T MOBILITY 10-21-6420 $ 602.87 126619 7/18/2025 Cell Phone Use 6-03-25 to 7-02-25 $ 2,237.66 126619 Total
AutoZone MS #1 63-56-6300 $ 23.00 126757 8/8/2025 Armor All, Tire Shine AutoZone MS #1 63-56-6300 $ 24.80 126757 8/8/2025 Antifreeze AutoZone MS #1 63-56-6300 $ 10.24 126757 8/8/2025 Lighbulbs $ 58.04 126757 Total
AVID TRAFFIC SUPPLIES 69-47-6300 $ 185.12 126694 8/6/2025 5 Gallons White Oil Base Paint AVID TRAFFIC SUPPLIES 10-33-6300 $ 185.11 126694 8/6/2025 5 Gallons White Oil Base Paint $ 370.23 126694 Total
AvidWater, LLC 63-56-6300 $ 30.55 126758 8/8/2025 Slip Fix, Coupling, Adapter AvidWater, LLC 60-50-6300 $ 2.86 126758 8/8/2025 Coupling AvidWater, LLC 10-33-6300 $ 2.86 126758 8/8/2025 Coupling AvidWater, LLC 60-50-6300 $ 707.85 126758 8/8/2025 Irrigation Valve Lids AvidWater, LLC 10-33-6300 $ 7.39 126758 8/8/2025 Elbows, Caps AvidWater, LLC 60-50-6300 $ 7.39 126758 8/8/2025 Elbows, Caps AvidWater, LLC 10-44-6300 $ 6.35 126758 8/8/2025 Shrubler AvidWater, LLC 10-44-6300 $ 29.92 126758 8/8/2025 Tubing AvidWater, LLC 10-44-6300 $ 1.42 126758 8/8/2025 Coupling AvidWater, LLC 10-44-6300 $ 6.75 126758 8/8/2025 Coupling, Tape AvidWater, LLC 10-44-6300 $ 18.68 126758 8/8/2025 Tee, Anchors, Elbows, Coupling AvidWater, LLC 10-44-6300 $ 12.48 126758 8/8/2025 Coupling, Bushing, Washers AvidWater, LLC 69-47-6300 $ 44.88 126758 8/8/2025 Tee, Glue $ 879.38 126758 Total
Azevedo Adam 60-50-6230 $ 1,618.15 126771 8/15/2025 1st Cutting ofTerraces $ 1,618.15 126771 Total
Badger Meter 63-56-6350 $ 1,006.88 126695 8/6/2025 Beacons
AP Check Register
July 15, 2025 through August 18, 2025
3 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description Badger Meter 63-56-6350 $ (105.52) 126695 8/6/2025 Refund for Beacon Serv Units $ 901.36 126695 Total
Berk Jeff 10-15-6200 $ 2,319.54 126666 7/29/2025 City of Newman Arbitration Fees $ 2,319.54 126666 Total
Bertolotti Newman Disposal 69-47-6220 $ 1,723.22 126764 8/8/2025 26 Yard Trash Bin & Street Sweeping Debris/ July 2025 Bertolotti Newman Disposal 69-47-6220 $ 78.00 126764 8/8/2025 40 Yard Trash Bin Dumping@ Corp Yard/ July 2025 Bertolotti Newman Disposal 10-33-6220 $ 78.00 126764 8/8/2025 40 Yard Trash Bin Dumping@ Corp Yard/ July 2025 Bertolotti Newman Disposal 10-33-6220 $ 1,723.22 126764 8/8/2025 26 Yard Trash Bin & Street Sweeping Debris/ July 2025 $ 3,602.44 126764 Total
Bertolotti Newman Disposal, Inc 10-00-5730 $ 21,878.37 126763 8/8/2025 Monthly Contract Garbage Service/ July 2025 Bertolotti Newman Disposal, Inc 10-00-5733 $ (5,757.47) 126763 8/8/2025 Monthly Contract Garbage Service/ July 2025 Bertolotti Newman Disposal, Inc 10-00-5080 $ (16,120.91) 126763 8/8/2025 Monthly Contract Garbage Service/ July 2025 Bertolotti Newman Disposal, Inc 10-41-6200 $ 86,362.02 126763 8/8/2025 Monthly Contract Garbage Service/ July 2025 $ 86,362.01 126763 Total
BJ's Consumers Choice Pest Control, Inc 10-07-6665 $ 63.99 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 53.49 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 10-21-6200 $ 63.48 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 10-07-6200 $ 148.49 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 10-44-6200 $ 53.48 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 60-50-6200 $ 33.53 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 88.59 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 10-22-6200 $ 63.48 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 10-44-6660 $ 53.47 126667 7/29/2025 Pest Control Services/ City Hall/ June 2025 BJ's Consumers Choice Pest Control, Inc 63-56-6200 $ 280.00 126667 7/29/2025 Pest Control Services/ City Wells $ 902.00 126667 Total
BRADY INDUSTRIES 10-07-6665 $ 5.66 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6670 $ 22.66 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 45.30 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 5.66 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 11.33 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 11.32 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 5.66 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 5.67 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6300 $ 48.73 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6300 $ 24.37 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-07-6665 $ 24.37 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-44-6660 $ 194.92 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-22-6300 $ 24.36 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-46-6300 $ 24.36 126696 8/6/2025 Miscellaneous Cleaning Supplies
AP Check Register
July 15, 2025 through August 18, 2025
4 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description BRADY INDUSTRIES 10-44-6670 $ 97.46 126696 8/6/2025 Miscellaneous Cleaning Supplies BRADY INDUSTRIES 10-21-6300 $ 48.73 126696 8/6/2025 Miscellaneous Cleaning Supplies $ 600.56 126696 Total
Cal Fire 10-22-6690 $ 600.00 126669 7/29/2025 ATRA0069/ FD $ 600.00 126669 Total
CAL TRAFFIC SIGNS 69-47-6300 $ 311.38 126668 7/29/2025 Street Signs CAL TRAFFIC SIGNS 10-33-6300 $ 311.38 126668 7/29/2025 Street Signs $ 622.76 126668 Total
CALIF BUILDING STANDARDS 10-00-2620 $ 105.00 126651 7/29/2025 SB1473 Fees April-June 2025 CALIF BUILDING STANDARDS 10-00-5310 $ (10.50) 126651 7/29/2025 SB1473 Fees April-June 2025 $ 94.50 126651 Total
CALIFORNIA CONSULTING, INC 60-50-6200 $ 1,166.66 126697 8/6/2025 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 63-56-6200 $ 1,166.67 126697 8/6/2025 Grant writing/Lobbying CALIFORNIA CONSULTING, INC 10-02-6200 $ 1,166.67 126697 8/6/2025 Grant writing/Lobbying $ 3,500.00 126697 Total
Canon Financial Services, Inc. 10-21-6200 $ 232.79 126652 7/29/2025 Contract Charges July 2025/Copy Charges June 2025 Canon Financial Services, Inc. 60-50-6200 $ 95.81 126652 7/29/2025 Contract Charges July 2025/Copy Charges June 2025 Canon Financial Services, Inc. 63-56-6200 $ 95.82 126652 7/29/2025 Contract Charges July 2025/Copy Charges June 2025 Canon Financial Services, Inc. 10-22-6200 $ 299.61 126652 7/29/2025 Contract Charges July 2025/Copy Charges June 2025 Canon Financial Services, Inc. 63-56-6200 $ 156.74 126652 7/29/2025 Contract Charges July 2025/Copy Charges June 2025 Canon Financial Services, Inc. 60-50-6200 $ 156.74 126652 7/29/2025 Contract Charges July 2025/Copy Charges June 2025 Canon Financial Services, Inc. 10-14-6200 $ 156.74 126652 7/29/2025 Contract Charges July 2025/Copy Charges June 2025 $ 1,194.25 126652 Total
Cardmember Service 10-22-6420 $ 415.95 126698 8/6/2025 Telephone Service/Long Distance July 2025 Cardmember Service 10-45-6420 $ 211.12 126698 8/6/2025 Telephone Service/Long Distance July 2025 Cardmember Service 60-50-6420 $ 211.12 126698 8/6/2025 Telephone Service/Long Distance July 2025 Cardmember Service 10-14-6420 $ 211.12 126698 8/6/2025 Telephone Service/Long Distance July 2025 Cardmember Service 60-50-6690 $ 152.95 126698 8/6/2025 Training/ Pacheco Cardmember Service 63-56-6420 $ 211.12 126698 8/6/2025 Telephone Service/Long Distance July 2025 Cardmember Service 10-45-6690 $ 72.48 126698 8/6/2025 Gas Cardmember Service 10-33-6300 $ 704.70 126698 8/6/2025 Intake Hose, Gas Engine Cardmember Service 10-45-6690 $ 7.99 126698 8/6/2025 Gas Cardmember Service 10-45-6739 $ 11.17 126698 8/6/2025 Teen Center Snack Bar Supplies Cardmember Service 63-56-6300 $ 704.70 126698 8/6/2025 Intake Hose, Gas Engine Cardmember Service 10-45-6739 $ 12.99 126698 8/6/2025 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 288.61 126698 8/6/2025 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 171.82 126698 8/6/2025 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 15.09 126698 8/6/2025 Teen Center Snack Bar Supplies Cardmember Service 10-06-6200 $ 2,200.00 126698 8/6/2025 ESRI Subscription
AP Check Register
July 15, 2025 through August 18, 2025
5 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description Cardmember Service 10-45-6690 $ 8.00 126698 8/6/2025 Car Wash Cardmember Service 10-45-6739 $ 21.56 126698 8/6/2025 Teen Center Snack Bar Supplies Cardmember Service 10-45-6739 $ 9.90 126698 8/6/2025 Teen Center Snack Bar Supplies Cardmember Service 10-07-6300 $ 40.98 126698 8/6/2025 Flags Cardmember Service 10-03-6300 $ 3.99 126698 8/6/2025 Blue Host Cardmember Service 10-07-6300 $ 213.48 126698 8/6/2025 Flags Cardmember Service 63-56-6300 $ 7.18 126698 8/6/2025 Desk Fan Cardmember Service 10-14-6300 $ 7.19 126698 8/6/2025 Desk Fan Cardmember Service 60-50-6300 $ 7.19 126698 8/6/2025 Desk Fan Cardmember Service 10-21-6300 $ 21.56 126698 8/6/2025 Craft Organizer Cardmember Service 63-56-6300 $ 3.37 126698 8/6/2025 Lens Cleaner Cardmember Service 10-14-6300 $ 3.37 126698 8/6/2025 Lens Cleaner Cardmember Service 60-50-6300 $ 3.37 126698 8/6/2025 Lens Cleaner Cardmember Service 10-45-6725 $ 29.32 126698 8/6/2025 Folding Tables Cardmember Service 10-45-6739 $ 29.31 126698 8/6/2025 Folding Tables Cardmember Service 10-45-6735 $ 29.31 126698 8/6/2025 Folding Tables Cardmember Service 10-45-6724 $ 29.32 126698 8/6/2025 Folding Tables Cardmember Service 10-45-6730 $ 29.32 126698 8/6/2025 Folding Tables Cardmember Service 10-45-6600 $ 177.70 126698 8/6/2025 Frisbees Cardmember Service 10-07-6300 $ 215.74 126698 8/6/2025 Water Dispenser Cardmember Service 63-56-6635 $ 197.50 126698 8/6/2025 CWEA Membership/ Spankowski Cardmember Service 60-50-6635 $ 228.00 126698 8/6/2025 CWEA Membership/ Spankowski Cardmember Service 10-45-6600 $ 45.02 126698 8/6/2025 Frisbees Cardmember Service 60-50-6635 $ 197.50 126698 8/6/2025 CWEA Membership/ Spankowski Cardmember Service 10-22-6300 $ 19.00 126698 8/6/2025 Stickers Cardmember Service 10-21-6330 $ 201.56 126698 8/6/2025 Postage Meter Rent 4-22-25 to 7-21-25/ PD Cardmember Service 63-56-6690 $ 340.00 126698 8/6/2025 AWWA Training/ Rocha Cardmember Service 10-21-6307 $ 767.93 126698 8/6/2025 Vaccines Cardmember Service 10-22-6690 $ 173.00 126698 8/6/2025 Training/ FD Cardmember Service 10-21-6200 $ 10.00 126698 8/6/2025 Scheduling Software Cardmember Service 10-07-6300 $ 259.00 126698 8/6/2025 Flags Cardmember Service 10-07-6300 $ 317.50 126698 8/6/2025 Flags Cardmember Service 10-21-6308 $ 450.00 126698 8/6/2025 Pet Tags Cardmember Service 10-21-6300 $ 23.72 126698 8/6/2025 Desk Organizer Cardmember Service 10-22-6690 $ 250.00 126698 8/6/2025 CAEMSA Renewal/ Bowen Cardmember Service 10-21-6300 $ 89.53 126698 8/6/2025 Evidence Tape Cardmember Service 10-21-6300 $ 160.20 126698 8/6/2025 Gloves Cardmember Service 10-44-6300 $ 6.69 126698 8/6/2025 Ice Cardmember Service 10-22-6300 $ (89.99) 126698 8/6/2025 Refund for Disputed Charge
AP Check Register
July 15, 2025 through August 18, 2025
6 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description Cardmember Service 10-21-6300 $ 339.75 126698 8/6/2025 USB Drives Cardmember Service 63-56-6690 $ 135.00 126698 8/6/2025 AWWA Training/ Rocha Cardmember Service 10-21-6300 $ 8.62 126698 8/6/2025 Aquarium Background Cardmember Service 10-21-6300 $ 53.93 126698 8/6/2025 Aquarium Cardmember Service 10-21-6420 $ 171.25 126698 8/6/2025 Internet Service Newman to Ceres/PD/ 7-6-25 to 8-5-25 Cardmember Service 69-47-6300 $ 26.96 126698 8/6/2025 Filters Cardmember Service 10-07-6300 $ 131.46 126698 8/6/2025 Plug Ins Cardmember Service 10-33-6300 $ 26.96 126698 8/6/2025 Filters Cardmember Service 10-21-6200 $ 52.00 126698 8/6/2025 Newspaper Subscription Cardmember Service 10-21-6300 $ 462.75 126698 8/6/2025 Battery Cardmember Service 10-22-6300 $ 8.40 126698 8/6/2025 Postage Cardmember Service 10-21-6308 $ 7.54 126698 8/6/2025 Scissors Cardmember Service 10-21-6308 $ 654.94 126698 8/6/2025 Vaccines Cardmember Service 60-50-6300 $ 34.79 126698 8/6/2025 Battery Cardmember Service 10-45-6739 $ 28.98 126698 8/6/2025 Teen Center Snack Bar Supplies $ 12,283.58 126698 Total
CBA (ADMIN FEES) 10-00-2261 $ 305.50 126699 8/6/2025 Dental-Vision Admin Fees/ August 2025 $ 305.50 126699 Total
Cen-Cal Auto & Truck Parts/ NAPA 10-33-6530 $ 9.70 126715 8/6/2025 Oil Cen-Cal Auto & Truck Parts/ NAPA 69-47-6530 $ 9.71 126715 8/6/2025 Oil Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 16.35 126715 8/6/2025 Adapter Cen-Cal Auto & Truck Parts/ NAPA 10-22-6300 $ 2.42 126715 8/6/2025 Spark Plug Cen-Cal Auto & Truck Parts/ NAPA 10-44-6300 $ 13.31 126715 8/6/2025 Lamp, Coolant Cen-Cal Auto & Truck Parts/ NAPA 69-47-6300 $ 6.65 126715 8/6/2025 Lamp, Coolant Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 6.65 126715 8/6/2025 Lamp, Coolant Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 7.54 126715 8/6/2025 Pipe Cen-Cal Auto & Truck Parts/ NAPA 60-50-6530 $ 48.54 126715 8/6/2025 Hose Cen-Cal Auto & Truck Parts/ NAPA 60-50-6300 $ 63.19 126715 8/6/2025 Battery, Pliers Cen-Cal Auto & Truck Parts/ NAPA 10-22-6300 $ 137.69 126715 8/6/2025 Glass Cleaner, Meguiars, Armor All $ 321.75 126715 Total
Central Calif Irrigation District 60-50-6200 $ 121.23 126770 8/15/2025 Assessment Watershed Coalition 2025 $ 121.23 126770 Total
Cisneros Lisabeth 10-00-5830 $ 175.00 126653 7/29/2025 Reimbursement for Animal Voucher/ Cisneros $ 175.00 126653 Total
City of Ceres 10-21-6615 $ 17,161.00 126621 7/18/2025 Dispatch Service 6-1-25 to 6-30-25 $ 17,161.00 126621 Total
COMCAST CABLE 10-21-6420 $ 172.77 126622 7/18/2025 High Speed Internet 7-6-25 to 8-5-25/ PD COMCAST CABLE 60-50-6200 $ 73.58 126622 7/18/2025 High speed internet/sewer COMCAST CABLE 63-56-6200 $ 73.61 126622 7/18/2025 High speed internet/water
AP Check Register
July 15, 2025 through August 18, 2025
7 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description COMCAST CABLE 10-21-6200 $ 73.58 126622 7/18/2025 High speed internet/PD $ 393.54 126622 Total
CSG Consultants, Inc 10-23-6215 $ 3,795.00 126654 7/29/2025 Building Services June 2025 CSG Consultants, Inc 10-23-6215 $ 1,014.00 126654 7/29/2025 Building Permit Issuance/ June 2025 $ 4,809.00 126654 Total
Dave Bang Associates, Inc 69-47-6225 $ 1,133.74 126656 7/29/2025 Sherman Park Slide $ 1,133.74 126656 Total
Dave's Drain Cleaning & Plumbing 60-50-6200 $ 562.50 126700 8/6/2025 Sewer Line Inspection at Ruth Ave, Leslie Ave $ 562.50 126700 Total
Dave's Drain Cleaning & Plumbing 10-44-6660 $ 1,341.31 126655 7/29/2025 Plumbing Repair at Memorial Building Dave's Drain Cleaning & Plumbing 69-47-6200 $ 1,125.00 126655 7/29/2025 Tracing Electrical at Barrington Park, Plaza, Carlsen Park Dave's Drain Cleaning & Plumbing 10-44-6200 $ 300.00 126655 7/29/2025 Tracing Electrical at Barrington Park, Plaza, Carlsen Park $ 2,766.31 126655 Total
Del Puerto Health Care District 63-56-6235 $ 35.00 126701 8/6/2025 Pre-employment Physical/ Marin Alvarez Del Puerto Health Care District 10-44-6235 $ 70.00 126701 8/6/2025 Pre-employment Physical/ Marin Alvarez Del Puerto Health Care District 60-50-6235 $ 35.00 126701 8/6/2025 Pre-employment Physical/ Marin Alvarez $ 140.00 126701 Total
DEPART. OF CONSERVATION 10-00-5310 $ (12.50) 126657 7/29/2025 Strong Motion Fees April-June 2025 DEPART. OF CONSERVATION 10-00-2605 $ 249.93 126657 7/29/2025 Strong Motion Fees April-June 2025 $ 237.43 126657 Total
Dittos 10-21-6300 $ 45.95 126772 8/15/2025 Business Card/ Gomez $ 45.95 126772 Total
Dittos 10-21-6300 $ 39.30 126702 8/6/2025 Business Card/ Jantzen Dittos 10-01-6644 $ 229.73 126702 8/6/2025 No Parking Signs $ 269.03 126702 Total
Division of the State Architect 10-00-5095 $ (1,116.00) 126658 7/29/2025 AB-1379 Fees Payable/April-June 2025 Division of the State Architect 29-00-2601 $ 1,240.00 126658 7/29/2025 AB-1379 Fees Payable/April-June 2025 $ 124.00 126658 Total
Dooley Enterprises, Inc 10-21-6300 $ 2,558.03 126623 7/18/2025 Ammunition $ 2,558.03 126623 Total
Dust Control by Dennis, LLC 60-50-6200 $ 6,248.70 126703 8/6/2025 Dust Off Application Service 7-11-25 $ 6,248.70 126703 Total
Flock Group Inc 10-21-6200 $ 26,500.00 126670 7/29/2025 License Plate Reading Cameras $ 26,500.00 126670 Total
Garcia Armando 10-33-6200 $ 1,950.00 126734 8/6/2025 General Tree Services Garcia Armando 10-33-6200 $ 1,800.00 126734 8/6/2025 General Tree Services $ 3,750.00 126734 Total
GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 126759 8/8/2025 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 192.00 126759 8/8/2025 Bacti
AP Check Register
July 15, 2025 through August 18, 2025
8 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 126759 8/8/2025 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 192.00 126759 8/8/2025 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 126759 8/8/2025 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 192.00 126759 8/8/2025 Bacti GEOANALYTICAL LAB, INC. 60-50-6200 $ 120.00 126759 8/8/2025 BOD, TSS GEOANALYTICAL LAB, INC. 63-56-6200 $ 287.00 126759 8/8/2025 Bacti, Nitrate as N, EDT Reporting GEOANALYTICAL LAB, INC. 60-50-6200 $ 542.00 126759 8/8/2025 BOD, TSS, Nitrate as N. TKN, Total Nitrogen GEOANALYTICAL LAB, INC. 63-56-6200 $ 192.00 126759 8/8/2025 Bacti $ 2,077.00 126759 Total
GEORGE W. LOWRY, INC 60-50-6500 $ 1,529.13 126760 8/8/2025 400 Gallons Unleaded Gas Delivered @ WWTP $ 1,529.13 126760 Total
Golden Valley Awards 10-01-6300 $ 78.15 126773 8/15/2025 City Council Badges $ 78.15 126773 Total
Gomez Emma 10-00-2840 $ 300.00 126624 7/18/2025 Memorial Building Rental Deposit Refund/ Gomez $ 300.00 126624 Total
Gonzalez Omar 10-00-2841 $ 500.00 126765 8/8/2025 Refund of Deposit for New Meter/ Gonzalez $ 500.00 126765 Total
GoScribe.com LLC 10-21-6308 $ 450.00 126625 7/18/2025 Pet Tags $ 450.00 126625 Total
Gouveia Engineering, Inc 24-32-7781 $ 21.34 126626 7/18/2025 Project 545.18D Main St & Stanislaus Gouveia Engineering, Inc 18-32-7771 $ 6,360.84 126626 7/18/2025 Project 545.21 SS4A Gouveia Engineering, Inc 23-33-6200 $ 25,351.42 126626 7/18/2025 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 10-31-6200 $ 337.58 126626 7/18/2025 Project 510.02 Annual DBE/QAP Program Gouveia Engineering, Inc 17-33-7745 $ 312.38 126626 7/18/2025 Project 520.03 T St Specific Plan Gouveia Engineering, Inc 10-31-6200 $ 215.78 126626 7/18/2025 Project 575.16 Pometta Parcel Map TPM 2020-21 Gouveia Engineering, Inc 23-33-6220 $ 2,537.77 126626 7/18/2025 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 10-31-6200 $ 1,237.95 126626 7/18/2025 Project 585.17 Inyo Ave-CUP 24-30 Gouveia Engineering, Inc 18-56-7771 $ 127.05 126626 7/18/2025 Project 525.12C Jensen Rd Utilities Gouveia Engineering, Inc 17-36-7780 $ 6,092.75 126626 7/18/2025 Project 555.04-3.2 NEWS Construction Implement Gouveia Engineering, Inc 10-31-6200 $ 312.38 126626 7/18/2025 Project 525.01 Public Works General Gouveia Engineering, Inc 17-44-7780 $ 1,804.50 126626 7/18/2025 Project 555.08 Nature Park Gouveia Engineering, Inc 10-31-6200 $ 194.25 126626 7/18/2025 Project 585.15 Mattos Ranch Park Site Plan Gouveia Engineering, Inc 23-33-6210 $ 5,068.97 126626 7/18/2025 Project 545.19D 2023 Measure L Gouveia Engineering, Inc 20-44-7786 $ 280.88 126626 7/18/2025 Project 545.17D CDBG Steff/Sunrise Park Improvements Gouveia Engineering, Inc 63-56-6200 $ 2,035.00 126626 7/18/2025 Project 540.06 Water Audit Gouveia Engineering, Inc 28-33-7715 $ 2,973.42 126626 7/18/2025 Project 545.20 2024 Slurry Seals $ 55,264.26 126626 Total
GUARDIAN PUBLIC SAFETY BACKGROUND INVEST. INC. 10-21-6200 $ 1,650.00 126671 7/29/2025 Public Safety Background GUARDIAN PUBLIC SAFETY BACKGROUND INVEST. INC. 10-21-6200 $ 1,850.00 126671 7/29/2025 Public Safety Background
AP Check Register
July 15, 2025 through August 18, 2025
9 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 3,500.00 126671 Total
Guerrero's Tire and Auto Repair, LLC 10-22-6530 $ 856.00 126672 7/29/2025 4 New Tires on Ford Explorer/ PD $ 856.00 126672 Total
Guerrero's Tire and Auto Repair, LLC 69-47-6530 $ 94.00 126775 8/15/2025 2 New Tires on Trailer/ PW Guerrero's Tire and Auto Repair, LLC 10-33-6530 $ 94.00 126775 8/15/2025 2 New Tires on Trailer/ PW $ 188.00 126775 Total
Guerrero's Tire and Auto Repair, LLC 63-56-6530 $ 299.00 126705 8/6/2025 1 New Tire on Ford F250/ PW $ 299.00 126705 Total
Hansford Catherine 60-50-6200 $ 6,375.00 126707 8/6/2025 Sewer Rate Study $ 6,375.00 126707 Total
Hernandez Maria 10-45-6722 $ 70.00 126738 8/7/2025 Refund for Fit Kids Registration/ Hernandez $ 70.00 126738 Total
Hill's Pet Nutrition Sales, Inc 10-21-6208 $ 233.91 126708 8/6/2025 Shelter Supplies $ 233.91 126708 Total
Hydrofocus, Inc 17-44-7757 $ 11,720.89 126739 8/7/2025 Wetland Restoration Grant Agreement $ 11,720.89 126739 Total
Industrial Electrical Company 10-07-6200 $ 5,156.25 126776 8/15/2025 Generator Repairs $ 5,156.25 126776 Total
Jack's Gas #5 63-56-6500 $ 228.93 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-33-6500 $ 23.59 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-21-6500 $ 206.02 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 60-50-6500 $ 268.25 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-22-6500 $ 136.10 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-33-6500 $ 206.30 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 60-50-6500 $ 1,065.82 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-22-6500 $ 579.07 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-44-6500 $ 76.26 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-21-6500 $ 1,214.15 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 63-56-6500 $ 302.48 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 10-07-6500 $ 44.82 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working Jack's Gas #5 69-47-6500 $ 176.96 126674 7/29/2025 Reimbursement for Gas Comped Due To Gas Cards Not Working $ 4,528.75 126674 Total
JG Nurseries LLC 10-33-6300 $ 268.61 126709 8/6/2025 Concrete JG Nurseries LLC 68-68-6620 $ 51.78 126709 8/6/2025 Pea Gravel $ 320.39 126709 Total
JOCELYN ROLAND, Ph.D. 10-21-6200 $ 500.00 126722 8/6/2025 Pre-Employment Psychological Screening/ Kennedy $ 500.00 126722 Total
JOE'S LANDSCAPING & CONCR 69-47-6200 $ 13,869.87 126627 7/18/2025 Maintenance Service For The Month of June $ 13,869.87 126627 Total
AP Check Register
July 15, 2025 through August 18, 2025
10 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description JOE'S LANDSCAPING & CONCR 69-47-6200 $ 12,049.41 126777 8/15/2025 Maintenance Service For The Month of July $ 12,049.41 126777 Total
JORGENSEN & COMPANY 63-56-6200 $ 452.35 126628 7/18/2025 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 10-07-6200 $ 227.95 126628 7/18/2025 Fire Extinguisher Annual Maintenance/ Theater JORGENSEN & COMPANY 10-07-6200 $ 452.36 126628 7/18/2025 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 60-50-6200 $ 232.99 126628 7/18/2025 Fire Exts, Fire Ext Recharge JORGENSEN & COMPANY 69-47-6200 $ 452.35 126628 7/18/2025 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service JORGENSEN & COMPANY 10-33-6200 $ 452.35 126628 7/18/2025 Fire Exts, Valve Stem, Annual Maintenance, Six Year Service $ 2,270.35 126628 Total
Judson Larry 10-00-5830 $ 79.00 126740 8/7/2025 Refund of Duplicate Payment for Business License/ KDE0001 $ 79.00 126740 Total
Laser Precision Land Leveling, Inc 60-50-6230 $ 17,437.50 126778 8/15/2025 Laser Touch Up for Alfalfa Planting Laser Precision Land Leveling, Inc 60-50-6230 $ 3,442.50 126778 8/15/2025 Laser Touch Up for Alfalfa Planting $ 20,880.00 126778 Total
Liebert Cassidy Whitmore 10-15-6200 $ 88.00 126659 7/29/2025 Professional Services Rendered Through 6-30-25 Liebert Cassidy Whitmore 10-15-6200 $ 2,264.00 126659 7/29/2025 Professional Services Rendered Through 6-30-25 $ 2,352.00 126659 Total
Lightning Flash Electric Company 69-47-6200 $ 1,651.22 126677 7/29/2025 Repair on Lights $ 1,651.22 126677 Total
Lightning Flash Electric Company 60-50-6225 $ 1,329.46 126710 8/6/2025 Repair on Lift Station $ 1,329.46 126710 Total
Lou's Gloves, Inc 60-50-6300 $ 262.00 126711 8/6/2025 Nitrile Gloves Lou's Gloves, Inc 10-33-6300 $ 99.00 126711 8/6/2025 Nitrile Gloves Lou's Gloves, Inc 63-56-6300 $ 99.00 126711 8/6/2025 Nitrile Gloves Lou's Gloves, Inc 60-50-6300 $ 99.00 126711 8/6/2025 Nitrile Gloves Lou's Gloves, Inc 10-44-6300 $ 99.00 126711 8/6/2025 Nitrile Gloves Lou's Gloves, Inc 69-47-6300 $ 99.00 126711 8/6/2025 Nitrile Gloves $ 757.00 126711 Total
Lovett Amber 10-00-2840 $ 500.00 126779 8/15/2025 Memorial Building Rental Deposit Refund/ Lovett $ 500.00 126779 Total
Manriquez America Yael 10-00-2840 $ 300.00 126741 8/7/2025 Memorial Building Rental Deposit Refund Minus $211.04/ Manrique Manriquez America Yael 10-00-5510 $ (211.04) 126741 8/7/2025 Memorial Building Rental Deposit Refund Minus $211.04/ Manrique $ 88.96 126741 Total
Martinez Ana 10-00-2841 $ 80.00 126712 8/6/2025 Sherman Park Rental Deposit Refund/ Martinez $ 80.00 126712 Total
McAuley Ford 10-21-6530 $ 6,489.92 126713 8/6/2025 Repair on 2018 Ford Explorer/ PD $ 6,489.92 126713 Total
McKesson Medical-Surgical 10-22-6300 $ 32.60 126678 7/29/2025 EMS Supplies $ 32.60 126678 Total
AP Check Register
July 15, 2025 through August 18, 2025
11 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description Metropolitan Transportation Commission 10-33-6200 $ 1,000.00 126780 8/15/2025 Stree!Saver Annual Subscription Metropolitan Transportation Commission 69-47-6300 $ 1,000.00 126780 8/15/2025 Stree!Saver Annual Subscription $ 2,000.00 126780 Total
MID VALLEY IT, INC 10-14-6200 $ 1,614.00 126679 7/29/2025 IT CONTRACT/FIN MID VALLEY IT, INC 10-21-6200 $ 3,228.00 126679 7/29/2025 IT CONTRACT/PD MID VALLEY IT, INC 63-56-6200 $ 1,614.00 126679 7/29/2025 IT CONTRACT/WATR MID VALLEY IT, INC 60-50-6200 $ 1,614.00 126679 7/29/2025 IT CONTRACT/SEWR $ 8,070.00 126679 Total
MID VALLEY IT, INC 60-50-6200 $ 1,614.00 126781 8/15/2025 IT CONTRACT/SEWR MID VALLEY IT, INC 63-56-6200 $ 1,614.00 126781 8/15/2025 IT CONTRACT/WATR MID VALLEY IT, INC 10-21-6200 $ 3,228.00 126781 8/15/2025 IT CONTRACT/PD MID VALLEY IT, INC 10-14-6200 $ 1,614.00 126781 8/15/2025 IT CONTRACT/FIN $ 8,070.00 126781 Total
Mid Valley Publications 10-21-6600 $ 350.57 126742 8/7/2025 Employment Ad Police Officer $ 350.57 126742 Total
Modesto Junior College Ag Department 10-21-6208 $ 719.34 126714 8/6/2025 Animal Shelter/ July 2025 Modesto Junior College Ag Department 10-21-6210 $ 5,354.00 126714 8/6/2025 Catch & Release Program July 2025 $ 6,073.34 126714 Total
National Pen Co LLC 10-22-6300 $ 696.00 126680 7/29/2025 500 Pens $ 696.00 126680 Total
Navarro III Fernando 10-00-5435 $ 1,000.00 126716 8/6/2025 Reimbursement of Citation #5376A/ Fernando Navarro $ 1,000.00 126716 Total
NBS 69-47-6200 $ 1,381.36 126717 8/6/2025 Professional Services Ending 9-30-25 NBS 69-47-6200 $ 3,337.93 126717 8/6/2025 Quarterly Admin Fees 7-1-25 thru 9-30-25/ LLD $ 4,719.29 126717 Total
NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 75.62 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 29.66 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 29.66 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 14.86 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 7.54 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 28.01 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 8.62 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 2.57 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 21.56 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 69-47-6300 $ 21.57 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 5.18 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 5.17 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 106.66 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-33-6300 $ 13.36 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies
AP Check Register
July 15, 2025 through August 18, 2025
12 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description NEWMAN ACE HARDWARE/JACT, 69-47-6300 $ 13.36 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 14.01 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 12.93 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 60-50-6300 $ 140.19 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 60-50-6530 $ 222.84 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 71.99 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 63-56-6300 $ 32.99 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-22-6300 $ 3.23 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-07-6300 $ 22.32 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-46-6300 $ 92.75 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ 91.66 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies NEWMAN ACE HARDWARE/JACT, 10-44-6300 $ (33.43) 126718 8/6/2025 Batteries, Misc Tools, Light Bulbs, Cleaning, Supplies $ 1,054.88 126718 Total
North Star Engineering Group, Inc 18-32-7739 $ 1,020.00 126782 8/15/2025 Professional Seivices Through 7-31-25 $ 1,020.00 126782 Total
Nutrien Ag Solutions Inc 60-50-6230 $ 1,003.89 126766 8/8/2025 35 Gallons Makaze, 10 Gallons Ultra Pro $ 1,003.89 126766 Total
ODP Business Solutions, LLC 60-50-6300 $ 205.52 126629 7/18/2025 Ink $ 205.52 126629 Total
One Step GPS LLC 10-21-7105 $ 47.90 126743 8/7/2025 Addition of New Vehicle/ PD $ 47.90 126743 Total
One Step GPS LLC 10-22-6200 $ 69.75 126681 7/29/2025 GPS FleetTracking Software One Step GPS LLC 60-50-6200 $ 153.45 126681 7/29/2025 GPS FleetTracking Software One Step GPS LLC 63-56-6200 $ 153.45 126681 7/29/2025 GPS FleetTracking Software One Step GPS LLC 10-21-6200 $ 223.20 126681 7/29/2025 GPS FleetTracking Software $ 599.85 126681 Total
One Step GPS LLC 10-21-6200 $ 223.20 126783 8/15/2025 GPS FleetTracking Software One Step GPS LLC 63-56-6200 $ 153.45 126783 8/15/2025 GPS FleetTracking Software One Step GPS LLC 60-50-6200 $ 153.45 126783 8/15/2025 GPS FleetTracking Software One Step GPS LLC 10-22-6200 $ 69.75 126783 8/15/2025 GPS FleetTracking Software $ 599.85 126783 Total
OPERATING ENGINEERS LOCAL UNION NO. 3 10-00-5830 $ 57.00 126649 7/24/2025 $ 57.00 126649 Total
Operating Engineers Public & Misc Employees 10-00-2260 $ 164.00 126719 8/6/2025 Health Insurance Premium/ August 2025 /Caetano $ 164.00 126719 Total
Opportunity Stanislaus 10-01-6635 $ 10,000.00 126682 7/29/2025 Fiscal 2025-2026 MOU Agreement $ 10,000.00 126682 Total
OTTMAN FARMS, INC 60-50-6230 $ 1,729.00 126761 8/8/2025 Spraying of Alfalfa @ WWTP $ 1,729.00 126761 Total
AP Check Register
July 15, 2025 through August 18, 2025
13 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description P G & E 63-56-6410 $ 1,029.75 126630 7/18/2025 Gas & Electric @ City Hall 6-3-25 to 7-3-25 P G & E 10-07-6410 $ 1,029.76 126630 7/18/2025 Gas & Electric @ City Hall 6-3-25 to 7-3-25 P G & E 60-50-6410 $ 1,029.76 126630 7/18/2025 Gas & Electric @ City Hall 6-3-25 to 7-3-25 P G & E 60-50-6410 $ 37.10 126630 7/18/2025 Electrical Charges for Solar Meter @WWTP 6-6-25 to 7-8-25 P G & E 10-21-6510 $ 52.81 126630 7/18/2025 Natural Gas Pumped @ CNG Fueling Station 6-7-25 to 7-9-25 P G & E 10-33-6510 $ 422.50 126630 7/18/2025 Natural Gas Pumped @ CNG Fueling Station 6-7-25 to 7-9-25 P G & E 63-56-6510 $ 52.81 126630 7/18/2025 Natural Gas Pumped @ CNG Fueling Station 6-7-25 to 7-9-25 P G & E 10-44-6510 $ 211.25 126630 7/18/2025 Natural Gas Pumped @ CNG Fueling Station 6-7-25 to 7-9-25 P G & E 69-47-6510 $ 264.08 126630 7/18/2025 Natural Gas Pumped @ CNG Fueling Station 6-7-25 to 7-9-25 P G & E 60-50-6510 $ 52.81 126630 7/18/2025 Natural Gas Pumped @ CNG Fueling Station 6-7-25 to 7-9-25 $ 4,182.63 126630 Total
P G & E 10-33-6410 $ 6,589.75 126720 8/6/2025 Gas & Electric Use P G & E 63-56-6410 $ 61,875.60 126720 8/6/2025 Gas & Electric Use P G & E 10-44-6410 $ 2,604.26 126720 8/6/2025 Gas & Electric Use P G & E 10-46-6410 $ 897.92 126720 8/6/2025 Gas & Electric Use P G & E 10-22-6410 $ 2,287.31 126720 8/6/2025 Gas & Electric Use P G & E 60-50-6410 $ 14,241.45 126720 8/6/2025 Gas & Electric Use P G & E 69-47-6410 $ 5,608.14 126720 8/6/2025 Gas & Electric Use P G & E 10-45-6410 $ 197.08 126720 8/6/2025 Gas & Electric Use P G & E 10-07-6410 $ 5,615.35 126720 8/6/2025 Gas & Electric Use $ 99,916.86 126720 Total
Pace Supply Corporation 63-56-6300 $ 157.09 126744 8/7/2025 Nut Pace Supply Corporation 63-56-6225 $ 6,123.91 126744 8/7/2025 Seals $ 6,281.00 126744 Total
Patterson City Tow 10-22-6530 $ 125.00 126683 7/29/2025 Towing of Dodge Charger $ 125.00 126683 Total
Paulson Caleb 10-22-6690 $ 131.00 126684 7/29/2025 Reimbursement for EMT Cert/ Paulson $ 131.00 126684 Total
Pete's Auto Repair 10-21-6530 $ 74.73 126784 8/15/2025 Oil Change 2016 Ford Interceptor Pete's Auto Repair 10-21-6530 $ 88.83 126784 8/15/2025 Oil Change 2023 Chevy Silverado $ 163.56 126784 Total
Public Agency Coalition Enterprise 10-00-2260 $ 28,014.28 126675 7/29/2025 Health Insurance Premium/ August 2025 $ 28,014.28 126675 Total
Public Agency Coalition Enterprise 10-00-2260 $ 20,550.70 126676 7/29/2025 Health Insurance Premium/ August 2025 $ 20,550.70 126676 Total
RALEY'S IN STORE CHARGE 10-22-6300 $ 54.49 126721 8/6/2025 Fire Department Supplies RALEY'S IN STORE CHARGE 60-50-6300 $ 11.85 126721 8/6/2025 City Hall Supplies RALEY'S IN STORE CHARGE 63-56-6300 $ 11.84 126721 8/6/2025 City Hall Supplies RALEY'S IN STORE CHARGE 10-14-6300 $ 11.85 126721 8/6/2025 City Hall Supplies
AP Check Register
July 15, 2025 through August 18, 2025
14 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description RALEY'S IN STORE CHARGE 10-46-6300 $ 98.15 126721 8/6/2025 Corp Yard Supplies $ 188.18 126721 Total
Ramirez Eliana 10-00-2840 $ 300.00 126785 8/15/2025 Memorial Building Rental Deposit Refund/ Ramirez $ 300.00 126785 Total
Renewable Fuels Inc 10-21-6200 $ 95.41 126685 7/29/2025 Quarterly Service Renewable Fuels Inc 10-33-6225 $ 763.25 126685 7/29/2025 Quarterly Service Renewable Fuels Inc 63-56-6225 $ 95.41 126685 7/29/2025 Quarterly Service Renewable Fuels Inc 69-47-6225 $ 477.02 126685 7/29/2025 Quarterly Service Renewable Fuels Inc 10-44-6225 $ 381.62 126685 7/29/2025 Quarterly Service Renewable Fuels Inc 60-50-6225 $ 95.41 126685 7/29/2025 Quarterly Service $ 1,908.12 126685 Total
Rick Engineering Company 17-36-7780 $ 3,547.77 126745 8/7/2025 Project C 18529-C00 Newman Design Prop 1 $ 3,547.77 126745 Total
Rios Angelica 10-00-2841 $ 45.00 126786 8/15/2025 Pioneer Park Rental Deposit Refund/ Rios $ 45.00 126786 Total
Robert Half Inc 63-56-6200 $ 467.76 126673 7/29/2025 Temporary Account Clerk/ Real Robert Half Inc 60-50-6200 $ 467.77 126673 7/29/2025 Temporary Account Clerk/ Real Robert Half Inc 10-14-6200 $ 467.77 126673 7/29/2025 Temporary Account Clerk/ Real $ 1,403.30 126673 Total
Robert Half Inc 60-50-6200 $ 542.12 126706 8/6/2025 Temporary Account Clerk/ Real Robert Half Inc 10-14-6200 $ 542.12 126706 8/6/2025 Temporary Account Clerk/ Real Robert Half Inc 63-56-6200 $ 542.12 126706 8/6/2025 Temporary Account Clerk/ Real Robert Half Inc 10-14-6200 $ 336.68 126706 8/6/2025 Temporary Account Clerk/ Real Robert Half Inc 60-50-6200 $ 336.68 126706 8/6/2025 Temporary Account Clerk/ Real Robert Half Inc 63-56-6200 $ 336.67 126706 8/6/2025 Temporary Account Clerk/ Real $ 2,636.39 126706 Total
Robert Half Inc 60-50-6200 $ 573.07 126673 7/29/2025 Temporary Account Clerk/ Real Robert Half Inc 10-14-6200 $ 573.07 126673 7/29/2025 Temporary Account Clerk/ Real Robert Half Inc 63-56-6200 $ 573.06 126673 7/29/2025 Temporary Account Clerk/ Real $ 1,719.20 126673 Total
Rocha Rory 63-56-6690 $ 148.40 126686 7/29/2025 Mileage Reimbursement/ Rocha $ 148.40 126686 Total
Rolfe Construction, Inc 18-56-7771 $ 48,577.25 126660 7/29/2025 Jensen Rd Improvements $ 48,577.25 126660 Total
Royston, Hanamoto, Alley & Abey 40-06-6200 $ 600.00 126661 7/29/2025 Professional Services Rendered Through 6-30-25 $ 600.00 126661 Total
RRM DESIGN GROUP, INC. 17-36-7780 $ 6,116.00 126631 7/18/2025 NEWS Educational Sign Developement $ 6,116.00 126631 Total
RRM DESIGN GROUP, INC. 17-36-7780 $ 716.25 126787 8/15/2025 NEWS Educational Sign Developement
AP Check Register
July 15, 2025 through August 18, 2025
15 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description RRM DESIGN GROUP, INC. 17-44-7780 $ 9,034.17 126787 8/15/2025 Newman Nature Park $ 9,750.42 126787 Total
SAFE-T-LITE 10-46-6300 $ 21.12 126723 8/6/2025 Lens Cleaning Towelettes $ 21.12 126723 Total
Scott's PPE Recon, Inc 10-22-6300 $ 2,470.65 126746 8/7/2025 Fire Prevention Jumpsuit Repair/ FD Scott's PPE Recon, Inc 10-22-6300 $ 242.09 126746 8/7/2025 Fire Prevention Jumpsuit Repair/ FD Scott's PPE Recon, Inc 10-22-6300 $ 2,256.13 126746 8/7/2025 Fire Prevention Jumpsuit Repair/ FD $ 4,968.87 126746 Total
SHAPE INCORPORATED 60-50-6225 $ 6,290.29 126632 7/18/2025 Lift Station Pump Replacement $ 6,290.29 126632 Total
SHORT BRETT 10-21-6530 $ 22.00 126687 7/29/2025 Reimbursement for Car Wash/ Short SHORT BRETT 10-21-6300 $ 51.20 126687 7/29/2025 Reimbursement for Tank/ Short $ 73.20 126687 Total
Smart Source LLC Grandflow Division 60-50-6300 $ 267.25 126774 8/15/2025 AP Checks Smart Source LLC Grandflow Division 10-14-6300 $ 267.26 126774 8/15/2025 AP Checks Smart Source LLC Grandflow Division 63-56-6300 $ 267.25 126774 8/15/2025 AP Checks $ 801.76 126774 Total
Solar Integrated Fund III 60-50-6410 $ 13,413.14 126767 8/8/2025 Solar Production Period 7-1-25 to 7-3'l-25 $ 13,413.14 126767 Total
SOLECON, INC 10-07-6200 $ 438.57 126724 8/6/2025 Service Call @ 1162 Main St SOLECON, INC 10-44-6660 $ 619.27 126724 8/6/2025 Service Call @ Memorial Building SOLECON, INC 10-07-6200 $ 567.00 126724 8/6/2025 Service Call @ City Hall SOLECON, INC 10-07-6200 $ 453.68 126724 8/6/2025 Service Call @ Corp Yard SOLECON, INC 10-07-6200 $ 120.65 126724 8/6/2025 Service Call @ Theater SOLECON, INC 10-45-6200 $ 462.62 126724 8/6/2025 Service Call @ Teen Center SOLECON, INC 10-07-6200 $ 428.63 126724 8/6/2025 Service Call @ PD SOLECON, INC 10-22-6200 $ 238.57 126724 8/6/2025 Service Call @ FD SOLECON, INC 10-07-6665 $ 100.00 126724 8/6/2025 Service Call @ Museum $ 3,428.99 126724 Total
Soundscapes Electric Security & Audio Video 10-07-6200 $ 270.00 126725 8/6/2025 3 Months Alarm Monthly Monitoring $ 270.00 126725 Total
Stanislaus County Public Works 10-33-6530 $ 1,591.83 126634 7/18/2025 Vehicle and Equipment Maintenance and Repairs/ May 2025 Stanislaus County Public Works 69-47-6530 $ 1,591.83 126634 7/18/2025 Vehicle and Equipment Maintenance and Repairs/ May 2025 $ 3,183.66 126634 Total
Stanislaus County Tax Collector 10-15-6680 $ 316.70 126726 8/6/2025 Unsecured Property Taxes FY 25-26 Stanislaus County Tax Collector 10-15-6680 $ 241.21 126726 8/6/2025 Unsecured Property Taxes FY 25-26 Stanislaus County Tax Collector 10-15-6680 $ 930.53 126726 8/6/2025 Unsecured Property Taxes FY 25-26 Stanislaus County Tax Collector 10-15-6680 $ 229.74 126726 8/6/2025 Unsecured Property Taxes FY 25-26 Stanislaus County Tax Collector 10-15-6680 $ 815.64 126726 8/6/2025 Unsecured Property Taxes FY 25-26
AP Check Register
July 15, 2025 through August 18, 2025
16 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description Stanislaus County Tax Collector 10-15-6680 $ 334.61 126726 8/6/2025 Unsecured Property Taxes FY 25-26 Stanislaus County Tax Collector 10-15-6680 $ 158.43 126726 8/6/2025 Unsecured Property Taxes FY 25-26 $ 3,026.86 126726 Total
STANTEC CONSULTING SERVICE, Inc 61-55-7550 $ 1,578.70 126789 8/15/2025 Project# 184031755 Construction Management & Resident $ 1,578.70 126789 Total
STAPLES ADVANTAGE 10-14-6300 $ 13.02 126727 8/6/2025 Envelopes STAPLES ADVANTAGE 60-50-6300 $ 13.01 126727 8/6/2025 Envelopes STAPLES ADVANTAGE 10-22-6300 $ 47.66 126727 8/6/2025 Cards STAPLES ADVANTAGE 63-56-6300 $ 13.01 126727 8/6/2025 Envelopes $ 86.70 126727 Total
STAPLES ADVANTAGE 10-21-6300 $ 426.06 126635 7/18/2025 Paper, Tape, Memo Books, Post Its, Batteries $ 426.06 126635 Total
STAPLES ADVANTAGE 10-14-6300 $ 12.73 126747 8/7/2025 Envelopes STAPLES ADVANTAGE 60-50-6300 $ 12.73 126747 8/7/2025 Envelopes STAPLES ADVANTAGE 63-56-6300 $ 12.72 126747 8/7/2025 Envelopes STAPLES ADVANTAGE 63-56-6300 $ 21.55 126747 8/7/2025 Calcualtor Ribbon, Binder Clips STAPLES ADVANTAGE 10-14-6300 $ 21.56 126747 8/7/2025 Calcualtor Ribbon, Binder Clips STAPLES ADVANTAGE 60-50-6300 $ 21.55 126747 8/7/2025 Calcualtor Ribbon, Binder Clips STAPLES ADVANTAGE 10-14-6300 $ 4.42 126747 8/7/2025 Pens STAPLES ADVANTAGE 60-50-6300 $ 4.41 126747 8/7/2025 Pens STAPLES ADVANTAGE 63-56-6300 $ 4.41 126747 8/7/2025 Pens STAPLES ADVANTAGE 60-50-6300 $ 19.99 126747 8/7/2025 Sheet Protectors, Binder Clips STAPLES ADVANTAGE 63-56-6300 $ 19.99 126747 8/7/2025 Sheet Protectors, Binder Clips STAPLES ADVANTAGE 10-14-6300 $ 19.99 126747 8/7/2025 Sheet Protectors, Binder Clips $ 176.05 126747 Total
STAPLES ADVANTAGE 10-21-6300 $ 94.67 126635 7/18/2025 Envelopes, Batteries $ 94.67 126635 Total
STAPLES ADVANTAGE 10-14-6300 $ 17.96 126727 8/6/2025 Binder Clips, Rubberbands STAPLES ADVANTAGE 60-50-6300 $ 17.96 126727 8/6/2025 Binder Clips, Rubberbands STAPLES ADVANTAGE 63-56-6300 $ 17.96 126727 8/6/2025 Binder Clips, Rubberbands $ 53.88 126727 Total
STAPLES ADVANTAGE 63-56-6300 $ 9.34 126788 8/15/2025 Adhesive STAPLES ADVANTAGE 60-50-6300 $ 9.34 126788 8/15/2025 Adhesive STAPLES ADVANTAGE 10-06-6300 $ 17.46 126788 8/15/2025 Clipboard STAPLES ADVANTAGE 10-14-6300 $ 9.35 126788 8/15/2025 Adhesive $ 45.49 126788 Total
State of Calif Dept of Justice 10-00-2014 $ 762.00 126633 7/18/2025 Fingerprint Apps/FBl/Child Abuse Index $ 762.00 126633 Total
STEVE'S QUALITY CLEANING 10-07-6200 $ 185.00 126688 7/29/2025 Cleaned & Buffed Floors@ City Hall
AP Check Register
July 15, 2025 through August 18, 2025
17 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 185.00 126688 Total
STILES TRUCK BODY, INC. 69-47-7105 $ 2,726.49 126728 8/6/2025 Installation of Lift Gate STILES TRUCK BODY, INC. 10-33-7105 $ 2,726.49 126728 8/6/2025 Installation of Lift Gate $ 5,452.98 126728 Total
Teeples Plumbing & Drilling Inc 60-50-6225 $ 11,144.95 126748 8/7/2025 Emergency Lift Station Repairs $ 11,144.95 126748 Total
Thomas Darla Ann 17-36-7780 $ 6,125.00 126729 8/6/2025 Prop 1 News Grant $ 6,125.00 126729 Total
Titan Fence 10-07-6200 $ 673.10 126730 8/6/2025 Gate Repair/ PD $ 673.10 126730 Total
Titan Fence 10-07-6200 $ 3,817.26 126749 8/7/2025 Double Swing Gate $ 3,817.26 126749 Total
TORRES (NT) ALICIA 10-14-6690 $ 12.14 126689 7/29/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 60-50-6690 $ 12.13 126689 7/29/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 63-56-6690 $ 12.13 126689 7/29/2025 Mileage Reimbursement/ Torres $ 36.40 126689 Total
TORRES (NT) ALICIA 60-50-6690 $ 12.13 126790 8/15/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 63-56-6690 $ 12.13 126790 8/15/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 10-14-6690 $ 12.14 126790 8/15/2025 Mileage Reimbursement/ Torres $ 36.40 126790 Total
TORRES (NT) ALICIA 60-50-6690 $ 12.13 126731 8/6/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 10-14-6690 $ 12.14 126731 8/6/2025 Mileage Reimbursement/ Torres TORRES (NT) ALICIA 63-56-6690 $ 12.13 126731 8/6/2025 Mileage Reimbursement/ Torres $ 36.40 126731 Total
True Blue Veterinary Group 10-21-6208 $ 1,726.04 126791 8/15/2025 Shelter Animals $ 1,726.04 126791 Total
True Blue Veterinary Group 10-21-6210 $ 947.37 126636 7/18/2025 Shelter Animals $ 947.37 126636 Total
Undergrnd Serv Alert of N CA & NV 63-56-6200 $ 212.96 126732 8/6/2025 2025 Membership Fee Undergrnd Serv Alert of N CA & NV 60-50-6200 $ 212.96 126732 8/6/2025 2025 Membership Fee $ 425.92 126732 Total
UNIVAR USA, INC 63-56-6300 $ 1,711.19 126733 8/6/2025 300 Gallons of Sodium Hypoclorlte Delivered to Well #8 UNIVAR USA, INC 63-56-6300 $ 1,248.74 126733 8/6/2025 225 Gallons of Sodium Hypoclorlte Delivered to Well #10 $ 2,959.93 126733 Total
USA BLUEBOOK 60-50-6300 $ 63.60 126792 8/15/2025 Flag
USA BLUEBOOK 60-50-6300 $ 256.82 126792 8/15/2025 Pouches, Solution USA BLUEBOOK 60-50-7105 $ 6,934.21 126792 8/15/2025 Compact Portable Sampler USA BLUEBOOK 60-50-7105 $ 166.13 126792 8/15/2025 Suspension Harness $ 7,420.76 126792 Total
AP Check Register
July 15, 2025 through August 18, 2025
18 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description Valley 29 Electric, LLC 63-56-6225 $ 250.00 126793 8/15/2025 Repair on Thermostat $ 250.00 126793 Total
Velasquez Lorena 10-00-5830 $ 12.00 126750 8/7/2025 Reimbursement for Animal Vaccines/ Velasquez $ 12.00 126750 Total
VELAZQUEZ JOSE 63-00-2010 $ 32.90 126690 7/29/2025 Refund Check 017382-000, 2236 SUNNY CREEK WY $ 32.90 126690 Total
Verizon Wireless 10-21-6420 $ 342.09 126762 8/8/2025 Mobile laptop access 6-19-25 to 7-18-25 Verizon Wireless 63-56-6420 $ 38.01 126762 8/8/2025 Mobile laptop access 6-19-25 to 7-18-25 Verizon Wireless 10-06-6420 $ 38.01 126762 8/8/2025 Mobile laptop access 6-19-25 to 7-18-25 Verizon Wireless 10-22-6615 $ 114.03 126762 8/8/2025 Mobile laptop access 6-19-25 to 7-18-25 $ 532.14 126762 Total
Vestis 10-22-6200 $ 176.26 126794 8/15/2025 Uniform Cleaning/Mat Rental/Shop Towels/ July 2025 Vestis 10-21-6200 $ 136.64 126794 8/15/2025 Uniform Cleaning/Mat Rental/Shop Towels/ July 2025 Vestis 10-07-6200 $ 169.15 126794 8/15/2025 Uniform Cleaning/Mat Rental/Shop Towels/ July 2025 Vestis 60-50-6200 $ 173.24 126794 8/15/2025 Uniform Cleaning/Mat Rental/Shop Towels/ July 2025 Vestis 10-44-6200 $ 115.49 126794 8/15/2025 Uniform Cleaning/Mat Rental/Shop Towels/ July 2025 Vestis 63-56-6200 $ 115.48 126794 8/15/2025 Uniform Cleaning/Mat Rental/Shop Towels/ July 2025 Vestis 10-33-6200 $ 173.24 126794 8/15/2025 Uniform Cleaning/Mat Rental/Shop Towels/ July 2025 $ 1,059.50 126794 Total
Vestis 10-21-6200 $ 134.27 126637 7/18/2025 Uniform Cleaning/Mat Rental/Shop Towels/ June 2025 Vestis 63-56-6200 $ 97.82 126637 7/18/2025 Uniform Cleaning/Mat Rental/Shop Towels/ June 2025 Vestis 10-33-6200 $ 146.72 126637 7/18/2025 Uniform Cleaning/Mat Rental/Shop Towels/ June 2025 Vestis 10-22-6200 $ 137.16 126637 7/18/2025 Uniform Cleaning/Mat Rental/Shop Towels/ June 2025 Vestis 10-44-6200 $ 97.82 126637 7/18/2025 Uniform Cleaning/Mat Rental/Shop Towels/ June 2025 Vestis 10-07-6200 $ 135.32 126637 7/18/2025 Uniform Cleaning/Mat Rental/Shop Towels/ June 2025 Vestis 60-50-6200 $ 146.72 126637 7/18/2025 Uniform Cleaning/Mat Rental/Shop Towels/ June 2025 $ 895.83 126637 Total
West Coast Energy Systems LLC 63-56-6225 $ 3,110.11 126704 8/6/2025 Generator Repairs/ Well 6R $ 3,110.11 126704 Total
West Coast Pet Memorial Services 10-21-6208 $ 41.47 126639 7/18/2025 Disposal Clinic $ 41.47 126639 Total
WEST SIDE PUBLIC SCALE 60-50-6230 $ 60.00 126640 7/18/2025 Weight Tags for June 2025/WWTP $ 60.00 126640 Total
Westside Connect 40-06-6245 $ 420.00 126638 7/18/2025 Public Notice Adoption of Ordinance 2025-01 Westside Connect 10-21-6600 $ 24.69 126638 7/18/2025 Police ·Officer Employment Ad Westside Connect 10-45-6724 $ 192.00 126638 7/18/2025 Display Ad Movie Night Westside Connect 60-50-6600 $ 50.00 126638 7/18/2025 Single Box Ad Westside Connect 63-56-6600 $ 50.00 126638 7/18/2025 Single Box Ad Westside Connect 10-01-6620 $ 160.52 126638 7/18/2025 No Parking Signs
AP Check Register
July 15, 2025 through August 18, 2025
19 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description Westside Connect 69-47-6600 $ 660.00 126638 7/18/2025 Public Notice Adoption of Resolution 2025-19 Westside Connect 10-01-6600 $ 50.00 126638 7/18/2025 Single Box Ad Westside Connect 10-21-6600 $ 172.81 126638 7/18/2025 Police ·Officer Employment Ad Westside Connect 63-56-6600 $ 2,040.00 126638 7/18/2025 Public Notice 2024 Consumer Confidence Report Westside Connect 10-45-6724 $ 192.00 126638 7/18/2025 Display Ad Movie Night Westside Connect 40-06-6245 $ 360.00 126638 7/18/2025 Notice of Public Hearing Ordinance Amendments $ 4,372.02 126638 Total
Westside Connect 40-06-6200 $ 390.00 126795 8/15/2025 Public Notice Adoption of Ordinance 2025-02 Westside Connect 10-01-6600 $ 40.00 126795 8/15/2025 Single Box Ad Westside Connect 10-45-6724 $ 192.00 126795 8/15/2025 Display Ad Movie Night Westside Connect 63-56-6600 $ 40.00 126795 8/15/2025 Single Box Ad Westside Connect 60-50-6600 $ 40.00 126795 8/15/2025 Single Box Ad Westside Connect 10-06-6600 $ 360.00 126795 8/15/2025 Public Notice Conditional Use Permit 2025-01 $ 1,062.00 126795 Total
Westside Water Conditioning 60-50-6300 $ 50.75 126735 8/6/2025 Bottle Water Delivery 7-15-25/ WWTP Westside Water Conditioning 60-50-6300 $ 37.48 126735 8/6/2025 Bottle Water Delivery 7-15-25 & 7-29-25 City Hall Westside Water Conditioning 10-14-6300 $ 37.49 126735 8/6/2025 Bottle Water Delivery 7-15-25 & 7-29-25 City Hall Westside Water Conditioning 10-22-6200 $ 112.45 126735 8/6/2025 Bottle Water Delivery 7-15-25 & 7-29-25/ FD Westside Water Conditioning 63-56-6300 $ 89.08 126735 8/6/2025 Bottle Water Delivery 7-15-25 & 7-29-25/ Corp Yard Westside Water Conditioning 60-50-6300 $ 89.07 126735 8/6/2025 Bottle Water Delivery 7-15-25 & 7-29-25/ Corp Yard Westside Water Conditioning 10-21-6200 $ 46.75 126735 8/6/2025 Bottle Water Delivery 7-15-25 & 7-29-25/ PD Westside Water Conditioning 63-56-6300 $ 37.48 126735 8/6/2025 Bottle Water Delivery 7-15-25 & 7-29-25 City Hall $ 500.55 126735 Total
Wex Bank 10-33-6500 $ 30.68 126641 7/18/2025 Gas and Diesel Purchases 6-16-25 to 7-15-25 Wex Bank 10-22-6500 $ 1,227.19 126641 7/18/2025 Gas and Diesel Purchases 6-16-25 to 7-15-25 Wex Bank 10-21-6500 $ 1,969.36 126641 7/18/2025 Gas and Diesel Purchases 6-16-25 to 7-15-25 Wex Bank 60-50-6500 $ 126.48 126641 7/18/2025 Gas and Diesel Purchases 6-16-25 to 7-15-25 Wex Bank 63-56-6500 $ 193.50 126641 7/18/2025 Gas and Diesel Purchases 6-16-25 to 7-15-25 Wex Bank 10-44-6500 $ 9.24 126641 7/18/2025 Gas and Diesel Purchases 6-16-25 to 7-15-25 $ 3,556.45 126641 Total
White Brenner, LLP 10-15-6200 $ 1,324.13 126662 7/29/2025 Through Jun 2025 General Municipal White Brenner, LLP 10-15-6200 $ 1,576.41 126662 7/29/2025 Professional Srvcs Rendered Through Jun 2025 Real Estate White Brenner, LLP 10-15-6200 $ 7,728.94 126662 7/29/2025 Professional Srvcs Rendered Through Jun 2025 HR White Brenner, LLP 10-15-6200 $ 9,882.24 126662 7/29/2025 Professional Srvcs Rendered Through Jun 2025 Labor & Employme White Brenner, LLP 10-15-6200 $ 2,464.92 126662 7/29/2025 Professional Srvcs Rendered Through Jun 2025 Contracts $ 22,976.64 126662 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 650.51 126691 7/29/2025 Fire Shelter $ 650.51 126691 Total
Witmer Public Safety Group, Inc 10-22-6300 $ 650.51 126736 8/6/2025 Fire Shelter
AP Check Register
July 15, 2025 through August 18, 2025
20 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description $ 650.51 126736 Total
YANCEY LUMBER COMPANY 60-50-6530 $ 2.91 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 37.23 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 4.31 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 16.99 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 6.85 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ (96.93) 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 29.40 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 13.59 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6530 $ 3.71 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 51.52 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 18.93 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 8.74 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 21.54 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 46.59 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 36.29 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 65.99 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 10.67 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 4.31 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 10.66 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 68-68-6620 $ 25.67 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 152.34 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 5.03 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 10.66 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6530 $ 2.91 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 37.34 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 96.93 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 47.14 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6530 $ 4.36 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 6.60 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 2.32 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 1.04 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-46-6300 $ 39.80 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 1.45 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-07-6300 $ 11.63 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 6.28 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-46-6300 $ 19.41 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 6.24 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 1.93 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs
AP Check Register
July 15, 2025 through August 18, 2025
21 of 21
Vendor Fund-Dept-Acct Amount Check # Check date Description YANCEY LUMBER COMPANY 60-50-6300 $ 188.03 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 1.45 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-45-6300 $ 12.93 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 69-47-6300 $ 23.10 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 24.27 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 4.31 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 7.17 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 56.19 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 9.70 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 12.77 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6530 $ 4.35 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 6.60 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 23.30 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 49.91 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 1.04 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 16.98 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 106.90 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 8.74 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6530 $ 3.70 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 63-56-6300 $ 19.61 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-22-6300 $ 5.82 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 3.87 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-44-6300 $ 6.27 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 60-50-6300 $ 36.29 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 65.06 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-33-6300 $ 8.74 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 10-22-6300 $ 17.47 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs YANCEY LUMBER COMPANY 68-68-6620 $ 9.29 126737 8/6/2025 Dog Food/Misc Tools/Locks/light Bulbs $ 780.80 126737 Total
$ 764,073.34 Grand Total
MINUTES
NEWMAN CITY COUNCIL
REGULAR MEETING JULY 22, 2025
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 Pimentel.
4. Roll Call - PRESENT: Pimentel, Tomlinson, And Mayor Graham.
ABSENT: Mayor Pro Tem Ball And Harden.
5. Declaration Of Conflicts Of Interest - None.
6. Ceremonial Matters
a. Proclamation – National Health Center Week.
Mayor Graham Read And Presented A Proclamation Declaring The Week Of August 3rd - 9th As National Health Center Week In The City Of Newman.
Aluriel Ceballos, Government And Community Affairs Manager For Golden Valley Health Centers, Thanked The City Of Newman For Recognizing National Health Center Week And Acknowledging Golden Valley Health Centers. Ceballos Noted That Golden Valley Had Been Providing Healthcare Services To The Community Of Newman For Thirty-One Years.
7. Items from the Public - Non-Agenda Items - None.
8. Consent Calendar
a. Waive All Readings Of Ordinances And Resolutions Except By Title. b. Approval Of Warrants.
c. Approval Of Minutes Of The July 8, 2025 Meeting.
d. Adopt Resolution No. 2025-29, Approving The City Manager Or Fire Chief To Apply For And Execute Any Future Agreement With San Joaquin Valley Air Pollution Control District For Funding Through The Public Benefit Grants Program.
ACTION: On A Motion By Tomlinson, Seconded By Pimentel, The Consent Calendar Was Approved By The Following Vote: AYES: Pimentel, Tomlinson, And Mayor Graham; NOES: None; ABSENT:
Ball And Harden; NOT PARTICIPATING: None.
9. Public Hearings.
a. Adopt Resolution No. 2025-30, A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.
Council Member Pimentel Asked If The Said Property Was Accessible From The Alley.
Recreation Director/Community Liaison Mendoza Stated That It Was Currently Open On The Alley Side Of The Property And Noted That The Owner Planned To Clean Up The Issues And Place A Chain Link Fence Along The Rear Of The Property To Close It Off To The Public. Mendoza Noted That The Property Would Only Be Abated If The Owner Failed To Remedy The Nuisances Within The Next Month.
Mayor Graham Opened The Public Hearing At 7:11 P.M.
There Being No Public Comment, Graham Closed The Public Hearing At 7:11 P.M.
ACTION: On A Motion By Pimentel Seconded By Tomlinson, Resolution No. 2025-30, A Resolution Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4, Was Adopted By The Following Vote: AYES: Pimentel, Tomlinson, And Mayor Graham; NOES: None; ABSENT: Ball And Harden; NOT PARTICIPATING: None.
10. Regular Business - None.
11. Items From District Five Stanislaus County Supervisor.
Noelia Lopez, Field Representative For Supervisor Condit, Reported That The Supervisor Was Planning To Host A Newman Community Clean-Up Event In 2025.
12. Items From The City Manager And Staff.
City Manager Holland Reported That The City Would Be Conducting Police Recruit Interviews Later In The Week. Holland Pointed Out That The Countywide Economic Development Strategy (CEDS) Plan Identified Three Newman Projects, And They Included: The Rehabilitation Of The Foster Farms Site, A Business/Job Center At The McBride Site, And Adding Infrastructure To The Future Business Park At Jensen Road/Highway 33. He Stated That Staff Was Working On Grant Reimbursements For Costs Incurred Related To The Housing Element Update, As Well As Securing Grant Monies To Extend The Water And Sewer Lines Underground From Sherman Parkway To Jensen Road.
Recreation Director/Community Liaison Mendoza Reported That The City Had Hosted A Movie Night On The Previous Saturday And Mentioned That It Was A Successful Event. Mendoza Noted That The Last Movie Night Of The Summer Would Take Place On Saturday, August 16th. She Mentioned That The Youth Soccer Season Would Begin In September And Pointed Out That All Practices Would Take Place At Sherman Park.
Lieutenant Short Explained That The Annual National Night Out Event Would Be Held At Sherman Park On Tuesday, August 5th.
Public Works Director Spankowski Reported That A Resident Had Expressed Some Safety Concerns Regarding Lighting At Klehn Park And Noted That Staff Was Looking Into Adding Solar Lighting To Said Park. Spankowski Explained That A Notice To Proceed Was Awarded To American Pavement Systems For The Slurry Seal Project, And Pointed Out That Residents In The Affected Areas Would Be Notified Before The Project Commenced.
Chief Bowen Explained That The Fire Department Had Scheduled A Prescribed Burn For Saturday, July 26th. Bowen Stated That The Fire Department Would Be Participating In The Back To School Event On Saturday, August 2nd. He Noted That The Department Was In The Process Of Conducting Safety Inspections. Bowen Pointed Out That Fire Had Participated In The Community Clean-Up In Crows Landing. He Concluded By Stating There Would Be An Operational Area Council Meeting On Thursday, August 14th.
13. Items From City Council Members.
Mayor Graham Thanked Everyone For Their Attendance And For Their Participation In The Council Meeting.
14. Adjournment.
ACTION: On A Motion By Tomlinson, Seconded By Pimentel, And Unanimously Carried, The Meeting Was Adjourned At 7:19 P.M.
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.d.
City Council Meeting
of August 26, 2025
APPROVE AMENDMENT TO THE JOINT POWERS AGREEMENT WITH THE
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2025- , approving an amendment to Joint Powers Agreement Of The Central San Joaquin Valley Risk Management Authority and authorizing the City Manager to execute such agreement.
BACKGROUND:
The Central San Joaquin Valley Risk Management Authority's (CSNRMA) Joint Powers Authority was created and is operated for the purpose of pooling funds to provide coverage for indemnification, defense, and purchase excess insurance for certain civil claims involving general liability, workers' compensation, and property damage. The CSNRMA is comprised of 54 cities located in the Central San Joaquin Valley and provides self-insured coverage and group purchased coverage at lower costs.
The City joined Central San Joaquin Valley Risk Management Authority (CSNRMA) in the early 1980's not long after the RMA's formation in 1979. The CSNRMA Joint Powers Agreement (JPA) was last amended in 1994, and although the last amended agreement still meets the legal requirements as set forth in the government code for Joint Powers Authorities, the agreement needs to be updated.
ANALYSIS:
The CSJVRMA has reviewed and proposed an amendment to the Joint Powers Agreement that reflects the CSNRMA' s current practices, legal requirements, and operational needs. The agreement has been updated as follows:
~ Definitional terms have been defined more clearly.
~ Language has been broadened to give leeway in the event the CSNRMA wants to consider creating or participating in a captive agency.
~ An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JP As to designate a member whose restrictions would apply to the operations of the JP A. When multiple public agencies agree to work together under a joint powers agreement, the agreement needs to specify whose rules and limitations will govern the way that joint power is actually used. This ensures there's a clear framework for how the power will be exercised within the collaborative effort. The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JP A.
Joint Powers Agreement Amendments require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of each of the member cities. Any member city failing to receive signed by two-thirds (2/3rds) approval, or refusing to abide by such amendments, may be involuntarily terminated as a party to the Joint Powers Agreement.
FISCAL IMPACT:
All expenses are already integrated into the City Budget.
CONCLUSION:
Our city is a member of the CSJVRMA, and this Joint Powers Agreement Amendment is necessary to remain a member of the CSNRMA JP A and maintain all coverages. The agreement has been updated to reflect current practices, legal requirements, and operational needs. Staff recommends that City Council adopt Resolution No. 2025- , approving an amendment to Joint Powers Agreement Of The Central San Joaquin Valley Risk Management Authority and authorizing the City Manager to execute such agreement.
Agenda Item: 8.d.
ATTACHMENTS:
1. Resolution No. 2025- ,
2. CSJVRMA Letter regarding the Amended and Restated CSNRMA Joint Powers Agreement
3. Redline version of Joint Powers Agreement
4. Amended and Restated CSJVRMA Joint Powers Agreement
Respectfully submitted,
~~~ Mike Maier
City Clerk
REVIEWED/CONCUR:
Michael E. Holland
City Manager
RESOLUTION NO. 2025-
A RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT (JPA) OF
THE CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers' compensation, and property damage;
WHEREAS, the City of Newman is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of Newman is a member of the CSJVRMA;
WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two-thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Newman approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager is authorized and directed to execute such agreement.
The foregoing resolution was introduced at a regular meeting of the City Council held on the 26th day of August, 2025 by Council Member , who moved its adoption which motion duly seconded and was upon roll call carried and the resolution adopted by the following 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
Northern Region
Angels Camp
Atwater
Ceres
Escalon
Gustine
Hughson
Lathrop
Livingston
Newman
Oakdale
Patterson
Ripon
Riverbank
Sonora
Sutter Creek
Tracy
Turlock
Waterford
Central Region
Chowchilla
Clovis
Dinuba
Dos Palos
Firebaugh
Fowler
Huron
Kerman
Kingsburg
Los Banos
Madera
Mendota
Merced
Orange Cove
Parlier
Reedley
San Joaquin
Sanger
Selma
Southern Region
Arvin
Avenal
Corcoran
Delano
Exeter
Farmersville
Lemoore
Maricopa
McFarland
Porterville
Shafter
Taft
Tehachapi
Tulare
Wasco
Woodlake
CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200 • Sacramento, CA 95833 (916) 244-1100. (800) 541-4591
Fax (916) 244-1199 •E-Mail [email protected] DATE: July 14, 2025
TO: CSJVRMA Member City Councils
FROM: Jeanette Workman, Administrator
SUBJECT: AMENDED AND RESTATED CSNRMA JOINT POWERS AGREEMENTACTION REQUIRED The Central San Joaquin Valley Risk Management Authority's (CSJVRMA) staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, who will make recommendations to the Executive Committee, are conducting a full review of the CSJVRMA governing documents to ensure they continue to reflect the CSNRMA' s current practices, legal requirements, and operational needs.
Pursuant to action by the Central San Joaquin Valley Risk Management Authority's (CSJVRMA) Executive Committee on June 26, 2025, we are forwarding to you an Amended and Restated Joint Powers Agreement for presentation and approval by your city's city council at their earliest opportunity.
Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by twothirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.
Mr. Lavra advised the Executive Committee that although the Joint Powers Agreement, even as last amended in 1994, meets the legal requirements as set forth in the government code for Joint Powers Authorities, the document has been updated as follows:
• Definitional terms have been defined more clearly.
• Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency. • An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSNRMA last amended the Agreement. The change requires JP As to designate a member whose restrictions would apply to the operations of the JP A. Below is an excerpt from correspondence from Mr. Lavra:
"This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JP A. JP A's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JP A, exercise individually. However, the legislature wanted to place some restriction on the power of the JP A, without that JP A having to comply with all restrictions that might be in place for all of the members of the JP A. It would be unworkable, for instance, if the JP A had to satisfy or verify any and all CSJVRMA Member City Councils
July 14, 2025
restrictions from the ordinances of all of the members of the JP A when transacting the business of the JP A. In order to strike a balance, section 6509 permits the JP A to agree to any restrictions in its exercise of powers based on the restrictions of one identified member city."
The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.
To assist you in presenting this information to your city council for approval, a redline version of the Joint Powers Agreement is attached. Also attached are the following:
• A proposed new Joint Powers Agreement to be executed upon approval by your city council.
• A sample resolution that can be used to document the action taken by your city council in approving the Amended and Restated Joint Powers Agreement. This document is also being provided in a Word format to allow you to modify as appropriate for adoption by your council when approving the Amended and Restated Joint Powers Agreement.
Upon approval of the new Joint Powers Agreement by your city council, the final document needs to be executed by your City Manager/ Administrator or an authorized individual from your city. Please forward an original, signed copy of the new Joint Powers Agreement, along with a copy of the adopted and fully executed council resolution, to Samantha Zellmer, CSJVRMA Board Secretary, at the following address:
CSJVRMA
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
If you have any questions, please contact Jeanette Workman, CSJVRMA Administrator, at [email protected] or (916) 244-1110.
CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 2025±9-94
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
TABLE OF CONTENTS
ARTICLE 1 ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE Ill ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XI I ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................. 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10 ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
Table of Contents
ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXI I ..................................................................................... : ............................................ 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ... , ......................................... 12 ARTICLE XXlll ............................... ................................................ .................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV .. ............................................................................................................................... 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV ........................................................ ..... ..................................................................... 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVll ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVlll ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14 ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15
AMENDED JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of_-July., 2025±994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:
WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1. 1994 by a two-thirds vote of the Member Cities' city councils; and Joint Powers Agreement Page 1 Amended July 1 , 2025-±-9-9-4 WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary t o amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the- Member Cities by resolution of the City Councils of said Cities:
NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 2025±994, which concurrently supersedes that certain Agreement_ creating the Authority, dated April 1, 1979, and all amendments thereto.
Joint Powers Agreement Page 2 Amended July 1 , 2025 4
ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
"Agreement" shall mean the Joint Powers Agreement creating the Central San J.1::toaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the- Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority's Joint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage. excess insurance premiums. and administrative costs. charged forthe purpose of carrying outthe powers of the Authority. tF1ese fblREis d:iargee for the 13blr13ese sf self iRSblree ceverage . "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged forthe payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased,.-.! Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding Joint Powers Agreement Page 3 Amended July 1 , 2025±-9-9-4 of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating MeFNher Cities, containing the provisions setting forth the operations. policies. and provisions of a self-insured or pooled cove rage programL which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
4. Any limits or restrictions;
5. How Deposit Premiums are determined;
6. How refunds, if any, are determined;
7. Commitments required by participants; and
8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws; and has signed the Agreement. "Operating Fund" -shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. t
"Representative" shall mean the person,_ norn:ially the City Manager/." EIFNinistrator of the MeFNher Cit'/_, ·.vho has seen designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City's risk management functions (i.e .. finance, human resources. claims/losses. insurance. and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposureafett without purchasing insurance to cover the risk or a portion of the risk.
ARTICLE II
PURPOSES
The purpose of this Agreement is to provide joint powers common to each- Member City for insurance purposes; to pool self-insured claims and losses. to purchase or participate in excess pooling or excess insurance coverage. and to provide related administrative services including risk management. consulting. actuarial services. claims adjusting and legal defense services; anEI share .fi5*5t to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities- desiring to become parties to the Agreement.
Joint Powers Agreement Page 4 Amended July 1 , 2025±-9-9-4 ARTICLE Ill
CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority sha II not constitute debts, liabilities, or obligations of any party to this Agreement. ~ It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement. b The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
A-: Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement.,.......:...Each party to the Agreement shall be bound by this Agreement when two-thirds {2/3rds) of the city councils of the Member Cities have adopted this amended Agreement.,.......:...A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement.,.......:...Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities. ~ Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.
A. ELIGIBILITY
Joint Powers Agreement
ARTICLE V
MEMBERSHIP
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/ Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.
B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.
ARTICLE VI
TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities.,.-.:....When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided-:--.:.. This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.
ARTICLE VII
POWERS OF THE AUTHORITY
A. The A1:ttl=terity shall have all of the i;iowers common to Mefflber Gities ana all aaaitional powers set fortl=i iR SectioR 6§00, et. se1:1. a Rd SectioR 989, et. se1:1 . of tl=ie GovernFfleRt Code a Rd otl=ier applicaele lavo«. TRe 0 1:ttl=terity sl=iall l=iave all of tl=ie rigl=its, iFFtFFtl::lRities, pri·1ileges, a Rd EiefeRses afforsed eacl=i Member City a Rs pecl::lliarto tl=ie raarticl::llar Member City eeiRg Sides or agaiRst ·.vl=iicl=i tl=iere l=ias eeeR a claiFFt .
Pursuant to and to the extent required by Government Code section 6509. the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority. then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. te-ffiM ake and enter into contracts;
2. ffi-f!ncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City wl=iicl=i is a part of tl:iis AgreeFf'teRtexcept as otherwise provided;
Joint Powers Agreement Page 6 Amended July 1 , 2025 4
3. te-a8 ssess Member Cities as deemed appropriate for good ca1:Jse as determine El by the Executive Committee;
4. te-a8_cquire, hold, or dispose of real and personal property;
5. ffi-..f£ieceive contributions and donations of property, funds, services, and other forms of assistance from any source-s;
6. te-s§ue and be sued in its own name;
7. te-ef mploy agents and employees;
8. te-a8 cquire, construct, manage, and maintain buildings;
9. te-J.1ease real or personal property, including propertytf1.at of a Member City; and
10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
B. Whene·1er in this /\greement any consent er a1313re11al is rei;il::lireEI, the san:ie shall net Be 1:JnreasenaBly withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
A. STRUCTURE
ARTICLE VIII
BOARD OF DIRECTORS
The Authority shall be governed by a Board composed of one -Representative from each Member City, each serving in an individual capacity as a member of the Board.,........: .. ....Each Member City shall appoint one Representative.,.....:...Appointments shall be limited to the City Manager/ Administrator of each Member City or his/her authorized delegate.,---.:......Each Member City shall also appoint one alternate Representative-. - .:.......... The alternate Representative may attend and may participate in any meeting of the Board.,.......:... When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote.,-.:...Each Representative serves at the pleasure of the Member City being represented.,--.:...Each Representative has one vote as the member of the Board.,...........:.. Representatives are not entitled to compensation.,...........:.....However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.
B. MEETINGS OF THE BOARD
he Board shall hold at least two meetings each year.,.........:..... The -Executive Committee shall determinefix BY resol1-:1tion the date upon which and the hour and place at which each regular meeting is to be held.,__ _____________________ ~ The President may call for a special meeting ofthe Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary.,.....:... The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Joint Powers Agreement Page 7 Amended July 1 , 2025 4
Commented [JW1]: Meetings will continue t c
be adopted by the EC, but in a less
f o rmal manner than by reso lution.
notice of the special meeting being given.
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
The Authority shall have minutes of regular and special meetings kept.,-.:....As soon as possible after each meeting, copies of the minutes shall be forwarded to each -Member City.
A majority of the members of the Board is a quorum for the transaction of business.,--.:.
However, less than a quorum may adjourn from time to time.,--.:..A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.
C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction forthe Executive Committee, the officers, and the Administrator.,--'-The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments toTo cl:1aAge the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. Te-creation ofe any new Joint Protection Program;
3. Te-termination of ae any Joint Protection Program;
4. Te-expulsion ofe+ a Member City;
5. Te-adoption of an operating budget for the Authority;
6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and
7. Te- uthoriz ation for e-the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board.,.....:.. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
Joint Powers Agreement Page 8
ARTICLE XI
OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer.,-.:.. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable.,.-.:....All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents. he 13resi8eAt sAall a1313eiAt seFReeAe etAer tAaA tAe treas1::1rer ts 13erferFR tAe functions of auditor/controller of the Authority shall be performed by the Authority's ceAtracteel aelFRiAistratieA firFR officers or employees er iA l=le1::1se staff. er tl=le 13resi8eAt FRay ass1::1FRe tAese f1::1ActieAs as a cellateral el1::1ty sf tt:ie 13resieleAcy. TAe a1::1eliter/ceAtreller FRl::lst 13e a FReFRser ef tt:ie Seafd. The I t reasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. Tl=le 8earEI sl=lall requ ire tt:ie treas1::1rer aAd auEliter/ceAtreller ts file witR tl=le n1:1tt:ierit·1 aA efficial beAd iA tl=le aFRSl::lAt ts be foEed 13y tl=le Beard. Tl'le A1:1tt:ierity sl=lall 13ay tl'le cest of boAd 13reFRi1::1FRs req1::1ired by tl'lis sectioA. The Authority shall purchase a bond which includes coverage forthe duties performed by the Treasurer and the auditor/controller.
ARTICLE XII
JOINT PROTECTION PROGRAMS
I+: The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable.,-.:..All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws,,_.:.
All other Joint Protection Programs shall be optional.,--., . ...The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities. ~ Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program.!. and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program.,-.:..A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program,--.:..Separate accounting shall be maintained for each Joint Protection Program.
ARTICLE XIII
RESERVE FUNDS
The Authority may establish a fund forthe purpose of paying the losses and establishing a reserve Joint Powers Agreement Page 9 Amended July 1 , 2025 4
Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505 . 6 .
to cover the retained portion of losses that may be insured against by the Authority or the Member Cities.,--.:.... The funds treasurer shall invested and reinvest the funds in compliance with the Authority's Investment Policy and lrelevant &.?_tate law . and in the san:ie n:ianneras ifthey·.vere MeFRher City funds.
Refunds shall be made in accordance with the [Master Plan Document lfor each program.
ARTICLE XIV
OPERATING FUND
The Authority shall establish an Operating Fund.-The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate.,.....:....Just demands for payment shall be made by warrants in compliance with the adopted budget..-.:.... The warrants shall be paid as directed by the Executive Committee...-.:.... The Board may establish such otherfunds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.
The Board shall adopt a budget annually.
ARTICLE XV
BUDGET
ARTICLE XVI
FUNDING AND PROCEDURES FOR CALCULATING
ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.
ARTICLE XVII
RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
1. assist Member Cities in developing their risk management programs;
2. participate in risk management advisory committees formed by Member Cities;
3. provide loss prevention, safety, and security services;
4. provide all program- services as required by program Master Plan Documents;
5. provide loss analysis control by use of statistical analysis, data processing, and Joint Powers Agreement Page 10 Ame nded July 1 ,
2025-1-9-94
Commented [JR3]: This change is to allow
for the potential formation of a captive
entity , and investment under other state
laws .
Commented [JR4]: The MPD will be amended t
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.
record and file keeping services.,.......:.. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. conduct risk management audits to review the participation of each Member City in the program; and
7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
ARTICLE XVI 11
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1. pay all financial obligations to the Authority within the time prescribed;
2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
4. adopt a risk maAageffleAt program ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include. but are not limited to. adherence to and/or adoption of policies and procedures. support of initiatives deemed necessary for the properfunctioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority:
5. estal31isl=l a risk maAageffleAt advisory committee to work witl=l tl=le risk ma Rager of tl=le 0 1:1therit'(;
6. maiAtaiA a A active safety coffimittee;
7. report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;
8. permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;
9. ls1::1l3mit QJ!3 QPs to ttc:!e A1:1therit•,· COACl:ffFCAt witR tl:ie SblBFAissieA sates estal31isReB
10. 11.
submit underwriting information requested by the Authority on a timely basis; provide accurate statistical data concerning the Member City to the Authority when requested;
12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and
14. comply with risk management requirements established under the authority of this Agreement.
ARTICLE XIX
Joint Powers Agreeme nt Pa ge 11 Amended July 1 ,
2025-±-9-ft4
Commented [JWS]: This will be included in
the program master plan document
WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six {6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in t he Master Plan Document of any program.,--..:..A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
ARTICLE XX
INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds {2/3rds) vote of the Board for non-compliance with- any provision of the governing documents.,--.:.._Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.
ARTICLE XXI
CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.
ARTICLE XXll
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A-: In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether con tinge nt or not, by the said withdrawing or terminated Member City~ -.:.... The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority.,......:.. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority-. - ..:__Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to Joint Powers Agreement Page 12 Amended July 1 ,
2025-±-9-94
participate in any pooled Joint Protection Programs.
ARTICLE XXlll
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all otherfunctions necessary to conclude the affairs of the Authority~ -.:....The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority.,-.:.. Upon completion of the liquidation and dissolution of the Authority, the Authority sha II pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.
ARTICLE XXIV
AUDIT
A: The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.
Joint Powers Agreement Page 13 Amended July 1 ,
2025-±-9-94
ARTICLE XXV
ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.
ARTICLE XXVI
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,
AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.
ARTICLE XXVll
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement.,..-_,_l n the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
ARTICLE XXVI 11
AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement.,.--.:...Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
Joint Powers Agreement Page 14 Amended July 1 ,
2025-:1:-944
ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
Dated: ____ _
Joint Powers Agreement
MEMBER CITY
BY:
2025-±-9-94
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025
TABLE OF CONTENTS
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I - DEFINITIONS ................................................................................................................. 2 ARTICLE II - PURPOSES ................................................................................................................... 4 ARTICLE Ill - CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV- PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V- MEMBERSHIP .............................................................................................................. 5 ARTICLE VI -TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII - POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII - BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX- BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X - EXECUTIVE COMMITIEE ............................................................................................. 7 ARTICLE XI - OFFICERS .................................................................................................................... 8 ARTICLE XII - JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII - RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV- OPERATING FUND .................................................................................................... 9 ARTICLE XV - BUDGET ..................................................................................................................... 9 ARTICLE XVI - FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII - RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII - RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX - INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI - CONTINUED LIABILITY ............................................................................................ 11 CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents
ARTICLE XXll - REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXlll -TERMINATION OF AUTHORITY ............................................................................. 11 ARTICLE XXIV - AUDIT ................................................................................................................... 12 ARTICLE XXV-ARBITRATION ......................................................................................................... 12
ARTICLE XXVI - BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVll - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVlll -AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:
WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and Joint Powers Agreement Page 1 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:
NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.
ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
11Administrator 11 shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
"Agreement" shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
11Authority11 shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors11 or 11Board11 shall mean the governing body of the Authority. 11Broker 11 shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
11Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority's Joint Protection Programs as developed by the Board.
"Deposit Premium11 shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
11Executive Committee11 shall mean the elected officers and the representatives appointed by each region to represent that region.
Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 "Fiscal Vear" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
4. Any limits or restrictions;
5. How Deposit Premiums are determined;
6. How refunds, if any, are determined;
7. Commitments required by participants; and
8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/ Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City's risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control).
Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.
ARTICLE II
PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.
ARTICLE Ill
CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.
It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.
The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.
A. ELIGIBILITY
ARTICLE V
MEMBERSHIP
To b~ a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/ Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.
B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.
ARTICLE VI
TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.
This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.
ARTICLE VII
POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. Make and enter into contracts;
Joint Powers Agreement Page 5 Amended and Restated July 1, 2025
2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;
3. Assess Member Cities as deemed appropriate by the Executive Committee;
4. Acquire, hold, or dispose of real and personal property;
5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
6. Sue and be sued in its own name;
7. Employ agents and employees;
8. Acquire, construct, manage, and maintain buildings;
9. Lease real or personal property, including property of a Member City; and
10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
A. STRUCTURE
ARTICLE VIII
BOARD OF DIRECTORS
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/ Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.
Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.
B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special Joint Powers Agreement Page 6 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.
A majority of the members of the Board is a quorum for the transaction of business.
However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.
C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction forthe Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. Creation of any new Joint Protection Program;
3. Termination of any Joint Protection Program;
4. Expulsion of a Member City;
5. Adoption of an operating budget for the Authority;
6. Amendments to the Authority's Conflict of Interest Code; and
7. Authorization for the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
Joint Powers Agreement Page 7 Amended and Restated July 1, 2025
ARTICLE XI
OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.
The functions of auditor /controller of the Authority shall be performed by the Authority's officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.
ARTICLE XII
JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.
All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.
B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.
ARTICLE XIII
RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.
Refunds shall be made in accordance with the Master Plan Document for each program.
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ARTICLE XIV
OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.
ARTICLE XV
BUDGET
The Board shall adopt a budget annually.
ARTICLE XVI
FUNDING AND PROCEDURES FOR CALCULATING
ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.
ARTICLE XVII
RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
1. Assist Member Cities in developing their risk management programs;
2. Participate in risk management advisory committees formed by Member Cities;
3. Provide loss prevention, safety, and security services;
4. Provide all program services as required by program Master Plan Documents;
5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose ofthis information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. Conduct risk management audits to review the participation of each Member City in the program; and
7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
Joint Powers Agreement Page 9 Amended and Restated July 1, 2025 ARTICLE XVI 11
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1. Pay all financial obligations to the Authority within the time prescribed;
2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;
5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;
6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;
7. Submit underwriting information requested by the Authority on a timely basis;
8. Provide accurate statistical data concerning the Member City to the Authority when requested;
9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and
11. Comply with risk management requirements established under the authority of this Agreement.
ARTICLE XIX
WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
Joint Powers Agreement Page 10 Amended and Restated July 1, 2025
ARTICLE XX
INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.
ARTICLE XXI
CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.
ARTICLE XXll
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.
ARTICLE XXlll
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority.
Joint Powers Agreement Page 11 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.
ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.
ARTICLE XXV
ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.
ARTICLE XXVI
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,
AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.
ARTICLE XXVll
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 ARTICLE XXVlll
AMENDMENTS
This Agreement may be· amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
MEMBER CITY
BY:
Joint Powers Agreement Page 13 Amended and Restated July 1, 2025
RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT OF THE
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers' compensation, and property damage; WHEREAS, the City of __ is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of __ is a member of the CSJVRMA;
WHEREAS, the Joint Powers Agreement which was created establishing the CSNRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated Julyl, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
The City hereby resolves:
IT IS HEREBY RESOLVED that the City Council of
approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager/Administrator is authorized and directed to execute such agreement.
The forgoing resolution was adopted this __ day of _____ , 20_ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR/CITY MANAGER
ATTEST:
CITY CLERK
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.e.
City Council Meeting
of August 26, 2025
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH SYMBIUM
TO MEET SENATE BILL (SB) 379 REQUIREMENTS
RECOMMENDATION:
Authorize the City Manager to execute an agreement with Symbium to provide cloud-based software services to meet the requirements of Senate Bill (SB) 3 79.
BACKGROUND:
SB 379 was signed into law on September 16, 2022, requiring every city with a population greater than 5,000 and county with a population greater than 150,000 to implement an online, automated permitting platform that verifies code compliance. The platform will also issue permits in real time or allow the city and county to issue permits in real time for a residential solar energy system and a residential energy storage system paired with a residential solar energy system. The purpose of SB 379 is to reduce the time and cost to solar projects for homeowners, contractors, and staff, as well as meeting California's clean energy goals.
ANALYSIS:
The City's Building Official has evaluated various options to meet SB 379's requirement and identified Symbium as the most effective option for the City's needs. Following a discussion of Symbium's experience with working with cloud-based software-as-a-service (SaaS) solutions and a demonstration, staff recognizes Symbium as the most effective option for the City's needs. Key features of the service will include: pre-checked permit applications, a smart, public-facing permit submission platform, compliance with state solar permitting mandates, faster project approvals, and a reduction in staff workload. The City and Symbium will renew the agreement every year unless either party provides a written notice at least thirty (30) days prior to terminating the agreement. The terms of the agreement are identified in Attachment 1.
FISCAL IMPACT:
There is no fiscal impact to the City. There is no fee to the City for enabling Symbium's public-facing permitting interface and no annual or ongoing fees payable by the City. Symbium' s service fees will be a part of the permit application process.
CONCLUSION:
City staff has assessed Symbium's qualifications and cloud-based software and found them to meet SB 379 requirements. Therefore, staff recommends that the Council authorize the City Manager to execute an agreement with Symbium to provide cloud-based software services to meet the requirements of SB 379, which mandates streamlined solar energy system permitting. The City and Symbium will renew the agreement every year unless either party provides a written notice at least thirty (30) days prior to terminating the agreement.
ATTACHMENTS:
1. Symbium Master Licensing Agreement Newman
2. Symbium Statement of Qualification Newman
Building Permit Technician REVIEWED/CONCUR
Michael Holland
City Manager
SYMBIUM MASTER LICENSING AGREEMENT
This Master Licensing Agreement (the "Agreement") is by and between Symbium Corp., with business offices located at 912 Cole St., #375 San Francisco, CA 94117, ("Symbium"), and the City of Newman, with business offices located at 938 Fresno Street, PO Box 787, Newman, CA 95360 (the "Licensee"). This Agreement shall be effective on the last signature date provided on the signature block hereto ("Effective Date"). Each of Symbium and Licensee is a "Party" and together they are the "Parties".
WHEREAS, Symbium has developed and maintains a range of cloud-based software-as-a-service ("SaaS") solutions to streamline certain planning, zoning, building, permitting, or other government-facing and constituent-facing processes.
Symbium provides Services under the trade names identified in an applicable Order and as described on Symbium's Site.
WHEREAS, Symbium agrees to provide Services to Licensee pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, the Parties hereto, for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
In addition to the capitalized terms defined throughout this Agreement, the following terms when used herein shall have the respective meanings assigned to them below:
1.1. "Affiliate", with respect to either Party, shall mean any entity, including and without limitation, any individual, corporation, company, partnership, limited liability company, or group, that directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. Any references to Licensee herein shall also include reference to Licensee Affiliates.
1.2. "API" shall mean application programming interface, which shall enable Symbium to either read from and/or write into a third-party application.
1.3. "End-User" shall mean any individual who is authorized to use the Services.
1.4. "Licensee Data" shall mean any data, excluding Symbium Data, that is collected, used, maintained, processed, stored, or generated exclusively by or on behalf of Licensee.
1.5. "Licensee Services" shall mean Licensee's open data services, GIS services, and APis with which the Solutions communicate in order to correctly perform the intended functionality.
1.6. "Order" shall mean either: (i) any specific sales quotations or orders as agreed to in writing and signed by the Parties from time to time; or (ii) as set forth in the applicable Symbium payment summary screen. Each Order is hereby incorporated by reference into this Agreement as Exhibit "A" and shall be numbered sequentially as Exhibit A-1; A-2; A3 and so on. If there are any inconsistencies or conflicts between this Agreement and an Order, the inconsistent or conflicting terms of the Order shall govern.
1. 7. "Professional Services" shall mean any live support, consulting, training, or development services or other services as specifically described and priced in the applicable Order.
1.8. "Service Description" shall mean any description of Symbium's Services that are advertised on Symbium's Site or in the applicable Order, Symbium's knowledge base, applicable operator and user manuals or guides, designs, technical reference manuals, flow diagrams, file descriptions, Service descriptions found on the Symbium site, and any other written materials pertaining to the use of the Solutions.
1.9. "Services" shall mean the Solutions and the Site, which are provided to Licensee by Symbium pursuant to the terms of this Agreement.
1.10. "Site" shall mean the Symbium website, located at www.symbium.com.
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1.11. "Solutions" shall mean the cloud-based SaaS web applications, which are identified in the applicable Order, along with all associated updates.
1.12. "Solution Updates" shall mean any Solution-specific version updates that are deployed to ensure the functionality of the Solutions in accordance with the Services Descriptions. Solution Updates shall exclude additional or new Solutions, even if such additional or new Solutions contain similar functionality as other Solutions.
1.13. "Support" shall mean the email support services provided by Symbium to Licensee during the Term.
1.14. "Symbium Data" shall mean any electronic data and publicly accessible or available data and shall include all computable laws and regulations that are embedded in the Solutions but shall exclude Licensee Data.
1.15. "Symbium Integrations" shall mean any additional SaaS solutions that Symbium develops and deploys, which may be integrated into or linked from the Solutions.
1.16. "Third-Party Services" shall mean any third-party products or services, including but not limited to, software or materials incorporated into or provided as part of the Solutions or software that Symbium integrates into via an available APL
1.17. "Transaction Services" shall mean the public-facing permit or plan compliance check and incentives Services offered by Symbium.
2. SERVICES
2.1. Orders. Symbium shall provide the Services in accordance with the applicable Order.
2.2. Changes. No change to the Order shall be implemented unless it has been approved in writing signed by an authorized representative of each Party (each, a "Change Order Amendment"). Upon Licensee's and Symbium's execution of the Change Order Amendment, the Change Order Amendment shall be incorporated into and become part of the applicable Order.
3. LICENSE
3 .1. License Grant. Subject to the terms and conditions of this Agreement, Symbium hereby grants Licensee a nonexclusive, nontransferable, worldwide license ("License") during the Term to access and use the Solutions. Symbium reserves all rights not expressly granted to Licensee. The License granted to Licensee pursuant to this Agreement will permit use of the Solutions that are set forth in the Order. Any Licensee Affiliate may also add additional Services under this Agreement via a new Order. LICENSEE SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY LICENSEE AFFILIATE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
3.2. Usage Restrictions. Except as permitted by this Agreement, the Solutions may not be decompiled, reverse engineered, disassembled, transferred, distributed in an unauthorized manner, resold, sublicensed, or used to create any derivative works. Licensees may not use any software (including network monitoring or discovery software) to determine the Site's or Service's architecture, or extract information about usage or individual identities of users. Licensee may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any parts thereof. Except as expressly permitted in this Agreement, Licensee may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) "frame" or "mirror" any Solutions on any other server or wireless or Internet-based device. Licensee may use the Solutions only for its intended purposes and shall not: (i) send spam or otherwise excessive, duplicative, or unsolicited messages; (ii) send, store, or transmit any infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or its related systems or networks; or (vi) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit.
3.3. Third-Party Services. In the event that Symbium agrees to certain integrations to Third-Party Services, Licensee shall secure the necessary permissions, when applicable, for Symbium to perform its mutually agreed-upon tasks.
Symbium is not responsible for any modification, loss, usage, disclosure, transmission, or deletion of any Licensee Data resulting from its access to a Third-Party Service or any outputs generated by the Solutions for uploading into Third-Party
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Services. Licensee shall be responsible for all third-party costs resulting from its requested integrations with any ThirdParty Service. In the event that Licensee wishes to use a Symbium-developed API, Symbium cannot warrant or guarantee that a Third-Party Service will continue to make access available to Symbium via such APL
4. PROFESSIONAL SERVICES
4.1. Professional Services. As mutually agreed by the Parties, and in conjunction with the Services, Symbium may perform certain Professional Services, which may include certain implementation, training, or other expert services.
Such Professional Services shall be provided for a separate fee, which will be specified in an applicable Order in accordance with the terms and conditions of this Agreement. Such Professional Services shall be provided in a manner that is consistent with applicable industry standards, and if such standards are not met (with a reasonable opportunity to cure following written notice from Licensee), Licensee's sole remedy shall be the re-performance of such Professional Services.
5. SUPPORT
5.1 Suooort. Symbium will provide Support during the Term of this Agreement as set forth in the Order. Any Support requests should be directed to the following: [email protected].
6. LICENSEE OBLIGATIONS FOR CONFIGURED OR IMPLEMENTED SERVICES Where Symbium is configuring or implementing Services for Licensee, the following shall apply:
6.1. Designation of Licensee Project Manager. Licensee shall designate a project manager who shall be accessible by email throughout the Term of the Agreement and shall provide reasonably prompt responses to Symbium's requests and communications.
6.2. Testing Period and Feedback. Licensee will be provided with an opportunity to provide feedback and request functional changes to the Solutions prior to public launch. Symbium shall also perform any requested bug fixes during this period and on an ongoing basis.
6.3. Hosting Link to Solutions. Upon the public launch of any public-facing Solutions that are configured or implemented for Licensee, Licensee shall place a prominent link and dedicated landing page to such Solutions on its public-facing website at the location where End-Users would normally visit for information on related services. This link and landing page shall be maintained by Licensee during the Term of the Agreement with support from Symbium.
6.4. Notification of Changes. Where Solutions are configured using laws or regulations provided by Licensee, Licensee shall cooperate with Symbium to help identify the publicly accessible online publications of those regulations and Symbium shall then establish a protocol to ensure timely notifications of changes to the regulations underlying the applicable Solutions and the data provided by the applicable Third-Party Services. In the absence of publicly accessible regulations that are published online, Licensee shall notify Symbium in writing (email is sufficient) of such changes.
7. PROPRIETARY RIGHTS
7 .1. Symbium Properties. The Services and any underlying platform technology ("Symbium IP") are owned or licensed by Symbium and protected by U.S. and international copyright, trademark, service mark, trade secret, patent and/or other proprietary rights and laws. All Solutions shall be hosted on Symbium's designated servers at all times and Symbium will retain control over all user experience or user interface design of Solutions. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to Licensee any license or right under copyright or other intellectual property right law. No part of the Symbium IP may be altered, copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement. Licensee shall not take any action that shall interfere with or diminish Symbium's right in any of the Symbium IP. Symbium shall retain ownership and title of any Solutions that it creates, even if created on a custom basis for Licensee.
7.2. Licensee Data and Symbium Data. As between Symbium and Licensee, Licensee shall, at all times, own or obtain the appropriate permissions to use the Licensee Data and shall be responsible for the accuracy and adequacy of any and all Licensee Data as well as establishing any required legal terms and conditions prior to the use of any Licensee
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Data. Licensee shall obtain all prior consents, internally or from relevant third parties, prior to uploading and using any Licensee Data to the Solutions. Licensee grants to Symbium a non-exclusive, royalty-free, worldwide license during the Term to access and use the Licensee Data for the purpose of delivering the Services, which may include the aggregation of such data in an anonymized manner for benchmarking and other purposes. S ymbium' s right to use S ymbium Data shall be governed by its own policies, including its Privacy Policy, available at https://symbium.com/privacy ("Privacy Policy").
7.3. Symbium Integrations. Nothing shall prevent Symbium from developing and deploying Symbium Integrations, which Symbium may do at any time in its sole discretion. Symbium Integrations shall not diminish or degrade the functionality of the Solutions in the applicable Order at any time.
7.4. License to Use Feedback. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into the Services any feedback, suggestions, requests, or recommendations relating to the Services.
7.5. Usage Data. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into its own support offering, product development, operational plans, and sales or marketing materials, any anonymous usage data acquired from Licensee's account and use of the Solutions.
7.6. References to Licensee I Press Release. Upon execution of this Agreement, Symbium may make references to Licensee and Licensee's URL and may use Licensee's designated trademark and logo for the limited purpose of publishing it on Symbium's current list of Licensees located on the Symbium Site. Symbium may also respond to any inquiry regarding whether Licensee is a licensee and user of the Services. Additionally,_upon execution of this Agreement, each Party may issue a press release announcing the Parties' relationship under this Agreement.
8. FEES AND PAYMENTS
8.1. Fees. Symbium shall charge either Licensee or End-Users, as applicable, for the Services provided by Symbium hereunder as specified in the applicable Order.
8.2. Payment Methods. Symbium accepts payments for its Services from Licensee, if any, via check or electronic funds transfer and will cooperate, in good faith, to accommodate Licensee's preference in either case. Payments for Transaction Services by End-Users shall be made by credit card.
8.3. Application of Fees for Transaction Services. Symbium's Transaction Services fees shall be on a per-plan check basis, and not on a per permit basis. By way of example, automated compliance check Services performed on a solar permit project, energy storage project, and main electrical panel upgrade, each of which would have normally qualified for their own separate permits, would be subject to separate Symbium Service fees, even if those projects were submitted by the End-User to Licensee in a single, combined permit.
8.4. Payment Terms. All pricing and payments are and shall be in U.S. dollars.
8.4.1. Fees to Licensee. With respect to fees charged to Licensee, Licensee shall pay each invoice as stated in the Order or, if no due date is stated, within 30 days of receipt urJess it has a bona fide dispute with respect to payment of such invoice or portion thereof. If there is a bona fide dispute regarding any invoice rendered or amount paid, the disputing Party shall notify the other by written notice thereof, and the Parties shall use their best efforts to resolve such dispute expeditiously. If an aggrieved Party notifies the other in writing of a disputed invoice or payment, and there is a good faith basis for such dispute, the time for paying the portion of the invoice in dispute shall be extended by a period of time equal to the time between receipt of such notice and the resolution of such dispute. Undisputed portions of any invoice shall be paid as stated above.
8.4.2. Fees to End-Users. Symbium's fees to End-Users for Transaction Services shall be inclusive of Symbium's Service fees (E.g., a per plan check fee) and payment processing fees. In the event that Symbium is also processing any Licensee fees (E.g. government fees) on behalf of Licensee, those fees shall also be charged to the End-User. Symbium's most current fees to End-Users are published at https://symbium.com/pricing. Symium reserves the right to increase its Service fees to End-Users once each calendar year with at least 30 days advance public notice (I.e. on Symbium's Site) and written notice to Licensee.
8.5. Payment Processing Fees. Fees charged to End-Users for Symbium's Transaction Services are nonrefundable. As between Symbium and Licensee, Symbium shall assume any credit card fees charged by Symbium's thirdparty payment processors for Transaction Services that are processed on Symbium. As applicable, Symbium may pass
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through to End-Users any credit card processing fees charged by either of Symbium's or Licensee's payment processor (I.e., in cases where the Licensee charges $100 + $5 credit card processing fee for a total of $105, Symbium may pass through the $5 additional Licensee processing fee directly to the End-User.).
8.6. Taxes. Licensee shall be financially responsible for all sales or services taxes that are assessed on the provision of the Services to Licensee, excluding any withholding or export taxes or taxes based upon Symbium's income.
To the extent Symbium is required to collect such taxes under applicable Law, Symbium, to the extent legally or otherwise required, shall separately state the amount of tax due on its invoices to Licensee. Licensee and Symbium shall cooperate to segregate the fees into: (i) those for taxable Services and (ii) those for nontaxable Services. The Parties shall reasonably cooperate with each other to more accurately determine each Party's tax liability and to minimize such liability, to the extent legally permissible. In addition, Symbium shall provide and make available to Licensee any information regarding the computation of any such taxes as reasonably requested by Licensee. Symbium shall not pay any taxes based on the Services that Licensee and Symbium disagree on as to whether a tax is due without affording Licensee a reasonable amount of time after being called upon by the taxing authority to pay such tax to dispute the payment of such tax, at Licensee's expense, in the appropriate legal forum.
9. CONFIDENTIALITY
9.1. Confidentiality. Except as set forth in Sections 9.2 and 9.3, as applicable, Each Party agrees to maintain the confidentiality of the other Party's Confidential Information as defined herein. "Confidential Information" means all information concerning a Party's business not generally known to the public, whether or not marked as confidential. By way of illustration only, Confidential Information may include Licensee Data, trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information, whether or not such information is marked as confidential. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act of the receiving Party, becomes publicly known; (iii) is readily observable and I or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party's Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of this Agreement. Each Party's officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party's Confidential Information than this Agreement. Each Party acknowledges that any actual or threatened violation of this Section may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain, and therefore agrees that the disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law and/or in equity. Nothing in this Section shall prohibit Symbium from disseminating aggregated information that contains no Confidential Information of Licensee.
9.2. Public Agency Exceptions and CPRA. This Section 9.2 shall apply to any Licensee that is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA") or substantially similar requirements (the "Public Agency Exceptions"). Notwithstanding any other obligations set forth in Section 9, Licensee is not obligated to act in any way that is contrary to any requirements under the CPRA or Public Agency Exceptions. Symbium shall identify information that is protected under the CPRA or Public Agency Exceptions and shall clearly mark such information as."CONFIDENTIAL AND PROPRIETARY", including identification of the specific lines containing such confidential and proprietary information subject to nondisclosure. In the event of a request for such information, Licensee will provide written notice to Symbium prior to such disclosure. For information that Symbium wishes to protect from public disclosure, Symbium must obtain a protective order, injunctive relief or other appropriate remedy from a court of law in either San Francisco County or the Licensee's County before the Licensee is required to respond to the CPRA request. If Symbium fails to obtain such remedy within the time the Licensee is required to respond to the CPRA or Public Agency Exceptions request, Licensee may disclose the requested information. 9 .3. Cooperation. In the event of any unauthorized use or disclosure or loss of any Confidential Information of the disclosing Party, the receiving Party shall promptly, at its own expense: (i) notify the disclosing Party in writing; (ii) take such actions as may be necessary or reasonably requested by the disclosing Party to minimize the violation or the
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damage resulting therefrom; and (iii) cooperate in all reasonable respects with the disclosing Party to minimize the violation and any damage resulting therefrom.
9.4. Limitation. Notwithstanding the provisions of this Section, Symbium may disclose Licensee's Confidential Information, which includes personally identifying information and End-user activity: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Symbium shall comply with any applicable protective order or equivalent and, unless prohibited by law, Symbium will employ commercially reasonable efforts to provide Licensee with prior written notice, so that Licensee has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by Licensee for that purpose.
10. REPRESENTATIONS AND WARRANTIES
10.1. Power and Authorization. Each Party hereby represents, warrants, and covenants to the other Party that (i) it is duly organized, validly existing and in good standing under the Laws of the state of its domicile and is in good standing in each other jurisdiction in which such qualification is required by Law; (ii) it has power and authority to transact the business it transacts and proposes to transact and to execute and deliver this Agreement and to perform the obligations under this Agreement, and (iii) its entry into this Agreement does not violate or constitute a breach of any agreement to which it is a Party or otherwise bound.
10.2. Compliance with Law. Each Party hereby represents, warrants, and covenants to the other Party that in performing its obligations and exercising its rights under this Agreement, it will comply (and shall require all of its personnel providing Services hereunder to comply) with all applicable Laws.
10.3. By Licensee. Licensee hereby represents, warrants, and covenants to Symbium that: (i) it has obtained all the appropriate consents required by law to ensure that Licensee and Symbium have the right to use the Licensee Data in association with the Services and, if applicable, as described in Symbium's Privacy Policy; and (ii) it will not use the Service to collect, upload, retrieve, transmit, send, and/or store any sensitive personally identifiable information in violation of any applicable laws. Symbium reserves the right to delete any Licensee Data that is in violation of any terms in this Agreement or of any applicable laws.
10.4. Disclaimer of Additional Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, SYMBIUM
EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SYMBIUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT FUTURE PRODUCT FEATURES OR FUNCTIONALITY.
11. INDEMNITIES
11.1. General Indemnities. Each Party ("Indemnifying Party") shall defend, indemnify and hold the other Party ("Indemnified Party") and its Affiliates and their respective officers, directors, employees, agents, contractors, successors, and assigns harmless from and against any and all damages, losses, fines, penalties, costs, and other amounts (including reasonable attorney's fees and expenses) (collectively, "Losses") arising from or in connection with any actual judicial causes of actions by third parties (each a "Claim") to the extent such Claim is based on or arises from or relates to (i) any breach or default of any provision of this Agreement by the Indemnifying Party; or (ii) negligent or intentional acts or omissions caused by the Indemnifying Party or its Affiliates and their respective officers, directors, employees, agents, contractors, successors and assigns. Further, Licensee shall defend, indemnify, and hold Symbium harmless from any Losses arising from or in connection with any Claims to the extent that such Claim is based on or arises from or relates to Licensee's misappropriation or misuse of any Licensee Data or any of Licensee's obligations to third parties relating to such Licensee Data. Notwithstanding any Symbium obligations to indemnify Licensee in this Agreement, any indemnification by Symbium shall be limited to the actual amount covered by Symbium's insurance for that particular Claim.
11.2. Indemnification Procedure. Each Indemnified Party shall provide the Indemnifying Party with prompt written Notice of any Claim for which the Indemnified Party is seeking or may seek indemnification hereunder (provided that the failure of the Indemnified Party to promptly notify the indemnifying Party hereunder shall not relieve the Indemnifying Party of any liability with respect to the Claim, except to the extent the Indemnifying Party demonstrates that the defense of the Claim is prejudiced by such failure). The Indemnified Party shall provide reasonable cooperation (at the Indemnifying Party's expense) and retain full authority to defend or settle the Claim. The Indemnifying Party shall keep the Indemnified Party fully informed concerning the status of any litigation, negotiations or settlements of any such
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Claim. The Indemnified Party shall be entitled, at its own expense, to participate in any such litigation, negotiations and settlements with counsel of its own choosing. The Indemnifying Party shall not have the right to settle any Claim if such settlement arises from or is part of any criminal action or proceeding, or contains a stipulation to, or an admission or acknowledgement of, any wrongdoing (whether in tort or otherwise) on the part of the Indemnified Party without the prior written consent of such Indemnified Party.
12. LIMITATION OF LIABILITY
12.1. THE LIABILITY OF SYMBIUM AND LICENSEE TO EACH OTHER FOR ANY AND ALL
CAUSE(S) OF ACTION, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT,
NEGLIGENCE OR ANY OTHER), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH
OF THIS AGREEMENT WILL IN NO EVENT EXCEED THE AVERAGE MONTHLY FEES CONVERTED TO AN ANNUALIZED BASIS. LICENSEE ACKNOWLEDGES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 12.1
IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL
LIABILITY GIVEN THE FEES, WHICH WOULD HA VE BEEN SUB ST ANTIALL Y HIGHER IF SYMBIUM WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. SYMBIUM HAS RELIED ON
THESE LIMIT A TIO NS IN DETERMINING WHETHER TO PROVIDE LICENSEE WITH THE RIGHTS TO ACCESS AND USE THE SERVICES PURSUANT TO THIS AGREEMENT.
12.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FROM
LOST PROFITS, LOST USE, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN
CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. NOTWITHSTANDING THE FOREGOING, SECTION 12.1 AND SECTION 12.2 WILL NOT APPLY TO: (I) CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR CRIMINAL ACTS OR OMISSIONS; (II) BREACH OF CONFIDENTIALITY OR INTELLECTUAL PROPERTY; (III) ANY THIRD PARTY CLAIMS SUBJECT TO THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT; OR (IV) THE BREACH BY EITHER PARTY OF THEIR REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 10.
13. COOPERATION
13 .1. Cooperation. Each Party shall inform the other Party of any legal claims, demands or complaints brought:
(i) by a third party relating to the Services or products provided by Symbium to Licensee under this Agreement; or (ii) to any regulatory body relating to this Agreement or anything acquired hereunder. The Parties shall cooperate with each other with respect to the resolution of such complaints. For the avoidance of doubt, the Party against whom the complaint was made shall control the response to any regulatory body, if any, with respect to any such complaint.
14. TERM AND TERMINATION
14.1. Term. The initial term of this Agreement shall be as set forth in the applicable Order ("Initial Term") and shall thereafter be renewed by the Parties for recurring one (1) year periods ("Subsequent Term") unless either Party provides the other Party with at least thirty (30) days prior written notice of termination or intention not to renew prior to the commencement of the next annual period. The Initial Term and Subsequent Term may collectively be referred to as the "Term". Licensee further reserves the right to terminate this Agreement at any time within 30 days of receipt of a notice of service fee increase to it or to End-Users.
14.2. Termination for Breach. Either Party may terminate this Agreement upon written notice to the other Party if such other Party commits a material breach of this Agreement and does not cure such breach within fifteen (15) days following its receipt of notice thereof from the terminating Party. No refunds shall be issued to Licensee in the event of termination under this Section 14.2 by Symbium for an uncured material breach by Licensee. Symbium shall issue a prorated refund of prepaid but unused fees to Licensee in the event that Licensee terminates this Agreement under this Section 14.2 for an uncured material breach by Symbium. "Material breaches" include: (i) failure by Symbium to deliver the Services as agreed under this Agreement; (ii) any breach of Section 7 (Proprietary Information); (iii) any failure by Licensee to pay fees when due; (iii) or any breaches by either Party of Sections 3 (License), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnities), or 13 (Cooperation). Any termination of this Agreement will automatically terminate any incorporated Orders.
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14.3. Suspension of Services. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Symbium's Site or in connection with Symbium's Services may result in immediate suspension of access to certain Solutions or termination of this Agreement with no refund and without limitation of any other available legal remedies. Symbium may suspend Licensee's access to any Services until all overdue payments are paid in full.
Delinquent invoices are subject to interest of one percent (1.0%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Licensee will continue to be charged for the remainder of the term for any delinquent accounts. Licensee acknowledges and agrees that, unless otherwise required in this Agreement, Symbium has no obligation to retain any data on behalf of Licensee and that such data, if any, may be irretrievably deleted upon termination of this Agreement.
14.4. Remedies Not Limiting. The remedies provided in this Section 14 are in no way limiting of one another or of any other rights and remedies granted to either Party under this Agreement. Symbium may choose to, but is not required to, place Licensee's account on suspension in lieu of termination where termination is permitted under the terms of this Agreement or take other appropriate action.
15. MISCELLANEOUS
15.1. Notices. Any demand, notice, or other communication required or permitted hereunder shall be effective if in writing and either sent by trackable courier or email to the recipients listed in the Order. Notices by courier shall be effective upon proof of delivery by either Party. Email notices shall be effective upon confirmation of receipt by the receiving Party. Either Party may change its notice address by providing the other Party with notice of the change in the same manner required in this Section 15 .1.
15.2. Assignment; Binding Effect. Neither Party shall assign or transfer this Agreement nor delegate any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon written notice to Licensee, Symbium may assign this Agreement to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets.
Any assignment, transfer or delegation of rights or obligations hereunder in contravention of this Section shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the Parties to this Agreement and their respective successors and permitted assigns.
15.3. Dispute Resolution; Equitable Relief. The Parties agree that, in the event of a dispute or alleged breach, they shall first work together in good faith to resolve the matter internally through negotiations and, if necessary, by escalating it to higher levels of management. The foregoing shall not apply to, and shall not prevent a Party from seeking immediate relief in the event of, disputes involving the confidentiality or data protection provisions of this Agreement or infringement of intellectual property rights (in which case either Party shall be free to seek available remedies in a court of competent jurisdiction in accordance with the Governing Law Section of this Agreement).
15.4. Entire Agreement; Amendment. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous representations, discussion, negotiations, letters, proposals agreements and understandings between the Parties hereto with respect to the subject matter hereof, whether written or oral. This Agreement may be amended, modified or supplemented only in a writing duly executed by an authorized representative of each of Licensee and Symbium.
15.5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. For any disputes that are not resolved by way of good faith negotiations and settlement, the Parties hereby consent to the exclusive venue and jurisdiction for actions concerning or relating to this Agreement in the federal or state courts of San Francisco, County of San Francisco, California.
15.6. Headings. The section headings in this Agreement are for reference and convenience only and do not explain, modify, interpret, or expand the provisions of this Agreement.
15. 7. Independent Contractors. In making and performing under this Agreement, the Parties are acting and shall act as independent contractors and not that of master and servant or partnership. Neither Party is, nor will be deemed to be, an agent, legal representative, joint venture, or partner of the other Party for any purpose. Neither Party shall have any authority to act for or to bind the other Party in any respect, nor shall either Party hold itself out as having such authority.
Each Party agrees to assume complete responsibility for its own employees with regard to federal or state employer's liability, worker's compensation, social security, unemployment insurance, and Occupational Safety and Health Administration requirements, and other laws.
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15. 8. Severability. If any of the provisions of this Agreement are declared to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be ineffective to the extent of such invalidity or unenforceability while the other provisions hereof shall remain in full force and effect.
15.9. Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the Party against whom it is asserted. Any consent by any Party to, or waiver of, a breach of the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any continuing, different, or subsequent breach of this Agreement by such Party.
15.10. Survival. The provisions of this Agreement, which by their nature survive expiration or termination ofthis Agreement, shall survive, including, but not limited to the following Sections: 7 (Proprietary Rights), 9 (Confidentiality), 10 (Representations and Warranties), 11 (Indemnities), and 12 (Limitation of Liability).
15.11. Controlling Document. Notwithstanding any inconsistent or additional terms and conditions which may be contained in a purchase order, invoice, voucher or other similar document issued by either Party, such document shall be for issuing Party's internal purposes only and the terms and conditions of this Agreement shall prevail. Therefore, even if such document is acknowledged or accepted by the receiving Party and regardless of any statement to the contrary which may be contained therein, the inconsistent or additional terms and conditions of such purchase order, invoice, voucher or other similar document shall have no force or effect on this Agreement. 15 .12. Interpretation; Construction. Unless the context of this Agreement clearly requires otherwise, ( i) references to the plural include the singular, the singular the plural, the part the whole, (ii) references to any gender include all genders, (iii) "or" has the inclusive meaning frequently identified with the phrase "and/or," (iv) "including" has the inclusive meaning frequently identified with the phrase "but not limited to," and (v) references to "hereunder" or "herein" relate to this Agreement. The Parties agree that this Agreement is the result of careful negotiations between sophisticated Parties and thus any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.
15.13. Signature/Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and both of which, taken together, shall constitute one agreement binding on both Parties. A facsimile signature or electronic signature (or e-signature) shall have the force and effect of an original signature, and in the absence of an original signature, shall constitute the original signature.
THE PARTIES ACKNOWLEDGE THAT THEY HA VE READ THE AGREEMENT, UNDERSTAND IT AND AGREE
TO BE BOUND BY ITS TERMS, AND THE PERSON SIGNING ON BEHALF OF EACH HAS BEEN AUTHORIZED TO DO SO. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
SYMBIUM CORP. CITY OF NEWMAN
By: By:
Name: Name:
Title: Title:
Email: Email:
Date: Date:
EXHIBIT A-1- ORDER
This Order, once executed, is governed by the Symbium Master Licensing Agreement between Symbium Corp. ("Symbium") and the
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City of Newman ("Licensee") (the "Agreement"). All fees set forth herein are due pursuant to the terms of the Agreement. All capitalized terms used but not defined herein will have the meaning assigned to them in the Agreement. This Order shall control in the event of any conflict between this Order and the Agreement.
Prepared For: Order No.: Make Payment to:
City of Newman NEWMAN-001 Symbium Corp.
City of Newman Initial Term: Symbium Corp.
Mike Brinkman, Chief Building Official 5 years 912 Cole St., #375 Building Department San Francisco, CA 94117
938 Fresno Street Payment Frequency: PO Box 787 NIA [email protected] Newman, CA 95360
[email protected]
SaaS Solution I Service Description Billing
Symbium's SB379-compliant Service for • Web-based public-facing automated compliance checks $0 PVand ESS for solar energy systems as required by SB379 • Symbium service fee per plan check (per project or
revision), charged to applicants at point of sale.
Symbium Express Permits • Web-based public-facing automated compliance checks $0 for additional permits, as requested by Licensee.
• Symbium service fee per plan check (per project or
revision), charged to applicants at point of sale.
Included Integrations Read-write integrations into existing permitting workflows and $0 state & local business licensing registries, given available APis.
Ongoing Suooort and Maintenance Quarterly updates $0
Total $0
Additional Terms and Conditions:
1. Any Transaction Services fees to End-Users shall be discounted by 50% through December 31, 2025.
2. Unless noted otherwise, the pricing above includes initial implementation and training to ensure proper use and shall be invoiced upon execution of the Agreement.
3. Symbium shall be the exclusive provider of the Services and for any online submissions of any mutually agreed-upon permit and other application types for Licensee during the Term.
4. Any additional Solutions or Services requested by Licensee that exceed the scope of this Order shall be subject to a separate signed Order between the Parties.
5. Support is available by email: [email protected].
ACCEPTED AND AGREED BY:
Symbium Corp.
BY: DATE:
NAME: Leila Banijamali
TITLE: CEO
EMAIL: [email protected]
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City of Newman
BY: DATE:
NAME:
TITLE:
EMAIL:
Symbium
Statement of Qualification
Delivered via Email
Joanna Lainez, Building Department
City of Newman, CA
July 23, 2025
RE: Symbium's no-cost instant and accelerated permitting to supercharge your existing workflows Dear Joanna:
I am writing to you on behalf of Symbium Corp. (Symbium) to present our qualifications for the delivery and maintenance of Symbium, which automates compliance checks and enables instant or accelerated permit issuance across an unlimited number of high-volume renovations and retrofits. We respectfully submit the following, which may aid you in the comparison of and procurement of our services.
Background on Symbium
Symbium is a San Francisco-based company that partners with local building departments, at no cost to them, to enable instant and accelerated permit issuance. Homeowners and contractors use Symbium to instantly understand and visualize what's possible on a property, then submit and manage permits, subject to pay-per-use transaction fees. Permits can be issued instantly, right on Symbium, because the regulatory checks are built right into the web interface.
Key to this disruption is Symbium's proprietary computational law (or Complaw®) tech, which enables a TurboTax-like mechanization of legal analyses through software in a swift and lean manner, initially developed by the founding team at Stanford's Al Lab.
How it works:
The Symbium Experience is comprised of the following steps:
1. Permit applicants scope out a project (I.e. solar, reroof, EV charger, HVAC etc.). Symbium performs comprehensive regulatory checks instantly and in real time, surfacing applicable regulations.
2. The Symbium and jurisdiction permitting fees are paid and the complete, pre-checked application package is delivered to the jurisdiction's permit tracking system via an integration.
3. A permit issue issued within seconds to the applicant.
View a short 7min video demo of Symbium at https:l/symbium.com/permitconfigurator Unique to Symbium
Symbium is the only provider offering:
• Highly configurable, advanced compliance checks across structural, fire, SolSmart and more - with minimal setup required by your team.
• A unified experience for potentially hundreds of permit types. • Seamless integrations with leading and niche GIS systems,permit tracking systems (PTSs), and licensing databases - including official partnerships with Accela, Central Square, and TruePoint. 1of7
Symbium
Fees for Services
Symbium's fees are always fixed and transparent and are available at: symbium com/oricjng There is no fee to jurisdiction partners for their procurement of Symbium for enabling Symbium's public-facing permitting interface and no annual or ongoing fees payable by the jurisdiction. In the event that an integration or customizations are desired, and grant funds are available or applied-for by the jurisdiction partner, Symbium charges a one-time configuration and integration fee. NOTE: There are no fees due to Symbjum from the jurjsdjctjon partner jf no grant funds are available applied-for or awarded.
Symbium's business model is to charge a $50 per plan check service fee to permit applicants for the submission of permits. This fee covers any ongoing costs incurred by Symbium to maintain the services.
Positive Outcomes
The Symbium experience has resulted in the following positive outcomes for our current local government partners:
1. Pre-checked permit applications that can either be issued instantly or on an accelerated basis with a drastic reduction in errors or approval delays.
2. Procurement of a smart, public-facing permit submission platform in an accelerated manner and go live within weeks of procurement.
3. Compliance with state solar permitting mandates and local permitting initiatives.
4. Significant reduction in staff time spent responding to project feasibility inquiries from applicants (i.e. Can I build this? What forms are needed? What are the applicable fees?).
5. Transparency around regulatory requirements to applicants by surfacing the applicable regulations as the applicant is scoping the project on Symbium. Symbium performs automatic compliance checks on projects so each of those regulations are either checked off or displayed as outstanding (with a red "x"). A fully compliant scope results in the issuance of an instant solar or express permit on Symbium.
6. Receipt by staff of complete and correct permit applications with the right forms (affidavits, plan sets, checklists etc.) and initial feasibility completed.
7. Faster project approvals with no interruption in the jurisdiction's own PTS or workflows. Given an API, the Symbium team will always take the initiative to perform integrations into a partners' PTS to ensure a streamlined experience.
8. No requirement for jurisdiction staff to learn or adopt a new technology. Symbium supercharges a jurisdiction's existing permitting workflows, regardless of which system is adopted.
Sole Source Justification
Symbium qualifies for sole source procurement because it is the sole provider of a public-facing experience that provides rich data visualizations of properties and enables instant legal analysis and approvals of high-volume residential and commercial retrofits against the applicable code requirements. Note, that Symbium is NOT a permit tracking system (PTS), but has the ability to act as either a standalone tool or to supercharge any PTS by performing compliance checks at the very top of the applicant funnel. 2 of 7
Symbium
The following chart provides a feature analysis of the closest available tools for instant permit issuance:
Sole Source Justification Symbium Solar APP+ OpenCounter Camino Public-facing permitting interface v v v v
Compliant with statewide solar permitting mandates v v
$0 ongoing cost to jurisdiction partners (convenience
fee charged to applicant) v v
Integration into existing online permitting systems,
given an API v v
Ability to accommodate customization and
configuration requests to align with AHJ partner's v
specific needs (I.e. line diagram uploads etc.)
Swift configuration and integration possible in 3-6
weeks, performed entirely by the vendor v
Visualization of 30 buildable envelopes v
Instant regulatory analysis, list of permits, and permit issuance for any permit type (not just solar) v
Automated verification of contractor licenses against
state and local requirements v
Instantly surface detailed code requirements and
compliance as the project is scoped by the applicant v
Compliance checks on an unlimited number of permit
and project types, not just PV, ESS, or electrical panel v upgrades.
Typical 2-hour response time for support requests v from the public.
There are other tools that have not been identified in detail but also provide some aspect of permit streamlining, including Accela, eTRAKiT, and EnerGov but those tools are strictly workflow-based permit tracking systems with no regulatory analysis component. Any homegrown or customizations of those PTSs for purposes of automating code compliance would entail significant government resources to configure and maintain, especially as the regulations change.
Characteristics Uniquely Positioning Symbium to Deliver in the Service Categories Symbium is uniquely qualified to lead in automating permit issuance and regulatory analysis for the following reasons:
• Team. Founded by Stanford experts in law, planning, code, architecture, and logic programming, our team is built to solve complex regulatory challenges. We're known for responsiveness, initiative, and a deep commitment to tools that serve communities. First and foremost, our team is composed of problem solvers who are second to none.
• Experjence Symbium pioneered citizen-facing regulatory tech with tools like Build (parcel-level ADU feasibility) and Plancheck (automated code compliance). Instant permitting is a natural leap forward in our mission to simplify regulatory analyses.
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Symbium
• Multi-Stakeholder References. Please feel free to contact the following for references:
a. Pete Jackson
Building Electrical Specialist
City of Burbank, CA (PTS used: Clariti)
Phone: 661-326-3091
Email: [email protected]
b. John Caprarelli
Chief Building Official
City of Santa Clarita, CA (P S used: Accela and Clariti/Camino) Building and Safety
Phone: 661-255-4396
Email: [email protected]
c. Jesse Cardoza
Deputy Director of Community Development I Chief Building Official City of Irvine, CA (PTS used: Eden I homegrown)
Community Development
Phone:949-724-6377
Email: [email protected]
• Recent Awards I Recognitions. In 2024, Symbium became a resident at Autodesk, the most widely-used software provider for designing the built world. In that year, Symbium was also one of only 16 companies that was selected from over 700 applicants for the prestigious Elemental Impact cohort, receiving catalytic investment to scale its instant permitting solution across all clean energy projects nationwide. In 2023, Symbium won the Association for Corporate Growth award in SF and was admitted into the highly selective Third Derivative accelerator program to streamline decarbonization permitting and incentives.
The company was nominated as a finalist in the highly-coveted 2022 ALP Alain Colmerauer Prolog Heritage Prize and has been recognized and awarded with the following: GovTech 100 company from 2021-2023, 2021 Facebook grant for Housing Innovation, American Bar Association's 2021 Women of Legal Tech recognition, the 2020 Ivory Prize for its innovations in housing regulations, and a 2019 HIVE 50 Honoree for fast-tracking building permits and approvals.
No Conflicts .
There are no conflicts of interest, actual or apparent, that would limit Symbium's ability to provide the requested services.
Closing Comments
We appreciate your consideration and look forward to the opportunity to serve in this important endeavor. I encourage you to contact me directly with any remaining qualification questions or for further clarifications.
Please feel free to advise if scheduling a virtual meeting and/or further demonstrations of our services would help clarify any of the items outlined above or any additional matters impacting Symbium's qualification to serve your jurisdiction.
Sincerely,
Leila Banijamali, CEO
Symbium
[email protected]
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Symbium
Symbium Screenshots
STEP 1: The Symbium experience begins with selecting a project type, as available, for a given address ..
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STEP 3: Symbium provides instant analyses of what regulations have been complied with (or not) and why. It is the only service that provides this level of transparency at the time a project is being configured .
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STEP 4 : Once requirements are met, applicants can apply directly through Symbium without leaving the platform. After paying Symbium and AHJ fees, permits are delivered instantly to the same dashboard .
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••
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 8.f.
City Council Meeting
of August 26, 2025
ADOPT THE MEASURE L MASTER FUNDING AGREEMENT FOR FISCAL YEARS 2025-2030 RECOMMENDATION:
Staff recommends the City Council approve Resolution No. 2025- , adopting the Measure L Master Funding Agreement for Fiscal Years 2025-2030.
BACKGROUND:
In November 2016, the voters of Stanislaus County approved Measure L, authorizing Stan COG to administer the proceeds from the Yi cent transaction and use tax. Measure Lis a twenty-five-year Yi cent transportation sales tax in Stanislaus County. This agreement delineates the requirements of the Measure L funds allocated to the jurisdictions and Transit Service Providers within Stanislaus County.
ANALYSIS:
The Measure L Master Funding Agreement delineates the requirements of the Measure L funds that are allocated to the jurisdictions within Stanislaus County. The funds are for local streets and roads, traffic management, and bike and pedestrian improvements collectively referred to as "Local Control Funds" as well as Transit Provider funds for Transit Services, as authorized by the Measure L Expenditure Plan.
FISCAL IMPACT:
The City of Newman receives a fixed amount (1.26%) of the Local Control Funds that include Local Streets and Roads, Traffic Management, and Bike and Pedestrian Improvement monies.
CONCLUSION:
Staff recommends that the Council approve the Measure L Master Funding Agreement for Fiscal Years 2020-2025.
ATTACHMENTS:
1. Resolution No. 2025- ,adopting the Measure L Master Funding Agreement for Fiscal Years 2025-2030
2. Measure L Master Funding Agreement
Respectfully submitted,
~ Director of Public W arks
REVIEWED/CONCUR
Michael Holland
City Manager
RESOLUTION NO. 2025-
A RESOLUTION ADOPTING THE MEASURE L MASTER FUNDING AGREEMENT FOR FISCAL YEARS 2025-2030
WHEREAS, on November 8, 2016 the voters of Stanislaus County, approved Measure L thereby authorizing the Stanislaus Council of Governments (StanCOG), acting as the Stanislaus County Transportation Authority, to administer the proceeds from the one-half cent transaction and use tax ("Measure L"); and
WHEREAS, the duration of the Measure L sales tax will be 25 years from the initial year of collection, which began April 1, 201 7, with the tax to expire on March 31, 2042; and WHEREAS, the City of Newman, is a recipient of Measure L funds; and WHEREAS, the Measure L Master Funding Agreement delineates the requirements of the Measure L funds that are allocated to the jurisdictions within Stanislaus County for local streets and roads, traffic management and bike and pedestrian improvements, (collectively referred to as "Local Control Funds") and Transit Provider funds for Transit Services, as authorized by the Measure L Expenditure Plan; and WHEREAS, each of the member agencies of Stan COG (Stanislaus County and the cities of Ceres, Hughson, Modesto, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford) will be required to enter into the Measure L Master Funding Agreement prior to receiving Measure L fund disbursements; and
WHEREAS, the term of the Measure L Master Funding Agreement is five (5) years from July 1, 2025 through June 30, 2030.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman hereby adopts the Measure L Master Funding Agreement and authorizes the City Manager to execute said agreement.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 26th day of August, 2025 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
MEASURE L MASTER FUNDING AGREEMENT
BETWEEN THE
STANISLAUS COUNCIL OF GOVERNMENTS
AND THE
CITY OF NEWMAN
(FISCAL YEARS 2025 - 2030)
This Measure L Master Funding Agreement ("AGREEMENT"), effective July 1, 2025, is entered into by and between the Stanislaus Council of Governments, acting as the Stanislaus County Transportation Authority ("STAN COG" or the "Authority"), and the City of Newman ("RECIPIENT").
RECITALS
A. On November 8, 2016 the voters of Stanislaus County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. (the "Act"), approved Measure L, thereby authorizing STANCOG to administer the proceeds from the one-half cent transaction and use tax ("Measure L").
B. The duration of the Measure L sales tax will be 25 years from the initial year of collection, which began April 1, 2017, with said tax to expire on March 31, 2042. The tax proceeds will be used to pay for the programs and projects outlined in the Stanislaus Council of Government's Expenditure Plan (the "Measure L Expenditure Plan"), as it may be amended.
C. Measure L authorizes the Authority (ST AN COG) to sell or issue bonds to finance and refinance the transportation projects identified in the Measure L Expenditure Plan. Costs associated with bonding will be borne only by the projects included in the Measure L Expenditure Plan.
D. This AGREEMENT delineates the requirements of the Measure L funds that are allocated to the jurisdictions within Stanislaus County for local streets and roads, traffic management and bike and pedestrian improvements, (collectively referred to as "Local Control Funds") and Transit Provider funds for Transit Services, as authorized by the Measure L Expenditure Plan. The Local Control Funds recipients are Stanislaus County and the cities of Ceres, Hughson, Modesto, Newman, Oakdale, Patterson, Riverbank, Turlock, and Waterford.
E. The prior Measure L Master Funding agreement between the parties for the period July 1, 2020 - June 30, 2025, was approved by the STANCOG Policy Board on April 15, 2020.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE I: FUNDING ALLOCATIONS
1. This AGREEMENT authorizes the ST AN COG to allocate the Local Control Funds derived from Measure L receipts to the RECIPIENT as described in the voter-approved Measure L Expenditure Plan and as summarized below by jurisdiction for each of the three different programs covered under Local Control Funds (Local Streets and Roads, Traffic Management, and Bike and Pedestrian Improvements). Local Control Funds comprise 65% of the Measure L receipts (after deducting the 1 % Administrative Expense Cap authorized in the Measure L Ordinance and Expenditure Plan and the 1 % Public Awareness Outreach Program authorized by the Policy Board).
Ceres
Hughson
Modesto
Newman
Oakdale
Local Control Funds*
Patterson
Riverbank
Turlock
Waterford
Stanislaus County
Total
*Source: Measure L Expenditure Plan
6.36%
1.26%
35.79%
1.26%
3.86%
4.55%
3.42%
15.26%
1.26%
26.98%
100.00%
The breakdown of the 65% of Local Control Funds by program is as follows: 50% to Local Streets and Roads; 10% to Traffic Management; and 5% to Bike and Pedestrian Improvements.
ARTICLE II: FUNDING PREREQUISITES AND REQUIREMENTS
1. RECIPIENT shall annually submit to STANCOG:
a. A copy of RECIPIENT'S adopted Capital Improvement Program (CIP), roadway resurfacing map, traffic management plan, pedestrian and bicycle plan, resolution, or other document adopted by RECIPIENT' s governing board which identifies all programs and projects RECIPIENT intends to fund, either partially or in full, with Measure L funds and which identifies the schedule for project delivery. If RECIPIENT amends its CIP, roadway resurfacing map, traffic management plan, pedestrian and bicycle plan, resolution, or other adopted document at any time during the year, it shall provide a copy of the amended document to STANCOG within 15 business days of adoption by RECIPIENT'S governing board.
b. Annual Maintenance of Effort (MOE) calculation demonstrating RECIPIENT'S compliance with MOE. The MOE calculation shall be based on the prior three fiscal years' general fund spending on transportation purposes (local streets and roads) as reported to the State Controller's Office. The MOE calculation shall be verified by an annual independent audit, conducted at RECIPIENT'S sole cost and expense. Adjustments to the MOE calculation may be made, subject to Authority approval, based upon the criteria stated in Section 9 of the Measure L Ordinance.
c. Any other documents or reports required to be submitted pursuant to the adopted Measure L Policies and Procedures, as may be amended.
2. If RECIPIENT has submitted all required documents and reports, ST AN COG will disburse Measure L funds to RECIPIENT consistent with this AGREEMENT and in accordance with the adopted Measure L Policies and Procedures. RECIPIENT will receive Local Control Funds based on the percentage allocations summarized above and as set forth in the Measure L Expenditure Plan.
3. If RECIPIENT fails to comply with one or more of the requirements set forth in this Article II, ST AN COG may withhold payment of Measure L funds to RECIPIENT until full compliance is achieved.
4. The governing body of the RECIPIENT will be the decision-making body for the use of the Local Control Funds within its jurisdiction.
5. Transit Providers (Transit Services) funds will be allocated 1.4% of the Measure L receipts (after deducting the 1 % Administrative Expense Cap and the 1 % Public Awareness Outreach Program) and will be disbursed to Transit Providers at least quarterly or as set forth in the Measure L Policies and Procedures, whichever provides more frequent disbursements. The Transit Providers are: Stanislaus Regional Transit Authority and Turlock Transit.
6. Percentage allocations identified in the Measure L Expenditure Plan are not subject to change unless two-thirds of the voters of Stanislaus County approve an amendment to the allocations.
7. The Measure L Ordinance and Expenditure Plan provide fund usage and eligibility guidelines by allocation category and RECIPIENT acknowledges and agrees that it shall comply with the provisions of the Measure L Ordinance and Expenditure Plan. The Measure L Ordinance and Expenditure Plan, as may be amended, is hereby incorporated in its entirety into this AGREEMENT by reference.
8. The StanCOG Policy Board has adopted Measure L Policies and Procedures which contain additional fund usage and eligibility guidelines and RECIPIENT acknowledges and
agrees that it shall comply with the provisions of the Measure L Policies and Procedures. The Measure L Policies and Procedures, as may be amended, are hereby incorporated in its entirety into this AGREEMENT by reference.
ARTICLE Ill: PAYMENTS AND EXPENDITURES
A. STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) DUTIES AND OBLIGATIONS
1. ST AN COG shall remit to RECIPIENT its designated amount of Local Control Funds in accordance with this AGREEMENT.
2. STANCOG will provide a quarterly report to its Board of Directors which shall include all Measure L revenues distributed to each Recipient.
3. STANCOG shall provide for an independent annual audit of its Measure L financial statements including revenues and expenditures.
4. STANCOG shall provide timely notice to RECIPIENT prior to conducting an audit of expenditures made by RECIPIENT to determine whether such expenditures are in compliance with this Agreement, the Measure L Ordinance and Expenditure Plan, and the Measure L Policies and Procedures.
5. STANCOG shall provide a report, at least quarterly, to standing committees and the Board of Directors of the 1 % for the Public Awareness Outreach Program which shall include an accounting of Measure L revenues and expenditures.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall expend all Measure L funds received in compliance with the Measure L Ordinance and Expenditure Plan, this AGREEMENT and the adopted Measure L Policies and Procedures.
2. RECIPIENT shall set up and maintain an appropriate system of accounts to report on Measure L funds received and spent. RECIPIENT must account for Measure L funds, including any interest received or accrued, separately for each program fund type, and from any other funds received from STANCOG. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds.
3. RECIPIENT acknowledges and agrees that ST AN COG and its representatives, agents and nominees shall have the absolute right at any reasonable time to inspect and copy any
accounting records related to Measure L funds, except to the extent specifically prohibited by applicable law.
4. RECIPIENT shall cooperate with STANCOG and its auditors as they conduct an annual independent audit of all of RECIPIENT'S Measure L accounts which audit shall be conducted at STANCOG's sole cost and expense. RECIPIENT shall comply with the schedule and requests of STANCOG's auditors to ensure timely and accurate completion of the audit.
5. RECIPIENT agrees to provide STANCOG each fiscal year with an adopted copy of its Capital Improvement Program, roadway resurfacing map, traffic management plan, pedestrian and bicycle plan, resolution, or other document adopted by RECIPIENT'S governing board which identifies all programs and projects containing a description of all the projects and tasks that Measure L funds will pay for over that fiscal year, schedule and cost information for each project in its entirety, and other funds that will match the Measure L allocation.
6. RECIPIENT hereby acknowledges and agrees to the Maintenance of Effort requirement set forth in Section 9 of the Measure L Ordinance. a. Pursuant to the intent of the Public Utilities Code section 180001, a jurisdiction cannot redirect monies currently being used for transportation purposes to other uses, and then replace the redirected funds with local street maintenance and improvement dollars from Measure L.
b. RECIPIENT hereby agrees to certify in the annual verification submitted to ST AN COG that it has met the Maintenance of Effort requirement by demonstrating that the Measure L funds have been used to augment and not supplant local resources spent. The Maintenance of Effort calculation is set forth in Section 9.03 of the Measure L Ordinance and uses the RECIPIENT' s average general fund expenditures of the prior (3) three fiscal years spent for local transportation purposes.
c. RECIPIENT shall conduct an annual independent audit to verify that the Maintenance of Effort requirement was met by RECIPIENT. d. If RECIPIENT does not meet its Maintenance of Effort requirement in any given year it may have its Local Streets and Roads fund received pursuant to the Measure L Expenditure Plan reduced in the following year by the amount by which RECIPIENT did not meet its required Maintenance of Effort. Such funds shall be redistributed to the remaining eligible jurisdictions.
7. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure L, as reflected in the Measure L Expenditure Plan.
8. RECIPIENT agrees to comply with the reporting requirements set forth in this AGREEMENT.
C. OTHER CONSIDERATIONS
1. Transportation Purposes Only: RECIPIENT shall use all Measure L funds solely for transportation purposes as defined by the Measure L Ordinance and Expenditure Plan. If RECIPIENT violates this provision, it must fully reimburse all misspent funds, including all interest which would have been earned thereon. The interest which would have been earned will be calculated using the current interest rate earned on local agency monies on deposit with Stanislaus County.
2. Administrative and Staff Cost Limitations: Direct costs associated with the delivery of programs and projects funded by Measure L, including direct staff costs and consultant costs, are eligible uses of Measure L funds, unless otherwise limited by the adopted Measure L Policies and Procedures.
a. In situations where RECIPIENT acts as the project manager, project sponsor or the lead agency for delivery of a regional project identified in the Measure L Expenditure Plan, RECIPIENT will be required to enter into a Cooperative Agreement for that regional project and the reimbursement of administrative and staff costs will be addressed pursuant to the terms of that Agreement.
b. ST AN COG does not allow the reimbursement of indirect costs, unless the RECIPIENT submits an Indirect Cost Allocation Plan which may be considered by the Caltrans Independent Office of Audits and Investigations, on a case by case basis, for approval of the identified indirect costs. If the Indirect Cost Allocation Plan is approved by Cal trans, the approved plan shall be submitted to ST AN COG to allow for reimbursement of those approved indirect costs. Notwithstanding the foregoing, the following items are not eligible for Measure L reimbursement: activities related to obtaining matching funds for a project, activities related to general Measure L administration (not specific to the project), education or preparation performed by the project manager/sponsor (e.g., presentation to Rotary, Kiwanis, Lions Clubs, etc.), activities related to another project (regional) not covered in a Cooperative Agreement, even if it is a Measure L project.
3. Fund Exchange: RECIPIENT shall have the authority to loan its Measure L receipts allocated to it for Local Control Projects to other recipients for the implementation of needed transportation projects. All such fund exchanges shall be reviewed and accepted by ST AN COG in accordance with the adopted Measure L Policies and Procedures.
4. CEQA: All projects funded with Measure L funds will be required to complete appropriate California Environmental Quality Act (CEQA) and other environmental review as required.
ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth in this Article IV. If RECIPIENT fails to comply with one or more of these requirements, STANCOG may withhold payment of further Measure L funds to RECIPIENT until full compliance is achieved.
1. RECIPIENT shall submit to ST ANCOG on a monthly basis:
a. Monthly revenue and expenditure reports which identify the Measure L revenue received and expended by RECIPIENT. All reports shall identify the revenue and expenses by project identified in RECIPIENT'S CIP, roadway resurfacing map, traffic management plan, pedestrian and bicycle plan, resolution or other document adopted by RECIPIENT' s governing board.
b. Monthly report of Measure L fund cash balances held by RECIPIENT.
2. RECIPIENT shall submit to ST AN COG quarterly milestone reports which provides a narrative of the progress of all of RECIPIENT'S projects utilizing Measure L funding.
3. RECIPIENT shall, by March 31st of each year, or other deadline provided at least sixty (60) days in advance by STANCOG or its auditors, submit to STANCOG, at the RECIPIENT's expense, separate independently audited financial statements for the prior fiscal year ended June 30 of Measure L funds received and used.
4. RECIPIENT shall, by September 30th of each year, document expenditure activities and report on the performance of Measure L funded activities through the annual program compliance reporting process, or through other ST AN COG performance and reporting processes as may be requested, including but not limited to the annual performance report, annual program plan and planning monitoring reports. This report shall be provided to StanCOG and the Measure L Citizens Oversight Committee within 90 days of the end of each fiscal year and shall include documentation as to whether or not RECIPIENT met the Maintenance of Effort requirement for that fiscal year.
5. RECIPIENT shall install or mount signage adjacent to each project or program in excess of $250,000 funded in whole or in part by Measure L funds identifying the project or program as being funded by Measure L revenues.
6. RECIPIENT shall provide current and accurate information on RECIPIENT' s website, to inform the public about how RECIPIENT is using Measure L funds. This information shall also be provided to ST AN COG for posting on the Measure L website http://www.stanislausmeasurel.com
7. RECIPIENT shall cooperate in a "Public Awareness Program", in partnership with STANCOG as a means of ensuring that the public has access to information regarding which projects and programs are funded through Measure L funds.
8. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries regarding RECIPIENT' s receipt, usage, and/or compliance audit findings regarding Measure L funds before the ST AN COG Citizens Oversight Committee and/or Measure L Oversight Committee.
9. RECIPIENT agrees that STANCOG may review and/or evaluate all project(s) or program(s) funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of ST AN COG to observe RECIPIENT' s project or program operations, to review project or program data and financial records, and to discuss the project with Recipient's staff or governing board.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither ST AN COG, nor its governing body, ~lected officials, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure L funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold harmless ST ANCOG, its governing body, and all its officers, agents, and employees, from any liability imposed on STANCOG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Measure L funds distributed to RECIPIENT pursuant to this AGREEMENT.
B. INDEMNITYBYSTANCOG
Neither RECIPIENT, nor its governing body, elected officials, any officer, consultant, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STANCOG under or in connection with any work, authority or jurisdiction delegated to STANCOG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, STANCOG shall fully defend,
indemnify, and hold harmless RECIPIENT, and its governing body, elected officials, all its officers, agents, and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ST AN COG under or in connection with any work, authority or jurisdiction delegated to STANCOGunder this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Stanislaus County, California and the parties hereto hereby waive inconvenience of forum as an objection or defense to such venue.
D. ATTORNEYS' FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorneys' fees from the other party.
E. TERM
The term of this AGREEMENT shall be from July I, 2025 to June 30, 2030, unless amended in writing or a new Master Funding Agreement is executed between ST AN COG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. MODIFICATION
This AGREEMENT, and its Exhibits, as well as the referenced Measure L Ordinance and the Expenditure Plan, and the Policies and Procedures, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings regarding Measure L funds. This AGREEMENT may only be changed by a written amendment executed by both parties.
H. CONFLICT OF OR INCONSISTENT TERMS
If there is a conflict between this Agreement and the Policies and Procedures, the Policies and Procedures will control.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF NEWMAN
By: ~~~~~~~~~~~~~~~~
Michael E. Holland Date
City Manager
Approved as to Form:
By: ~~~~~~~~~~~~~~~~
Nubia I. Goldstein
City Attorney
Attest:
Mike Maier
City Clerk
Date
Date
STANISLAUS COUNCIL OF GOVERNMENTS
(STANCOG)
By:
Rosa De Leon Park
Executive Director
Date
Reviewed as to Budget/Financial Controls:
By:
Jean Foletta Date
Deputy Director of Operations
Approved as to Form:
By:
Monica Streeter Date
ST AN COG General Counsel
Honorable Mayor and Members
of the Newman City Council
RECOMMENDATION:
1. Conduct Public Hearing
REPORT ON NUISANCE ABATEMENT
Agenda Item: 9 .a.
City Council Meeting
of August 26, 2025
2. Adopt Resolution No. 2025- , Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.
BACKGROUND:
On April 25, 1995, the Newman City Council adopted Ordinance No. 1995-4, amending Chapter 2 of Title 8 of the Newman City Code, now referred to as Chapter 8.02. The purpose and intent of Chapter 8.02 is as follows:
1. To define as public nuisances and violations of [the] Code those conditions which are considered harmful and/or deleterious to the public health, safety, and welfare of the citizens of the City;
2. To develop regulations which will promote the sound maintenance of property and the enhancement of the livability, the community appearance, and the social, economic, and environmental conditions of the community; and
3. To establish guidelines for the correction of property maintenance violations and nuisances which afford due process and procedural guarantees to affected property owners.
Per NCC §8.02.030, "It shall be unlawful for any responsible person to keep or maintain premises under his/her control, in a condition detrimental to the public health, safety, or general welfare" and "No responsible person owning, managing or having control or charge of occupancy of any building, lot or premises within the City shall permit public nuisances of any kind as defined in [Chapter 8.02] to remain upon said premises or upon or over public sidewalks, streets or alleys between said premises and the center line of any public street or alley".
ANALYSIS:
As required by NCC §8.02.060, Notice and hearing for abatement of nuisances, a notice informing property owner( s) of the existence of a nuisance, abatement deadline, nuisance abatement procedures, and their right to object at a public hearing was sent to the property owner(s). Historically, many property owners comply with abatement notices prior to the posted hearing date. A final compliance survey of the subject property(ies) will be completed on Monday, August 25, 2025. Properties that have satisfactorily abated their specific nuisance(s) will be removed from the Abatement List prior to the public hearing.
FISCAL IMPACT:
None, abatement costs shall be recompensed to the City via a property lien (as provided in NCC §8.02.090).
CONCLUSION:
Public nuisances and violations of City Code are considered harmful and/or deleterious to the public health, safety, and welfare of the citizens of the City of Newman. The abatement of said nuisances enhances the livability, community appearance and the social, economic, and environmental conditions of the City. Therefore, staff recommends that the City Council conduct the public hearing and adopt Resolution No. 2025-, Declaring The Existence Of A Public Nuisance Under Ordinance No. 95-4.
ATTACHMENTS:
1. Resolution No. 2025- , A Resolution Declaring The Existence Of A Public Nuisance
2. Photographs of Property(ies)
3. Letter(s)/Notice(s) sent to Property Owner(s)
Respectfully submitted,
Recreation
,afvpp
Alicia Mendoza
Director/
~
Community Liaison
REVIEWED/CONCUR:
Michael Holland
City Manager
RESOLUTION NO. 2025-
A RESOLUTION DECLARING THE EXISTENCE OF A PUBLIC NUISANCE UNDER ORDINANCE NO. 95-4
WHEREAS, the Community Service Officer (CSO) has reported a nuisance, as outlined in Section 8.02.030 of the Newman City Code, located and existing upon property(ies) in the City of Newman in violation of Ordinance No. 1995-4 of the City of Newman, a description of said property(ies) being attached hereto and made a part of this resolution by this reference; and, WHEREAS, the CSO caused notice to be mailed to the respective owner(s) of the subject property(ies) as in said Ordinance provided, said notice giving notice to abate said nuisance(s) and setting a time and place for hearing objections to the proposed abatement(s); and, WHEREAS, said hearing was held on August 26, 2025, at 7:00 p.m., as in said notice provided; and, WHEREAS, no objections to the proposed abatement(s) were received at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newman that said City Council of the City of Newman finds that a condition exists with regard to the property(ies) in said City which is dangerous to life, limb and property, and to the public health, safety and morals, in that substantial deterioration/disrepair, weeds, rubbish, dirt and rank growth are growing, located and existing upon said property(ies) in violation of the provisions of Ordinance No. 95-4 of the City of Newman, which endangers and may injure neighboring property and endangers and injures the welfare of residents in the vicinity of said property(ies), and which is a fire hazard; that a description of said property(ies) is attached hereto and made a part of this resolution by this reference.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 1 oth day of June 2025, by Council Member , who moved its adoption, which motion was duly seconded and was adopted upon 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
1. 737 Barrington Avenue
City of Newman
Abatement List
Newman Municipal Code outlines requirements for off-street parking, paving, grading, and drainage. Any person intending to establish, change, or expand an off-street parking or loading/unloading area, or a space for the storage, sale, rental, or servicing of equipment, goods, or materials, must first apply for approval from the City Planning Department and submit three copies of layout, grading, and paving plans. All off-street parking areas must be surfaced and maintained in compliance with the City's "Standard Specifications and Details" and any additional requirements from the City Engineer. Furthermore, these lots must be properly graded and drained to manage surface water on-site without allowing runoff onto adjacent properties. Section 8.02.030 identifies nuisances as conditions on any premises that pose a detriment to public health, safety, or welfare. Examples include properties left in a deteriorated or unsightly state that harm nearby property values, landscaping that significantly deviates from neighboring standards, the accumulation of abandoned, wrecked, or inoperative vehicles or parts visible from the public right-of-way for more than 10 days, and trash or debris left in view from neighboring properties or public areas for over 10 days, negatively impacting surrounding property aesthetics and values. Section 9.05.010 further reinforces the City's stance on nuisances, declaring that the storage or accumulation of abandoned, wrecked, dismantled, or inoperable vehicles or parts-whether on private or public property-diminishes property values, contributes to blight, encourages vandalism, poses fire and health hazards, and attracts rodents and insects, all of which are detrimental to public health, safety, and welfare. Such conditions are declared a public nuisance subject to abatement under this chapter.
Robert Jenkins
Newman CA 95360
NOTICE TO ABATE PUBLIC NUISANCE BY THE REMOVAL OF CEMENT,
INOPERABLE VEHICLES, AND/ OR UNPERMITTED STRUCTURES
NOTICE IS HEREBY GIVEN THAT:
Pursuant to the provisions of Chapter 2_, Title~ of the Newman City Code, the following condition, as declared in NCC §8.02.030, constitutes a public nuisance. The maintenance of premises in a condition that allows them to become defective, unsightly, or deteriorated may result in material harm to the property itself and surrounding properties, including a substantial diminution in the enjoyment, use, or value of adjacent properties. This includes failure to maintain conformity with landscaping and maintenance standards, as well as the improper accumulation of abandoned, wrecked, or inoperative vehicles, trailers, boats, or other equipment for periods exceeding 10 days. Furthermore, the presence of visible trash, debris, or scrap materials, either inside or outside buildings, that depreciate the aesthetic and property value of neighboring properties, is also considered detrimental to the surrounding environment at: 73 7 Barrington A venue (APN No. 128-056-030). There is a substantial diminution in the enjoyment, use, or property value of such adjacent properties, which must be abated by the destruction or removal thereof within 10 days of the date of this notice.
Newman Municipal Code Violation
5.17.080 Off-street parking, paving, grading, and drainage • A. Application. Every person desiring to establish, change, or enlarge an off-street parking area, off-street loading or unloading area, or storage, sale, rental, or service area for any type of equipment, goods, materials, or objects shall make an application to the City Planning Department for the approval of such facilities. Such application shall be accompanied by three copies of the layout, grading, and paving plans.
• B. Surfacing and Maintenance. Off-street parking lots in all districts shall be surfaced and maintained in accordance with the City's "Standard Specifications and Details" and any additional requirements of the City Engineer.
• C. Drainage. All off-street parking lots shall be graded and drained so as to dispose of all surface water accumulated within the area of the parking lot in accordance with the City "Standard Specifications and Details" and any additional requirements of the City Engineer. In no instance shall drainage be designed so as to permit the flow of water onto abutting property.
8.02.030 Nuisances
• It shall be unlawful for any responsible person to keep or maintain premises under his/her control in a condition detrimental to the public health, safety, or general welfare. Each of the following conditions is hereby declared to be detrimental to the public health, safety, or general welfare and thus constitutes a public nuisance:
• A. The maintenance of premises in such a manner as to permit the premises to become so defective, unsightly, or in such a condition of deterioration or disrepair that the premises cause appreciable harm or are materially detrimental to proximal properties or improvements; • B. The maintenance of premises so out of harmony or conformity with the landscaping and maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment, use, or property value of such adjacent properties; • K. The accumulation and storage, for a period in excess of 10 days, of any abandoned, wrecked, dismantled, or in an inoperative condition licensed or unlicensed vehicle, trailer, camper, boat, or other mobile equipment, or parts thereof, unless such vehicular part thereof is completely enclosed in a building or located behind a solid fence six feet in height in a lawful manner where such part is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle repairer, or licensed vehicle dealer; • N. Trash, dirt, rubbish, scrap materials, and other debris, either inside or outside buildings, visible from the public right-of-way or from the site of neighboring properties for more than 10 days and having a tendency to depreciate the aesthetic and property values of surrounding properties;
9.05.010 Nuisances
• In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperable vehicles or parts as public nuisances, the City Council makes the following findings and declarations:
• A. Declarations and Findings. The accumulation and storage of abandoned, wrecked, dismantled, or inoperable vehicles or parts, on private or public property, including highways, creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and is injurious to the health, safety and general welfare.
• B. Nuisance Declared. The presence of an abandoned, wrecked, dismantled, or inoperable vehicle or parts, on private or public property, including highways, is declared to constitute a nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 92-5, 5- 12-1992)
All responsible persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, destroy or remove such public nuisances, as defined above, from their property and from their half of the abutting street and alley between the lot lines, as extended, or such public nuisances will be destroyed or removed and such nuisance abated by City authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which Municipal taxes are collected.
All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the City Council of the City of Newman to be held on August 26, 2025, at 7:00 P.M., at which time and place all objections will be heard and given due consideration.
A recording fee of $20 will be imposed by the City of Newman in correlation with the abatement fees when processed.
Dated: July 31, 2025
Alicia
llkw~ Mendoza
Community Liaison/ Recreation Director
City of Newman
Robert Jenkins
Newman CA 95360
FINAL NOTICE TO ABATE PUBLIC NUISANCE BY THE REMOVAL OF CEMENT,
INOPERABLE VEHICLES, AND/ OR UNPERMITTED STRUCTURES
NOTICE IS HEREBY GIVEN THAT:
Pursuant to the provisions of Chapter 2_, Title~ of the Newman City Code, the following condition, as declared in NCC §8.02.030, constitutes a public nuisance. The maintenance of premises in a condition that allows them to become defective, unsightly, or deteriorated may result in material harm to the property itself and surrounding properties, including a substantial diminution in the enjoyment, use, or value of adjacent properties. This includes failure to maintain conformity with landscaping and maintenance standards, as well as the improper accumulation of abandoned, wrecked, or inoperative vehicles, trailers, boats, or other equipment for periods exceeding 10 days. Furthermore, the presence of visible trash, debris, or scrap materials, either inside or outside buildings, that depreciate the aesthetic and property value of neighboring properties, is also considered detrimental to the surrounding environment at: 73 7 Barrington A venue (APN No. 128-056-030). There is a substantial diminution in the enjoyment, use, or property value of such adjacent properties, which must be abated by the destruction or removal thereof within 10 days of the date of this notice.
Newman Municipal Code Violation
5.17.080 Off-street parking, paving, grading, and drainage • A. Application. Every person desiring to establish, change, or enlarge an off-street parking area, off-street loading or unloading area, or storage, sale, rental, or service area for any type of equipment, goods, materials, or objects shall make an application to the City Planning Department for the approval of such facilities. Such application shall be accompanied by three copies of the layout, grading, and paving plans.
• B. Surfacing and Maintenance. Off-street parking lots in all districts shall be surfaced and maintained in accordance with the City's "Standard Specifications and Details" and any additional requirements of the City Engineer.
• C. Drainage. All off-street parking lots shall be graded and drained so as to dispose of all surface water accumulated within the area of the parking lot in accordance with the City "Standard Specifications and Details" and any additional requirements of the City Engineer. In no instance shall drainage be designed so as to permit the flow of water onto abutting property.
8.02.030 Nuisances
• It shall be unlawful for any responsible person to keep or maintain premises under his/her control in a condition detrimental to the public health, safety, or general welfare. Each of the following conditions is hereby declared to be detrimental to the public health, safety, or general welfare and thus constitutes a public nuisance:
• A. The maintenance of premises in such a manner as to permit the premises to become so defective, unsightly, or in such a condition of deterioration or disrepair that the premises cause appreciable harm or are materially detrimental to proximal properties or improvements; • B. The maintenance of premises so out of harmony or conformity with the landscaping and maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment, use, or property value of such adjacent properties; • K. The accumulation and storage, for a period in excess of 10 days, of any abandoned, wrecked, dismantled, or in an inoperative condition licensed or unlicensed vehicle, trailer, camper, boat, or other mobile equipment, or parts thereof, unless such vehicular part thereof is completely enclosed in a building or located behind a solid fence six feet in height in a lawful manner where such part is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle repairer, or licensed vehicle dealer; • N. Trash, dirt, rubbish, scrap materials, and other debris, either inside or outside buildings, visible from the public right-of-way or from the site of neighboring properties for more than 10 days and having a tendency to depreciate the aesthetic and property values of surrounding properties;
9.05.010 Nuisances
• In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperable vehicles or parts as public nuisances, the City Council makes the following findings and declarations:
• A. Declarations and Findings. The accumulation and storage of abandoned, wrecked, dismantled, or inoperable vehicles or parts, on private or public property, including highways, creates a condition tending to reduce the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and is injurious to the health, safety and general welfare.
• B. Nuisance Declared. The presence of an abandoned, wrecked, dismantled, or inoperable vehicle or parts, on private or public property, including highways, is declared to constitute a nuisance which may be abated in accordance with the provisions of this chapter. (Ord. 92-5, 5- 12-1992)
All responsible persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, destroy or remove such public nuisances, as defined above, from their property and from their half of the abutting street and alley between the lot lines, as extended, or such public nuisances will be destroyed or removed and such nuisance abated by City authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which Municipal taxes are collected.
All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the City Council of the City of Newman to be held on August 26, 2025, at 7:00 P.M., at which time and place all objections will be heard and given due consideration.
A recording fee of $20 will be imposed by the City of Newman in correlation with the abatement fees when processed.
Dated: August 11, 2025
Alicia
db;v~ Mendoza
Community Liaison/ Recreation Director
City of Newman
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.a.
City Council Meeting
of August 26, 2025
REPORT ON THE TRUNK-OR-TREAT HALLOWEEN EVENT AT THE DOWNTOWN PLAZA RECOMMENDATION:
Staff recommends the City Council approve the Trunk or Treat Halloween event scheduled at the Downtown Plaza on October 31st. 2025, from 5 P.M. to 9 P.M.
BACKGROUND:
The Newman Partnership has requested exclusive use of the Downtown Plaza, and the 1300 block of Main Street, on October 31st, 2025, from 5 P.M. to 9 P.M. to host a Halloween Trunk or Treat event. The Trunk or Treat event will have vehicles parked in the 1300 block of Main Street, West, and East Plaza parking lots. There will be a D.J. playing music and food vendors. There will be NO alcohol served or sold. The event date has no conflicts with other potential community events.
ANALYSIS:
As of the date and time of preparing this staff report, the event organizers are in the beginning stages of planning this event. Any subsequent changes will be reported by staff during the presentation of this report.
The event organizer has made the following requests:
•!• Exclusive use of the Downtown Plaza and the 1300 block of Main Street. Street Closures at Main/Tulare and Main/Fresno.
•!• Waive Standards for Downtown Events in the areas of:
• Clean-up deposit. Downtown standards require a $1,000.00 deposit, refundable upon satisfactory cleaning of the affected area. The event organizer assures staff that they will thoroughly clean up. • Traffic/crowd control device costs. City-owned barricades could be utilized. • Restroom and electrical use fees. Current standards indicate a $25.00 fee for each.
All other Standards for Downtown events will apply.
Event organizers and staff have discussed a configuration for this event, which has the 1300 block of Main Street closed to vehicular traffic. The east plaza parking lot will be open for public parking, and the west parking lot will be closed to vehicular traffic for event staging.
FISCAL IMPACT:
There will be no direct fiscal impact as a result of this event.
CONCLUSION:
This staff report is submitted for City Council consideration and action. Staff recommends that the City Council approve the event as presented.
ATTACHMENTS:
1. Standards for downtown events
2. Map
Respectful I y submitted,
Alicia
~~ Mendoza
Recreation Director/Community Liaison
REVIEWED/CONCUR:
Michael Holland
City Manager
Attachment 1
STANDARDS FOR DOWNTOWN EVENTS
1. DAYS:
One Day Event: Saturday or Sunday preferred.
Two Day Events: Saturday & Sunday or Sunday & Monday may be allowed on holiday weekends.
2. HOURS:
Events should be scheduled during daylight hours. Events may not begin prior to 7:00 a.m. or end later than 9:00 p.m. unless approved by the Chief of Police.
3. STREET USAGE:
First time event:
Anticipated crowd size:
4. INSURANCE:
One block
500 or less - one block
500 tolOOO - two blocks
1000 or more - three blocks
Three Million dollar policy naming the City as an additional insured. This must be received by the City three weeks prior to the event.
5. SECURITY:
Total cost of security for the event will be the responsibility of the event organizer. One half of the anticipated cost of police services will be deposited with the City Finance Department two weeks prior to the event.
General event: 1 officer per 200 attendees or as deemed necessary by the Chief of Police.
Alcohol/Bands/Dances - 2 officers per 300 attendees or more if required by the Chief of Police.
6. MUSIC:
No amplified sound systems before 10 A.M. or after 8 P.M. unless approved by the Chief of Police.
7. ELECTRICAL:
If electrical power use is requested, an electrical use fee of $25.00 will be collected prior to the event date. A diagram of the outlet locations to be used and a plan, consisting of what type of equipment will be used at each outlet location, will be submitted for approval prior to the event date. No more than 20 amps per circuit will be allowed.
Extension cords shall be a minimum of 14-3 gauge wire and properly sized for intended Revised September 25, 2012
Attachment 1
use. The cords shall be protected from abrasions caused by foot traffic and shall be placed so as not to cause a tripping hazard.
8. EVENT PLAN:
The applicant is to complete a street closure plan for barricading the downtown streets and provide a site plan for the location of any portable stages, alcohol sales, and other semi-permanent structures. This must be submitted to the Chief of Police or his/her designee 60 days prior to the date of the event. Downtown plaza usage will also require a site plan.
9. CLEANUP:
The event organizer will be responsible for cleaning the streets, sidewalks and other public areas used by the event. A $1,000.00 deposit will be required. The deposit will be refunded if all city property is cleaned to the satisfaction of the Director of Public Works or his/her designee.
10. APPROVAL OF AFFECTED BUSINESSES:
First Time Events: Provide written approval of at least 75 percent of any business affected by the proposed street closure in the blocks involved.
Yearly Events: Provide a flyer making the downtown business community aware of the type of event, date, time and streets to be used.
Notification must be completed at least 45 days prior to the City Council meeting and must be approved by the Chief of Police or his/her designee.
11. BUSINESS LICENSES:
All local and out of town vendors/businesses conducting sales of goods or services shall have a business license with the City of Newman prior to participating in the event.
12. HEALTH PERMITS:
Food vendors shall obtain a Stanislaus County Health Permit prior to the sale of any food items.
13. CANOPIES OR OTHER TEMPORARY STRUCTURES:
All temporary structures including but not limited to stages, platforms and booth structures must be inspected by the City's Building Department on the day of the event.
Any direct cost to the City for this service will be the responsibility of the fundraiser/organizer. Any use of canopies must be inspected and approved by a designee of the City on the day of the event. No canopies or temporary structures are to be tethered or anchored, to any tree, structure, or fixture.
14. BLEACHERS:
Revised September 25, 2012
Attachment 1
All bleachers must be inspected by the City's Building Department the day of the event.
Any direct cost to the City for this service with be the responsibility of the fundraiser/ organizer.
15. ADVERTISING:
The event organizer shall not advertise or promote the event until the event has been approved by the City Council
16. ALCOHOL:
The sale or providing of alcohol shall be done under the following conditions:
A. That it is the fundraiser/organizers responsibility to make sure vendors obtain an on sale one-day permit from the California Alcohol Beverage Control Board (commonly known as ABC). This must be done and received by the City two weeks prior to the event.
B. That alcohol is served in paper or plastic cups (no glass cups or bottles).
C. That no alcohol sold inside any establishment can be consumed in the street closure area or plaza.
D. That the City Council approves the use of the street closure, or plaza, for a beer garden and that they waive the city ordinance prohibiting consumption of alcohol on public streets.
17. TRAFFIC/CROWD CONTROL DEVICES:
The fundraiser/organizer will be responsible for the direct cost of barricades, no parking signs, and any other required devices.
18. STATEMENT OF FUNDS
The fundraiser/organizer will provide documentation and/or a list of who has or will financially benefit from the fundraiser for the current event and any previous events. It will also state how much was raised and the amount or percentage that will or has been donated to what community organization(s).
19. TRASH RECEPTICALS
The event coordinator shall provide trash receptacles for the event in an amount not less than one per fifty attendees.
20. PLAZA USAGE
The standards for downtown events will apply to the downtown plaza where applicable.
Additional plaza-specific standards include:
A. The East parking lot will remain open for event parking.
B. Any requests to close the West parking lot will be submitted in the event plan.
Revised September 25, 2012
Attachment 1
C. Any request to open the plaza restrooms for use will be submitted in the event plan and will be subject to a use fee of $25.00 collected prior to the event date.
D. No use of any kind in the planters and other vegetation areas of the plaza.
E. No anchoring to any trees, vegetation, or other stationary plaza structures.
F. Use of the stage shall be requested in the event plan. 21 . ADMINISTRATIVE OPTION FOR "PLAZA ONLY" USE
For smaller events that are contained within the plaza, an administrative option can be utilized with the following conditions:
A. The event is being hosted by a non-profit group for public benefit.
B. The event is contained within the pedestrian areas of the plaza.
C. All parking lots remain open and accessible for vehicle parking.
D. The event is no longer than three hours in duration.
The administrative option for plaza use will require approval from the City Manager, Chief of Police, and Fire Chief. This option is designed to streamline the process for smaller events that meet the above criteria. All other event standards will still apply, but waivers may be decided by the administrative group.
Revised September 25, 2012
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