ORANGE COVE CITY COUNCIL
REGULAR COUNCIL MEETING
Wednesday, January 14, 2026
6:30 PM
City of Orange Cove Council Chambers
633 6th St.
Orange Cove, CA 93646
ZOOM Information
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1. CALL TO ORDER/WELCOME
Roll Call
Invocation
Pledge of Allegiance
CONFIRMATION OF AGENDA
3. PUBLIC COMMENT
Notice(s) to the Public: This is the opportunity for any member of the public to address the City Council on any item over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Public members shall limit their remarks to three (3) minutes and no more than 15 minutes per topic.
CONSENT CALENDAR
(All items listed under the consent calendar category are considered routine. The complete consent calendar will be enacted by one motion by ROLL CALL VOTE.
For purposes of discussion, any council member may have an item removed from the consent calendar and made part of the regular agenda. The Council can then approve the remainder of the consent calendar.
4.a. Approval of Minutes of the Joint Meeting of Cisneros Orange Cove City Council and Successor Agency
on December 10, 2025
4.b. Approval/Consideration of the 2026 City of Orange Cove Cisneros Events Calendar
4.c. Approval/Adopt Resolution No. 2026-01 approving the Amended Cisneros Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (CSJVRMA)
4. d. Approval of December 2025 Warrant List Jimenez
5. REGULAR BUSINESS Administration Department-City Manager Escobar
5.a. Subject: Funding Mechanism Options: Parcel Tax.
Recommendation: Staff recommends to proceed with the pursuit of an evergreen Parcel Tax with an escalator clause as an alternative funding mechanism. If Council approves to proceed then staff will return with a professional service agreement with NBS.
5.b. Subject: Current Use of Soup Kitchen, Community Center Shower Access, and Future Temporary Sleep Pods.
Recommendation: Staff recommends that the City Council acknowledge and continue the current use of volunteer-operated soup kitchen services, authorize the coordinated use of Community Center shower facilities to support unhoused individuals, and direct staff to explore the feasibility, partnerships, and funding opportunities for future temporary sleep pods as a short-term shelter solution.
6. STAFF COMMUNICATIONS-Informational Only
6.a. Planning Department-Director Patlan
7. CITY MANAGER'S REPORT
8. CITY ATTORNEY'S REPORT
9. CITY COUNCIL COMMUNICATIONS
10. CLOSED SESSION
A closed session is needed to discuss the following matter:
10.a. Conference with Legal Counsel - Existing Litigation (§ 54956.9) Name of case: Velicescu v. City of Orange Cove,
Case No. 24CECG02311
10.b. Conference with Real Property Negotiations (§ 54956.8) Property: 507 Park Boulevard, Orange Cove, CA 93646
Agency Negotiation: Samuel Escobar, City Manager
Negotiating Parties: Tom Greenwood
10.c. Conference with Real Property Negotiations (§ 54956.8) Property: APNs 378-063-07 and 378-220-19
Agency Negotiation: Samuel Escobar, City Manager
10.d. Conference with Real Property Negotiations (§ 54956.8) Property: APN 375-040-361
Agency Negotiation: Samuel Escobar, City Manager
Manager Negotiating Parties: Palwinder Singh and
Ravinder Kaur
11. ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing notice was posted in accordance with the applicable legal requirements. Dated this 9th day of January 2026.
(ruthia Cieneros
Cynthia Cisneros, City Clerk
Notice: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 626-4488 ext. 213 Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.
Documents: Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall, Orange Cove, CA during normal business hours. In addition, most documents are posted on City's website at cityoforangecove.com.
STATEMENT ON RULES OF DECORUM AND ENFORCEMENT
The Brown Act provides that members of the public have a right to attend public meetings, to provide public comment on action items and under the public forum section of the agenda, and to criticize the policies, procedures, or services of the city or of the acts or omissions of the city council. The Brown Act also provides that the City Council has the right to exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion.
During a meeting of the Orange Cove City Council, there is a need for civility and expedition in the conducting of public business in order to ensure that the public has a full opportunity to be heard and that the Council has an opportunity to conduct business in an orderly manner. The following is provided to place everyone on notice of the rules of decorum and enforcement.
GENERAL RULES OF DECORUM
While any meeting of the City Council is in session, the following rules of decorum shall be observed:
1. All remarks shall be addressed to the City Council as a whole and not to any single member, unless in response to a question from a member of the City Council.
2. A person who addresses the City Council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct (i) which is likely to provoke others to violent or riotous behavior, (i) which disturbs the peace of the meeting by loud and unreasonable noise, (iii) which is irrelevant or repetitive, or (iv) which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
3. A person, other than members of the Council and the person, who has the floor, shall not be permitted to enter into the discussion unless requested by the mayor to speak.
4. Members of the City Council may not interrupt a person who has the floor and is making public comments. Members of the City Council shall wait until a person completes his or her public comments before asking questions or commenting. The mayor shall then ask Councilmembers if they have comments or questions.
5. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting.
ENFORCEMENT OF DECORUM RULES
(Resolution No. 2012-16)
While the City Council is in session, all persons must preserve order and decorum. A person who addresses the city council under public comment for a specific agenda item or under the Public Forum section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
The mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If after receiving such a warning, the person persists in breaching the rules of decorum, the mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the mayor or presiding officer may direct the City Manager to contact law enforcement.
In accordance with the Point of Order Rule 4.6, the majority of the Council may overrule the mayor if the majority of the Council believes the mayor or other presiding officer is not applying the rules of decorum appropriately.
4. a
ORANGE COVE CITY COUNCIL
JOINT MEETING MINUTES
December 10, 2025
The Joint Meeting of Orange Cove City Council and Successor Agency was called to order by Mayor Guerra- Silva at 6:30 PM on Wednesday, December 10, 2025, in the City of Orange Cove Council Chambers at 633 6th Street, Orange Cove, California.
1. ROLL CALL
COUNCIL MEMBERS' PRESENT
Ortiz, Del Bosque, Mayor Pro-Tem Garcia, Rodriguez, and Mayor Guerra-Silva.
ABSENT
None.
INVOCATION
Council Member Ortiz.
PLEDGE OF ALLEGIANCE
Council Member Rodriguez.
2. CONFIRMATION OF AGENDA
The agenda was confirmed with no changes.
3. PUBLIC COMMENT
No one spoke during public comments.
4. CONSENT CALENDAR
Action: Motion made by Council Member Garcia, seconded by Council Member Ortiz to accept, approve, and adopt all items under the Consent Calendar. The motion was unanimously carried.
4.a. Approval of Minutes of the Special Meeting of November 25, 2025
4.b. Approval of November 2025 Warrant List
4.c. Subject: Approval of the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget for FY 2026-27 Recommendation: Staff recommends that the Successor Agency adopt Resolution No. SA 2025-35, approving the Recognized Obligation Payment Schedule for the period July 1, 2026, through June 30, 2027, and the Administrative Budget for Fiscal Year 2026-27.
4.d. Subject: Approval of Consulting Services Contracts with RSG, Inc.
Recommendation: Staff recommends adoption of Resolution No. 2025-36 approving a contract with RSG, Inc. to provide consulting services to the Successor Agency for Fiscal Years 2026-27 through 2028-29, and Resolution No. 2025-37 approving a contract with RSG, Inc. to provide consulting services to the Housing Successor for the same period.
4.e. Subject: Reauthorization of CDBG Agreement for Sheridan Park Improvements Recommendation: Staff recommends reauthorizing the City Manager to execute the CDBG Agreement for the Sheridan Park Improvement Project. The agreement provides $50,000 in CDBG funding to design a 32-stall parking lot at the north end of Sheridan Park and to complete street, drainage, and ADA improvements along the 2nd Street frontage.
ORANGE COVE CITY COUNCIL JOINT MEETING MINUTES-DECEMBER 10, 2025
4. f. Subject: Approval of Resolution No. 2025-33 - CDBG Grant Close-Out Recommendation: Staff recommends approval of Resolution No. 2025-33 to accept final products and documentation and to formally close out CDBG Contract No. 21-CDBG-PL-30005 (City of Orange Cove Planning & Technical Assistance for Water Well and Storage Tank). The resolution authorizes:
Submission of final project deliverables, Disencumbrance of $205,458.25 in grant funds, and Formal close-out of the CDBG grant.
4. g. Subject: Acceptance of Property Dedication for Tangerine Drive and Water Improvements Recommendation: Staff recommends the City Council accept a property easement dedication from Efrain Yanez Construction, Inc. for a portion of APN 398-021-07 totaling approximately 1,320 square feet. The commitment is needed to facilitate the construction of Tangerine Drive and related water system improvements for the new City well and 1.0 MG storage tank. Acceptance will allow recordation of the easement with the Fresno County Assessor's Office as required for issuance of the encroachment permit.
5. PUBLIC HEARING
5. a. SUBJECT: Second Reading and Adoption of Ordinance No. 401 "An Ordinance Amending Title 7 of the Orange Cove Municipal Code in Its Entirety.
RECOMMENDATION: Staff recommends to the City Council Conduct a Public Hearing to receive any comments regarding the proposed Ordinance 2) Approve Second Reading and Adopt Ordinance No. 402 "An Ordinance of the City Council Amending Title 7, "Public Nuisance" in its entirety.
Planning Director Patlan addressed the city council.
Mayor Guerra-Silva opened the Public Hearing at 6:36 PM. No public comments were offered. The Public Hearing was closed by Mayor Guerra-Silva at 6:37 PM.
Action: Motion made by Council Member Ortiz, seconded by Council Member Garcia to the City Council Conduct a Public Hearing to receive any comments regarding the proposed Ordinance 2) Approve Second Reading and Adopt Ordinance No. 402 "An Ordinance of the City Council Amending Title 7, "Public Nuisance" in its entirety. The motion was unanimously carried.
6. REGULAR BUSINESS
6.a. SUBJECT: Approval for Resolution No. 2025-34 approving the contract between the City of Orange and the Fresno-Madera Area Agency on Aging for FY 2025-2026.
RECOMMENDATION: Staff recommends that the City Council for the City Council to approve the contract with the Fresno-Madera Area Agency on Aging for the fiscal year 2025-2026. The amount awarded was $25,125.00.
Finance Director Jimenez addresses the city council. No public comments were offered.
Action: Motion was made by Council Member Garcia, seconded by Council Member Del Bosque, to approve the contract with the Fresno-Madera Area Agency on Aging for the fiscal year 2025-2026. The amount awarded was $25,125.00. The motion was unanimously carried.
6.b. SUBJECT: Final Parcel Map No. 2023-01, Singh/Kaur Dividing Eight Acres Into Eight Parcels Ranging From.09 and 1/10 Acres In Size Located On The West Side of Anchor Avenue and 750 Feet North of Park Blvd.
RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 2025-31 approving the Singh Final Parcel map 2023-01, subject to the "Conditions of Approval" hereby attached and the Statement, conditions and Restrictions Affecting the Land Document.
Planning Director Patlan addressed the city council. No public comments were offered.
Action: Motion was made by Council Member Garcia, seconded by Council Member Rodriguez, to approve ORANGE COVE CITY COUNCIL JOINT MEETING MINUTES-DECEMBER 10, 2025 Resolution No. 2025-31 approving the Singh Final Parcel map 2023-01, subject to the "Conditions of Approval" hereby attached and the Statement, conditions, and Restrictions Affecting the Land Document.
Motion carried.
AYES: Garcia, Rodriguez, Ortiz, Guerra-Silva
NOES: None
ABSTAIN: Del Bosque
ABSENT: None
7. CITY MANAGER'S REPORT
Organize a strategic planning workshop with the community.
Explore options for temporary or transitional housing for the homeless population.
8. CITY ATTORNEYS REPORT
Nothing to Report.
9. CITY COUNCIL COMMUNICATIONS
Council Member Ortiz
Thankful for the turnout at the Christmas Event. And thanked the Public Works, staff, and the Fire Dept. for their hard work and participation in providing Santa Claus.
Reminder of the Annual 2025 Toy Giveaway on Saturday, December 20th.
There is still time to register, as the deadline has been extended.
Looking to provide the 2026 City of Orange Cove Events Calendar in January.
Mayor Pro Tem Garcia
• Thank you to everyone who came out and supported the Christmas Event and everyone involved. The bomb fires were nice.
Council Member Del Bosque
• He has been happy with the events all year long. Thanked the Chiefs for their presence, staff, and everyone in attendance, especially the youth. They are the future of our community.
Council Member Rodriguez
She was happy with the Christmas Event and the turnout. The park was packed. The bomb fires were a great touch. Thank you to everyone involved.
Mayor Guerra-Silva
Thanked everyone who participated in the event and all who played a role in making the event a success. The bomb fires were nice.
Provided an update on Sandy's Soup Kitchen.
Discussed helping the unhoused in the city.
10. ADJOURNMENT There being no further business, the meeting was adjourned at 7:17 PM.
Respectfully submitted,
Cynthia Cisneros, City Clerk Diana Guerra-Silva, Mayor
For the Meeting of January 14, 2026
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Cynthia Cisneros, City Clerk
Subject: 2026 City of Orange Cove Events Calendar
Attachments: 2026 City of Orange Cove Events Calendar
RECOMMENDATION:
Staff recommends that the City Council review and approve the proposed 2026 City of Orange Cove Events Calendar.
BACKGROUND:
The City of Orange Cove, in collaboration with local community partners and sponsors, hosts an annual Toy Giveaway event to bring holiday cheer to children and families in need within the community. This event has become a long-standing tradition.
FISCAL IMPACT:
Funding is not currently budgeted; however, staff is exploring partnerships and sponsorship opportunities.
CONFLICT OF INTEREST:
None.
Prepared by: Cynthia Cisneros Approved by: Samuel A. Escobar, City Manager REVIEW: Samuel A. Escobar Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
Redevelopment Agency
2026 City of Orange Cove Events Calendar
Date: Event: Location Budget Expected Costs
Sat. March 28th Easter Celebration Eaton Park 11am-2pm $1,500.00 Basket Ratto, Candy, Games Supplios, Cortificate of Fri. May 1st Hispanic Heritage Celebration/Parade* Eaton Park nies. Train, Band, Mariaches, Insurance, Trophie 4pm-9pm $5,000 da. Cortificate of Insun
Fri. July 3rd 4th of July Celebration Behind Skate Park 5pm-9pm $25,000 Firoworks, Trophies, Water Sides, D., Decos, Corificate of Sat. Oct. 31st Halloween Trunk or Treat Eaton Park 6pm-9pm $2,000 Applications for TOY DRIVE AVAILABLE Candy, Rolas of plastic. Trophios., Cartificate of Insurance Mon. Nov. 9th City Hall Ongoing
Mon. Nov. 23rd Thanksgiving Celebration OC Community Center | 5pm-8pm $7,000 Food. Deser. Certificate of Insuranco Thur. Dec. 3rd Christmas Parade & Tree Lighting Train Rides, Candy Canes, Trophica, DJ, Cortficato of Eaton Park 5pm-8pm $2,500 Insurence
Sat. Dec. 12th City Christmas Staff Celebration OC Community Center | 6pm-10pm $5,000 Catonna & Entecaimant Certicate of Insurante Sat. Dec. 19th Toy Giveaway OC Community Center 10am-1pm $15,000 Toya Total: $63,000.00
For the Meeting of January 14, 2026
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Cynthia Cisneros, City Clerk
Subject: Adopt Resolution 2026-01 Approving the Amended Joint Powers Agreement of the Central San Joaquin Risk Management Authority (CSJVRMA)
Attachments: Resolution No. 2026-01
Amended CSJVRMA Joint Powers Agreement
RECOMMENDATION:
Staff recommends that the City Council Adopt Resolution 2026-01 Approving the Amended Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (CSJVRMA).
BACKGROUND:
The City of Orange Cove, in collaboration with local community partners and sponsors, hosts an annual Toy Giveaway event to bring holiday cheer to children and families in need within the community. This event has become a long-standing tradition.
The Central San Joaquin Valley Risk Management Authority (CSJVRMA) is a governmental Joint Powers Authority (JPA) established in 1979 to provide self- insurance, insurance, excess insurance, and other group-purchased coverage for its member cities. Since its formation, the CSJVRMA has provided member cities with coverage for workers' compensation, liability, crime, auto, property, and employer's liability insurance. The City of ORANGE COVE is a member of the CSJVRMA. The City's membership in the CSJVRMA is a form of risk pooling, a proven cost-effective approach, as opposed to relying on traditional insurance carriers for these essential coverages.
The CSJVRMA Executive Committee recently conducted a full review of its governing documents to ensure they continue to reflect current practices, legal requirements, and operational needs. As a result of the evaluation, the CSJVRMA Executive Committee has identified the need to update the Joint Powers Agreement. Recommended updates are as follows:
• Clearer definitions and updated language;
• Flexibility for potential future participation in captive agency insurance programs; New language pursuant to Government Code Section 6509 to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance, or resolution simply by becoming a member of a JPA; as further explained below.
JPAs are formed to permit public entities to exercise powers collectively that they could exercise individually absent the JPA. However, to avoid a JPA from having to comply with any restrictions that might be in place for all JPA members, Government Code Section 6509 permits the JPA to designate a member city whose restrictions would apply to the operations of the JPA. The City of Ripon has been added to the Amended Agreement as the selected 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.
The JPA Agreement was last updated in 1994. The CSJVRMA Executive Committee approved the Amended Joint Powers Agreement on June 26, 2025. To take effect, the Amended Agreement must be approved by resolutions of at least two-thirds of the 53-member city governing boards.
FISCAL IMPACT:
Staff is not aware of any budgetary impact
CONFLICT OF INTEREST:
None.
Prepared by: Cynthia Cisneros Approved by: Samuel A. Escobar, City Manager REVIEW: Samuel A. Escobar Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION X Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Report Continued to:
Redevelopment Agency
RESOLUTION NO. 2026-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE COVE
APPROVING AMENDED JOINT POWERS AGREEMENT 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 Orange Cove is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHEREAS, the City of Orange Cove is a member of the CSJVRMA; and 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; and
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orange Cove 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, including any corrections or clerical changes to the form of agreement attached hereto as may be requested by the CSJVRMA and approved by no less than 2/3 of the members of the CSJVRMA.
PASSED, APPROVED AND ADOPTED this 14th day of January 2026, at a regular council meeting of the Orange Cove City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Diana Guerra-Silva, Mayor
ATTEST:
Cynthia Cisneros, City Clerk
CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994
CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT
TABLE OF CONTENTS
ARTICLE I 3
DEFINITIONS.
ARTICLE lI
PURPOSES
ARTICLE |I 4
CREATION OF JOINT POWERS AUTHORITY .4
ARTICLE IV
PARTIES TO AGREEMENT
ARTICLE V
MEMBERSHIP
ARTICLE VI.....
TERM OF AGREEMENT
ARTICLE VII
a o
POWERS OF THE AUTHORITY
ARTICLE VIII... 7
BOARD OF DIRECTORS
ARTICLE IX
BYLAWS AND REGULATIONS
ARTICLE X..
EXECUTIVE COMMITTEE.. ...8
ARTICLE XI ..9
OFFICERS .9
ARTICLE XII.
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 XXII.. 12
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION 12
ARTICLE XXIII 13
TERMINATION OF AUTHORITY 13
ARTICLE XXIV 13
AUDIT 14
ARTICLE XXV 14
ARBITRATION ...14
ARTICLE XXVI ... 14
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII 14
ENFORCEMENT 14
ARTICLE XXVIII 14
AMENDMENTS 14
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; 20251994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:
WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and Joint Powers Agreement Page 1 Amended July 1, 20251994
WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the- Member Cities by resolution of the City Councils of said Cities:
NOW, THEREFORE, for and in consideration of the execution of this Agreement by two- thirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.
Joint Powers Agreement Amended July 1, 20251994
ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority
"Agreement" shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'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 for the purpose of carrying out the powers of the Authority. these i ged for the purpose of self-insured coverage "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased-.
Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding Joint Powers Agreement Page 3 Amended July 1, 20251994
of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions-setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
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, -
Member City whe has been designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City's risk management functions (i.e. finance, human resources, claims/losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.
ARTICLE II
PURPOSES
The purpose of this Agreement is to provide joint powers common to each- Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services and share risks) to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities- desiring to become parties to the Agreement.
Joint Powers Agreement Page 4 Amended July 1, 20251994
ARTICLE III
CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.
It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.
The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
A. Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement-_ A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement-Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
B- Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this
ARTICLE V
MEMBERSHIP
A. ELIGIBILITY
Joint Powers Agreement Page 5 Amended July 1, 20251994
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
The Authority shall Have all of the powers commen to Member-Cities and all additional powers-set forth in Section 6500, et-sepand Section 989, etsed-of the Government Code and other ooplicable-liw. The Authority shall have all of the rights, immunities, privileges; and defonser afferded each Member City-and peculiar to the porticular Member City being sued or against which there has-been a claim.
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. to mMake and enter into contracts;
2. to ilncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;
Joint Powers Agreement Page 6 Amended July 1, 20251994
to aAssess Member Cities as deemed appropriate fer geed cause as determined by the Executive Committee;
4. to aAcquire, hold, or dispose of real and personal property; 5: to Receive contributions and donations of property, funds, services, and other forms of assistance from any sources;
6. to-sSue and be sued in its own name;
7. to Employ agents and employees;
8. to-aAcquire, construct, manage, and maintain buildings;
9. to Lease real or personal property, including propertythat of a Member City; and
10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
Whenever-in-this Agreement-ar consent-or opproval is required, the tame shall not te unreasonably withheld.This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
ARTICLE VIII
BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one-Representative from each Member City, each serving in an individual capacity as a member of the Board.-_Each Member City shall appoint one Representative_ Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate-_Each 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.
MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year--_The -Executive Committee shall determinefix by resolution the date upon which and the hour and place at which each regular meeting is to be held. Commented [JW1]: Meetings will continue to be adopted by the EC, but in a less
formal manner than by resolution.
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary-_ The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Joint Powers Aoreement Page 7 Amended July 1, 20251994
notice of the special meeting being given.
Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
The Authority shall have minutes of regular and special meetings kept_As soon as possible after each meeting, copies of the minutes shall be forwarded to each -Member City.
A majority of the members of the Board is a quorum for the transaction of business.
However, less than a quorum may adjourn from time to time.-_A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.
C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator-_The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments toTe change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. To creation ofe any new Joint Protection Program;
3. To termination of ae any Joint Protection Program;
4. To-expulsion ofel a Member City;
5. To-adoption of an operating budget for the Authority;
6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and
7. To-Aauthorization for e the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
Joint Powers Agreement Page 8 Amended July 1, 20251904
ARTICLE XI
OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer-_ Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable-. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.
The president shall appoint semeone other than the treasurer to perferm the-functions of auditor/controller of the Authority shall be performed by the Authority's contrasted n firmofficers or employees or in house staff or the presitent may sume these amber-of the
Board!- The Treasurer and auditor/controller have the powers, duties, and responsibilities Commented [JR2]: Staff conformed this specified in Government Code Section 6505.6- The Beard treasurer ano section to reflect current practices/align with 6505.6.
ial-bond-in the amount be-fixed-by the
Board. The Authorit y this-section. The Authority
shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.
ARTICLE XII
JOINT PROTECTION PROGRAMS
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 no bligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilitie of any other program. Separate accounting shall be maintained for each Joint Protection
ARTICLE XIII
RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Joint Powers Agreement Page 9 Amended July 1, 20251994
to cover the retained portion of losses that may be insured against by the Authority or the Member Cities-_ The funds treasurer shall be invested and reinvest the funds-in compliance with the Authority's Investment Policy and relevant state laws, and in the same manner as if they were Commented [JR3]: This change is to allow Member City funds for the potential formation of a captive entity, and investment under other state
Refunds shall be made in accordance with the Master Plan Document for each program.
Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
ARTICLE SIV in withholding refund amounts.
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 otheritems 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 Joint Powers Agreement Page 10 Amended July 1,
20251994
record and file keeping services-_The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. conduct risk management audits to review the participation of each Member City in the program; and
7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
ARTICLE XVIII
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1 pay all financial obligations to the Authority within the time prescribed;
2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff:
4. adept a risk menagement program-carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority:
5. establish a risk manogement.ady manager of
the Author
6. maintain
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. twith th rastablish
by the State of C Commented [JW5]: This will be included in
10. submit underwriting information requested by the Authority on a timely basis; the program master plan document
11. provide accurate statistical data concerning the Member City to the Authority when requested;
12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and
14. comply with risk management requirements established under the authority of this Agreement.
ARTICLE XIX
Joint Powers Agreement Tage 11 Amended July 1,
20251.994
WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program-_A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.
ARTICLE XX
INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents-_Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.
ARTICLE XXI
CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.
ARTICLE XXII
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
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 Joint Powers Agreement Page 12 Amended July 1,
20251994
participate in any pooled Joint Protection Programs.
ARTICLE XXIII
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. _The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority-_ Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that
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.
Joint Powera Bardement Page 13 Amended July 1,
20251994
ARTICLE XXV
ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.
ARTICLE XXVI
BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,
AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.
ARTICLE XXVII
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement.._ In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
ARTICLE XXVIII
AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement-_ Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
Joint Powers Agreement Page 14 Amended July 1,
20251-994
ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
Dated:
MEMBER CITY
BY:
Joint Powers Agreement Page 15 Amended July 1,
20251994
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
ARTICLE III - CREATION OF JOINT POWERS AUTHORITY 4
ARTICLE IV - PARTIES TO AGREEMENT.. . 4
ARTICLE V - MEMBERSHIP... 5
ARTICLE VI - TERM OF AGREEMENT.. 5
ARTICLE VII - POWERS OF THE AUTHORITY.. 5
ARTICLE VIII - BOARD OF DIRECTORS.
ARTICLE IX - BYLAWS AND REGULATIONS..... 7
ARTICLE X - EXECUTIVE COMMITTEE 7
ARTICLE XI - OFFICERS 8
ARTICLE XII - JOINT PROTECTION PROGRAMS.. 8
ARTICLE XIII - RESERVE FUNDS. 8
ARTICLE XIV - OPERATING FUND.. 9
ARTICLE XV - BUDGET.. 9
ARTICLE XVI - FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS. . 9 ARTICLE XVII - RESPONSIBILITIES OF AUTHORITY .. 9
ARTICLE XVIII - RESPONSIBILITIES OF MEMBER CITIES 10
ARTICLE XIX - WITHDRAWAL... .. 10
ARTICLE XX - INVOLUNTARY TERMINATION. 11
ARTICLE XXI - CONTINUED LIABILITY... 11
CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents
ARTICLE XXII - REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION 11 ARTICLE XXIII - TERMINATION OF AUTHORITY 11
ARTICLE XXIV - AUDIT.. 12
ARTICLE XXV - ARBITRATION • 12
ARTICLE XXVI - BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE.. 12
ARTICLE XXVII - ENCORCEMENT 12
ARTICLE XXVIII - AMENDMENTS 13
ARTICLE XXIX - NOTICES 13
ARTICLE XXX - COUNTERPARTS 13
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 two- thirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.
ARTICLE I
DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
"Agreement" shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'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 for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:
1. The scope of the program;
2. The procedures to be followed;
3. Who may participate;
4. Any limits or restrictions;
5. How Deposit Premiums are determined;
6. How refunds, if any, are determined;
7. Commitments required by participants; and
8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City's risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control).
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 III
CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.
It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.
The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.
ARTICLE IV
PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.
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.
ARTICLE V
MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.
B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.
ARTICLE VI
TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.
This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.
ARTICLE VII
POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.
The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:
1. Make and enter into contracts;
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; Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
6. Sue and be sued in its own name;
7. Employ agents and employees;
8. Acquire, construct, manage, and maintain buildings;
9. Lease real or personal property, including property of a Member City; and
10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.
This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
ARTICLE VIII
BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.
Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.
B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.
The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special 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 for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:
1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;
2. Creation of any new Joint Protection Program;
3. Termination of any Joint Protection Program;
4. Expulsion of a Member City;
5. Adoption of an operating budget for the Authority;
6. Amendments to the Authority's Conflict of Interest Code; and
7. Authorization for the issuance, modification, or defeasance of bonds.
ARTICLE IX
BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.
ARTICLE X
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.
Joint Powers Agreement Page 7 Amended and Restated July 1, 2025
ARTICLE X
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.
Joint Powers Agreement Page 8 Amended and Restated July 1, 2025
ARTICLE XIV
OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.
ARTICLE XV
BUDGET
The Board shall adopt a budget annually.
ARTICLE XVI
FUNDING AND PROCEDURES FOR CALCULATING
ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.
ARTICLE XVII
RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:
1. Assist Member Cities in developing their risk management programs;
2. Participate in risk management advisory committees formed by Member Cities;
3. Provide loss prevention, safety, and security services;
4. Provide all program services as required by program Master Plan Documents;
5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;
6. Conduct risk management audits to review the participation of each Member City in the program; and
7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.
Joint Powers Agreement Page 9 Amended and Restated July 1, 2025
ARTICLE XVIII
RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:
1. Pay all financial obligations to the Authority within the time prescribed;
2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;
3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;
4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;
5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;
6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;
7. Submit underwriting information requested by the Authority on a timely basis;
8. Provide accurate statistical data concerning the Member City to the Authority when requested;
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 XXII
REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.
ARTICLE XXIII
TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority.
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 XXVII
ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.
Joint Powers Agreement Page 12 Amended and Restated July 1, 2025
ARTICLE XXVIII
AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.
ARTICLE XXIX
NOTICES
Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.
ARTICLE XXX
COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.
Dated:
MEMBER CITY
BY:
Joint Powers Agreement Page 13 Amended and Restated July 1, 2025
4. d.
REPORT.: Jan 0726 Wednesday CITY OE ORANGE COVE PAGE: 001 KUN. Ban 07 26 Time: 05:21 Cash Disburnement Detali Ruport ID #: PY-DP Run By.: Sophia Sepulveda Check Lating for 12-25 thru 12-25 Bank Account. i 1010 ORA Check Check Vendar
Number Date Number Name Amount Invoice # Description
A1225 12/03/25 ANT02 ANTHEM BLUE CROSS 52815.69 511937931H MO INSURANCE 12/25 INV#0202511937931 H1225 12/03/25 HUMO 1 HUMANA INSURANCE CO. 5671.16 342322154H MO INSURANCE 12/25 053074 12/02/25 CP001 COVE PRINTING 202.99 62432 CE INSPECTION REQUEST FORMS 053075 12/02/25 DLCO1 DINUBA LUMBER CO 171.35 971061 PD BLDG REPAIR SUPPLIES
69.33 975753 EW STREET REPAIR SUPPLIES
7.80 976009 EW CRAFTITE SUPPLIES
Check Total.C.ia.r: 246.48
093076 12/02/25 F0002 FOOTHILL AUTO TRUCK & AE 59.55 960396 PD VEHICLE MAINT-UNIT #15-05 053077 12/02/25 MКP01 MINERAL KING PUBLISHING, 162.00 720090 PUBLIC NOTICE-ORDINANCE NO.402 053078 12/02/25 PBT01 POWER BUSINESS TECHNOLOGY 15,95 IN261358 PW COPY MCEN SUPPLIES 053079 12/02/25 QUI01 FRED QUINTANILIA 55.06 45578818 BLDGEK JANITORIAL SUPPLIES 05308G 12/02/25 RL001 REEDLEY LOMBER CO. 111.41 | 379724 AS BEDG REPALRS 053081 12/02/25 LEO04 ISABEL B. LEON 700.00 110825 CC RENTAL DEPOSIT REFUND 11/8/25 053082 12/03/25 B0001 BOOT BARN, INC 175.00 V00524990 ADM SAFETY SHOES 25/26-D DOMINGUEZ INV#INV00524990 053083 12/03/25 PC007 PATRICK CHAPPEE 4031.25 OC-039 AUDIT PREP 11/15-28/25 053080 12/03/25 USBK1 US BANK 1320.00 7903572 TRUSTEE ADMIN FEE-DO REDEV AGCY 053085| 12/03/25 USB02 US BANK N.A. CM 9705 39950. 00 3067681 1995 WATER SYST IMPR PROJ 053056 12/04/25 EPE01 ELISSA'S PONY EXPRESS 700.00 21 XMAS TREE LIGHTING & PARADE-TRAIN 12/4/25 053087 12/04/25 TS001 TONY SOSA DRA DT TOERNEE 479.00 12425 XMAS TREE LIGHTING & PARADE-DJ 12/4/25 053098 12/05/25 SELF1 SELF-HELP ENTERPRISES 16144.76 CRA21HB29 21-CDBG-HA-00008 10/25 053089 12/09/25 ATTMI ATET MOBILITY 1119.91 X11242025 CELL PH & COMM SVCS 10/25 INV#287019327302X1124202 053090 12/09/25 CFI01 CALTFORNIA PORENSIC INSTT 400.00 OCPD003 ED NEW HIRE BACRGROUND-B ORREA 053091 12/09/25 DLC01 DINUBA LUMBER CO 296.69 979903 EW SUPPLIES 187.59 980544 | PR SUPPLIES
Check Total..........: 484,28
053092 12/09/25 ECSEE ERESNO COUNTY SHERIFE 14178.84 S023153 PD DISPATCH & RMS/JMS SVCS 11/25 ETTY OF ORANGE COVE PAGE: 002
HE Can 8728 Wenesday Jan 07 26 ID #: PY-DE
Casit Disbursement Detail Report
Run By: Sophia Sepulveda Cherk Listing tor 12-25 thru 12-25 Bank Account.: 1010 CHA Check Check Yendor Net
Numbes Date Number starte Amount Invol
053093 12/09/25 OCL02 ORANGE COVE LIQUOR 3878.25 PD 10/2 053094 12/09/25 PGE01
92.12 752-10/25 RAILS-TRAILS LT SVCS 10/25 ACCT #1114385675-2 846.95 835-10/25 PW YARD ELEC SVCS 10/25 ACCT#9900630583-5 :87.30 874-10/25 WTP PUMP ELEC SVCS 10/25 ACCT#1902234887-4 Check Total.........= 29526.15
053095 12/09/25 QUI05 QUILL CORPORATION 55.06 45578818 IW JANITORIAL SUPPLIES 180.06 45944635 CH OFFICE SUPPLIES
150.37 46288151 PD OFFICE SUPPLIES
Check Total-....c.: 385.49
053096 12/09/25 SAMO1 SAM JORGENSEN PUMP CO., 5122.21 500941-IN WNT# BOOSTERS REPAIR (JOB COMPLETION) 053097 12/09/25 SHR02 SHRED-IT, C/O STERICYCLE, 96.22 012296380 DD SHREDDING SVCS 10/25 INV#8012296380 053098 12/09/25 TES01 TOSHIBA FINANCIAL SVCS 859.26 592111116 COPY MCHN PROP TAXES 2025 226.60 592624372 LATE FEES-INV#591660366 & #592111116
REPORT. : Jan 07 26 Wednesday CITY OF ORANGE COVE PAGE: 003 RUN...-: Jan 07 2€ Time: C0:21 Cash Dishursement Detall Raport ID #: PY-DP Run By.1 Sophia Sepulveda Check Listing for 12-25 thru 12-25 Bank Account. : 1010 CTl= ORA Chack Chock Vendar set
Number Date Number Name Amount Invoice # Description
-... .-.-
053095 12/09/25 TESO1 TUSHIBA. FINANCIAL SVCS 3791.37 592624374 COPIER/PRINTER SVCS 11/25 --.-
Check Totale-osasc 4877-23
053099 12/09/25 VAL1Z VALLEY SOIL * FOREST 39. 09
10 P SAND POR SANERE
13.9 Check Tosal...... $15.04
053100 12/09/25 YANDE YANEZ CONSTROCITON 463414.46 02 PARK BLVD IMPR PROJ #23-232.011.0 053101 12/18/25 ACS02 AMAZON CAPITAL SERVICES, 200.34 19NK-1Y14 REC OFFICE SUPPLIES INV#14L6-19NK-1YT4
95.40 D3H4-QPDM REC OFFICE SUPPLIES INV#16NR-D3H4-QPDM
19.75 M4OP-CG9: PW WWTP OFFICE SUPPLIES INV#1X6T-M4QP-CG9E
10.03 SETL-54EW PW CREICE SUPPLIES INV#ILCV-MP7L-G4FW
28.33 NXQC-9QVT REC OFFICE SUPPLIES INV#1X76-NXQC-90VW
618.46 TYT-ONNX REC OFFICE SUPPLIES INV#1WQ9-TYFT-DNNX
Check Total. 962.37
053102 12/18/25 GOM53 GOMEZ, MARTHA 100.09 120225 UB DEPOSIT REFUND-825 11TH ST 053103 12/18/25 JDFOC | JED MEAT COMPASY 5078.39 3301735 THANKSGIVING DINNER-FOOD SVCS 11/24/25 053104 12/18/25 OCL02 ORANGE COVE LIQUOR 1264-4. PD 9/25 D GAS 9/2 1547.40 PW 10/25 T GAS 10/2
Check Total........: 3811.87
053105 12/18/25 OCTS! ORANGE COVE TIRE SERVICE 100.00 32593 PD VEHICLE MAINT-UNIT #19-0
65.00 02752 W VEHICLE MAINT-HACKHO
70.00 32811 PW VEHICLE MAINT-VEH #113
633,38 32819 PD VEHICLE MAINT-UNIT #15-05
Check Total... 868.58
053106 12/18/25 #IT01 PEINEY BOWES GLOBAL ETHAN 225, b7 107522030 POSTAGE MCHN LEASE 4Q INV#3107522030 053107 12/18/25 PROOS PROFORCE MARKETING, INC. 9337.39 576109 PD LAW ENE EQUIP-RED DOT/TAC MOUNTS 2899.13 577099 PD LAN ENE EQUIP-MAG POUCHES/DUTY HOLSTERS 917,79 577437 PD LAN ENF EQUIP-TAC POUCHES
1009.57 579103 PD LAW ENF EQUIP-ADPT PLATES
13932.02 579124 PD LAW ENF EQUIP-SEW MP9'S
Check Tocalinro.ot 28035,90
053108 12/18/25 PR021 PROFESSIONAL PRINT. A MAIL 1696.58 12637 UB PRINTING & MAILING 11/25 REPORT: Jan 02 26 Wednesday CITY: OF ORANGE COVE EAGE:
RUN. .. Tan 07-26 Time: 00:21 Cash Disbursement Detail Report ID #: PE-DE Run By.t Sophia Sepulveda Check Listing for 12-25 chio 12-25 bank Account/i 1010 CIL: ORA Check thack Vendar Set
Number i Date Number Name Amolint Invoice # Певогірсіст ...
053108 12/18/25 PRO21 PROFESSIONAL PRINT & MAIL 1128.00 127636 UB FLYER INSERTS 11/25 Check Total........... 2624,58
053109 12/18/25 RSG01 ROSENOW SPEVACEK GROUP 14386
1195:00 14636 SUE A SURE 10/33
check Total 5032.50
053110 12/18/25 SJVA1 SAN JOAQUIN VALLEY AIR PO $24.00 C378170 PERMIT TO OP-WIP C8160 25/26 053111 12/18/25 UNITY UNITY IT 1115.20 111420 IT SVTS 8/25 3459.10 11E431 IT SVES 8/25
173.00 I1[422 IT SVCS B/25
1141. 24 111568 IT SVCS 9/25
3440.50 I11569 IT SVCE 9/25
185.00 II1STO SVCS 9/25
1124,10 111696 SVCs 10/25
4756,79 11897 SVES 10/25
199.00 ,I698 SVCS 10/25
1115.20 11827 SViS 11/25
3423.25 11828 5VCS 11/25
192.00 111B29 SVCg 11/25
7038.00 111903 IT SVC$ 12/25
Check Totall 27372.38
053112 12/26/25 PCE01 PRECISION CIVIL ENGINEERI 467.50 12403 Pave & Resurface (NR) 9/25 360.00 32423 ETP CIP 2009-2025 3/25
1080,00 32664 Water/WTP CIP 10/25
990.00 32667 Planning & TA (NR) 10/25
962.90 32668 Alley Paving CMAQ 10/25
3260.00 32669 Park Blvd Chip Seal 10/25
82.50 32670 HSIP 11-7 Intersection Imp. 10/25
110.00 32671 ATP Bike Lanes (NR)
540.00 3267E Macias Tract 6289
440.00 32677 Maa co prate 10/29/25
4332.50 32678 (NR) 10/25
220.00 32680
320.00 32681
819.00 32682
82,50 32683 Pave & Resurface (NR) 10/25
82.50 32684 CMAQ Sidewalk Gaps (NR) 10/25
82.50 32685 CMAQ Sidewalk Gaps (NR)| 10/25
2035.00 12686 Measure C SRS (NR) 10/25
720.00 32667 SPR - DH Machine (NR)
3245.00 32688 Caltrans Grant App 10/25
Jan 07, 26 Wednesda CITY DE ORANGE COVE PAGE: 005
Sma: 0022) Cant Disbursement Detail Report DE: BY-DI
Sophla Supolveda Check Listing for 12-25 thru 12-25 Bank Aciount. 1 101C CELY ORA Check Chock Vendor Net
Number base Number Name Amount Invoice # Description
....
053112 12/26/25 PCE01 PRECISION CIVIL ENGINEERI 2450,00 32689 Hills Valley Road Regearch 10/25 5098.52 32695 Utility Rate Study 10/25
15481.45 32696 CIP General 10/25
8385,75 32699 Sheridan Park Renov. 10/25
26719.25 32700 Small Com Grant DWR 10/25
15515.75 32701 Park Blvd (EDA)
7337.00 32702 Park Bivd. Impr. (AHSC) 10/25
3140.00 32703 CIP Trans/Street 10/25
2632.50 32704 Park 10/25
5663.50 32705 Amaya Apts. 10/25
1540,00 32726 CMAQ Paving (24) 11/25
Check Tota3 114186.22
053123 12/29/25 CVI02 VAST NETWORKS 5126.70 69359 PHONE SUCE 11/25 053114 12/29/25 DAPO1 DODSON AUTO PARTS 11.23 54346 PH NIF TOOLS 151.15 54362 PD EQUIPMENT
24.82 54392 EW VEH MAINT SUPPLIES-VEH#113
7.54 54403 PW VEH MAINT SUPPLIES-VEH#280
7.54 54404 VEH REPAIR SUBPLIES
21.58 54411 WHT TOOLS
5.39 54680 PW VEH MAINT SUPPLIES-VEH#270
224.91 54681 PW VEH REPAIR SUPPLIES-VEH#113
13.90 54687 VEH MAINT SUPPLIES-VEH#GOLF CART
526.51 54710 PN VEH REPAIR SUPPLIES-VEH#108
39:23 54720 EN INTP SHOP SUPPLIES
54729 EN VEH REPAIR SUPPLIES-VEH#113
4.79 54743 IN VEH MAINT SUPPLIES
check Total. 1044.41
05311512/29/25F0002 FOOTHILL AUTO TRUCK & AG 31.37 961287 ED VEHICLE MAINT SUPPLIES-FLEET
52.35 961402| ED VEHICLE MAINT SUPPLIES-UNIT#23-12
15.28 962149 PD VEHICLE MAINT SUPPLIES-FLEET
Check Total...: 135.00
053116 12/29/25 GWL01 GRISWOLD LASALLE 11330.00 16983 ATTORNEY MONTHLY FEE 8/25
4.46 16984 HOTOCOPIES 8/2
11330.00 17977 ATTORNEY MONTHLY FEE 9/25
11330.00 18951 ATTORNEY MONTHLY FEE 10/25
40.21 18952 LEGAL RESEARCH 10/25
11330.b0 19889 ATTORNEY MONTHLY FEE 11/29
:23.02 19090 OBTAIN DOCUMENTS 11/25
Check Total.. 45387.63
053117 12/29/25 KOEER KOEFRAN INDUSTRIES, INC. 205.00 000679759 AC SVCS 9/25 INV#0000679759 REPORT: Jan 07 26 DITY OF ORANGE COVE PREE: OCE
Wednesday
Jan 0726 Time: 00:21 Cash Disbursement Detail Report ID #: PY-DP Run By.: Sophia Sepulveda Check Listing for 12-25 thru 12-25 Bank Account.: 1010 CILE CHA Check Check Vendor Set
Number Date Number Name Amount Invoice # Description
*---
053119 12/29/25 MINERAL KING PUBLISHING, 325.50 720466 PUBLIC NOTICE-CED REP 1/20-27/25 053119 12/29/25 QUI05 QUILL CORPORATION 203,83 46155850 PD OFFICE SUPPLIES 053120 12/29/25 SHR02 SHRED-IT, C/O STERICYCLE, 69.88 951001 PD SHREDDING SVCS 053121 12/29/25 SHRCE SWEE 16046.68 8-1052641 WATER SYS AN FEES EY 25/26 053122 12/29/25 T4701 VALLEY GAS 2763.18 PD 9/25 PD GAS 9/25 053123 12/29/25 VAL12 VALLEY SOIL + FOREST 393.57 52786 STREET REPAIR MATERIAL 106.98 52875 STREET REPAIR MATERIAL
Check Total.......: 500.47
053124 12/29/25 VUL02 VULCAN MATERLALS COMPANY 187.63 4051345 STREET REPATE MATERIAL 053125 12/29/25 B0001 BOOT BARN, INC 309.14 :VO05343B1 PW SAFETY SHOES 25/26-A VALENCIA INV#INV00534381 053126 12/29/25 CLS01 CORELOGIC SOLUTIONS, LICI 300.00 30814220 CE PROPERTY DETAIL RETS 10/25 053127 12/29/25 GTI01 GAR BENNETT, LIC 2197.29 1-195852 EN WEED CONYROL 053128 12/29/25 OCTS1 ORANGE COVE TIRE SERVICE 179.13 32898 PW VEHICLE MAINT-VEH#250 053129 12/29/25 SEBO1 SEBASTIAN 704.35 10851510 BLDG ALARM SVCS 12/25 053130 12/29/25 SELES SELF-HELP ENTERPAISES 1484.84 22PLHA18 22-PLHA-17786 10/25 4863, 66 ORA22RE19 22-CDBG-HA-10026 10/25
Check Total. 6348.50
053131 12/29/25 TGC02 SOCALGAS 28.03 0003-0825 PD GAS SVC$ 8/25 ACCT #13871480003
35.83 0003-0925 PD GAS sVCS 9/25 ACT #13871480003
47.51 0003-1025 PD GAS SVCS 10/25 ACCT #13871480003
162.57 0003-1125 PD GAS SVCS 11/25 ACCT #13871480003
14,79 4001-0825 WP GAS SVCS 8/25 ACCT# 05681484001
15.88 4001-0925 WP GAS SVCS 9/25 ACCT #05681484001
15.00 4001-1025 NP GAS SVCS 10/25 ACCT #05681484001
90,51 4003-1125 GAS SVCS 11/25 ACCT #05681484001
.00 2007-0825 CH GAS SVCS 8/25 ACCT #03581485007
4007-0925 CH GAS SVCS 9/25 ACCT #03581484007
10.73 4007-1025 CH GAS SVCS 10/25 ACCT #03581484007
79.28 4003-1125 CH GAS SVCS 11/25 ACCT #03581484007
16.99 4008-0825 PW GAS SVCS 8/25 ACCT #09041484008
18.10 4008-0925 PW GAS sVCS 9/25 ACCT #09041484008
19.35 400B-1025 GAS svcs 10/25 ACCT #09041484008
CITY DE CHANGE COVE PAGE: Q07
BERT Tan 8728 Wedee Tan 8725 Wedesday Cash Disbursement Detail Report ID #: PY-DP Run By.: Sophia Sepuliveds Check Listing for 12-25 thru 12-25 Bank Account.: 1010 Heck Check /endor Net
Number bate lumber Nam Amount Invoice t Description
....
053131 12/29/25 TGC02 SOCALGAS 20-51 1008-1125
25,26 5976-0825
29.97 5976-0925 8880₴
85.28 3976-1025 188888
156.78 5976-1125
15.83 B381-0825 CE
19.36 8381-0925
188.89 8381-1025 вая GAS
650.24 3381-1125 GAS SVCS 11/25 ACCT #08834568381
Check total 1755.61
053132 12/31/25 APV01 VESTIS - ACCOUNTS RECEIVA 580615034 PW UNIFORM INV #2580615034 207.1 580615035 PW JANITORIAL SUPPLIES INV #2580615035
99.10 5030 WTP JANITORIAL SUPPLIES INV #2580615036
WTP UNIFORM INV #258615037
30061308 SC JANITORIAL SUPPLIES INV #2580615038
CH JANITORIAL SUPPLIES INV #2580615039
CC JANITORIAL SUPPLIES INV #2580615040
WWTP UNI FORM INV #2580615041
WWTP JANITORIAL SUPPLIES INV #2580615042
PW UNIFOR INV #2580618162
PW JANITORIAL SUPPLIES INV #2580618163
WTP JANITORIAL SUPPLIES INV #2580618164
WTP UNIFORM INV #2580618165
580618166 JANITORIAL SUPPLIES INV #2580618166
194. 580618167 CH JANITORIAL SUPPLIES INV #2580618167
212 580618168 PD JANITORIAL SUPPLIES INV #2580618168
58061 69 JANITORIAL SUPPLIES INV #2580618169
58061 WWTP UNIFORM INV #2580618170
58061 WWTP JANITORIAL SUPPLIES INV #2580618171
580621284 PW UNIFORM INV #2580621284
580621285 PW JANITORIAL SUPPLIES #2580621285
580621286 WTPJANITORIAL SUPPLIES
580621287 WTP UNIFORM INV #2580621287
580521268 SC JANITORIAL SUPPLIES INV #2580621288
580621289 CH JANITORIAL SUPPLIES INV #2580621289
580621290 CC JANITORIAL SUPPLIES INV #2580621290
580621291 WWTP UNIFORM #2580621291
580621292 WWTP JANITORIAL SUPPLIES #2580621292
580624411 PW UNIFORM #2580624411
580624412 PW JANITORIAL SUPPLIES #2580624412
580624413 WTE JANITORTAL SUPPIES
580624414 WTP UNIFORM #2580624414
580624415 SC JANITOIAL SUPPLIES #2580624415
580624416 CH JANITORIAL SUPPLIES #2580624416
580624417 PD JANITORIAL SUPPLIES #02580624417
CITY OF ORANGE COVE oca
REST JAn 0726 Meme 00: 21 67 26 Time: cash Disbursement Detail Report ID #: PY-De Run By.! Sophia Sepulveda Check Listing tor 12-25 thru 12-25 Bank Account. : 1010 ORA Chack Vendes Net
Date Numbor Name Amo unt Envolce # Description
053132 12/31/25| APV01 VESTIS - ACCOUNTS RECEIVA 242.35 580624418 CC JANITORIAL SUPPLIES #2580624418
15.11 580624419 #WTP UNIFORM #2580624419
78.89 580624420 WWTP JANITORIAL SUPPLIES #2580624420
52.72 300627526 PW UNI FORM INV #2580627526
39. 580627527 PW JANITORIAL SUPPLIES INV #2580627527
29.10 580627526 JANITORIAL SUPPLIES INV #2580627528
15,64 580627529
76.99 580627530 sc JANITORIAL SUPPLIES INV #2580627530
.85.97 580627531 CH JANITORIAL SUPPLIES INV #2580627531 105-1 580627532 CC JANITORIAL SUPPLIES INV #2580627532
15.1 58062 7533 WWTP UNIFORM INV#2580627533
28.1 560621 7934 INTP JANITORIAL SUPPLIES INV #2580627534
32.72 58063 PW UNIFORM INV #2580630643
207.19 580630644 PW JANITORIAL SUPPLIES INV #2580630644
96.65 580630645 WTP JANITORIAL SUPPLIES INV #2580630645
18.6. 580630646 WTP UNIFORM INV #2580630646
76.3 99 580630647 SC JANITORIAL SUPPLIES #2580630647
90.77 580630648 CH JANITORIAL SUPPLIES INV #2580630648
278.27 580630649 JANITORIAL SUPPLIES INV #2580630649
105.11 580630650 JANITORIAL SUPPLIES INV #2580630650
15.11 580630651 WWTP UNIFORM INV #2580630651
78,89 580630652 WWTP JANITORIAL SUPPLIES INV #2580630652 Check Total. 5206.50
053133 12/31/25 DLC01 DINUBA LUMBER CO 126.35 990814 EN TOOLS 36-49 992520 CC POOLE
69.33 995899 EN WATER LEAK SUPPLTES
Check Total... -1 232.36
CP0019 12/30/25 PEROO CALIE. PUBLIC EMPLOYEES RE 15065.92 018134338H CALPERS UAL 917 12/25 INST INV#100000018134338 CP0020 12/30/25 PEROO CALIE. PUBLIC EMPLOYEES RE 1361.75 018134346H CALPERS UAL 25857 12/25 INST INV#100000018134346 CP0021 12/30/25 PEROO CALIE. PUBLIC EMPLOYEES BE 306.08 018134354H CALPERS UAL 27425 12/25 INST INV#100000018134354 U-1025 12/11/25 USB01 U.S. BANK 6707.96 OCT2025A OCTOBER 2025 CREDIT CARD Cash Account Total.. 948893.08
Total Distursement 948893.08
Canh Account Tbtat.. :00
REPORT.: Jan 07 26 Wednesday CITY OF ORANGE COVE BASE:
RUN....: Jan 07 26 Time: 00:21 Cash Disbursement Detail Report - Payroll Vendor Payment(si ID #: PY-DE Run By.: Sophia Sepulveda Check Listing for 12-25 thru 12-25 Bank Account.: 1010 ORA Check Check Vendor Net
Nutibor Dace Number Name Amount Invoice # Description
702204| 12/02/25 COL10 COLONIAL LIFE 87.56 CST130 Accidens Insuranc
10.22 1C51130 Critical Illness Ins
178.32 2C51130 Life Insurance
Check Total... 276.00
702205 12/02/25 IU00O LUDE LOCAL 39 $55.79 251130 Union Due Local 39 702,206 12/02/25 TRA08 TRANSAMERIOA EMPLOYEE BEN 347.26 C5:130 Lite Insurance Trans 702204 12/05/25 EDD01 EMPLOYHENT DEVELOP DEPT 299.90 C5:204 State Incoon Tax
25.97 1C51204
224.31 2C31209
Check Tocalcia 599, 38
702209 12/05/25 PEROO CALLE, PUBLIC EMPLOYEES RE C5120* PERS PAYROLL HEMIZTANCE 702210 12/05/25 SECOO UNION BANK 760-15 C51204 Federal Income Tax 785.06 1C51204 Social Security
163.60 2C51204 Medicare
Check Totai..n 1752.81
702216 12/10/25 EDD01 IMPLOYMENT DEVELOP, DEPT. 3479.99 CS1205 State Income Tak 1601.52 IC51205 901
331,22 2c51205 SUT
Check Total... S412,73
702217 12/10/25 PEROO CALE. SUHLIC EMPLOYEER HE 20164.00 C51205 PERS PAYROLL REMITTANCE 702218 12/10/25 PERO1 P.E.R.S. FOR THE 457 350.00 C51205 457 Plan 302219 12/10/25 SECOO UNION BANK 9742.72 C51205 Foderal Incama Tax 16548.62 1051205 Social Security
3870.26 205:205 Medicare
Check Total... 30161.80
702220 12/10/25 STA20 STATE DISBURSEMENT. UNIT 807.69 C51205 Garnishment 702226 12/24/25 EDDO1 EXPLOYNENT DEVELOP. DEPT. 2528.31 C51219 State Income Tax 1399.01 1C51219
115.92 2C51219 SUT
Check Total ta 4043.24
702227 | 12/24/25 PEROO CALIE. PUBLIC EMPLOYEES RE 20227. 65 C51219 PERS PAYROLL, REMTTTANCE REPORT.: Jan 07 26 Wednesday CITY OF ORANGE COVE HAGE:
RUN....: Jan 07 26 Time: 00:21 Cash Disbursement Detail Report Payroll Vendor Payment (s) ID #: PY-DP Run Sy.: Sophia Sepulveda Check Listing for 12-25 thru 12-25 Bank Account.: 1010 ORA Check Check Vandos Net
Number Bate Nuhber Name Amount Invoice # Description
-----
702228 12/24/25 P.E.R.5. FOR THE 457 25:00 051219 | 157 Blan 70222912/24/25 SECOO UNION BANK 7415.22 C51219 Federal Income Tax 14456126 1c51219 Social Security
3380,92 2051219 Medlcare
Check Total.. 25252.40
702230 12/24/25 STA20 STATE DISBURSEMENT UNIT 802,69 C51219 Garnishment 702231 12/29/25 COLLO COLONIAL LIFE 83.56 C51231 Aceldent Insurance
10.12 1051231 Critical Illness Ins
178.32 2C51231 Life Insurance
Check Total.. 276.00
702232 12/29/25 1U000 IUDE. LOCAL 39 655.79 C3I231 Union Due Local 39 702233 12/29/25 TRA08 TRANSAMERICA EMPLOYEE BEN 385.16 C51231 Life Insurance Trans Cash Account Total... 112200.19
Total Disbursements. 112200.19
For the Meeting of January 14, 2026
CITY OF ORANGE COVE
REPORT TO CITY COUNCIL
TO: Orange Cove City Council
FROM: Samuel A. Escobar, City Manager
SUBJECT: Funding Mechanism Options: Parcel Tax
ATTACHMENTS: NBS Presentation
RECOMMENDATION:
Staff recommends to proceed with the pursuit of an evergreen Parcel Tax with an escalator clause as an alternative funding mechanism. If Council approves to proceed then staff will return with a professional service agreement with NBS.
BACKGROUND:
The City is evaluating long-term and sustainable funding mechanisms to support eligible public facilities and services. Two options include the formation of a Community Facilities District (CFD) or the adoption of a Parcel Tax.
On December 12, 2025, the City received a proposal by NBS for the Community Facilities District Formation Services. The proposal includes initial planning and meetings, special tax analysis and preparation of a special tax tormula, and preparation of all related documents as required by the Act. While the proposal provides a framework for CFD formation, staff is recommending to Council to move forward with a parcel tax instead of a CFD as it will be a better fit for the City's needs. This would result in an amended proposal from NBS that would be presented at a later date.
CONFLICT OF INTEREST:
None.
FISCAL IMPACT:
There is no immediate fiscal impact as we would bring back an NBS amended proposal to reflect rates for proceeding with a Parcel Tax instead which is estimated to be around $20,000. At this time, funding for these costs has not been identified and staff will continue to identify potential funding sources during the mid-year budget review process.
The long-term fiscal impact of a Parcel Tax is anticipated to be positive as it will generate ongoing annual revenues to support eligible public facilities and services that are currently funded through the general fund.
Prepared by: Jennifer Hernandez Approved by: Samuel A. Escobar REVIEW: Samuel Escobar Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: • APPROVED • DENIED • NO ACTION 1 Consent Public Hearing
Info Item Matter Initiated by a Council Member
x Action Item Other
Department Report Continued to:
Redevelopment Agency
OR
FOA
Exterior view of Orange Cove
City Hall via Google Earth
CITY OF ORANGE
COVE
Proposed Fee Schedule for:
Community Facilities District
Formation Services
December 12, 2025
ORANGE COVE
CITY HALL
ORPORATED
ONBS
helping communities
fund tomorrow since 1996
nbsgov.com
ONBS
870 Market Street, Suite 1223
San Francisco, CA 94102
Toll free: 800.434 8349
nbsgov.com
December 12, 2025
Cynthia Cisneros
City Clerk
City of Orange Cove
633 6th Street
Orange Cove, CA 93646
RE: Proposed Fee Schedule for Community Facilities District Formation Services Dear Cynthia,
Thank you for considering our proposal for the City's Community Facilities District Formation Services.
The information to follow summarizes our proposed pricing for this project, which we would be happy to discuss with you.
Please do not hesitate to contact me at 800.434.8349 or via email at [email protected] if you have any questions about our fee schedule.
Sincerely,
Dara Mares
Sara Mares
Chief Operating Officer
helping communities fund tomorrow
PROPOSED FEE SCHEDULE
Our professional fees are based on our understanding of the City's needs and the effort we believe is necessary to complete the scope of services described.
PROJECT BUDGET: CITY OF ORANGE COVE
Consultant Labor (Hours) Grand Totals
Senior Senior Project
Consultant Consultant
Project Tasks Reviewer Consultant Resource
Labor (Hrs.) Costs ($)
(Mares) (Dayhoff) Analyst
Hourly Rate $275 $200 $130
Community Facilities District Formation Services
Task 1 - Initial Research and Planning 2.0 10.0 6.0 18.0 $ 3,330 Task 2 - Special Tax Analysis 2.0 20.0 4.0 26.0 5,070
Task 3 - City Council Presentations 6.0 2.0 8.0 1,460
Task 4 - Prepare Special Tax Formula 2.0 20.0 2.0 24.0 4,810 Task 5 - Documentation and Reports 2.0 16.0 8.0 26.0 4,790 Task 6 - Attendance at City Council Meetings 6.0 6.0 1,200 Task 7 - Final Report 2.0 10.0 17.0 3,200
Total Expenses* 4,000
GRAND TOTAL 10.0 88.0 27,0 125.0 | $ 27,860
*Expenses include mapping, ballot preparation, mailing and Council Meeting travel. If meeting attendance is virtual rather than in person these expenses will come in under budget.
Optional Services
Task 2.1 Optional Fiscal Impact Analysis $19,500 Fee
Optional CFD Annexation Support $4,000 per annexation
DESCRIPTION OF SERVICES, DATA AND MATERIALS REQUIRED FROM THE CITY We plan to work closely with City staff in conducting this project. To that end, we assume that City staff will provide the following:
Data as Requested - This includes financial data such as current and projected budgets, detailed operating costs, capital improvements plans (types of projects, costs and timing), and related data.
Summary of City Policies - Particularly policies, whether written or assumed.
Coordination and Attendance of Meetings - While NBS will work with City staff to schedule meetings and presentations, we would expect City staff to coordinate internal schedules to ensure that appropriate staff members will attend meetings as needed.
Provide Project Direction and Guidance - As we develop and propose project scenarios, we will expect City staff to provide direction and decisions on how they would like the project to proceed.
We will expect staff to coordinate with City management to ensure alternatives pursued are in line with the City's overall objectives.
Coordination of Meetings and Workshops - Staff will assist with coordination and schedule any meetings and/or workshops with City staff as needed.
Proposal for City of Orange Cove NBS | 1
ADDITIONAL SERVICES
The table below shows our current hourly rates. Additional services authorized by the City but not included in the scope of services will be billed at this rate or the then applicable hourly rate.
Title Hourly Rate
Senior Review $275
Director $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Senior Project Analyst $165
Project Analyst $150
Project Resource Analyst $130
Clerical / Support $110
EXPENSES
Customary out-of-pocket expenses are billed at the actual cost incurred. These expenses may include mailing fulfillment, postage, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees.
TERMS
Services will be invoiced monthly. Fees for all other services will be invoiced monthly for work completed.
Expenses will be itemized and included in the next regular invoice. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel consulting contract with 30 days' written notice.
Proposal for City of Orange Cove NBS 2
TABLE OF CONTENTS
1 | EXECUTIVE SUMMARY
2 | COVER LETTER .....3
3 | DESCRIPTION OF PROPOSED SERVICES... ....4
4, PROPOSED TIMELINE ...10
5 | GENERAL DESCRIPTION OF THE FIRM & EXPERIENCE .....12 6 | PERSONNEL TO BE ASSIGNED ..14 WELCOME TO
ORANGE COVE
BIENVENIDOS A
7 | PROPOSED FEE SCHEDULE .16 ORANGE COVE
8 | REFERENCES ..17
9 | CERTIFICATES AND INSURANCE.. ..19
10 | RFP COPIES .21
11 | CATCH ALL .22
Image captured via Google Earth.
APPENDIX | RESUMES .. 24
1 | EXECUTIVE SUMMARY
NBS is pleased to present our proposal to support the City of Orange Cove in forming a Community Facilities District (CFD) tailored to the community's evolving needs. With nearly three decades of experience designing, forming, and administering hundreds of Special Financing Districts (SFDs) across California, NBS brings a proven approach grounded in collaboration and technical expertise. Our methodology is designed to ensure that the City establishes a reliable, sustainable funding mechanism that supports both new development and long-term service obligations.
A FLEXIBLE, COMMUNITY-FOCUSED FUNDING TOOL
CFDs offer the City a highly adaptable financing mechanism capable of supporting a range of public services and capital improvements. Our approach leverages this flexibility by designing current and future CFD boundaries, a comprehensive special tax methodology, and potential future annexation strategy that reflect current land uses while anticipating long-term growth. By integrating the City's objectives with the permissible uses of CFD funding, we ensure that the structure is equitable, defensible, and responsive to the community's needs.
A COMPREHENSIVE AND TRANSPARENT FORMATION PROCESS
NBS follows a structured, step-by-step process aligned with the Mello-Roos Community Facilities Act and Proposition 218. From the initial kickoff meeting through public hearings and landowner elections, our team collaborates closely with City staff, legal counsel, and stakeholders to guide each phase of the formation. Key components of our approach include:
Establishing clear communication channels and an agreed-upon project schedule Conducting in-depth data collection, tax base analysis, and evaluation of demographic and political considerations
Developing district boundaries, cost estimates, and a defensible Rate and Method of Apportionment
Preparing all statutory documents, boundary maps, resolutions, and election materials Presenting findings to the City Council and public to ensure transparency and understanding Our team works collaboratively to develop rate models and tax formulas that balance financial feasibility with long-term sustainability for the City.
OPTIONAL FISCAL IMPACT, ANNEXATION SUPPORT, AND MUNICIPAL ADVISOR SERVICES To further support informed decision-making, NBS offers optional Fiscal Impact Analysis services that quantify the cost of new development relative to projected revenues. This analysis helps the City determine appropriate funding levels for services that must be provided "in addition to" existing baseline levels, ensuring full compliance with the Act.
We also offer ongoing annexation services for future development, allowing the City to seamlessly integrate additional properties into the CFD under a uniform framework. helping communities fund tomorrow | 1
NBS is registered as a Municipal Advisor firm and both our Senior Review and Project Manager staff are registered as Municipal Advisor Representatives, providing the City with the assurance that we can provide the expertise required to guide the City through the process, including potential bond issuance.
Registered Municipal Advisor
NBS is registered with the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities Exchange Commission (SEC) as a Municipal Advisor (MA).
Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, firms providing advice with respect to municipal financial products or the issuance of municipal securities shall be registered as an MA with the MSRB and the SEC.
A TEAM BUILT FOR SUCCESS
The City will benefit from the expertise of NBS leaders who have guided successful CFD formations across California. Our senior review, project management, and analytical staff bring decades of combined municipal finance and special district experience, including rate modeling, policy development, financial analysis, public presentations, and election procedures. NBS's project team is known for its responsiveness, technical accuracy, and ability to navigate complex challenges with practical, timely solutions.
A TRUSTED PARTNER FOR LONG-TERM FINANCIAL STABILITY
NBS understands the importance of establishing funding tools that ensure new growth pays its fair share while maintaining the City's ability to provide essential services and infrastructure. Our approach is designed to support the City's fiscal resilience, strengthen community trust, and provide a clear pathway for sustainable development.
We look forward to the opportunity to partner with the City and deliver a comprehensive financing strategy that aligns with Orange Cove's goals for a vibrant and well-supported community. helping communities fund tomorrow | 2
ONBS
370 Market Street. Suite 1223
San Francisco, CA 94102
Tallin 400 454 8340
nbsgov.com
2 | COVER LETTER
December 12, 2025
Cynthia Cisneros
City Clerk
City of Orange Cove
633 6th Street
Orange Cove, CA 93646
RE: Proposal for Community Facilities District Formation Services Dear Cynthia,
NBS is pleased to submit our proposal to provide Community Facilities District (CFD) formation services for the City of Orange Cove (City). With 30 years of experience forming and administering Special Financing Districts (SFDs) throughout California, NBS brings the expertise, structure, and collaborative approach needed to support the City's goals for sustainable growth.
We understand that each community has its own character, needs, and fiscal context. As a small community, Orange Cove faces unique challenges in delivering and maintaining essential public services, particularly as development expands and service demands increase. Our approach emphasizes clear communication, thoughtful analysis, and solutions that reflect the City's priorities for long-term sustainability. Should the City choose to partner with NBS, our team will ensure a smooth and efficient CFD formation process that supports Orange Cove's continued growth while protecting its financial future.
NBS Home Office: 32605 Temecula Parkway, Suite 316, Temecula, CA 92592 Individuals Assigned to Project:
Name Title Address Telephone
Sara Mares cOO Home Office 800.434.8349
Nick Dayhoff Senior Consultant Home Office 800.434.8349 Please contact me at 800.434.8349 or via email at [email protected] if you have any questions or would like to discuss our professional qualifications further. We would genuinely like to work on this project and help the City move forward successfully.
Sincerely,
Dara Mares
Sara Mares
Chief Operating Officer
helping communities fund tomorrow | 3
3 | DESCRIPTION OF PROPOSED SERVICES
Overview
The CFD is an extremely flexible tool, used throughout California to fund public services and finance public improvements. The boundary is drawn to meet the needs of the City and can include a single parcel or larger area. The boundary can also include areas designated to be annexed to the CFD in the future. The Rate and Method of Apportionment is flexible as well and can be created to address a wide variety of land uses expected both currently and in the future. Zones may be used to address rates that may differ between project areas. Overall, the CFD's flexibility allows for the development of a funding tool that specifically addresses the needs of the community.
Detailed Approach
We acknowledge and are committed to providing the Scope of Services outlined in Section 3 of the RFP.
Below outlines our standard process for this important effort. Please note we have integrated the City's scope with our own and have offered additional suggested approaches and methods based on our expertise. At the kickoff meeting, we can review and customize the scope to meet the specific needs of the City. Additionally, we have included optional scopes for the City's consideration.
COMMUNITY FACILITIES DISTRICT (CFD) FORMATION SERVICES
Non-Bonded, Landowner Vote
Task 1 - Initial Research and Planning
KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel, and other interested parties to:
Establish lines of communication
Review the City's funding needs, objectives, and long-term goals for the proposed CFD Discuss desired improvements and services, project background, community considerations, and identify any demographic, political, and development-related factors affecting a successful CFD special tax election
Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties
Establish meeting dates consistent with schedule to achieve project milestones
LOCAL GOALS & POLICIES
NBS will review existing local goals and policies or assist the City in developing local goals and policies for the use of CFDs, as required by the Mello-Roos Community Facilities Act of 1982 (the "Act"). Further, the team will ensure alignment between project objectives, tax base characteristics, and permissible uses of CFD funding.
DATA COLLECTION
NBS will gather and review data relevant to the formation of the CFD. Data will be obtained from various sources, including City records, Assessor's parcel maps, and County Assessor information. Additionally, the Proposal for City of Orange Cove NBS | 4
team will analyze the City's property ownership structure, tax base, demographic profile, and political environment as well as identify community or political constraints that may affect formation and election outcomes.
DISTRICT BOUNDARIES
NBS will make determinations of the property subject to the Special Tax.
Establish boundaries for the CFD, giving consideration to both the project area and peripheral lands Verify ownership based on last equalized tax roll
Formulate concepts with viable alternatives for spreading costs reasonably within the CFD boundary Task 2 - Special Tax Analysis
COST ESTIMATE
NBS will obtain the estimate of project costs and incidental expenses and prepare a total project Cost Estimate.
RATE MODELING
NBS will analyze the property data and cost estimate to formulate concepts with viable alternatives for spreading costs reasonably within the CFD boundary, taking into account the overlapping debt, value to lien and overall tax burden on the property.
OPTIONAL TASK 2.1 | SEE OPTIONAL FIA SCOPE TO FOLLOW THIS SCOPE The Fiscal Impact Analysis (FIA) is prepared to establish - through review of full revenue, population growth, service-level, and general plan analyses - the proposed negative or positive fiscal impact of the development of the project area. This analysis is best conducted at the beginning of the formation process as it paves the way for a clear, realistic, and defensible special tax methodology.
Task 3 - City Council Presentations
CITY COUNCIL PRESENTATION
NBS will present the key findings and recommendations to the City Council. When formation becomes imminent, informational flyers should be prepared and disseminated, including tables for City and public review regarding the recommended tax program.
Task 4 - Prepare Special Tax Formula
RATE AND METHOD OF APPORTIONMENT
NBS will formulate and present the Rate and Method of Apportionment (RMA) with recommended Special Tax Formula to the City, legal counsel, the financial advisor and others, as appropriate. The team will collaborate with the City staff for any modifications or adjustments to the final RMA.
Proposal for City of Orange Cove NBS | 5
Tasks 5, 6, and 7 - Documentation and Reports, Attendance at City Council Meetings, and Final Report
MAPPING
NBS will prepare the Boundary Map and related documents and present to the City as required by the Act.
RESOLUTIONS AND ORDINANCE
NBS will prepare the required resolutions and ordinance in accordance with the time schedule. The resolutions and ordinance will comply with the Act. Final form of the resolutions and ordinance will be reviewed and approved by legal counsel and the City.
INTENT MEETING
NBS will present to City Council and the public regarding the CFD formation process, the analysis that led to the setting of CFD special tax rates, and the methodology developed for the special tax.
CFD REPORT
Based on the results of the aforementioned reviews, discussions and modifications, NBS will prepare a detailed written report including the Cost Estimate, the Rate and Method of Apportionment and the Boundary Map and present to the City, legal counsel, and property owners. NS will file the Special Tax Report with the City Clerk.
NOTICES AND BALLOTS
NBS will prepare and mail notices and ballots to all landowner electors within the territory of the proposed Community Facilities District. The notices and ballots will comply with "Proposition 218, The Right to Vote on Taxes Act", the Act and all applicable provisions of the Elections Code. Final form of notices and ballots will be approved by City staff and legal counsel.
PUBLIC HEARING
NBS will present all necessary testimony and respond to public comments regarding the district formation proceedings.
ADDITIONAL CFD DOCUMENTS
NBS will prepare the Notice of Special Tax Lien in compliance with the Act. Final form of the Notice of Special Tax Lien will be approved by City staff and legal counsel.
The below two optional scopes are provided for the City's consideration.
FISCAL IMPACT ANALYSIS - CITYWIDE | OPTIONAL
A CFD that is approved by landowner vote is subject to the requirement that the services funded by the CFD are in addition to those services in existence prior to the CFD being formed. As such, site specific items such as landscape maintenance may be fully funded by the CFD. For more general City services such as police and Proposal for City of Orange Cove NBS | 6
fire, it is generally recommended that a Fiscal Impact Analysis be performed to review the additional cost of services that relate to new development and net out any revenue from the development. This net fiscal impact may be funded through the CFD.
INTRODUCTION AND PROJECT SCHEDULE
NBS will coordinate with City staff and other interested parties to:
Establish lines of communication for effective interaction of all involved parties Clarify the specific project goals and criteria needed to meet the City's preference Identify any special circumstances regarding the project and proposed development, if any Develop a working schedule to achieve agreed upon project milestones
DATA COLLECTION AND RESEARCH
NBS will gather and review data relevant to projected growth within the City boundary (i.e. project area.
Data needs will be identified and obtained from various sources, including City records, County records, and, if applicable, developer documents related to planned or projected development. NBS will conduct additional research, from secondary markets and data sources to aid in ascertaining assessed values, taxable sales, and other relevant data assumptions related to projected growth within the project area.
SERVICE LEVEL ANALYSIS
NBS will review the current baseline level of service provided by the City and compare the current baseline level of service to the City's optimal level of service desired. NBS will compare the current services provided and the proposed services to be provided by the SFD to distinguish the appropriate funding to be provided by each applicable funding mechanism. NBS will rely on the City to provide the current baseline level of service and the optimal level of service desired to inform the analysis.
IDENTIFY REVENUES APPLICABLE TO PROJECT AREA DEVELOPMENT NBS will calculate revenue estimates for taxes such as property tax, property tax in lieu of VLF, sales tax, documentary transfer tax, and other general taxes, if applicable to the analysis. Further, NBS will rely on accepted industry standard approaches such as the multiplier method approach (per defined variables such as persons, employees, square feet, etc.) for allocating other recurring revenues to the project area. One- time fees, such as development impact fees, and certain fees for service will not be considered in this fiscal impact analysis. Additionally, non-general fund specific revenues will not be considered unless applicable to the analysis.
IDENTIFY COSTS APPLICABLE TO PROJECT AREA DEVELOPMENT
NBS will review the current level of service costs and the City's optimal level of service costs, if applicable, and calculate cost estimates for the project area. Costs will be identified and allocated to the project area based upon accepted industry standard approaches, such as the case study approach or the multiplier method approach (per defined variables such as persons, employees, square feet, etc.). NBS will rely on the City to provide the necessary cost data required to inform the analysis, and will perform secondary market research as needed.
Proposal for City of Orange Cove NBS | 7
DETERMINE PROJECT AREA DEVELOPMENT'S NET FISCAL IMPACTS Based upon the revenue and cost findings, NBS will ascertain the potential positive or negative fiscal impacts that the project area's proposed development will have on the City. Further, NBS will provide recommendations to mitigate any identified negative fiscal impacts, as well as provide recommendations for potential revenue generators, such as special taxes, assessments or fees, as needed.
PREPARE FINAL FISCAL IMPACT REPORT
Based on the results of the aforementioned fiscal impact analysis and review, NBS will provide the City with a final report that discusses the fiscal impact findings, as well as any potential recommendations for further consideration. NBS will be available by conference call to present the fiscal impact findings identified in the report. Additionally, NBS may attend in-person meetings as requested by the City, subject to additional expenses for time and travel.
ITERATIONS OF FISCAL IMPACT REPORT
NBS will generate multiple versions of the fiscal impact report in the process of arriving at the final report version. NBS commits to providing up to three separate and distinct draft versions of the fiscal impact report and one final copy of the fiscal impact report. Additional report versions will be drafted as needed to incorporate minor adjustments and will not be considered materially separate and distinct reports. If additional draft and/or final report versions beyond those described are needed to incorporate adjustments that will result in a materially separate analysis or report structure, NS and the City will identify outstanding project needs to determine the pricing of additional report drafts required to complete the project.
CFD ANNEXATION SERVICES | OPTIONAL
Non-Bonded, Landowner Vote, In Future Annexation Area
KICK-OFF MEETING, PROJECT SCHEDULE
NBS will meet with City staff, legal counsel, and other interested parties to:
Establish lines of communication
Clarify the specific project goals and criteria that will meet the City's preference Identify and resolve any special circumstances regarding the annexation of property to the CFD Develop project schedules to meet legal requirements and provide for effective interaction of all involved parties
Establish meeting dates consistent with schedule to achieve project milestones
LOCAL GOALS & POLICIES
NBS will review existing local goals and policies or assist the City in developing local goals and policies for the use of CFDs, as required by the Mello-Roos Community Facilities Act of 1982 (the "Act").
Proposal for City of Orange Cove NBS | 8
DATA COLLECTION
NBS will gather and review data relevant to the annexation of property to the CFD. Data will be obtained from various sources, including City records, Assessor's parcel maps, and County Assessor information.
COST ESTIMATE
NBS will obtain the estimate of project costs and incidental expenses and prepare a total project Cost Estimate.
RATE AND METHOD OF APPORTIONMENT
NBS will review the CFD Rate and Method of Apportionment as it relates to the property to be annexed to the CFD.
UNANIMOUS APPROVAL FORM
NBS will prepare and mail the unanimous approval form to all landowner electors within the territory of the proposed annexation to the CFD. Final form of the unanimous approval will be approved by City staff and legal counsel.
ADDITIONAL CFD DOCUMENTS
NBS will prepare the Notice of Special Tax Lien in compliance with the Act. Final form of the Notice of Special Tax Lien will be approved by City staff and legal counsel.
Proposal for City of Orange Cove NBS | 9
4 | PROPOSED TIMELINE
The following is an overview of the timing for a CFD Formation with a landowner vote. We will discuss a detailed schedule at the kick-off meeting, along with the expected timing for individual tasks.
COMMUNITY FACILITIES DISTRICTS FORMATION STEPS: NON-BONDED & LANDOWNER VOTE WITH ELECTION NOTICE WAIVER (Commencing with Section 53311 of the Government Code)
Petition Initiated CFD Legislative Body Commences Proceedings • By 10% Landowners Within Adopt Goals Resolution of intention • 10% Registered voters and Policies
• Payment of formation costs Approve proposed CFD boundary days Name CFD
R Describe services to be funded
Establish Rate and Method of
A
Local Agency Initiated CFD Appornonment and manner of
collection of special tax
ST Fix time and place for public hearing
• Written request of 2 (two) Describe voting procedures members of legislative
body
• Majority approval of Within 30 - 60 days
legislative body
Public Hearing
• Notice must be published not later than 7 days before Public Hearing • If no majority protest, then:
Resolution of Formation
Commence activities Approve services to be funded
END to levy and collect Identify party responsible for preparing annual levy special taxes State that a lien will be recorded
Identify the recording information for the boundary map Set election
Election
2/3 vote required
If less than 12 registered voters, then landowner election and not a registered voter election Voters consider:
Levy of special tax
Appropriations limit
Legislative Body Certifies Election Results
Ordinance to Levy Special Tax Adopted
Proposal for City of Orange Cove
NBS | 10
Identification of Issues Affecting Timeliness of Completion NBS has not identified any current or prospective issues affecting timely completion of this project.
Description of Services, Data and Materials Required from the City We plan to work closely with City staff in conducting this project. To that end, we assume that City staff will provide the following:
Data as Requested - This includes financial data such as current and projected budgets, detailed operating costs, capital improvements plans (types of projects, costs and timing), and related data.
Summary of City Policies - Particularly policies, whether written or assumed.
Coordination and Attendance of Meetings - While NBS will work with City staff to schedule meetings and presentations, we would expect City staff to coordinate internal schedules to ensure that appropriate staff members will attend meetings as needed.
Provide Project Direction and Guidance - As we develop and propose project scenarios, we will expect City staff to provide direction and decisions on how they would like the project to proceed We will expect staff to coordinate with City management to ensure alternatives pursued are in line with the City's overall objectives.
Coordination of Meetings and Workshops - Staff will assist with coordination and schedule any meetings and/or workshops with City staff as needed.
Proposal for City of Orange Cove NBS | 11
5 | GENERAL DESCRIPTION OF THE FIRM & EXPERIENCE
ONBS AT-A-GLANCE: HELPING COMMUNIES FUND TOMORROW
29 In 100% NBS is a 100% Since 1996, NBS has supported California Business employee-owned municipalities with the implementation ESOP
YEARS S-Corporation
and ongoing administration of local
funding tools.
NBS HEADQUARTERS
| Suite 316 While the firm originally focused on
32605 Temecula Pkwy
Temecula, CA 92592 Special Financing Districts (SFDS),
specifically the formation and
SAN FRANCISCO REGIONAL OFFICE
870 Market Street | Suite 1223 administration of special assessments and San Francisco, CA 94102 taxes, we have evolved with our clients CONTACT needs and now provide a full range of
Sara Mares | 800.434.8349 revenue consulting services. We focus on [email protected] sustainable water and wastewater utility rate programs, cost allocation plans, cost
LEGAL NAME DBA recovery, and legallyjustified fee design. 52 NBS Government NBS Across all practice areas, we have worked Finance Group EMPLOYEES with more than 500 public agencies to INDIVIDUAL AUTHORIZED TO NEGOTIATE date, including cities, counties, school AGREEMENT districts, utilities, and special districts.
Sara Mares, Chief Operating Officer
District Formation Consulting
The NBS District Formation Consulting practice ensures your Special Financing Districts (SFDs) and related revenue tools are well-developed from their inception.
We act as strong advocates for our public agency clients to ensure that any SFD or other revenue tool is appropriate and well-crafted for the need. Throughout our engagement, we provide sage guidance and recommendations. We are often called upon to present complex issues to councils, boards and interested parties.
We have supported thousands of SFDs including millions of parcels and have worked through virtually every conceivable challenge in their use. Our experience is with all manner of property related fees, special assessments, and special taxes - including Community Facilities Districts (CFDs).
Whether the need is identifying and funding negative fiscal impacts, financing needed infrastructure, or providing community-desired services, our expert consultants have deep experience and help navigate the challenges.
Proposal for City of Orange Cove NBS | 12
Similar Projects
NBS has partnered with hundreds of
municipalities, counties, and districts
throughout California, including the
cities of Fresno, Chowchilla, Folsom,
Alameda; the County of Madera and
El Dorado; along with Altadena
Library and East Contra Costa Fire
Protection District (now Contra Costa
County Fire Protection District). We
have designed, formed, and
administered SFDs as depicted in the
California map, shown on the right.
For a list of references we have
served in a capacity similar to that
requested by the City, please see
Section 8. We have included
descriptions of the services
performed as well as contact
information.
Proposal for City of Orange Cove NBS | 13
6 | PERSONNEL TO BE ASSIGNED
One of our greatest strengths and a critical element in successful project execution is a team that works cohesively, efficiently, and has expertise in resolving complex issues. Our proposed project team has an in- depth understanding of the various types of SFDs as well as recent changes to laws, codes, and regulations affecting local governments, including Proposition 218. We treat our clients as partners by developing an intimate knowledge of their needs and responding with strategic and timely solutions. The staff selected are those most qualified based on their experience and backgrounds. Outlined below is a brief overview of NBS' proposed consulting team for the City:
Project Organizational Chart
City Stakeholders, Management and Staff
Project Client
Management Services
Sara Mares Nick Dayhoff Andrew Kraus
Senior Review Project Manager Client Success Ambassador NBS Project Analysts and
Consultants
All work will be performed in-house by the above employee-owners of NBS.
Full resumes are included in the Appendix.
SARA MARES, SENIOR REVIEW
Roles and Responsibilities: Sara Mares will provide technical review, including the evaluation of alternatives and results, as needed throughout the project. She will assist the project team in developing the best solutions that will fit the City's unique characteristics and issues.
Work Experience: Sara Mares is Chief Operating Officer with more than 25 years of experience with NBS.
She forms SFDs, specializing in Community Facilities Districts and related bond issuance. She also has significant background in forming various types of Assessment Districts. Sara has experience working with all aspects of the formation, annexation and debt issuance process, including planning, project management, budget analysis, rate modeling, financial analyses, formulation of rate and methods of apportionment, and public presentations. She spent many years involved in ongoing special district administration, including working with distressed districts, and brings that experience and perspective to every formation project she works on. She is a registered Municipal Advisor Representative.
Proposal for City of Orange Cove NBS | 14
NICK DAYHOFF, PROJECT MANAGER
Role and Responsibilities: As project manager, Nick Dayhoff will be the primary day-to-day contact for the City's project. He will work closely with City staff and the team and be in regular communication with the City and all others involved in the process
Work Experience: Nick Dayhoff has been with NBS for more than 19 years. As a Senior Consultant, he is actively involved with new SFD formations including Community Facilities Districts and Assessment Districts, parcel tax modeling, bond issuance/refunding analyses, fiscal impact analyses, and feasibility studies. Nick is a registered Municipal Advisor Representative.
NBS PROJECT ANALYSTS AND CONSULTANTS
Roles and Responsibilities: In addition to the team noted above, NBS has additional qualified staff that can assist this project's leadership during times of peak workloads. Under the direction of the project manager, NBS staff are available to participate in the role of Project Analyst or Project Consultant as needed.
Work Experience: These staff add municipal finance, accounting, and financial management experience collectively to the project team. All staff at NBS have extensive applied skills in analytical software, databases, and spreadsheets, as well as a minimum of a Bachelor's level degree from an accredited university.
ANDREW KRAUS, CLIENT SUCCESS AMBASSADOR
Roles and Responsibilities: As Client Success Ambassador, Andrew Kraus will ensure that City's fundamental obiectives are being met at all times and that the project is proceeding on a timely basis. He is included on the team as an active representative of our company's commitment to the highest level of service Work Experience: Backed by more than a decade of experience with NBS, Andrew Kraus has an in-depth understanding and knowledge about the intricacies of the formation and administration of SFDs. He currently administers dozens of SFDs across 27 counties throughout California, Arizona, and Florida, and is responsible for preparing the annual levies on more than 300,000 parcels. His experience includes SFD administration, audits and analysis of data, and preparation of related annual and continuing disclosure reporting.
Proposal for City of Orange Cove NBS | 15
7 PROPOSED FEE SCHEDULE
As requested in the RFP, the Proposed Fee Schedule has been included under separate cover.
Proposal for City of Orange Cove NBS 16
8 | REFERENCES
Below is a sampling of projects and references similar in scope and magnitude to the City's needs.
CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 18 FORMATION
Service Dates: March 2022 - December 2022
Contact Information NBS identified the fiscal impact of residential development on the Harmanjit Dhaliwal City of Fresno's public safety services, including police and fire Supervising Professional Engineer
Traffic Operations & Planning Division, safety/protection/suppression services. The analysis led to the Public Works Department formation of a Community Facilities District, CFD No. 18, to fund 2600 Fresno Street, Room 4064
Fresno, CA 93721 the calculated negative fiscal impacts. New residential P: 559.621.8800 development projects are required to fund the cost of services E: [email protected] related to the calculated negative fiscal impact, the CFD being the preferred funding option. The CFD and future annexations ensure NBS Project Team:
Sara Mares, Nick Dayhoff that the projects are funding the increased public services necessitated by additional residential development within the City.
COUNTY OF MADERA
CFD AND FISCAL IMPACT ANALYSIS SERVICES
Service Dates: April 2019 - Present
Contact Information The County of Madera hired NBS to provide SFD consulting for the Andrea Saldate
Tesoro Viejo project which is anticipated to develop into 4,210 Deputy Public Works Director
200 W. 4t* Street, Suite 4200 single-family residential units, 980 multi-family residential units, Madera, CA 93637 2,084,000 retail square feet, 168,000 office square feet, and P: 559.675.7713
E: [email protected] 686,000 industrial square feet. The County is utilizing a combination of CFD, EIFD and CSA financing to fund a portion of facilities necessary to serve the area at buildout. NBS serves as the County's ongoing CFD special tax consultant and has assisted in the issuance of CFD bonds, the annual update of the Fiscal Impact NBS Project Team:
Sara Mares, Nick Dayhoff Analysis in accordance with the Developer Agreement, as well as the ongoing levy of the CFD for Facilities and Services. Additional fiscal impact analyses have been completed which evaluate additional project phases.
Proposal for City of Orange Cove NBS | 17
CITY OF CHOWCHILLA
FISCAL IMPACT ANALYSIS AND SERVICES CFD FORMATION CITY
Service Dates: May 2021 - September 2022
Contact Information NBS prepared a Fiscal Impact Analysis to determine the net fiscal Mark Hamilton
impact of new development related to City services. Through Director of Community & Economic
Development analysis of the revenues generated by new development, including 130 S. Second Street property tax, property tax in lieu of vehicle license fee, sales tax, Chowchilla, CA 93610 documentary transfer tax, etc. and the current cost per person of P: 559.665.8615 x400
E: [email protected] providing services, it was concluded that both residential and industrial property cost more per person than the revenue generated. To mitigate that negative fiscal impact, NBS assisted NBS Project Team:
Sara Mares, Nick Dayhoff with the formation of a Community Facilities District, CFD No. 2022-1 (Public Safety, Maintenance & Services). The CFD will fund police protection services, fire protection and suppression services, and the maintenance and lighting of parks, parkways, streets, roads and open space for the Oleander Terrace
development project and is anticipated to have additional development projects annex in the future. The CFD ensures that the project funds the increased public services necessitated by additional development within the City.
Proposal for City of Orange Cove NBS | 18
9 | CERTIFICATES AND INSURANCE
Below are the first two pages of NBS' sample Certificate of Insurance. The full 32-page document can be provided upon request.
NBSGOVE-01 __ROBLY2
ACORD CERTIFICATE OF LIABILITY INSURANCE
9/26/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. XTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER License # 0L48969
23 Risk & Insurance Services :: (619) 233-8000 A No: (619) 864-7106 104 Camino Del Rio S. STE 410
18428
San Diego. CA 92108 [email protected]
INSURERIL AFFORDING COVERAGE.
INSURERA: THE HANOVER INSURANCE COMPANY 22292
INSURED SUREN B : Allmerica Financial Benefit Insurance Company 41840 NBS Government Finance Group NSURER G: Gemini Insurance Company 10833 32605 Temecula Parkway. Suite 316 INSURER O: Travelers Excess and Surplus Lines Company 29696 Temecula. CA 92592
[INSURER E
INSURER E
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TTPE OF INSURANCE POLICY NUVULT UBITS
A | X COMMERCIAL GENERAL LIABILITY 2,000,000
EACH OCCUARENCE
ОНЗА43196312 9/24/2025 9/24/2026 MAGE TO RENT 300,000
10,000
MED Ear 1am cet panton!
2,000,000
PERCONM SADVINARY
4,000,000
GENL AGGREGATE LIAIT APPLIES PER GENENAL AOQUERALE
X POLICY PRO- 4,000,000
PRODUCTE COUMOR 40Q!
OTHER
COMMIT SINGLE SINT 1,000,000
AUTOCHE-MARILTY
ANY AUTO АНЗА42745814 9/24/2025 9/24/2026
AUTOD ONLY
ALTDO ONLY
1,000,000
MRRESSAR EATH OSCURRENTE
EXCESS LUB CLAIMD MADE ОНЗА43196312 9/24/2025 9/24/2026 1,000,000 400n20aтH
RETENTION 1
WORKERS COMPENDATICH
IND EMPLOYERS
W23A42745712 9/24/2025 9/24/2026 1,000,000
LEL. EACH ACCIDENT 1,000,000
EL PILEASE. FAEMELOYEE S 1.000,000
I yes, desaritie unint
C Professional Liabili VNPL019969 9/24/2025 9/24/2026 Ea/Claim Aggregate 2,000,000 D Cyber Liability ICYB10809679001 912412025|9/24/2026 Limit 2.000,000 nd exclusions per endorsements attached. Cancellation provisions attached. THIS CERTIFICATE CANCELS AND SUPERSEDES ANY CERTIFICATI REVIOUSLY ISSUED.
ten required by written contrac
anket for apply on
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
Proof of Insurance Only
AUTNORIZED REPARSENTATNE
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Proposal for City of Orange Cove NBS 19
Insurance Documentation
Please refer to our Certificate of Insurance (COI) provided on the prior page. Note that NBS provides Financial Consulting work and does not carry Environmental impairment Insurance.
The contact person for our insurance broker is Lynne Robinson at C3 Risk and Insurance Services; contact details for C3 are provided in our COl.
NBS has had no previous or pending claims against the policies or past policies, including any dismissed or rejected claims. Additionally, we have had no CERCLA claims.
Proposal for City of Orange Cove NBS | 20
10 | RFP COPIES
We have provided three sealed and date stamped copies.
Proposal for City of Orange Cove NBS 21
11 | CATCH ALL
Community Facilities District Expertise
We believe in continuing education, not only for our own team, but also for our clients and municipal staff.
As industry leaders, we have a unique set of qualifications and experience in the work we perform. In that regard, we have published a booklet on the precise
revenue tool the City is considering, Community
Facilities Districts, explaining this robust funding and financing tool for local governments in California.
We have enclosed three hard copies in our final
shipped submittal package for the City's use and COMMUNITY FACILITIES information. An electronic version can also be DISTRICTS A Robust Funding and Financing Teal
No Local Governments in California
downloaded at no charge at I sis Vim 4531-30,3
www.nbsgov.com/insights(click on NBS ONBS
Publications). For additional hard copies, please call
800.676.7516 or email [email protected].
Please also view our video covering the topic of CFDs.
Municipal Advisor Expertise
As mentioned in the Executive Summary, NBS is registered with the Municipal Securities Rulemaking Board (MSRB) and the U.S. Securities Exchange Commission (SEC) as a Municipal Advisor (MA). Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, firms providing advice with respect to municipal financial products or the issuance of municipal securities shall be registered as an MA with the MSRB and SEC.
DISCLOSURE OF CONFLICTS OF INTEREST AND LEGAL OR DISCIPLINARY EVENTS Pursuant to the Municipal Securities Rulemaking Board ("MSRB") Rule G-42 on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients and potential clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinary events of NBS Government Finance Group ("NBS") and its associated persons.
CONFLICTS OF INTEREST
Compensation
NBS represents that in connection with the issuance of municipal securities, NBS may receive compensation from an Issuer or Obligated Person for services rendered. Any such compensation may be contingent upon the successful closing of a transaction and/or is based on the size of a transaction.
Consistent with the requirements of MRB Rule G-42, NBS hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding NBS' ability to provide unbiased advice to enter into such transaction. This conflict of interest does not impair NBS' ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
It should be noted that other forms of compensation (i.e., hourly or fixed-fee based) may also present a potential conflict of interest regarding NBS' ability to provide advice regarding a municipal security Proposal for City of Orange Cove NBS | 22
transaction. These other potential conflicts of interest will not impair NBS' ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.
The fee paid to NBS increases the cost of investment to your agency. The increased cost occurs from compensating NBS for municipal advisory services provided.
Other Municipal Advisor Relationships
NBS serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another NBS client. For example, NBS serves as Municipal Advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to your agency. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, NBS could potentially face a conflict of interest arising from these competing client interests. NBS fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with your agency.
If NBS becomes aware of any additional potential or actual conflict of interest after this disclosure, NBS will disclose the detailed information in writing to the issuer or obligated person in a timely manner.
LEGAL OR DISCIPLINARY EVENTS
NBS does not have any legal events or disciplinary history on NBS' Form MA and Form MA-l, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations, and civil litigation. The Issuer may electronically access NBS' most recent Form MA and each most recent Form MA-I filed with the Commission at the following website: www.sec.gov/edgar/searchedgar/companysearch.html.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. If any material legal or regulatory action is brought against NBS, NBS will provide complete disclosure to the Issuer in detail allowing the Issuer to evaluate NBS, its management and personnel.
Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following:
NBS is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board.
Within the MSRB website at www.msrb.org, the Municipal Advisory client brochure that is posted on the MSRB website may be obtained. The brochure describes the protections that may be provided by the MRB Rules along with how to file a complaint with financial regulatory authorities.
Proposal for City of Orange Cove NBS | 23
APPENDIX | RESUMES
This appendix contains full resumes for our key project personnel.
Proposal for City of Orange Cove NBS 24
TEAM RESUME
ONBS
SARA MARES | Chief Operating Officer
EDUCATION BIOGRAPHY
Bachelor of Arts, with honors, Sara Mares is Chief Operating Officer of NBS. She forms Special Economics, Mills College
Financing Districts (SFDs), including Community Facilities Districts, Continuing education from UC Property and Business Improvement Districts, 1913 Act Assessment Davis, UCLA, CDIAC, etc.
Districts, Landscape and Lighting Districts, Benefit Assessment
HIGHLIGHTS
Districts and Fire Assessments. Sara has experience working with all Registered Municipal Advisor
aspects of the formation process, including planning and feasibility, Representative
project management, budget analysis, development of Rate and 25 years of experience
Method of Apportionment and Engineer's Reports and
Expert Special Tax Consultant
presentations. She also has significant experience with ongoing SFD District Formations
administration including levy submittal, delinquency management Reassessment Consulting and continuing disclosure.
Proposition 218
RELEVANT PROJECT EXPERIENCE
AFFILIATIONS
Altadena Library District CFD City of Patterson CFD Formation.
California Society of Municipal Formation. In 2020, the need for Formation of services CFD with Finance Officers (CSMFO) significant updates to aging
Future Annexation Area,
California Special Districts facilities led the District to engage Subsequent Annexations. CFD Association (CSDA) NBS to form a CFD to finance funds maintenance and operation those infrastructure needs. of streetlights, landscaping storm Committee on Special
Additionally, with the existing drainage, etc., for residential Assessments, Taxes and Other
parcel tax sunset on the horizon, property in the City. Formation Financing Facilities (CASTOFF)
NBS worked with the District to completed in 2018, subsequent Women in Public Finance (WPF) include a services special tax annexations through 2020. component of the CFD that would
SPEAKING / MEDIA City of Lincoln CFD 2019-1
replace those services revenues
(Independence). Formation of
Maintenance Services Funding: A and provide for a perpetual, facilities CFD that transitions to a
Finance/Public Works Convo, 2023 stable funding source into the CSMFO Annual Conference services CFD. CFD finances
future. The CFD has been formed
transportation, water system,
Revenue Recovery: From Riches to and was approved by registered recycled water system, drainage,
Rags, and Back to Riches? 2022 voters in the District.
CSMFO Annual Conference improvements and will transition Complex Workout including to fund park maintenance and
refinancing existing CFD debt capital replacement. Formation formation of a new CFD to
Park & Rec Fiscal Toolbox. 2021 restructure a portion of the Other Projects. City of Alameda,
CARPD Annual Conference City of Elk Grove, City of Hesperia, A Revenue Cornucopia: A Multi- City of Vacaville, City of Carson, Faceted Approach to Funding. East Bay Regional Park District, 2021 CSMFO Annual Conference Desert Recreation District 6 6 "Thank you so much for all of your guidance, advice and support this year. We definitely wouldn't have been able to accomplish this amazing feat without your experience and Proposal for City of Orange Cove NBS | 25
TEAM RESUME
ONBS
NICK DAYHOFF | Senior Consultant
land tomorruw
EDUCATION BIOGRAPHY
Bachelor of Arts, Finance,
Nick Dayhoff is a Senior Consultant with NBS where he forms and California State University,
San Diego administers Special Financing Districts (SFDs). He is actively involved with a broad range of new district formations, bond issuance/
HIGHLIGHTS
refunding analysis, and feasibility studies.
Registered Municipal Advisor
Representative RELEVANT PROJECT EXPERIENCE
19+ years with NBS East Bay Regional Park District, CFD No. Cosumnes Community Services Expert Special Tax Consultant AC-3: Formation of CFD, subject to voter District: NBS assisted with the approval on November 6, 2018. CFD formation of a Community Proposition 218 Compliance and
funds maintenance of parks, trails, open Facilities District, CFD No. 2021-1 Notification
space, public safety services, recreatior (Sheldon Farms North), to fund fire Seasoned Professional in and open space program services, flood protection, park maintenance, and Assessment District Formation and storm protection services, etc. landscaping services for the and Administrations Formation completed in 2018.
Sheldon Farms North residential
Expert in Initial and Continuing development project. The CFD City of Manteca: NBS assisted with the
Disclosure ensures that the project funds the
formation of a Community Facilities
increased public services
District, CFD No. 2023-1 (Villa Ticino
necessitated by additional
West Facilities), to fund the costs of
development within the
various public facilities, including
Community Services District.
roadway and transportation
improvements, water system and City of Sacramento: NBS assisted "Thank you all for irrigation improvements, recycled water with the formation of a Community system improvements, drainage system Facilities District, CFD No. 2019-1 your help on this improvements, wastewater system (Delta Shores, consisting of improvements, environmental multiple Improvement Areas, to project, you made it
fund the costs of various public
easy for me and our facilities, including roadway and
transportation improvements,
staff!"
services relating to the debt issued on water system and irrigation behalf of the CFD, including value-to-lien improvements, storm drainage information, estimates of special tax system improvements, wastewater revenue, and sample tax bills, etc. system improvements, and a fire City of Carson: Community Facilities station. NBS also provided bond 99 District, CFD No. 2018-01 is used to fund issuance disclosure services the calculated negative fiscal impacts of relating to the debt issued on new development. On an ongoing basis, behalf of the CFD, including value- NBS assists the City with the annexation to-lien information, estimates of special tax revenue, and sample
of property to the CFD by preparing all
tax bills, etc.
Unanimous Approval Forms, Boundary
Maps, Resolutions & Ordinance, and
Amendment to the Notice of Special Tax
Lien. The CFD and annexations ensure
that the projects are funding the
increased public services necessitated by
additional development within the City.
Proposal for City of Orange Cove NBS | 26
5.b.
For the Meeting of January 14, 2026
CITY OF ORANGE COVE
REPORT TO THE CITY COUNCIL
To: Orange Cove City Council
From: Samuel A. Escobar
Subject: Current Use of Soup Kitchen, Community Center Shower Access, and Future Temporary Sleep Pods
RECOMMENDATION:
Staff recommends that the City Council acknowledge and continue the current use of volunteer-operated soup kitchen services, authorize the coordinated use of Community Center shower facilities to support unhoused individuals, and direct staff to explore the feasibility, partnerships, and funding opportunities for future temporary sleep pods as a short-term shelter solution.
BACKGROUND:
The City currently supports unhoused individuals through volunteer-operated soup kitchen services that provides a meal once a week and essential support. The City can also offer access to Community Center shower facilities, subject to availability and operational considerations, to promote hygiene, dignity, and public health. While these services address immediate needs, gaps remain in short-term shelter options within the community. As a potential interim solution, staff is evaluating the feasibility of temporary sleep pods that could be located at the Community Center and used only on non-event dates. Staff is also exploring potential partnerships and external funding opportunities to support this short-term shelter option.
FISCAL IMPACT:
At this time, there is no additional fiscal impact. Any future program expansion would be subject to funding availability and council approval.
CONFLICT OF INTEREST:
None.
Prepared by: Cynthia Cisneros Approved by: Samuel A. Escobar, City Manager REVIEW: Samuel A. Escobar Finance: City Attorney:
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION Consent Public Hearing
Info Item Matter Initiated by a Council Member
Action Item Other
Department Repor Continued to:
Redevelopment Agenci