Ripon City Council
April 8, 2025

Ripon City Council Minutes
TUESDAY, APRIL 08, 2025 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session meeting was called to order at 5:30 PM.

PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.

ROLL CALL: Council Members Leo Zuber, Michael Restuccia, Dean Uecker, Vice Mayor Gary Barton, Mayor Daniel de Graaf.

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., City Clerk Lisa Roos.

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code - 2 cases.

Return to open session.

City Attorney Terpstra Jr. said Council met in closed session to discuss the two pending litigation items on the agenda. He said no further reportable actions were taken.

PLEDGE OF ALLEGIANCE:

The meeting was called to order at 6:00 PM with Mayor de Graaf leading in the Pledge of Allegiance to the Flag.

INVOCATION:

Pastor Brett Dood gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Daniel de Graaf Mayor Present
Gary Barton Vice Mayor Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
Leo Zuber Council Member Present
City Council Page 2 April 8, 2025
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Planning Secretary Michael Winters, Information Systems Technician Alex Arias, David Morris, Brandon Cook.

PUBLIC DISCUSSION:

Emil Guillermo, Ripon Poet Laureate, stated that he had a poem to read and proceeded to do so.

He invited everyone to the poetry café on April 23 and the poetry workshop on May 15, both of which are hosted at the library.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting March 11, 2025.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

1. CITY COUNCIL - REGULAR MEETING - MAR 11, 2025 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Motion to approve the agenda as posted.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

1. CONSENT CALENDAR
Motion to approve the Consent Calendar as posted.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
City Council Page 3 April 8, 2025

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(March 2024 $270,403.26)
FY 2024-25 YTD: $3,297,871
FY 2023-24 YTD: $3,380,569
Highway Users Tax
(February 2024 $32,577.76)
FY 2024-25 YTD: $318,669
FY 2023-24 YTD: $298,029
SB1 Street & Road Tax
(March 2024 $32,831.05)
FY 2024-25 YTD: $326,133
FY 2023-24 YTD: $295,974
$259,585.84
$31,772.75
$31,197.51
TOTAL $322,556.10
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
March 2025 $1,336.34
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment - February 2025 $7,052.46

1.2. Bills, Invoices, Payments
A. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
February 2025 Invoice #AR115284 $2,189.01
B. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2024-2025 4th Quarter Deposits:

Workers’ Compensation Program
Liability Program
2024/2025 Cyber Assessment
$174,816.00
$128,694.00
$3,413.00

TOTAL $306,923.00
C. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $3,990.00
D. STANTEC CONSULTING SERVICES, INC.

Well 9 Evaluation and Condition Assessment
Progress Payment – Invoice #2365100 $1,659.50
City Council Page 4 April 8, 2025
E. LSC TRANSPORTATION CONSULTANTS, INC.

Short Range Transit Plan
Progress Payment – Invoice #71493 $3,770.00
F. BASECAMP ENVIRONMENTAL, INC.

South County Water Connection Project Environmental
Progress Payment – Invoice #52777 $1,068.75
G. CONDOR EARTH TECHNOLOGIES, INC.

Fleet Maintenance Facility and Fueling Station –
Spill Prevention, Control and Countermeasure Plan
Progress Payment – Invoice #91717
Progress Payment – Invoice #91855
$1,565.35
$3,756.00
TOTAL $5,321.35
H. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #31529 $425.00
I. CTE CAL, INC.

Ripona Resurface Project
Materials Testing & Inspection Services
Progress Payment - Invoice #36327 $3,166.00
J. STONE CREEK ENVIRONMENTAL CONSULTING
State Mandated Trash Implementation Plan
Progress Payment – Invoice #02564 $1,573.75
K. LAW OFFICE OF THOMAS H. TERPSTRA JR.

General Matters
Police Matters
$12,399.25
$5,752.50
TOTAL $18,151.75

1.3. Resolutions
A. RESOLUTION NO. 25-10

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
APPROVING FISCAL YEARS 2022-
23 AND 2023-24 FINANCIAL

TRANSFERS
This resolution approves the financial
transfer to the Street and Road Reserve
Fund for Fiscal Years 2022-23 and 2023-
24 in accordance with Resolution 15-23
to provide a dedicated funding source to
reconstruct streets and roads that have
exceeded their useful life.

City Council Page 5 April 8, 2025
B. RESOLUTION NO. 25-11

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ESTABLISHING A POLICY

ALLOWING COUNTY, STATE, OR

FEDERAL ELECTED OFFICIALS

TO USE RIPON'S CITY HALL FOR

CONSTITUENT MEETINGS
This resolution approves establishing a
policy allowing county, state, or federal
elected officials to use Ripon’s City Hall
for constituent meetings in order to
provide Ripon residents increased access
and communication with their elected
officials.

C. RESOLUTION NO. 25-12

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING THE SAN JOAQUIN
COUNCIL OF GOVERNMENTS’

ANNUAL FINANCIAL PLAN FOR
FISCAL YEAR 2025-2026

ADOPTED BY THE SJCOG BOARD
ON MARCH 27, 2025
This resolution accepts the San Joaquin
Council of Governments’ annual
financial plan that describes the proposed
transportation planning activities for
Fiscal Year 2025-2026.

1.4. Miscellaneous Items
A. GENERAL SERVICES AGREEMENT
Telepath Corporation Approve and authorize the Mayor to sign the agreement with Telepath
Corporation in the annual not to exceed
amount of $56,197.80 for radio
maintenance services for the Police
Department (funding source: General
Fund).

B. PRICE PAIGE & COMPANY
Engagement Letters
Annual Audits
Approve and authorize the Mayor and
City Administrator to sign the
engagement letters with Price Paige &
Company to perform the annual audits
of the City of Ripon Financial
Statements and the Money Purchase
Thrift Pension Plan for the year ending
June 30, 2025 in the amount of
$57,260.00 (funding sources: General
Fund; Water, Garbage, and Sewer
Enterprise Operating Funds; Streets &
Roads Fund; Transit Operating Fund).

City Council Page 6 April 8, 2025
C. CONSUMER CONFIDENCE REPORT PREPARATION
Corona Environmental Consulting, LLC Approve and authorize the Mayor to sign the contract with Corona
Environmental Consulting to assist with
Consumer Confidence Report
preparation and general water
compliance consultation services over
the next 3 years, in the not to exceed
amount of $45,000.00 (funding source:

Water Enterprise Operating Fund).

D. AGREEMENT FOR THE LEASE AND OPERATION OF THE JACK TONE

ROAD GOLF COURSE
SGM, Inc.

Amendment No. 1
Approve and authorize the Mayor to
sign Amendment No. 1 to the
Agreement for the Lease and Operation
of the Jack Tone Road Golf Course
between the City of Ripon and SGM,
Inc.

E. MEADOWOOD DEVELOPMENT AGREEMENT
Lennar Homes
Amendment No. 2
Approve and authorize the Mayor to
sign Amendment No. 2 for the
Meadowood Development Agreement,
amending sections and attachments of
the Conditions of Approval relating to
the maintenance and ownership of the
Home Owners Association and
Landscape Maintenance District areas.

F. WASTEWATER TREATMENT PLANT GROUNDWATER MONITORING

AND REPORTING
Stantec Consulting Services, Inc.

Change Order No. 11
Approve and authorize the Mayor to
sign Change Order No. 11 with Stantec
Consulting Services, Inc. to extend their
quarterly and annual groundwater
monitoring and reporting at the Ripon
Wastewater Treatment Facility until
February 29, 2028, in the not to exceed
amount of $39,000.00 (funding source:

Sewer Enterprise Operating Fund).

City Council Page 7 April 8, 2025
G. DISADVANTAGED BUSINESS ENTERPRISE ANNUAL REPORTING

REQUIREMENTS
Padilla & Associates, Inc. Approve and authorize the Mayor to sign the agreement with Padilla &
Associates, Inc. for Disadvantage
Business Enterprise annual reporting
requirements as mandated for federally
funded projects in the not to exceed
amount of $4,515.00 (funding source:

Street and Road Operating Fund).

H. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Change Order No. 16
Approve and authorize the Mayor to
sign Change Order No. 16 for additional
gas line shoring and modifications to the
HVAC units in the not to exceed
amount of $14,314.00 (funding sources:

Corp Yard AB1600 Fund, Enterprise
Capital Funds, and General Capital
Fund).

I. PROFESSIONAL SERVICES AGREEMENT
Goodwin Consulting Group, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with Goodwin Consulting
Group, Inc. for the preparation of the
Development Impact Fee Nexus Study
in the not to exceed amount of
$59,000.00.

J. PROCLAMATION
Ripon Christian High School Present a proclamation to Ripon Christian High School recognizing its
outstanding athletic accomplishments.
**END OF CONSENT CALENDAR**

PRESENTATION OF PROCLAMATION
Mayor de Graaf presented a proclamation to Ripon Christian High School, recognizing the Girls’ Varsity Soccer and Volleyball teams for their outstanding athletic accomplishments.

City Council Page 8 April 8, 2025

2. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 930

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 5.08 "BINGO"

OF THE RIPON MUNICIPAL CODE
This Ordinance amends Chapter 5.08
“Bingo” to allow alcohol beverages to be
served or consumed where bingo games are
conducted and repeal sections of the
Chapter referencing remote caller bingo
games.

Council Member Restuccia explained why he is proposing to amend the bingo ordinance regarding alcohol.

City Clerk Roos stated that state legislation allows cities to monitor bingo, which is why the City of Ripon currently has an ordinance in place. She cited the California Penal Code, which prohibits for-profit bingo games, restricts participation by minors, and mandates that bingo games be conducted by a non-profit organization.

Council Member Zuber expressed concerns about some of the wording in the proposed ordinance and expressed concern about whether or not it adequately addressed issues associated with the presence of alcohol at bingo events.

City Administrator Werner added that if a non-profit organization were to rent out a building for bingo, it would need to assume full control of the building and its operations, including all associated liability.

Motion to waive the first reading and introduce Ordinance 930 amending Chapter 5.08 “Bingo” of the Ripon Municipal Code to allow alcohol beverages to be served or consumed where bingo games are conducted and repeal sections of the Chapter referencing remote caller bingo games.

RESULT: FIRST READING [3 TO 1] Next: 5/13/2025 6:00 PM
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Uecker, Restuccia
NAYS: Zuber
ABSTAIN: Barton
City Council Page 9 April 8, 2025

3. DISCUSSION ITEMS
A. BUILDING PERMIT SOFTWARE UPDATE
Discussion/Action Staff is recommending the City Council (1) approve and authorize the Mayor to
sign the Master Services Agreement with
OpenGov Inc. for a term of 2 years, 3
months in the amount of $119,180.55 and
(2) direct staff to implement a technology
maintenance and program recovery fee
that will be added to all building permits.

Planning Director Zuidervaart stated that staff has conducted a comprehensive review of several building permit software programs. Zuidervaart said the staff report includes a detailed analysis of three specific programs.

Council Member Zuber asked about permit fees increasing.

Zuidervaart stated that Council allocated $40,000 in the 24/25 budget to help implement the program. Zuidervaart said to offset the ongoing expense of the annual subscription and licensing fee, staff anticipates recovering the cost through an additional fee on each building permit. This will be brought back for City Council approval.

Mayor de Graaf expressed concerns regarding lead time and communication. He inquired whether the platform is user-friendly for residents, builders, and developers, emphasizing the importance of streamlining the process. He noted that, in his experience, most of these platforms lack effective communication channels and that processing time is often not expedited but instead slowed down.

Brandon Cook, a sales rep for OpenGov Inc., said that their system notifies users throughout the process and believes OpenGov has the necessary communication channels that staff is looking for.

Motion to approve and authorize the Mayor to sign the Master Services Agreement with OpenGov Inc. and direct staff to implement a technology maintenance and program recovery fee that will be add to all building permits.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
City Council Page 10 April 8, 2025

REPORTS
Department Heads:

Police Chief Sauer thanked the community for their support during First Responders Appreciation Day.

Planning Director Zuidervaart said there is a Planning Commission meeting on Monday, April 14. He said the primary agenda item for this meeting will be the discussion of the 6th Cycle Housing Element.

Public Works Director Pease reported that March water usage was down 36% compared to 2013 figures, but up 3% from last year. Pease said that the large item pickup program has begun, and residents can sign up for a one-time pickup of up to four items through September.

City Council:

Council Member Zuber thanked staff for their efforts on the weed abatement ordinance, stating that this is the least amount of weeds he has seen at this time of year.

Council Member Restuccia thanked the community for the support of Ripon’s First Responders Appreciation Day.

Vice Mayor Barton echoed Restuccia’s thanks for the support of First Responders Appreciation Day, and wanted to thank Recreation Director Stevens for all of his hard work on the youth sports programs, as they have been wildly successful.

Mayor de Graaf thanked the public for attending.

There being no further business, the meeting was adjourned at 6:41 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, MARCH 11, 2025 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session meeting was called to order at 5:30 PM.

PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.

ROLL CALL: Council Members Leo Zuber, Michael Restuccia, Dean Uecker, Vice Mayor Gary Barton, Mayor Daniel de Graaf.

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., City Clerk Lisa Roos.

IN THE MATTER OF:
(a) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 2 cases.

Return to open session.

City Attorney Terpstra Jr. said Council met in closed session to discuss the pending litigation items on the agenda. Invoices were approved pertaining to the litigation items indicated on the agenda and no further reportable action was taken.

PLEDGE OF ALLEGIANCE:

The meeting was called to order at 6:00 PM with Mayor de Graaf leading in the Pledge of Allegiance to the Flag.

INVOCATION:

Pastor Chris Williams gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Daniel de Graaf Mayor Present
Gary Barton Vice Mayor Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
Leo Zuber Council Member Present
1 Packet Pg. 11
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 2 March 11, 2025
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra Jr., Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias, Kelly Donohue, Darlene Ruiz, Ray Ruiz, Emil Guillermo, Kathleen Guillermo.

PUBLIC DISCUSSION:

Emil Guillermo, Ripon Poet Laureate, stated that he had a poem to read and proceeded to do so.

He also announced that he would be reading a poem at the Ripon Arts League on March 20 and at the Poetry Brigade meeting at the Ripon Library on April 4.

Ray and Darlene Ruiz said they wanted to talk about their son Trevor who passed away four years ago. He explained that Trevor’s passion was officiating for youth sports and said he would have loved Mistlin Sports Park. He said the Trevor Seever Foundation would like to make a donation to the City of Ripon’s Mistlin Sports Park.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting of February 11, 2025.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

1. CITY COUNCIL - REGULAR MEETING - FEB 11, 2025 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Restuccia requested Item 1.2C be pulled from the Consent Calendar to express that he is a paid elected director for the Bank of Stockton.

Vice Mayor Barton requested Item 1.3B be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1 Packet Pg. 12
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 3 March 11, 2025

1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(February 2024 $496,986.54)
FY 2024-25 YTD: $3,038,285
FY 2023-24 YTD: $3,110,166
Highway Users Tax
(January 2024 $34,410.25)
FY 2024-25 YTD: $286,896
FY 2023-24 YTD: $265,451
SB1 Street & Road Tax
(February 2024 $39,152.25)
FY 2024-25 YTD: $294,936
FY 2023-24 YTD: $263,143
$545,586.70
$35,003.46
$39,519.50
TOTAL $620,109.66
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
February 2025 $1,336.34
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment - January 2025 $2,279.97
D. GILTON SOLID WASTE MANAGEMENT, INC.

Quarterly Franchise Fee Payment – December 2024 $16,111.04 E. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – December 2024 $21,311.79

1.2. Bills, Invoices, Payments
A. US BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $76,050.00 1 Packet Pg. 13
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 4 March 11, 2025
B. US BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $12,603.13
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. BASECAMP ENVIRONMENTAL, INC.

Arc Way Development Project Environmental
Invoice #52756 (Reimbursed by Developer) $375.00
E. LAW OFFICE OF THOMAS H. TERPSTRA JR.

General Matters
Police Matters
SSJID Water Connection Project
Private Development
$15,710.50
$3,404.50
$206.50
$657.25

TOTAL $19,978.75
F. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #35134 $4,254.00
G. PETRULAKIS LAW & ADVOCACY, APC
Review City Attorney Agreement
Invoice # 2963 $3,347.50
H. BASECAMP ENVIRONMENTAL, INC.

South County Water Connection Project Environmental
Progress Payment – Invoice #52753 $337.50
I. LSC TRANSPORTATION CONSULTANTS, INC.

Short Range Transit Plan
Progress Payment – Invoice #71328 $8,533.75
J. CONSOLIDATED ENGINEERING, INC.

Community Center Tennis Courts Project
Progress Payment – Invoice #4 $27,001.85
K. DE NOVO PLANNING GROUP
City of Ripon 6th Cycle Housing Element
Progress Payment – Invoice #4610 $10,570.00
L. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #31402 $850.00
M. CALIFORNIA CAD SOLUTIONS, INC.

Geographical Information System Site Development
Invoice #701800 $1,312.50
1 Packet Pg. 14
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 5 March 11, 2025
N. STANTEC CONSULTING SERVICES, INC.

Wastewater Discharge Permit Groundwater Monitoring
2024 4th Quarter Report and Annual Report
Invoice #2362475 $3,518.00
O. JOHN ANDOH
Transit Consulting Services
Progress Payment – Invoice #25-01 $2,350.00

1.3. Miscellaneous Items
A. GENERAL SERVICES AGREEMENT - AMENDMENT NO. 1
Aspen Survey Company, Inc. Approve and authorize the Mayor to sign the Amendment No. 1 to the
General Services Agreement with Aspen
Survey Company, Inc. to assist in
implementing the Survey Monument
Preservation Policy in the not to exceed
amount of $20,000 (funding source:
varies by project).

B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. SOUTH OF MAIN STREET RESURFACING PROJECT
American Pavement Systems, Inc. Accept the work completed by American Pavement Systems, Inc. and
authorize the filing of a Notice of
Completion with retention
($102,458.35) to be paid 35 days after
recording of notice.

D. CLAIM
Jose Quintana Deny the claim filed by Jose Quintana.

E. FOAM DENSIFIER AND GRINDER DONATION
Dart CARE LLC Accept the donation of a Foam Densifier
and Grinder from Dart CARE LLC
(donation value: unknown).

ITEMS PULLED FROM CONSENT

1.3B : FLEET MAINTENANCE FACILITY FLAG POLE AND FLAG POLE PURCHASE Patriot Flagpole Approve the purchase of a flag pole and flag for the Fleet Maintenance Facility in
the not to exceed amount of $13,180.00
(funding sources: Corp Yard AB1600
Fund, Enterprise Capital Funds, and
General Capital Fund).
1 Packet Pg. 15
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 6 March 11, 2025
Vice Mayor Barton wanted to discuss the cost of the flag pole.

City Administrator Werner stated that the price is based on a 15' x 25' flag; however, staff is revising the actual size of the flag to be 12' x 18'. He noted that while the pole size will remain the same, there will be a slight decrease in the cost of the flag.

Barton asked what the life expectancy of the flag was.

Werner said the life expectancy is about a year.

Motion to approve Item 1.3B Fleet Maintenance Facility Flag Pole and Flag Pole Purchase.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

1.2C : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees $65,636.75
Council Member Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.

Restuccia left the room.

Motion to approve Item 1.2C Bank of Stockton Invoice.

RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Zuber
ABSTAIN: Restuccia
Restuccia returned to the meeting.
**END OF CONSENT CALENDAR**
1 Packet Pg. 16
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 7 March 11, 2025

2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.

A. COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS
Fiscal Year 2025-2026 This is a public hearing to provide an opportunity for the public to comment on
the recommended use of CDBG and
HOME Program funds allocated to the
City of Ripon.

Recommended Action: Approve the
recommended 2025-2026 CDBG funding
allocation of $76,103 to the Senior Center
Interior Rehabilitation Project and $13,430
to the public service programs that
requested funding. Additionally, approve
the recommended 2025-2026 HOME
Program funds of $32,121to be allocated
to the low-income down payment
assistance program that is administered by
San Joaquin County. Lastly, direct staff to
process the necessary documentation with
San Joaquin County to facilitate the
allocation of these funds.

Planning Director Zuidervaart said this is the annual public hearing for allocation of Community Development Block Grant (CDBG) and HOME funds. Staff is recommending a portion of funds be allocated to the Senior Center Interior Rehab Project.

Zuidervaart said staff received project applications for Bethany Home and a few from the County. Staff is recommending funding those requests at a percentage since there was more money requested than available.

Vice Mayor Barton asked if there are other City properties that would be eligible for the funds. Zuidervaart said no, the City has used funds to install handicap ramps in the past but that is no longer an eligible project.

PUBLIC HEARING OPENED
No one from the public wished to speak at this time.

PUBLIC HEARING CLOSED
1 Packet Pg. 17
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 8 March 11, 2025
Motion to approve the recommended 2025-2026 CDBG and HOME Programs funding allocations and direct staff to process the necessary documentation with San Joaquin County to facilitate this grant program.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
B. VACATION AND ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY ADJACENT TO 923 SOUTH ACACIA AVENUE
RESOLUTION NO. 25-9

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

FOR THE VACATION AND

ABANDONMENT OF A PORTION OF

PUBLIC RIGHT-OF-WAY ADJACENT
TO THE PROPERTY AT 923 SOUTH

ACACIA AVENUE
This is a public hearing to consider input
regarding abandonment of an unused
portion of public right-of-way adjacent to
the property at 923 South Acacia Avenue.

Recommended Action: Adopt the
resolution declaring the vacation and
abandonment of a portion of public rightof-way adjacent to the property at 923 South Acacia Avenue.

Planning Director Zuidervaart said at the July 15, 2024 Planning Commission meeting, the Commission approved a project to develop the property located at 923 South Acacia Avenue.

He said during the project’s review, it was discovered that the City of Ripon owned a small section of right-of-way in front of this parcel that ultimately is not needed for the proposed alignment/improvements of South Acacia Avenue. He said, consequently, the applicant submitted an abandonment application on December 8, 2024, for the abandonment proposal.

Zuidervaart said the City Council is required to go through a three-step process to abandon public right-of-way. He said the City Council approved the abandonment at the January 14, 2025 City Council meeting.

Zuidervaart said the Planning Commission approved the abandonment at the February 18, 2025 Planning Commission meeting.

Zuidervaart said tonight’s public hearing is the final step in the abandonment procedure. He said after considering any public comments, City Council will vote to consider approving the attached resolution, ordering the vacation and abandonment of the public right-of-way for recordation with the County.

PUBLIC HEARING OPENED
No one from the public wished to speak at this time.

PUBLIC HEARING CLOSED
1 Packet Pg. 18
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes) City Council Page 9 March 11, 2025
Motion to adopt the resolution declaring the vacation and abandonment of a portion of public right-of-way adjacent to the property at 923 South Acacia Avenue.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

REPORTS
Department Heads:

Planning Director Zuidervaart said there is no Planning Commission meeting this month. He said the housing element is planned to go to before the Planning Commission in April and the City Council in June.

City Council:

Council Member Restuccia said First Responder’s Appreciation Day is April 5.

Restuccia said he wanted to thank City Administrator Werner because there is progress on the open utility spots in the streets. He wants to revisit the encroachment permit process in the future.

Council Member Zuber said overall the Almond Blossom festival was very successful and wanted to thank the Chamber of Commerce for all they did.

Vice Mayor Barton said seeing what is happening at the Federal level of government, he wants to take the opportunity to thank staff for how efficient they are and their awareness of the spending of taxpayer dollars. He wanted to echo Zuber's comments regarding the Almond Blossom Festival.

Mayor de Graaf said it is apparent that we live in a wonderful community and appreciates everyone who attended and watched the meeting online.

There being no further business, the meeting was adjourned at 6:31 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 19
Minutes Acceptance: Minutes of Mar 11, 2025 6:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 20
Attachment: 2025 01 advance (4614 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2400297 and 2400297AIssue Date: March 4, 2025Fiscal Year: 2024-2025Collection Period: January 24, 2025 - February 23, 2025Description: Streets and Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Lucas Rasmussen at 916-323-1374 or at [email protected].

City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Withheld/Return of
Funds due to
Delinquent Annual
Street Report Payment Amount Year To Date
Ripon City Treasurer 15,988 $10,334.68 $8,037.65 $5,754.79 $7,645.63 $0.00 $0.00 $31,772.75 $0.00 $31,772.75 $318,668.80

1.1.A.b
Packet Pg. 21
Attachment: fy2425_2hwycityra (4614 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2400313 and 2400313A
Issue Date: March 21, 2025
Fiscal Year: 2024-2025
Collection Period: February 01, 2025 - February 28, 2025 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.

For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].

City Population Payment Amount Year To Date
Ripon City Treasurer 15,988 $31,197.51 $254,277.68
1 of 1

1.1.A.c
Packet Pg. 22
Attachment: rmra_cities_remit_2425_mar24 (4614 : State of California)

1.1.B.a
Packet Pg. 23
Attachment: CCATT (4617 : CCATT Holdings)

1.1.C.a
Packet Pg. 24
Attachment: Waste Management_February (4615 : Waste Management) 202502 Total
CR Cash Receipts 1 Commercial $ 26,099.33 $ 26,099.33
CR Cash Receipts 2 Roll Off $ 62,056.41 $ 62,056.41
CR Cash Receipts 3 Residential $ - $ -
CR Cash Receipts 4 $ -
CR Cash Receipts 5 $ -
CR Cash Receipts TTL Total Cash Receipts $ 88,155.74 $ 88,155.74 FFA Franchise Fee Payable 1 Franchise Fees Due $ 7,052.46 $ 7,052.46 FFA Franchise Fee Payable 2 $ -
FFA Franchise Fee Payable 3 $ -
FFA Franchise Fee Payable 4 $ -
FFA Franchise Fee Payable 5
FFA Franchise Fee Payable TTL Total Franchise Fee Payable $ 7,052.46 $ 7,052.46 FFR Franchise Fee Rate 1 Franchise Fee Rate 8%
Amount: $ 7,052.46
259 N Wilma Ave
Stockton Scavengers
(a USA Waste of California, Inc. company)
1240 Navy Dr, Stockton, CA 95296
City of Ripon
Administrative Coding
WM VndrNo: 386801
Ripon, CA 95366
Monthly Franchise Fee Payment
For the Month Ended February 2025
Section Description Line Description

1.1.C.a
Packet Pg. 25
Attachment: Waste Management_February (4615 : Waste Management)

1.2.A.a
Packet Pg. 26
Attachment: Invoice AR115284_SJRTD (4587 : SJRTD)
Please make check payable to CSJVRMA and remit payment to the above address.

Delinquent amounts shall be assessed at the rate of 1.5% per month simple interest computed daily.

CSJVRMA ACCEPTS ELECTRONIC PAYMENTS
To obtain ACH/wiring instructions, please contact
Joe Roy, Finance Manager or Vlad Tsering, Accounting Associate [email protected] (916) 244-1155 ~ [email protected] (916) 244-1141

CSJVRMA INVOICE
1750 Creekside Dr Invoice #: INV0250
Suite 200 Invoice Date: 03/14/2025
Sacramento, CA 95833 Due Date: 04/28/2025

Bill To:

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366
United States
2024/25 4th Quarter Invoice
Description Amount
4th Quarter Workers' Compensation Program Premium $174,816.00 4th Quarter Liability Program Premium $128,694.00
2024/25 Cyber Assessment by ResoluteGuard $3,413.00
Amount Due $306,923.00

1.2.B.a
Packet Pg. 27
Attachment: CSJVRMA - 4th Quarter 2024 (4616 : CSJVRMA 2024/2025 4th Quarter)

1.2.C.a
Packet Pg. 28
Attachment: Banc of America WasteWater payment (4626 : Banc of America - 2011 Waste Water Bonds)

1.2.C.a
Packet Pg. 29
Attachment: Banc of America WasteWater payment (4626 : Banc of America - 2011 Waste Water Bonds)

1.2.C.a
Packet Pg. 30
Attachment: Banc of America WasteWater payment (4626 : Banc of America - 2011 Waste Water Bonds) INVOICE Page 1 of 2
Invoice Number 2365100
Invoice Date March 11, 2025
Customer Number 84626
Project Number 184031834
Net Due in 30 Days or in accordance with terms of the contract Bill To
City of Ripon, CA
Accounts Payable
259 N Wilma Avenue
Ripon CA 95366
United States
Please Remit To
Stantec Consulting Services
Inc. (SCSI)
13980 Collections Center
Drive
Chicago IL 60693
United States
Federal Tax ID
11-2167170
Project Description: City of Ripon Test Well
Stantec Project Manager: Butler, Thomas W
Contract No: PSA
Contract Date: March 12, 2024
Authorization Amount: $298,921.00
Authorization Previously Billed: $193,132.89
Authorization Budget Remaining: $104,128.61
Authorization Billed to Date: $194,792.39
Current Invoice Due: $1,659.50
For Period Ending: February 21, 2025
Email invoices to: Carla Rodriguez / [email protected] Cc: James Pease / [email protected]
Work completed this period involved laboratory fees for grain size analysis and field supplies for the test well project.

1.2.D.a
Packet Pg. 31
Attachment: Invoice 2365100_Stantec (4630 : Stantec Consulting Services, Inc.) INVOICE Page 2 of 2
Invoice Number 2365100
Project Number 184031834
Top Task 100 City of Ripon Test Well
Disbursements
Date Cost % Current
Amount
Direct - Field Supplies
Geotech Environmental Equipment Inc 2024-11-01 444.50 0.00 444.50 IN00789078
Direct - Testing & Lab Charges
Construction Materials Testing Inc 2024-12-13 1,215.00 0.00 1,215.00 41832
Disbursements Subtotal 1,659.50
Top Task 100 Total 1,659.50
Total Fees & Disbursements $1,659.50
INVOICE TOTAL (USD) $1,659.50

1.2.D.a
Packet Pg. 32
Attachment: Invoice 2365100_Stantec (4630 : Stantec Consulting Services, Inc.) Invoice
Invoice No.: IN00789078
Invoice Date: 11/1/2024
Due Date: 12/31/2024
Order No: S000012732
Purchase Order: -- SEE BELOW --
Salesperson: Region 9
Invoice To: C009956 Deliver To: 9

STANTEC
1340 TREAT BLVD #300
WALNUT CREEK CA 94597
United States
Thomas Butler
EnviroTech
4851 Sunrise Drive
Suite 101
MARTINEZ CA 94553
United States
No. Item Description Quantity Unit Price Net Price
2 25.000 14.00000 350.00 USD
73050017 FILTER,CAPSULE,0.45UM,750CM2
GWC-45-MAX,ENVIROTECH
3 1.000 55.00000 55.00 USD
R8300001 RENTAL,TURB,HACH 2100
FOR 1 DAY 10/31/24 THRU 11/1/24
RENTAL UNIT #30066 RETURNED
PLACED BY: THOMAS BUTLER
Geotech Environmental Equipment Inc., 2650 East 40th Avenue, Denver, CO, 80205, United States P: 303-320-4764
[email protected]
www.geotechenv.com

1.2.D.a
Packet Pg. 33
Attachment: Invoice 2365100_Stantec (4630 : Stantec Consulting Services, Inc.) Invoice
Invoice No.: IN00789078
Order No: S000012732
Purchase Order: -- SEE BELOW --
No. Item Description Quantity Unit Price Net Price
Remit To:

Geotech Environmental Equipment Inc.
2650 East 40th Avenue
Denver CO 80205
United States
303-320-4764
Wire To: UMB Operating
Bank Transit Number: 10100069
Account Number: 6971833761
Payment Terms: 1%-10/NET60
Cust PO:Rippon Well Nine
Sales Amount
Misc Charges
Freight
Surcharge
Sales Tax
Prepaid Amount
Total
405.00

0.00 0.00

0.00 39.50

0.00 0.00
444.50
USD
USD
Special Instructions:

Geotech Environmental Equipment Inc., 2650 East 40th Avenue, Denver, CO, 80205, United States P: 303-320-4764
[email protected]
www.geotechenv.com

1.2.D.a
Packet Pg. 34
Attachment: Invoice 2365100_Stantec (4630 : Stantec Consulting Services, Inc.) Construction Materials Testing, Inc.
480 Preston Court, Suite B
Livermore, CA 94551
(925)825-2840
[email protected]

INVOICE

BILL TO
Stantec
1340 Treat Blvd, Suite 300
Walnut Creek, CA 94597-7966
INVOICE # 41832
DATE 2024-12-13
TERMS Net 30

ACTIVITY QTY RATE AMOUNT
Gradation - CalTest 202
Depths: 190', 205', 250', 260', 285', 295', 310', 315', 335' 9 135.00 1,215.00
Ripon Test Well BALANCE DUE $1,215.00
Coder: Olivia Herrera
184031834100.001

1.2.D.a
Packet Pg. 35
Attachment: Invoice 2365100_Stantec (4630 : Stantec Consulting Services, Inc.) S. Schroen
3/31/2025

1.2.E.a
Packet Pg. 36
Attachment: Invoice 71493_LSC Transportation Consultants, Inc. (4631 : LSC Transportation Consultants, Inc.) L � 6�fft9n.Tt!�?�c.

March 13, 2025
Carla Rodriguez
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Project: 2025 Ripon Short Range Transportation Plan
Dear Ms. Rodriguez:

TRANSPORTATION PLANNING AND

TRAFFIC ENGINEERING CONSULTANTS
2690 Lake Forest Road, Suite C
Post Office Box 5875
Tahoe City, California 96145
(530) 583-4053
The following is a summary of work performed for the 2025 Ripon Short Range Transportation Plan for the month of February 2025:
• Project Management and Meetings
• Technical Memorandum 2 -Alternatives Analysis
Respectfully Submitted,
��
Justine Marmesh, AICP
Senior Transportation Planner
LSC Transportation Consultants Inc.

1.2.E.a
Packet Pg. 37
Attachment: Invoice 71493_LSC Transportation Consultants, Inc. (4631 : LSC Transportation Consultants, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52777
DATE 03/01/2025
DUE DATE 03/31/2025
TERMS Net 30
PROJECT South County Water Project

PERIOD DESCRIPTION QTY RATE AMOUNT
Principal 4.75 225.00 1,068.75
Services through the invoice date. Meeting with
City staff and SSJID to discuss California
Environmental Quality Act (CEQA) document.

Incorporated requested changes to the California
Environmental Quality Act (CEQA) Initial Study/
Mitigated Negative Declaration (IS/MND). Thank
you. We appreciate your business.

BALANCE DUE $1,068.75

1.2.F.a
Packet Pg. 38
Attachment: Invoice 52777 _BaseCamp Environmental, Inc (4632 : BaseCamp Environmental, Inc.) Project Manager: Ashley Adami
Invoice
James Pease
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
January 15, 2025
Invoice No: 91717
Condor Earth Technologies, Inc.

P. O. Box 3905
Sonora, CA 95370-3905
Phone: (209)532-0361 Fax: (209)532-0773
Project #/Name: 8190B City of Ripon 2024 SPCC Plan 5-Year Review & Update Work Summary: Site evaluation, Post site visit findings and recommendations preparations, Plan preparations, Project Management & Consulting Professional Services for the Period: October 24, 2024 to January 8, 2025 Personnel
Hours Rate Amount
Associate Environmental Specialist
Project Consultation
Adami, Ashley 1/8/2025 .50 162.00 81.00
Project Planning/Scheduling
Adami, Ashley 10/24/2024 .50 162.00 81.00
Adami, Ashley 10/29/2024 .25 162.00 40.50
Project Review
Adami, Ashley 1/8/2025 .75 162.00 121.50
Project Management
Adami, Ashley 11/6/2024 .25 162.00 40.50
Adami, Ashley 11/7/2024 .25 162.00 40.50
Adami, Ashley 12/5/2024 .50 162.00 81.00
Report Preparation
Adami, Ashley 11/7/2024 1.75 162.00 283.50
Adami, Ashley 1/8/2025 .50 162.00 81.00
Field Work Preparation
Adami, Ashley 11/1/2024 .25 162.00 40.50
Adami, Ashley 11/6/2024 .25 162.00 40.50
Equip Mob/Demob
Adami, Ashley 11/6/2024 .25 162.00 40.50
Adami, Ashley 11/7/2024 .25 162.00 40.50
Site Visit/Reconnaissance
Adami, Ashley 11/7/2024 3.00 162.00 486.00
Totals 9.25 1,498.50
Total Personnel 1,498.50
Unit Billing
Company Vehicle
11/7/2024 0.5 Day @ 60.00 30.00
Mileage
11/7/2024 55.0 Miles @ 0.67 36.85
Total Units 66.85 66.85

1.2.G.a
Packet Pg. 39
Attachment: 1-15-25 Invoice - 91717 (4633 : Condor Earth Technologies, Inc.) Project 8190B COR 2024 SPCC Plan Update Invoice 91717
Billing Summary Current Prior To-Date
Total Billings 1,565.35 0.00 1,565.35
Budget Estimate 6,000.00
Remaining 4,434.65
TOTAL PROJECT INVOICE AMOUNT $1,565.35
Current Prior Total
Billing Summary History 1,565.35 0.00 1,565.35
All invoices are due upon receipt. A late charge of 1.5% per month will be added to any unpaid balance after 30 days.

1.2.G.a
Packet Pg. 40
Attachment: 1-15-25 Invoice - 91717 (4633 : Condor Earth Technologies, Inc.) Project Manager: Ashley Adami
Invoice
James Pease
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
February 28, 2025
Invoice No: 91855
Condor Earth Technologies, Inc.

P. O. Box 3905
Sonora, CA 95370-3905
Phone: (209)532-0361 Fax: (209)532-0773
Project #/Name: 8190B City of Ripon 2024 SPCC Plan 5-Year Review & Update Work Summary: Plan preparations and finalization, Post site visit details requests, Plan preparations, Project Management Professional Services for the Period: January 9, 2025 to February 23, 2025 Personnel
Hours Rate Amount
Senior Principal
Review/Edit Reports
Job, Robert 2/10/2025 .75 260.00 195.00
Senior Process Safety Management Spec.

Prepare/Review Plans
Becker, Johnathan 2/7/2025 2.00 201.00 402.00
Associate Environmental Specialist
Project Meeting
Adami, Ashley 1/15/2025 .25 162.00 40.50
Project Review
Adami, Ashley 1/20/2025 .25 162.00 40.50
Adami, Ashley 1/21/2025 .25 162.00 40.50
Adami, Ashley 2/6/2025 .25 162.00 40.50
Project Management
Adami, Ashley 2/20/2025 .25 162.00 40.50
Report Preparation
Adami, Ashley 1/14/2025 1.50 162.00 243.00
Adami, Ashley 1/16/2025 3.25 162.00 526.50
Adami, Ashley 1/17/2025 3.50 162.00 567.00
Adami, Ashley 1/20/2025 2.50 162.00 405.00
Selvage, Rebecca 2/12/2025 .50 162.00 81.00
Review/Edit Reports
Adami, Ashley 1/21/2025 .50 162.00 81.00
Adami, Ashley 2/12/2025 1.00 162.00 162.00
Selvage, Rebecca 2/10/2025 1.50 162.00 243.00
Drafting
Adami, Ashley 1/14/2025 2.00 162.00 324.00
Adami, Ashley 1/16/2025 1.25 162.00 202.50
Adami, Ashley 1/20/2025 .75 162.00 121.50
Totals 22.25 3,756.00
Total Personnel 3,756.00

1.2.G.b
Packet Pg. 41
Attachment: 2-28-25 Invoice - 91855 (4633 : Condor Earth Technologies, Inc.) Project 8190B COR 2024 SPCC Plan Update Invoice 91855
Billing Summary Current Prior To-Date
Total Billings 3,756.00 1,565.35 5,321.35
Budget Estimate 6,000.00
Remaining 678.65
TOTAL PROJECT INVOICE AMOUNT $3,756.00
Current Prior Total
Billing Summary History 3,756.00 1,565.35 5,321.35
Outstanding Invoices
Number Date Balance
91717 1/15/2025 1,565.35
Total 1,565.35
All invoices are due upon receipt. A late charge of 1.5% per month will be added to any unpaid balance after 30 days.

1.2.G.b
Packet Pg. 42
Attachment: 2-28-25 Invoice - 91855 (4633 : Condor Earth Technologies, Inc.)

1.2.H.a
Packet Pg. 43
Attachment: Invoice 31529_WGR (4634 : WGR Southwest, Inc.) 2/28/2025
City of Ripon
Christiana Giedd, PE
259 N. Wilma Ave
Ripon, CA 95366

36327 CTE CAL, INC.

BILL TO: JOB NAME:

INVOICE
INVOICE DATE:

CTE JOB NO: (209) 543-1799
3628 MADISON AVENUE SUITE #22
NORTH HIGHLANDS, CA 95660
REMIT PAYMENT TO:
[email protected];[email protected]
(209) 599-2613

DATE DESCRIPTION HOURS/QUANTITY EACH TOTAL
Sample Pickup 1.00 $85.00 $85.00
2/13/2025 Soils Technician 4.00 $112.00 $448.00
2/19/2025 Soils Technician 4.00 $112.00 $448.00
Trip Charge 2.00 $75.00 $150.00

LABORATORY TESTING
ASTM D1557 Max Density Method A/B 2.00 $215.00 $430.00
ASTM D2844 R-Value- 3 points 2.00 $425.00 $850.00
ASTM D4318 Atterberg Limits 2.00 $225.00 $450.00
ASTM D4829 Expansion Index 1.00 $95.00 $95.00
ASTM D4829 Expansion Index 1.00 $210.00 $210.00
INVOICE TOTAL: $3,166.00

THANK YOU
PLEASE REMIT TO: 3628 MADISON AVENUE, SUITE #22 NORTH HIGHLANDS, CA 95660 A FINANCE CHARGE OF 1 1/2 PERCENT PER MONTH (APR OF 18%) MAY BE ASSESSED ON ALL INVOICES OVER 30 DAYS OLD.

GEOTECHNICAL | ENVIRONMENTAL | CONSTRUCTION INSPECTION AND TESTING | CIVIL ENGINEERING | SURVEYING Pay by Zelle: [email protected] Must Include Invoice No. 36327 and Project No. 25-1659T A SERVICE CHARGE OF 3 PERCENT WILL BE ASSESSED FOR CREDIT CARD PAYMENTS 25-1659T
PW City of Ripon - On Call Materials Testing Contract
259 N. Wilma Ave
Ripon CA 95366
Ripona Resurface Project

1.2.I.a
Packet Pg. 44
Attachment: Invoice 36327_CTE Cal, Inc. (4638 : CTE Cal, Inc.) Invoice Summary
Description Amount
Trash Implementation Plan $1,573.75
Description Total Budget Remaining
Budget ($)
Total Billed ($) Prior Billing ($) This Invoice
($)
Trash Implementation Plan $19,500.00 $2,365.76 $17,134.24 $15,560.49 $1,573.75 BUDGET TOTALS $19,500.00 $2,365.76 $17,134.24 $15,560.49 $1,573.75 TOTAL AMOUNT DUE $1,573.75
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 4/1/25
Due Date: 5/1/25
Total Amount: $1,573.75
Number: 02564
Invoice Period: 03/01/25 - 03/31/25
Terms: Net 30
Project Code: 045
WalletLink Pay Invoice
J. Pease
4/8/2025

1.2.J.a
Packet Pg. 45
Attachment: 2025.04.01 Invoice (4640 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Professional Fees
Aleida
Hernan
dez
3/10/2
5 Administration
Assistance -
Billable
Trash
Implementation Plan
Figure 3 updates. 0.50 $85.00 $42.50
Aleida
Hernan
dez
3/5/25 Administration
Assistance -
Billable
Trash
Implementation Plan
Ripon -Appendix B 0.25 $85.00 $21.25
Administration Assistance - Billable 0.75 $63.75
Luis
Rivera
3/11/2
5 Quality
Assurance
Trash
Implementation Plan
Review draft plan. 0.50 $205.0
0 $102.50
Luis
Rivera
3/10/2
5 Quality
Assurance
Trash
Implementation Plan
Review draft plan. 1.00 $205.0
0 $205.00
Quality Assurance 1.50 $307.50
Colleen
Hunt
3/12/2
5 Technical
Professional
Services II
Trash
Implementation Plan
Finalize draft, update figures,
internal communication on tasks.

2.00 $185.0
0 $370.00
Colleen
Hunt
3/5/25 Technical
Professional
Services II
Trash
Implementation Plan
Trash Implementation Plan -
calculations, complete Figure 3,
update plan.

4.50 $185.0
0 $832.50
Technical Professional Services II 6.50 $1,202.
50 Professional Fees 8.75 $1,573.
75 TOTAL FEES/EXPENSES -- $1,573.
75 Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 4/1/25
Due Date: 5/1/25
Total Amount: $1,573.75
Number: 02564
Invoice Period: 03/01/25 - 03/31/25
Terms: Net 30
Project Code: 045
WalletLink

1.2.J.a
Packet Pg. 46
Attachment: 2025.04.01 Invoice (4640 : Stone Creek Environmental Consulting) Law Office of Thomas H. Terpstra, Jr.

P.O. Box 443
Ripon, CA 95366
United States
Phone: 209-985-9273
Invoice
Invoice Number 00025
Matter General
Date of Issue 04/03/2025
Due Date 05/03/2025
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$12,399.25 due 05/03/2025
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
02/27/2025 Tom Terpstra Draft strategy document for
Well 14, continue researching
legal authority to defend City
easement.
$295.00 4.3 $1,268.50
02/28/2025 Tom Terpstra Review RSA/POA
consolidation framework
from K. Werner, City rules and
PERB rules re same. Call to K.

Werner re same.
$295.00 3.5 $1,032.50
03/03/2025 Tom Terpstra Conference with K. Werner re
Jack Tone course name,
review lease and
correspondence re same.
$295.00 0.7 $206.50
03/03/2025 Tom Terpstra Weekly meeting with K.

Werner re City projects.
$295.00 1.1 $324.50
03/03/2025 Tom Terpstra Search old THT files for Well
14 agreement or
correspondence.
$295.00 0.6 $177.00
03/04/2025 Tom Terpstra Work on letter to Dyer re Well

14. $295.00 1 $295.00
03/06/2025 Tom Terpstra Conference with K.

Zuidervaart and M. Winters re
mobile food vendors at Jack
Tone Golf. Review documents
re same.
$295.00 0.6 $177.00
03/06/2025 Tom Terpstra Draft response to CM Zuber
re questions about invoice,
review matters to address
questions. Brief conversation
re same.
$295.00 0.6 $177.00
03/07/2025 Tom Terpstra Call to Sierra Golf's attorney
re golf course name. Call with
K. Werner re same.
$295.00 0.6 $177.00
03/07/2025 Tom Terpstra Review correspondence and $295.00 1 $295.00 1 of 3

1.2.K.a
Packet Pg. 47
Attachment: THTJR 25 (4618 : Law Office of Thomas H. Terpstra Jr.) research from Manteca re
mental health services, send
to K. Werner for review.
03/07/2025 Tom Terpstra Work on letter to ADU
applicant.
$295.00 0.9 $265.50
03/10/2025 Tom Terpstra Call with K. Werner and Sierra
Golf re golf course matters.
$295.00 0.7 $206.50
03/10/2025 Tom Terpstra Weekly meeting with K.

Werner re City matters.
$295.00 0.7 $206.50
03/11/2025 Tom Terpstra Prepare for and attend
Council meeting.

Conversation with CM Barton
after meeting.
$295.00 1.8 $531.00
03/11/2025 Tom Terpstra Conversation with K.

Zuidervaart re residential
development on commercial
property.
$295.00 0.2 $59.00
03/11/2025 Tom Terpstra Research and speak with K.

Zuidervaart re mobile food
vendors on recreational
facilities.
$295.00 3.5 $1,032.50
03/11/2025 Tom Terpstra Review golf course lease and
email strategy to K. Werner re
management of prior debts
from previous lease.
$295.00 1.4 $413.00
03/12/2025 Tom Terpstra Correspondence with front
desk re attorney call about
drinking water.
$295.00 0.2 $59.00
03/14/2025 Tom Terpstra Work on ADU denial letter.

Research re same. Send draft
to K. Zuidervaart and M.

Winters.
$295.00 4.2 $1,239.00
03/17/2025 Tom Terpstra Review and sketch timeline
for abatement process for
nuisance abatement matters.
$295.00 0.6 $177.00
03/17/2025 Tom Terpstra Update letter re unauthorized
sidewalk repair activities.
$295.00 0.5 $147.50
03/17/2025 Tom Terpstra Weekly meeting with K.

Werner re City matters.
$295.00 0.8 $236.00
03/17/2025 Tom Terpstra Review and research PFAS
litigation, conversation with
J. Beukelman re claim
submittal.
$295.00 1.9 $560.50
03/18/2025 Tom Terpstra Call with Barron & Budd
attorney re water litigation
settlement agreement.
$295.00 0.3 $88.50
03/19/2025 Tom Terpstra Call with THT re PFAS
litigation and history of
drinking water issues,
correspondence with Lodi
and Manteca City attorneys
re same, correspondence
with K. Werner and J. Pease
re same.
$295.00 2.1 $619.50
03/20/2025 Tom Terpstra Conversation with K.

Zuidervaart re ADU
application and ADU
ordinance, begin reviewing
objections from homeowner
$295.001 $295.00
2 of 3

1.2.K.a
Packet Pg. 48
Attachment: THTJR 25 (4618 : Law Office of Thomas H. Terpstra Jr.) re application rejection.
03/21/2025 Tom Terpstra Continue working on strategy
re Well 14. Begin drafting
letter to Dyer re Well 14
easement.
$295.00 1.4 $413.00
03/24/2025 Tom Terpstra Weekly meeting with K.

Werner re City matters.
$295.00 1.2 $354.00
03/24/2025 Tom Terpstra Discussion with M. Winters re
ADU application.
$295.00 0.2 $59.00
03/25/2025 Tom Terpstra Correspondence from City
clerk re: bingo ordinance.

Begin reviewing same.
$295.00 0.3 $88.50
Time Entries Total: 37.9 $11,180.50
Expense Entries
Date Description Rate Qty Line Total
03/25/2025 The Law Office of Thomas H. Terpstra
(Paid in full by The Law Office of Thomas H.

Terpstra Jr.)
$325.00 3.75 $1,218.75
Expenses Total: 3.75 $1,218.75
Total $12,399.25
Amount Due $12,399.25
Outstanding Invoices
Number Due Date Amount Payments Balance
00025 (current) 05/03/2025 $12,399.25 $0.00 $12,399.25
Outstanding Balance $12,399.25
3 of 3

1.2.K.a
Packet Pg. 49
Attachment: THTJR 25 (4618 : Law Office of Thomas H. Terpstra Jr.) Law Office of Thomas H. Terpstra, Jr.

P.O. Box 443
Ripon, CA 95366
United States
Invoice
Invoice Number 00026
Matter Police Department
Date of Issue 03/26/2025
Due Date 04/25/2025
Billed To
City of Ripon
259 North Wilma Avenue
Ripon, California 95366
United States
$5,752.50 due 04/25/2025
Time Entries
Date Attorney Description Hourly Rate Qty Line Total
02/27/2025 Tom Terpstra Review correspondence from
K. Werner re RSA/POA
consolidation.
$295.00 0.6 $177.00
02/28/2025 Tom Terpstra Review public records
request and responsive
documents. Call to C. Caro re
same. Draft response and
send to C. Caro.
$295.00 1.1 $324.50
03/03/2025 Tom Terpstra Begin drafting new
Administrative Citation letter
for Code Enforcement.
$295.00 3.2 $944.00
03/04/2025 Tom Terpstra Finish drafting Notice of
Administrative Citation,
research re same. Send to L.

Ries for review.
$295.00 2.7 $796.50
03/05/2025 Tom Terpstra Correspondence re Code
Enforcement meeting and
notices, review weed
abatement notice.
$295.00 0.9 $265.50
03/06/2025 Tom Terpstra Meeting with Code
Enforcement and Planning re
weed abatement noticing and
citations. Preparation for
same. Revise Administrative
Citation template and send to
L. Ries.
$295.00 2.5 $737.50
03/06/2025 Tom Terpstra Draft new Administrative
Citation and Notice of
Violation templates for weed
abatement and general code
violations. Send to L. Ries for
review.
$295.00 3.1 $914.50
03/07/2025 Tom Terpstra Call with K. Werner re code
enforcement and weed
abatement matters. Discuss
$295.00 0.5 $147.50

1.2.K.b
Packet Pg. 50
Attachment: THTJR 26 (4618 : Law Office of Thomas H. Terpstra Jr.) timelines for compliance.
03/17/2025 Tom Terpstra Conference with Chief Sauer
and Lt. Heuvel re court
notification about parole
violations, conference with C.

Caro re firework citation.
$295.00 0.8 $236.00
03/19/2025 Tom Terpstra Prepare for and attend
arraignment for T. Coss at
Manteca court. Travel to/
from.
$295.00 2.6 $767.00
03/19/2025 Tom Terpstra Correspondence with PD re
applying for abatement
warrants and registering for
Cloud Gavel system.
$295.00 0.3 $88.50
03/20/2025 Tom Terpstra Emails and conversations
with J. Heuvel and C. Caro re
abatement warrants and
court portal access.
$295.00 0.3 $88.50
03/24/2025 Tom Terpstra Email and conference with D.

Sauer re weed abatement
flow chart; conference with
THT re same.
$295.00 0.9 $265.50
Non billable items
03/18/2025 Tom Terpstra NO CHARGE - Attend pursuit
training with D. Sauer and J.

Heuvel. Lunch meeting with
Sauer and Heuvel.
$295.00 3.5 $1,032.50
Time Entries Total: 19.5 $6,785.00
Total $5,752.50
Amount Due $5,752.50
Outstanding Invoices
Number Due Date Amount Payments Balance
00026 (current) 04/25/2025 $5,752.50 $0.00 $5,752.50
Outstanding Balance $5,752.50

1.2.K.b
Packet Pg. 51
Attachment: THTJR 26 (4618 : Law Office of Thomas H. Terpstra Jr.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 04/08/2025
Subject: General Fund Transfer to Street & Roads Reserve for 2022-23 and 23-24 RECOMMENDED ACTION:

This resolution approves the financial transfer to the Street and Road Reserve Fund for Fiscal Years 2022-23 and 2023-24.

BACKGROUND:

In 2015, the City Council approved a policy (Resolution 15-23) that requires 33 percent of any General Fund surplus be transferred to the Street & Road Reserve Fund with the purpose of providing a new funding source dedicated to reconstructing the streets and roads in Ripon that have exceeded their useful life.

DISCUSSION:

The financial audit has been completed by Price Paige and Company for Fiscal Years 2022-23 and 2023-24. Below is a summary of the audited General Fund financials for each year:

FY 2022-23 FY 2023-24
Revenue $16,909,055 $17,170,679
Expense -$14,955,134 -$15,187,165
Transfers -$879,480 -$753,621
Net Surplus $1,074,441 $1,229,893
Street & Road Transfer (33%) $354,566 $405,865
Based upon our Street and Road Reserve Policy approved by Resolution 15-23, staff is recommending that $760,431 be transferred from the General Fund to the Street & Road Reserve Fund.

After these transfers are made, the balance in the Street & Road Reserve Fund will be $3,728,743.

1.3.A
Packet Pg. 52
RESOLUTION NO. 25-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING FISCAL YEARS 2022-23 AND 2023-24

FINANCIAL TRANSFERS
WHEREAS, City of Ripon has completed the Fiscal Years 2022-23 and 2023-24 financial audits and determined a general fund surplus was available for certain uses; and WHEREAS, previous hereto, the City of Ripon has approved Resolution 15-23 adopting a Street and Road reserve policy that requires a minimum of 33 percent of general fund surplus to be set aside for the funding of reconstructing streets and roads in Ripon that have exceeded their useful life.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City of Ripon does hereby approve the transfer of funds from the General Fund to the following funds:

Street and Road Reserve Fund: $354,566 (FY 2022-23)
Street and Road Reserve Fund: $405,865 (FY 2023-24)
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of April, 2025, by the following vote:

RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.A
Packet Pg. 53
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/08/2025
Subject: Elected Official Use of City Hall for Resident Meetings RECOMMENDED ACTION:

City Council to approve the resolution establishing the policy allowing county, state, or federal elected officials to use Ripon’s City Hall for constituent meetings.

BACKGROUND:

Staff has drafted a policy (see Exhibit A) that would allow a county, state, or federal elected official whose area of representation includes the Ripon city limits to meet with constituents at Ripon’s City Hall.

The purpose of this policy is to establish the rules and procedures for the use of available offices and/or conference rooms at City Hall for constituent meetings that provides Ripon residents increased access and communication with their elected officials.

DISCUSSION/ANALYSIS:

The county, state, or federal elected official (or designated staff member) requesting the use of Ripon’s City Hall shall comply with the following rules and procedures:
 A current elected official whose area of representation includes the Ripon city limits may request to schedule an available room at the Ripon City Hall to meet with constituents that reside within the Ripon city limits.  Any request to schedule a room shall be made at least two weeks in advance in writing to the Deputy City Clerk.
 The use of City Hall is only allowed during normal City Hall business hours.  Anyone attending constituent meetings must comply with all policies and security measures in place for Ripon’s City Hall.
 The use of the space is only for meetings; it is not intended as a work space, other than between constituent meetings.

1.3.B
Packet Pg. 54
 No City of Ripon staff or resources shall be utilized to conduct these meetings beyond the scheduling of the space.
 The use of a meeting space at Ripon City Hall shall be limited to a maximum of 8 hours a month.
 No meetings shall be related to campaign activities.

FISCAL IMPACT:

There is no fiscal impact.

Attachments:

1. Elected Official Use of City Hall

1.3.B
Packet Pg. 55
RESOLUTION NO. 25-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ESTABLISHING A POLICY ALLOWING COUNTY,

STATE, OR FEDERAL ELECTED OFFICIALS TO USE

RIPON'S CITY HALL FOR CONSTITUENT MEETINGS
WHEREAS, the City Council desires to establish a policy that would allow county, state, or federal elected officials to use Ripon’s City Hall for constituent meetings.

NOW, THEREFORE, the City Council of the City of Ripon does hereby resolve as follows:

1. That the Elected Official Use of City Hall, attached hereto as Exhibit A, is hereby approved and adopted.

2. That City staff is hereby directed to take all steps necessary for the implementation of the Elected Official Use of City Hall policy.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of April, 2025, by the following vote:

RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.B
Packet Pg. 56

EXHIBIT A

CITY OF RIPON

ELECTED OFFICIAL USE OF CITY HALL POLICY

INTRODUCTION/STATEMENT OF PURPOSE
The purpose of this policy is to allow a county, state, or federal elected official whose area of representation includes the Ripon city limits to hold constituent meetings at Ripon’s City Hall.

This policy is intended to set forth the rules and procedures related to these constituent meetings that provide City of Ripon residents increased access and communication with their elected officials.

ELECTED OFFICIALS USE OF RIPON’S CITY HALL FOR CONSTITUENT MEETINGS The county, state, or federal elected official (or designated staff member) requesting the use of Ripon’s City Hall shall comply with the following rules and procedures:
 A current elected official whose area of representation includes the Ripon city limits may request to schedule an available room at the Ripon City Hall to meet with constituents that reside within the Ripon city limits.
 Any request to schedule a room shall be made at least two weeks in advance in writing to the Deputy City Clerk.
 The use of City Hall is only allowed during normal City Hall business hours.  Anyone attending constituent meetings must comply with all policies and security measures in place for Ripon’s City Hall.
 The use of the space is only for meetings; it is not intended as a work space, other than between constituent meetings.
 No City of Ripon staff or resources shall be utilized to conduct these meetings beyond the scheduling of the space.
 The use of a meeting space at Ripon City Hall shall be limited to a maximum of 8 hours a month.
 No meetings shall be related to campaign activities.

EXEMPTIONS
Community meetings may be held in the City Council Chambers pursuant to the City Council Chambers rental policy.

1.3.B.a
Packet Pg. 57
Attachment: Elected Official Use of City Hall (25-11 : Elected Official Use of City Hall for Resident Meetings) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 04/08/2025
Subject: SJCOG Annual Financial Plan
This resolution accepts the San Joaquin Council of Governments’ annual financial plan that describes the proposed transportation planning activities for Fiscal Year 2025-2026.

Attachments:

1. 2025_AFP_Letter_Ripon

1.3.C
Packet Pg. 58
RESOLUTION NO. 25-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING THE SAN JOAQUIN COUNCIL OF
GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL
YEAR 2025-2026 ADOPTED BY THE SJCOG BOARD ON
MARCH 27, 2025
WHEREAS, the San Joaquin Council of Governments’ Annual Financial Plan for fiscal year 2025-2026 was adopted by the SJCOG Board on March 27, 2025; and WHEREAS, pursuant to the SJCOG’s Joint Powers Agreement, following adoption of the budget by the SJCOG Board, it is to be delivered to member agencies for ratification by each governing body; and
WHEREAS, the San Joaquin Council of Governments’ Annual Financial Plan has been filed with the City of Ripon.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon accepts the San Joaquin Council of Governments’ Annual Financial Plan for fiscal year 2025- 2026.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of April, 2025, by the following vote:

RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.C
Packet Pg. 59

SAN JOAQUIN COUNCIL OF GOVERNMENTS
555 E. Weber Avenue  Stockton, California 95202  P 209.235.0600  F 209.235.0438  www.sjcog.org

Paul Akinjo
CHAIR
Christina Fugazi

VICE CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,

MOUNTAIN HOUSE,
RIPON,

STOCKTON,
TRACY,
and

THE COUNTY OF SAN

JOAQUIN
March 31, 2025
Kevin Werner
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
Dear Mr. Werner:

On March 27, 2025 the SJCOG Board adopted the Annual Financial Plan for FY 2025-26.

Attached is the board staff report as well as a copy of the adopting resolution. Pursuant to SJCOG's Joint Powers Agreement, following adoption of the budget by the SJCOG Board, it is to be delivered to member agencies for ratification by each governing body. Approval by a majority of the governing bodies representing 55% or more of the county's population is considered ratification.

Therefore, SJCOG requests you place SJCOG's Annual Financial Plan for FY 2025-26 on a forthcoming consent agenda prior to June 30, 2025, for ratification.

The Annual Financial Plan implements the FY 2025-26 Overall Work Program (OWP) that was also adopted by the SJCOG Board on March 27, 2025.

The attached excerpt of the Annual Financial Plan (AFP) provides a summary of revenues and expenditures by cost category and line item comparing the approved FY 2025-26 budgets with the current year (FY 2024-25) adopted budget, as most recently amended, along with FY 2023-24 actual expenditures. Revenues and expenditures total $55,267,077.00. The approved AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program (OWP), however, presented in a traditional line-item format compared to the work element format of the OWP.

Readers should note several differences between SJCOG and its member agencies’ budgets:
 SJCOG revenue sources are quite different from our member agencies.  SJCOG employs staff on an at-will basis, vis-à-vis civil service and has its own employee handbook and policies.
 SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
 SJCOG employees are exempted from Social Security except for Medicare.  As noted below, SJCOG offers a defined contribution retirement plan to its employees.

SJCOG has no CalPERS or post employments benefit obligations except limited sick leave conversion as noted.

The following assumptions are incorporated in the budget:

1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.

2. The AFP anticipates SJCOG to be fully staffed. The budget includes a 7.5 % pool that can be drawn upon for merit-based increases and potential promotions. The full impact of that pool is incorporated into the salary-driven benefits (retirement, Medicare, disability).

3. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by the International City Managers Association Retirement Program (Mission Square Retirement).
b. SJCOG employee vacation accruals are capped at two times the individual’s annual leave.
c. Upon separation with 50 years of age or 20 years of SJCOG employment, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health-related expenses. The conversion is based upon the employee’s salary at retirement.
initiative. We look forward to witnessing the positive outcomes and benefits that the RTD and UCP Vehicle Replacement Project will bring to our communityIf Docusign Envelope ID: 90608D83-A233-4A5C-BF2B-F57B370F46B2

1.3.C.a
Packet Pg. 60
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) SJCOG staff would be pleased to appear before your policymakers to answer any questions they might have regarding this matter. We request ratification prior to June 30, 2025.

Please let me know when this will be on your agenda. If you have any questions regarding this matter, don't hesitate to contact me at (209) 235-0454.

Thank you for your assistance.

Sincerely,

GRACE OROSCO
Interim Deputy Director of Finance & Administration
Attachments:

FY 2025-26 Annual Financial Plan Board Summary
FY 2025-26 Annual Financial Plan Staff Report
R-2025-24
Docusign Envelope ID: 90608D83-A233-4A5C-BF2B-F57B370F46B2

1.3.C.a
Packet Pg. 61
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) Councilmember Jeremy Engle City of Escalon
Councilmember Lisa Craig City of Lodi
Mayor Gary Singh City of Manteca
Mayor Andy Su City of Mountain House
Councilmember Leo Zuber City of Ripon
Councilmember Mario Enriquez City of Stockton
Councilmember Mariela Ponce City of Stockton
Mayor Dan Arriola City of Tracy
Supervisor Sonny Dhaliwal County of San Joaquin
Supervisor Steven Ding County of San Joaquin
Supervisor Robert Rickman County of San Joaquin
Grace Magsayo, Director Caltrans District 10
Gary Giovanetti, Vice Chair San Joaquin Regional Transit District William R. Trezza, Vice Chair Port of Stockton
Mayor Paul Akinjo, City of Lathrop
San Joaquin Council of Governments

ANNUAL FINANCIAL PLAN
Fiscal Year 2024/25
CHAIR
Proposed Final March 27, 2025
Grace Orosco
Interim Deputy Director of Finance and Administration

VICE-CHAIR
Mayor Christina Fugazi, City of Stockton

BOARD OF DIRECTORS

EX OFFICIO DIRECTORS
SUBMITTED BY:

Diane Nguyen
Executive Director
P. 56

1.3.C.a
Packet Pg. 62
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) FY 2023-24 FY 2024-25 FY 2025-26 +/- +/-
REVENUES Actual Amendment #4 Proposed Final Change % Change Federal Grants 3,849,138 31,308,903 30,187,954 (1,120,949) -3.58% State Grants 5,307,886 21,242,553 15,686,997 (5,555,556) -26.15% Local 6,741,738 8,163,438 9,292,126 1,128,688 13.83%
Interest 113,574 20,000 40,000 20,000 100.00%Other 56,140 60,000 60,000 - 0.00% SJCOG OPERATING REVENUE 16,068,475 60,794,894 55,267,077 (5,527,817) -9.09%

EXPENDITURES
Salaries & Benefits 5,681,144 6,944,063 7,137,261 193,198 2.78% Services & Supplies 1,418,632 1,572,500 1,666,500 94,000 5.98% Office Expense 303,491 367,000 367,000 - 0.00%
Communications 60,225 60,000 60,000 - 0.00%
Memberships 41,733 45,000 45,000 - 0.00%
Maintenance - Equipment 5,413 10,000 10,000 - 0.00%
Rents & Leases - Equipment 66,642 131,000 131,000 - 0.00% Transportation,Travel & Training (In & Out of State) 205,943 223,000 233,000 10,000 4.48% Publications & Legal Notices 7,102 7,500 7,500 - 0.00%
Insurance 257,549 258,000 278,000 20,000 7.75%
Building Operations & Maintenance 337,156 271,000 335,000 64,000 23.62% SJCOG Building Debt Service Principal and Interest 133,377 200,000 200,000 - 0.00% Professional Services 8,465,101 50,997,831 45,412,816 (5,585,015) -10.95% Professional Services(Staff Augmentation) 86,870 900,000 600,000 (300,000) -33.33% Capital Outlay 465,846 380,500 450,500 70,000 18.40%
Unallocated/Reserve
SJCOG OPERATING EXPENDITURES 60,794,894 16,117,592.19 55,267,077 (5,527,817) -9.09% San Joaquin Council of Governments

ANNUAL FINANCIAL PLAN
Fiscal Year 2025/2026
Proposed Final March 27, 2025
P. 57

1.3.C.a
Packet Pg. 63
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) March 2025
SJCOG Board

STAFF REPORT
SUBJECT: FY 2025-2026 Proposed Annual
Financial Plan (AFP)
RECOMMENDED ACTION: Adopt Resolution 2025-24 Approving
the FY 2025-2026 Annual Financial Plan
The attached proposed Annual Financial Plan (AFP) provides a detail of revenues and expenditures by cost category and line item. The proposal compares the FY 2025-2026 budget with the most recently adopted FY 2024-2025 AFP. In addition, it compares the proposal to the FY 2023-2024 actual expenditures. The total revenues and expenditures amount to $55,267,077. The proposed AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program (OWP), however, presented in a traditional line-item format compared to the work element format of the OWP.

Below is a summary of revenues and expenditures in the AFP. For details on each of those categories please refer to the attachment.

Readers should note several differences between SJCOG and its member agencies’ budgets:
• SJCOG revenue sources are quite different from our member agencies. • SJCOG employs staff on an at-will basis, vis-à-vis civil service and has its own employee handbook and policies.
• SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
• SJCOG employees are exempted from Social Security except for Medicare. • As noted below, SJCOG offers a defined contribution retirement plan to its employees. SJCOG has no CalPERS or other post employments benefit obligations except limited sick leave conversion as noted.

Upon adoption by the board, pursuant to the SJCOG Joint Powers Agreement, the AFP will be sent to the member agencies for ratification. Ratification is achieved when a majority of the member agencies representing 55% of the county population approve the AFP.

The following assumptions are incorporated in the budget:

1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.

2. The budget includes a longevity incentive program to attract and maintain an experienced and knowledgeable workforce. In addition, long-term staff can reach P. 52

1.3.C.a
Packet Pg. 64
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) their maximum salary and only receive cost of living adjustments annually. The incentive is structured to recognize and reward the length of staff’s tenure. The longevity pay targets will be 10, 15 and 20 years (of continuous service), with an increase in base salary of 1%, 2% and 3% respectively. Currently, this benefit will apply to ten (10) noncontract employees and the estimated financial impact for FY 2025-2026 is $34,815.00. This longevity pay does not apply to the contract position of the Executive Director.

3. The budget includes a pool equaling 7.5% of current salaries that can be drawn upon for merit-based increases and potential promotions. The full impact of that pool is incorporated into the salary-driven benefits (retirement, Medicare, disability).

4. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by Mission Square Retirement, formerly the International City Managers Association Retirement Program.
b. SJCOG employee vacation accruals are capped at two times the individual’s annual leave.
c. Upon separation, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for healthrelated expenses, with the qualification of being 50 years of age or 20 years of SJCOG employment. The conversion is based upon the employee’s salary at retirement and alleviates SJCOG of any further liability.

REVENUES
Compared to the current year amended AFP, SJCOG general fund operating revenues are proposed to decrease from $60,794,894 to $55,267,077, a decrease of $5,527,817 Federal funding for general fund
activities is $30,187,954 which is 3.58%
lower than FY 2024-2025 primarily due
to the consumption of FTA 5304 pass
through funds and drawdown of
Congestion Management Air Quality
grant
State funding sources are budgeted at $15,686,997 or 26.15% lower primarily due to:
• $1,890,378 drawdown on REAP 2.0
• Consumption of $2,424,106 from the state grant for Sustainable Transportation Equity Project (STEP).
• $515,207 drawdown on Regional Climate Collaborative grant. • $1,119,158 drawdown on prior year’s Freeway Service Patrol funding.

P. 53

1.3.C.a
Packet Pg. 65
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) • $1,067,489 is available for FY 2025-2026 future years of Freeway Service Patrol funding.
• $468,637 drawdown has occurred on three years of Senate Bill 1 (SB1) Sustainable Transportation Planning Grants offset by a FY 2025-2026 allocation of $353,501.

Local revenues are primarily higher by $1,128,688 or 13.83% due to the annual allocation of Measure K for dibs program.

EXPENDITURES
Salaries and Benefits are anticipated to increase by $193,198 or 2.78%.

The budget will increase from $6,944,063 to $7,137,261 compared to the FY 2024-2025 amended budget. It includes $34,815 for longevity pay and $319,630 or 7.5% of total salaries pool for merit-based raises. The salary-driven benefits adjust accordingly.

Services and Supplies are proposed to increase by $84,000.

Liability insurance is increasing by $20,000 due to increased premiums. Building maintenance is increasing by $64,000 due to increased utilities, inclusion of the 3rd floor, security upgrades, and vandalism repairs.

Transportation, Travel, and Training increase by $10,000.

With several new board members and new employees, more training expenses are expected. This budget has increased by $10,000 up from $223,000 to $233,000. This will help to support such activities to represent SJCOG at regional, state, and national conferences and events where SJCOG is a member such as California Councils of Governments, San Joaquin Valley Policy Council, and the Self Help Coalition..

Professional Services and Staff Augmentation will decrease by $5,885,015 from FY 2024-2025 $51,897,831 to $46,012,816.

There are consumptions of various grants and new funding sources, which directly correlate to professional services. For example, the prior years’ SB-1 Sustainable Communities grants used $475,106 and we are budgeting the new SB-1 allocation of $350,000. The I-205 Managed Lanes Widening project consumed $366,057, and we drew down on $106,355 of SB 125.The Sustainable Transportation Equity Project (STEP) consumed $2,424,106. The San Joaquin Regional Climate Collaborative used $515,207 while the Regional Early Action Plan (REAP 1.0) and (REAP 2.0) expended $1,990,986.

Position Classification and Salary Schedule
Per board policy, the salary ranges at both the minimum and maximum levels and are adjusted by the CPI change of 2.9606%.

FISCAL IMPACT
All revenues from the AFP are secured and available. The Annual Financial Plan is required to be adopted by the Board of Directors prior to April 1 each year and P. 54

1.3.C.a
Packet Pg. 66
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) disseminated to the member agencies for ratification. The Annual Financial Plan is the traditional line-item budget identifying estimated revenues and expenditures for the fiscal year. The Annual Financial Plan is complementary to the Overall Work Program.

RECOMMENDATION
That the Board adopt Resolution 2025-24 approving the FY 2025-2026 Annual Financial Plan.

Prepared by: Grace Orosco, Interim Deputy Director of Finance & Administration, and Lynnetta Castle, Interim Manager of Finance P. 55

1.3.C.a
Packet Pg. 67
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) Mayor Akinjo, Lathrop
Mayor Arriola, Lathrop; Councilmember Craig, Lodi; Supervisor Dhaliwal, SJ County Supervisor Ding, SJ County; Councilmember Engle, Escalon; Mayor Fugazi, Stockton; Councilmember Enriquez, Stockton; Councilmember Ponce, Stockton; Supervisor Rickman, SJ County; Mayor Singh, Manteca; Mayor Su, Mountain House; Councilmember Zuber, Ripon

1.3.C.a
Packet Pg. 68
Attachment: 2025_AFP_Letter_Ripon (25-12 : SJCOG Annual Financial Plan) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 04/08/2025
Subject: Service Agreement - TELEPATH
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the General Services Agreement with Telepath Corporation in the annual not to exceed amount of $56,197.80 for radio maintenance services for the Police Department (funding source: General Fund).

BACKGROUND:

The City of Ripon entered into a service agreement with La Rue Communications on November 9, 2021. La Rue Communications was responsible for maintenance and repairs on all police department radios and equipment, which includes portable radios, mobile in car radios, base stations, repeaters, receivers, and dispatch consoles. The City of Ripon was in contract with La Rue Communications in the annual amount of $54,516.

Knox La Rue, the long-standing owner of La Rue Communications, has officially retired as of February 1, 2025. Mr. La Rue has personally recommended Telepath Corporation as the successor to manage and oversee the radio maintenance responsibilities. After careful review and discussion, our staff has met with Telepath Corporation and recommends that the City Council consider approving the attached agreement.

The City of Lathrop and City of Escalon Police Departments, which currently receive dispatch services from the Ripon Police Department, will also be transitioning to Telepath Corporation for their radio maintenance services.

FISCAL IMPACT:

The maintenance of the communications equipment was considered as part of the Dispatch Agreements with the Cities of Lathrop and Escalon. The City of Ripon’s General Fund will be reimbursed for 54%, or $30,346.81 of the contract amount, through these agreements.

1.4.A
Packet Pg. 69
Attachments:

1. Telepath Services Agreement

2. Telepath Sales Quote

1.4.A
Packet Pg. 70
General Services Agreement - Page 1 of 6
Telepath Corporation

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

TELEPATH
This Agreement for General Services (“Agreement”) is entered into on, April 8, 2025 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Telepath (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as “Exhibit A”. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, whichever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED $56,197.80 (Fifty-Six Thousand One Hundred Ninety-Seven Dollars and Eighty Cents) for all work described within the Cost Proposal set forth in “Exhibit A” and made a part of this Agreement.

2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

1.4.A.a
Packet Pg. 71
Attachment: Telepath Services Agreement (4565 : Service Agreement - TELEPATH) General Services Agreement - Page 2 of 6
Telepath Corporation

3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

3.4 All Policies Requirements.

3.4.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.

3.4.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.

Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)

4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify,

1.4.A.a
Packet Pg. 72
Attachment: Telepath Services Agreement (4565 : Service Agreement - TELEPATH) General Services Agreement - Page 3 of 6
Telepath Corporation
defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

Section 5. STATUS OF CONSULTANT.

5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subConsultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

1.4.A.a
Packet Pg. 73
Attachment: Telepath Services Agreement (4565 : Service Agreement - TELEPATH) General Services Agreement - Page 4 of 6
Telepath Corporation

7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;

7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in “Exhibit A,” if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.

8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

1.4.A.a
Packet Pg. 74
Attachment: Telepath Services Agreement (4565 : Service Agreement - TELEPATH) General Services Agreement - Page 5 of 6
Telepath Corporation
Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Kevin Werner, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Consultant shall be sent to:

Nathan Tran
Government Sales Account Manager
Telepath Corporation
1137 Cadillac Ct.

Milpitas, CA 95035
Any written notice to the City shall be sent to:

Danny Sauer
Police Chief
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

All exhibits attached hereto are incorporated by reference herein.

9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

1.4.A.a
Packet Pg. 75
Attachment: Telepath Services Agreement (4565 : Service Agreement - TELEPATH) General Services Agreement - Page 6 of 6
Telepath Corporation
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action.

This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF RIPON CONSULTANT
Daniel de Graaf, Mayor Nathan Tran, Government Sales
Account Manager
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra Jr, City Attorney

1.4.A.a
Packet Pg. 76
Attachment: Telepath Services Agreement (4565 : Service Agreement - TELEPATH)

SALES QUOTE
Ripon Police Department
Daniel Sauer
259 N Wilma Ave,
RIPON CA 95366

UNITED STATES
Tel: (209) 599-0259
Ripon Police Department
Daniel Sauer
259 N Wilma Ave,
RIPON CA 95366

UNITED STATES
Tel: (209) 599-0259
SQ-181249
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Nathan Tran
Quotation PO # Reference Ship VIA Page Printed
SQ-181249 Ripon SMA 2025 1
1005391 C.O.D
*181249*
1/28/2025
1/28/2025 1/28/2025
3/26/2025
5:33:29PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
1 Service Maintenance Agreement
****************************************
Contract Term: 04/08/25 - 04/08/26
All prices shown are annual cost
Items Covered:

Infrastructure Equipment
Subscriber Equipment
2 3 **************Infastructure*************
Includes
**Service & Repair
**Repeater Equipment loaner
**24/7 Technical Service
**Firmware updates
*********** Does Not Include ***********
**Accidental, Physical & Water
Damage, or Act of God
**Replacement Equipment
**Voiding of contract:

This SMA contract will be voided upon
customer intervention with equipment
function, operation, or configuration.

Any tampering with or alteration of the
listed equipment from the state last
left by Telepath will void this
$0.00

Sub Total
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
Exhibit A

1.4.A.b
Packet Pg. 77
Attachment: Telepath Sales Quote (4565 : Service Agreement - TELEPATH)

SALES QUOTE
Ripon Police Department
Daniel Sauer
259 N Wilma Ave,
RIPON CA 95366

UNITED STATES
Tel: (209) 599-0259
Ripon Police Department
Daniel Sauer
259 N Wilma Ave,
RIPON CA 95366

UNITED STATES
Tel: (209) 599-0259
SQ-181249
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Nathan Tran
Quotation PO # Reference Ship VIA Page Printed
SQ-181249 Ripon SMA 2025 2
1005391 C.O.D
*181249*
1/28/2025
1/28/2025 1/28/2025
3/26/2025
5:33:29PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
agreement, and any work required by
Telepath to fix the resulting issues
will be billable at the customer's
expense on a time and material basis at
the current labor field rate.
****************************************
4 5 REPEATER EQUIPMENT
Maintenance Contract: MOTOROLA QUANTAR $600.00

REPEATER
6 MaintenanceAgrm 3 EA $1,800.00
7 MaintenanceAgrm Maintenance Contract: ASTROTAC RECEIVER 2 $1,200.00 EA $2,400.00 Maintenance Contract: ASTROTAC $1,200.00

COMPARATOR
8 MaintenanceAgrm 1 EA $1,200.00
9 10 DISPATCH EQUIPMENT
11 MaintenanceAgrm Maintenance Contract: MOTOROLA DIU 3000 3 $1,500.00 EA $4,500.00 Maintenance Contract: MOTOROLA APX $720.00

CONSOLETTE
12 MaintenanceAgrm 4 EA $2,880.00
Maintenance Contract: MOTOROLA CDM750 $960.00

BASE STATION
13 MaintenanceAgrm 2 EA $1,920.00
14 MaintenanceAgrm Maintenance Contract: CSL 3 $600.00 EA $1,800.00 Maintenance Contract: ZETRON CONSOLE $6,000.00

POSTITION
15 MaintenanceAgrm 4 EA $24,000.00
16 17 ***************Subscribers**************
Includes
**Essential Subscriber Break Fix Repair
************ Does Not Include **********
$40,500.00
$40,500.00

Sub Total
Running
Sub Total
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
Exhibit A

1.4.A.b
Packet Pg. 78
Attachment: Telepath Sales Quote (4565 : Service Agreement - TELEPATH)

SALES QUOTE
Ripon Police Department
Daniel Sauer
259 N Wilma Ave,
RIPON CA 95366

UNITED STATES
Tel: (209) 599-0259
Ripon Police Department
Daniel Sauer
259 N Wilma Ave,
RIPON CA 95366

UNITED STATES
Tel: (209) 599-0259
SQ-181249
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Nathan Tran
Quotation PO # Reference Ship VIA Page Printed
SQ-181249 Ripon SMA 2025 3
1005391 C.O.D
*181249*
1/28/2025
1/28/2025 1/28/2025
3/26/2025
5:33:29PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
**Portable damage due to:
- Accidental
- Physical
- Water
**Replacement
**Accessories: Battery, Belt Clip,
Charger, Speaker Mic and Antenna
****************************************
18 19 PORTABLES
20 MaintenanceAgrm Maintenance Contract: APX X000 PORTABLE 23 $307.80 EA $7,079.40 21 22 MOBILES
23 MaintenanceAgrm Maintenance Contract: APX X500 MOBILES 26 $307.80 EA $8,002.80 24 MaintenanceAgrm Maintenance Contract: ICOM MOBILES 2 $307.80 EA $615.60 QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
Tax Details
CA039.7 $0.000
EXEMPT $0.000
$0.00
$0.00
$56,197.80
$56,197.80
$56,197.80
Taxable
Total Tax
Exempt
Total
Balance
Exhibit A

1.4.A.b
Packet Pg. 79
Attachment: Telepath Sales Quote (4565 : Service Agreement - TELEPATH) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 04/08/2025
Subject: Audit Engagement Letters
RECOMMENDED ACTION:

Approve and authorize the Mayor and City Administrator to sign the engagement letters with Price Paige & Company to perform the annual audit of the City of Ripon Financial Statements and the Money Purchase Thrift Pension Plan for the fiscal year ending June 30, 2025 in the amount of $57,260.00 (funding sources: General Fund; Water, Garbage, and Sewer Enterprise Operating Funds; Streets & Roads Fund; Transit Operating Fund).

BACKGROUND:

Price Paige & Company of Clovis, CA, has been performing the annual audits of the City of Ripon Financial Statements and the Money Purchase Thrift Pension Plan since fiscal year ended June 30, 2015. Staff has requested an engagement letter to continue to provide auditing services for the fiscal year ending June 30, 2025.

DISCUSSION:

The attached engagement letters are for the audit of the City Financial Statement, the filing of required State Controller Reports, and audit of the Money Purchase Thrift Pension Plan.

Proposed costs for fiscal year ending June 30, 2025 compared to fiscal year ending June 30, 2024 are in Table 1 below.

Table 1:

FYE 6/30/2025 FYE 6/30/2024 Percent Increase
Annual Financial Statement Audit $39,150 $37,800
State Controller’s Reports $8,220 $8,220
Money Purchase Thrift Pension Plan Audit $9,890 $9,503
Total $57,260 $55,523 3.0%

The audit expenses increased 3 percent as compared to fiscal year ending 6/30/24.

1.4.B
Packet Pg. 80
FISCAL IMPACT:

The audit will be paid for from the following funding sources:

General Fund $37,260
Water Enterprise Operating Fund $4,900
Garbage Enterprise Operating Fund $3,100
Sewer Enterprise Operating Fund $3,300
Street & Roads Fund $7,100
Transit Fund $1,600
Grand Total $57,260
Attachments:

1. RIIPON Audit Engagement Letter 2025

2. RIPON SCO Engagement Letter 2025

3. RIPON PENSION Audit Engagement Letter 2025

1.4.B
Packet Pg. 81
1 March 26, 2025
Daniel de Graaf, Mayor
Lisa Roos, City Clerk/Finance Director
City of Ripon
259 N. Wilma Avenue
Ripon, California 95366
We are pleased to confirm our understanding of the services we are to provide for the City of Ripon, California (the City) for the year ended June 30, 2025.

Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, including the disclosures, which collectively comprise the governmental modified cash basis basic financial statements, of the City as of and for the year ending June 30, 2025. Governmental modified cash basis financial statements provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by governmental modified cash basis and will be subjected to certain limited procedures, but will not be audited:
1) Management’s Discussion and Analysis.

We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor’s report on the financial statements. 1) Schedule of Expenditures of Federal Awards
2) Non-Major Special Revenue Funds Combining Balance Sheet – Modified Cash Basis 3) Non-Major Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances – Modified Cash Basis
4) Additional Information on the Successor Agency Trust Fund

1.4.B.a
Packet Pg. 82
Attachment: RIIPON Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor’s report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with governmental modified cash basis, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements.

The objectives also include reporting on:
 Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
 Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Auditor’s Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain profess`ional skepticism throughout the audit.

We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.

1.4.B.a
Packet Pg. 83
Attachment: RIIPON Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
We have identified the following significant risks of material misstatement as part of our audit planning:
 Management override of controls
 Improper revenue recognition due to fraud
Our audit of the financial statements does not relieve you of your responsibilities.

Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.

Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City’s compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with governmental modified cash basis; and for compliance with applicable laws and regulations (including federal statutes),

1.4.B.a
Packet Pg. 84
Attachment: RIIPON Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.

You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us; for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers); and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for the 12 months after the financial statements date or shortly thereafter (for example, within an additional three months if currently known). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters.

Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report.

Additionally, as required by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan.

You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.

You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with governmental modified cash basis. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with governmental modified cash basis; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with governmental modified cash basis; (3) the methods of measurement or presentation have not changed from those

1.4.B.a
Packet Pg. 85
Attachment: RIIPON Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.

Other Services
We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with governmental modified cash basis and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with all nonaudit services we provide and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.

Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the entity, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the entity may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.

You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.

With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.

We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate.

At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to electronically submit the reporting package (including

1.4.B.a
Packet Pg. 86
Attachment: RIIPON Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor’s reports, and corrective action plan) along with the Data Collection Form to the Federal Audit Clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor’s reports or nine months after the end of the audit period.

We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of Price Paige & Company and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to your cognizant agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Price Paige & Company personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of seven years after the report release date.

ShareFile and Suralink are used solely as a method of exchanging information and are not intended to store the City’s information. Upon completion of the engagement, data and other content will be removed from ShareFile and Suralink in accordance with Price Paige & Company’s policy.

Fausto Hinojosa, CPA, CFE is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. To ensure that Price Paige & Company’s independence is not impaired under the AICPA Code of Professional Conduct, you agree to inform the engagement partner before entering into any substantive employment discussions with any of our personnel.

Our fees for the City’s fiscal year ending June 30, 2025 are as follows:

Annual Financial Statement Audit $ 39,150
Single Audit Report (if required)* 7,000
Total $ 46,150
*The fee estimate for the single audit is for one major program. If there is more than one major program, there will be an additional fee of $7,000 for each program.

Our fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you before we incur the additional costs. Our fees for these services will be billed at the hourly billing rates for the individual involved, plus out-of-pocket expenses. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred.

If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.

All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such

1.4.B.a
Packet Pg. 87
Attachment: RIIPON Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE

EVENT OF A DISPUTE OVER FEES CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT

TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

Reporting
We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the Honorable Mayor and Members of the City Council of the City of Ripon, California. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.

The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.

We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please return a signed copy to us at your earliest convenience.

Very truly yours,
Fausto Hinojosa, CPA, CFE
Price Paige & Company
- - - - -
RESPONSE:

This letter correctly sets forth the understanding of the City of Ripon, California.

Management Signature Title Date

Governance Signature Title Date

1.4.B.a
Packet Pg. 88
Attachment: RIIPON Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 28, 2025
Lisa Roos, City Clerk/Finance Director
City of Ripon
259 N. Wilma Avenue
Ripon, California 95366
Dear Lisa:

This letter confirms the engagement of Price Paige & Company by the City of Ripon, California (the City) for professional advisory services as described below.

We will prepare the annual reports of financial transactions (City, Transit, Sewer, Streets and Pension) for the City for the year ending June 30, 2025.

All workpapers or other documents used by us during this engagement will be maintained in segregated files, and such originals and all copies will be returned to you upon the completion of our engagement.

You agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards.

We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.

You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.

1.4.B.b
Packet Pg. 89
Attachment: RIPON SCO Engagement Letter 2025 (4608 : Audit Engagement Letters) March 28, 2025

2025
RIPON
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Engagement Administration, Fees and Other
We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate.

It is our policy to keep records related to this engagement for a minimum of seven years after completion of the engagement.

ShareFile and Suralink are used solely as a method of exchanging information and are not intended to store the City’s information. Upon completion of the engagement, data and other content will be removed from ShareFile and Suralink in accordance with Price Paige & Company’s policy.

Our fee for the professional advisory services to assist the City for the year ending June 30, 2025 as described above is $8,220. Our fees are based on expected hours required to perform the service at our standard hourly rates. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your advisory engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors.

We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred.

Our fee estimate is based on anticipated cooperation from your personnel and assumption that unexpected circumstances will not be encountered. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual involved, plus out-of-pocket expenses.

If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation.

The costs of any mediation proceeding shall be shared equally by all parties.

All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE

EVENT OF A DISPUTE OVER FEES CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP

THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

If information becomes known that would make our continued involvement in this engagement inappropriate, or parties involved change, we reserve the right to withdraw from this engagement. In addition, we will refuse to perform any requested act that we deem a violation of law, public policy, or our professional ethical standards, and may, as a result, withdraw from the engagement without penalty.

1.4.B.b
Packet Pg. 90
Attachment: RIPON SCO Engagement Letter 2025 (4608 : Audit Engagement Letters) March 28, 2025

2025
RIPON
In no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement, even if we have been advised of the possibility of such damages.

Non-Solicit Clause
We value every one of our clients as well as every one of our employees. We have spent a great deal of time and resources to locate, train, and retain our employees. We respectfully request that you do not solicit our employees to work for you. If you do hire one of our employees within 2 years of when they last worked for Price Paige & Company, we will be due a finder’s fee equal to 50% of the annual salary they were earning as of their last day of employment. Payment will be due within 10 days of your receipt of our invoice.

If these terms are in accordance with your understanding and meet with your approval, please return a signed copy via email or regular mail at your earliest convenience. This agreement will become effective when you return the signed copy to us.

If the need for additional services arises, our agreement with you will need to be revised. It is customary for us to describe these revisions in an addendum to this letter.

Sincerely,
Joshua Giosa, CPA
Price Paige & Company
- - - - - - -
RESPONSE:

This letter correctly sets forth the understanding of the City of Ripon, California.

Management Signature Title Date

1.4.B.b
Packet Pg. 91
Attachment: RIPON SCO Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025
Daniel de Graaf, Mayor
Lisa Roos, City Clerk/Finance Director
City of Ripon
259 N. Wilma Avenue
Ripon, California 95366
We are pleased to confirm our understanding of the services we are to provide the City of Ripon for the year ending June 30, 2025.

Audit Scope and Objectives
We will audit the financial statements of the financial statements and the disclosures, which collectively comprise the financial statements of the City of Ripon Money Purchase Thrift Pension Plan (the Plan) as of and for the year ending June 30, 2025.

The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor’s report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements.

Auditor’s Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit.

We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements.

1.4.B.c
Packet Pg. 92
Attachment: RIPON PENSION Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential.

Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.

Our audit of the financial statements does not relieve you of your responsibilities.

Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards.

We have identified the following significant risks of material misstatement as part of our audit planning:
 Management override of controls
 Improper revenue recognition due to fraud
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Plan’s compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion.

Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with accounting principles generally accepted in the United States of America with the oversight of those charged with governance.

Management is responsible for making drafts of financial statements, all financial records, and related information available to us; for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers); and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for the 12 months after the financial statements date or shortly thereafter (for example, within an additional three months if currently known). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion

1.4.B.c
Packet Pg. 93
Attachment: RIPON PENSION Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
of our audit, we will require certain written representations from you about the financial statements and related matters.

Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws and regulations.

Other Services
We will also assist in preparing the financial statements of the Plan in conformity with accounting principles generally accepted in the United States of America based on information provided by you.

We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

You agree to assume all management responsibilities for the financial statement preparation services and any other nonattest services we provide; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them.

Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the entity, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the entity may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.

You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.

With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.

We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the necessary

1.4.B.c
Packet Pg. 94
Attachment: RIPON PENSION Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate.

The audit documentation for this engagement is the property of Price Paige & Company and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to your cognizant agency or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Price Paige & Company personnel. Furthermore, upon request, we may provide copies of selected audit documentation to your cognizant agency or its designee. Your cognizant agency or its designee may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of seven years after the report release date.

ShareFile and Suralink are used solely as a method of exchanging information and are not intended to store the Plan’s information. Upon completion of the engagement, data and other content will be removed from ShareFile and Suralink in accordance with Price Paige & Company’s policy.

Fausto Hinojosa, CPA, CFE is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. To ensure that Price Paige & Company’s independence is not impaired under the AICPA Code of Professional Conduct, you agree to inform the engagement partner before entering into any substantive employment discussions with any of our personnel.

Our fee for the City of Ripon Money Purchase Pension Plan’s June 30, 2025 audit is $9,890. Our fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you before we incur the additional costs. Our fees for these services will be billed at the hourly billing rates for the individual involved, plus out-of-pocket expenses. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred.

If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.

All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION,

WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER FEES CHARGED BY THE

ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF

LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.

Reporting
We will issue a written report upon completion of our audit of the Plan’s financial statements. Our report will be addressed to the Honorable Mayor and Members of the City Council of the City of Ripon, California.

Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons

1.4.B.c
Packet Pg. 95
Attachment: RIPON PENSION Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) March 26, 2025

2025
RIPON
with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement.

We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please return a signed copy to us at your earliest convenience.

Very truly yours,
Fausto Hinojosa, CPA, CFE
Price Paige & Company
- - - - -
RESPONSE:

This letter correctly sets forth the understanding of the City of Ripon Money Purchase Thrift Pension Plan.

Management Signature Title Date

Governance Signature Title Date

1.4.B.c
Packet Pg. 96
Attachment: RIPON PENSION Audit Engagement Letter 2025 (4608 : Audit Engagement Letters) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 04/08/2025
Subject: Corona Environmental Consulting, LLC
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Corona Environmental Consulting to assist with Consumer Confidence Report preparation and general water compliance consultation services over the next 3 years, in the not to exceed amount of $45,000.00 (funding source: Water Enterprise Operating Fund).

BACKGROUND:

The California Consumer Confidence Drinking Water Report Requirement mandates that public water systems in California provide annual Consumer Confidence Reports (CCRs) to their customers. These reports are meant to inform consumers about the quality of their drinking water, including details such as:
 Water Sources: Information about the sources of water (e.g., rivers, reservoirs, or groundwater) used by the water system.
 Water Quality: A summary of the water quality, including any detected contaminants and whether they exceed state or federal safety standards.  Health Information: Clear health advisories if contaminants exceed specific thresholds, explaining the potential risks, especially for sensitive populations like infants, elderly people, or those with compromised immune systems.
 Regulatory Compliance: A statement that confirms whether the water system is in compliance with state and federal regulations regarding water quality.  Contact Information: Details on how to reach the water system for further information or to ask questions.

These reports must be distributed to customers by July 1st each year, and they can be sent in various forms, such as printed copies or posted on the water utility's website. The goal is to

1.4.C
Packet Pg. 97
increase transparency and provide consumers with essential information about the safety and quality of their drinking water.

DISCUSSION:

The future of water quality regulation at the Federal and State level will only continue with stricter contaminant standards, understanding and adapting to these new regulations will be critical to providing safe and reliable drinking water moving forward. Corona Environmental Consulting has assisted the City with a variety of water quality regulatory compliance projects over the past 20 years and they have a clear understanding of the City’s water distribution system.

Staff reached out to Corona Environmental Consulting for a proposal to provide the City with CCR preparation assistance and general water related consulting services. Exhibit A of the attached professional services agreement will provide the City with CCR preparation assistance and general water related consulting over the next three years.

FISCAL IMPACT:

The attached Professional Services Agreement with Corona Environmental for the not to exceed amount of $45,000 will be paid for through the Water Enterprise Operating Fund.

Attachments:

1. Corona Env. PSA - 4-25

1.4.C
Packet Pg. 98
Professional Services Agreement - Page 1 of 7
CCR Preparation
Corona Environmental Consulting, LLC

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

CORONA ENVIRONMENTAL CONSULTING, LLC
This Agreement for Professional Services (“Agreement”) is entered into on, April 8, 2025 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Corona Environmental Consulting, LLC (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as “Exhibit A”. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED $45,000 for all work described within the Cost Proposal set forth in “Exhibit A” and made a part of this Agreement.

2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.4.C.a
Packet Pg. 99
Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) Professional Services Agreement - Page 2 of 7
CCR Preparation
Corona Environmental Consulting, LLC
Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

3.5 All Policies Requirements.

3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.

1.4.C.a
Packet Pg. 100 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) Professional Services Agreement - Page 3 of 7
CCR Preparation
Corona Environmental Consulting, LLC

3.5.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.

Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)

4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

Section 5. STATUS OF CONSULTANT.

5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City.

Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.

1.4.C.a
Packet Pg. 101 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) Professional Services Agreement - Page 4 of 7
CCR Preparation
Corona Environmental Consulting, LLC

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;

7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in “Exhibit A,” if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which

1.4.C.a
Packet Pg. 102 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) Professional Services Agreement - Page 5 of 7
CCR Preparation
Corona Environmental Consulting, LLC
is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.

8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party").

The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

1.4.C.a
Packet Pg. 103 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) Professional Services Agreement - Page 6 of 7
CCR Preparation
Corona Environmental Consulting, LLC

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Kevin Werner, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Consultant shall be sent to:

Carleigh Samson, Ph.D
Project Manager
Corona Environmental Consulting, LLC
357 S. McCaslin Blvd., Suite 100
Louisville, CO 80027
Any written notice to the City shall be sent to:

Mr. Kevin Werner
Administrator/City Engineer
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

1.4.C.a
Packet Pg. 104 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) Professional Services Agreement - Page 7 of 7
CCR Preparation
Corona Environmental Consulting, LLC

9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF RIPON CORONA ENVIRONMENTAL

CONSULTING, LLC
Daniel de Graaf, Mayor Chad Seidel, Ph.D., President

Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra Jr, City Attorney

1.4.C.a
Packet Pg. 105 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) 357 S. McCaslin Blvd., Suite 100 | Louisville, CO 80027 | 303.544.2161 | www.coronaenv.com March 14, 2025
Mr. James Pease
Director of Public Works
City of Ripon
295 N. Wilma Avenue,
Ripon, CA 95366
(209) 599-2108
Re: Proposal to provide the City of Ripon with 2024-2026 CCR preparation and general consulting services
Dear Mr. Pease,
Corona Environmental Consulting (Corona) is pleased to support the City of Ripon with consumer confidence report (CCR) preparation and general consulting services over the next three years. This will include the preparation of the 2024, 2025, and 2026 CCRs, as well as providing as-needed consultations on water quality, treatment, and operations.

Scope of Work
The proposed effort will include the preparation and review of the 2024, 2025, and 2026 CCRs and general consulting services over the next three years.

CCR Preparation
Corona will prepare the City of Ripon CCRs for 2024, 2025, and 2026, consistent with previous years. As part of this effort, we will review all federal and state requirements for the CCR, including the updated CCR Rule designed to make annual drinking water quality reports more understandable and accessible to the public. The updated rule became effective as of June 2024, and systems will be required to meet new requirements starting in 2027. The CCR will be prepared to meet the requirements of the updated rule.

The California State Water Resources Control Board Department of Drinking Water (DDW) CCR Reference Manual for Water Suppliers, last updated February 2025, will be referenced to ensure all state-specific requirements are met. Corona will maintain communication with the City of Ripon Public Works Director James Pease to ensure the CCR contains all relevant, up-to-date and important information for the City of Ripon.

For the CCR drinking water summary tables, Corona will conduct the required analyses on the City of Ripon’s drinking water quality data using publicly available data from the DDW website and all additional water production and compliance data provided by the City of Ripon. All required data should be provided to Corona by April 15th each year. We will prepare the CCR in a layout design software for printing and for sharing as a PDF file. A draft of the CCR will be shared with the City of Ripon for review by May 15th each year, allowing for time to review and revisions. The final version will be submitted to the City of Ripon by June 1st, in time for printing and mailing to customers ahead of the July 1st deadline.

General Consulting Services
Corona will meet with the City of Ripon regarding water quality issues, operational and treatment practices, new regulations, and any other relevant and important topics on an as needed basis. Each consultation is anticipated to take place via a web-based call using Zoom for 1-2 hours, depending on the EXHIBIT A 1.4.C.a
Packet Pg. 106 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) 357 S. McCaslin Blvd., Suite 100 | Louisville, CO 80027 | 303.544.2161 | www.coronaenv.com | 2 topics at hand, and will include 2-3 Corona staff members. We would anticipate these meetings would happen no more frequently than quarterly and may occur less frequently based on need.

Budget
We anticipate our services for these efforts to be compensated on a time and materials basis, with efforts for the CCR preparation not to exceed $9,085 for the first year and efforts for the general consulting services not to exceed $5,250 for the first year, with a total not to exceed amount for three years of CCR preparation and general consulting services of $45,000. Table 1 includes the current 2025 labor rates for Corona staff and estimated hours to complete the 2024 CCR preparation, as well as estimated hours for quarterly 2-hour consultations.

We’re pleased to support you and the City of Ripon. Please contact us (Carleigh - Office: 303.317.3664; Email: [email protected]; Chad – Office: 303.317.6100, Email: [email protected]) if you have any questions or wish to discuss this proposal further.

Respectfully,
Carleigh Samson, Ph.D.

Project Manager
Corona Environmental Consulting, LLC
Chad Seidel, Ph.D.

President
Corona Environmental Consulting, LLC

1.4.C.a
Packet Pg. 107 Attachment: Corona Env. PSA - 4-25 (4619 : Corona Environmental Consulting, LLC) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/08/2025
Subject: Jack Tone Golf Lease- Amendment No. 1

RECOMMENDED ACTION
Approve and authorize the Mayor to sign Amendment No. 1 to the Agreement for the Lease and Operation of the Jack Tone Road Golf Course between the City of Ripon and SGM, Inc.

BACKGROUND
Sierra Golf Management, Inc was awarded the Agreement for the Lease and Operation of the Jack Tone Road Golf Course (Lease Agreement) on October 8, 2024. On January 1, 2025, SGM, Inc. assumed operations of the golf course.

DISCUSSION
Since SGM, Inc. has taken over the operations of the golf course, two issues have come up that were not considered in the original Lease Agreement, as described below:

Memberships & Range Cards
The previous operator has provided a list of individuals who have pre-purchased memberships/range cards and the associated amounts purchased prior to January 1, 2025, but has not provided the funds.

The First Amendment to the lease allows SGM, Inc to honor the memberships/range cards purchased prior to January 1, 2025 until June 1, 2026 and submit an invoice to the City on a quarterly basis for reimbursement. After June 1, 2026, the memberships and range cards would no longer be accepted.

Word and Logo Trademark
After being notified the previous operator was not awarded the next lease to operate Jack Tone Golf, the previous operator registered word and logo trademarks, including the name, “Jack Tone Golf.”

1.4.D
Packet Pg. 108
SGM, Inc. has elected to go through a rebranding of the golf course, which includes replacing the name, “Jack Tone Golf” with “Ripon Golf Club”.

The First Amendment to the lease includes language that prohibits SGM, Inc. from registering the new name of the golf course as a trademark.

Additional changes to the Lease Agreement includes fixing a typographical error. In the Lease Agreement, Section 1.2 was mistakenly merged with Section 1.1. The First Amendment includes the language to separate these sections as they were intended.

FISCAL IMPACT
The projected fiscal impact of reimbursing for the memberships/range cards purchased prior to January 1, 2025 is $10,000 and is recommended to be reimbursed from the Jack Tone Golf Reserve Fund (balance: $715,000).

Attachments:

1. First Amendment to Golf Course Lease_20250401

1.4.D
Packet Pg. 109
1 FIRST AMENDMENT TO THE AGREEMENT FOR THE LEASE AND OPERATION OF

THE JACK TONE ROAD GOLF COURSE
This First Amendment to Golf Course Lease is made and entered into this ___ day of April ___, 2025, by and between the CITY OF RIPON, a Municipal Corporation (“City”) and SGM, INC, a California Corporation (“Operator”). It is made with respect to the facts and circumstances set forth in the Recitals.

RECITALS
A. City and Operator entered into the Agreement for the Lease and Operation of the Jack Tone Road Golf Course (“Lease”) on October 8, 2024.

B. The City and Operator were not aware at the time the Lease was approved that the name “Jack Tone Golf Course” had been registered as a trademark by Vincent Buzzini, the previous golf course operator.

C. The previous operator has provided a list of memberships that had been sold to customers for future use of the golf course and its’ amenities such as the driving range, by the previous operator Vincent Buzzini, although, the previous operator has been unwilling to provide the funds collected to cover these expenses.

NOW, THEREFORE, it is agreed the following sections to be added to the Lease:

1. Personal Inspection. Section 1 of the Lease included a typographical error wherein the identifying section number, Section 1.2, was excluded, but the title “Personal Inspection” was underlined and incorporated within Section 1.1. To correct this error, Section 1.1 is hereby amended to split all language after the first complete sentence in Section 1.1 from that section and into Section 1.2. Sections 1.1 and 1.2 shall read as follows:

1.1 The Property. The property leased under this Agreement consists of the Land located at 1500 Ruess Road in Ripon, California (APN 257-300-20) with a developed 18- hole executive golf course, parking lot, irrigation well, practice area, club house, gazebo, and cart barn (collectively the ‘‘Property” and or the “Premises”).

1.2 Personal Inspection. Operator acknowledges personal inspection of the Land and the surrounding area and evaluation of the extent to which the location and/or physical condition thereof will affect the operations of the Property subject to any warranties set forth in this Agreement. Operator accepts the Land in its present physical condition, and agrees to make no demands upon City for any improvements or alteration thereof, and, except as provided herein, City makes no warranties whatsoever concerning the condition of the land, soil, availability of water or utilities, except as provided herein. Operator accepts all

1.4.D.a
Packet Pg. 110 Attachment: First Amendment to Golf Course Lease_20250401 (4627 : Jack Tone Golf Lease- Amendment No. 1) 2 aspects of the Land including, without limitation:
(a) the existing, adjoining City owned sewer ponds and any and all conditions related to their existence and operation, including but not limited to odor which may emanate from the ponds from time to time; (b) the soils conditions;
(c) adjacent river conditions which may result in seepage of water into the golf course during high water levels from time to time; (d) City is not aware of any Americans with Disabilities Act (ADA) claims;
(e) water availability for irrigation via an on-site irrigation well; and
(f) any and all existing and future ordinances, statutes and regulations.

Operator acknowledges that, except as otherwise set forth in this Agreement, City has made no representations of any nature whatsoever, express or implied, to Operator with regard to the Land for Operator’s purposes.” 2 Golf Fees and Prices. Section 6 of the Lease is hereby amended to include the following provision, identified as Section 6.3(c):
(c). The Parties agree that the previous operator of the golf course issued memberships (“past memberships”) for the use of the golf course and its amenities, the cost of which has not been compensated to Operator by the previous operator. Operator shall honor any past memberships purchased for the use of the golf course and its amenities by customers until June 1, 2026. Operator shall track the value of memberships redeemed over this time period and submit an invoice to the City for reimbursement on a quarterly basis.

City shall reimburse Operator for all past memberships redeemed between the Effective Date of this Agreement and June 1, 2026. Any past memberships tendered to Operator after June 1, 2026 shall be redeemed at Operator’s sole discretion and, if redeemed, done so at Operator’s sole cost and expense.”
3 Intellectual Property. Section 12 of the Lease is hereby amended to add the following provision, identified as Section 12.16:

12.16 Intellectual Property. The City is the only party that has the right to register the names, “Ripon Golf Club,” or “Ripon Golf Course,” or any similar permutations thereof,

1.4.D.a
Packet Pg. 111 Attachment: First Amendment to Golf Course Lease_20250401 (4627 : Jack Tone Golf Lease- Amendment No. 1) 3 as a trademark. Operator agrees to refrain from registering any such names as trademarks or claiming any other intellectual property rights to said names throughout the term of this Agreement and for two years after the termination thereof. 4 Remaining Terms and Conditions Unaffected. Unless expressly amended herein, the remaining terms and conditions of the Lease shall remain in full force and effect. To the extent of any conflict between the Lease and this First Amendment, the terms and provision of this First Amendment shall govern and control.
5 Miscellaneous. Capitalized terms used herein which are not expressly defined herein shall have the same meaning ascribed to such term set forth in the Lease. 6 Counterparts. This First Amendment may be executed in one or more counterpart copies, all of which together shall constitute and be deemed and original.

SGM, Inc, A California Corporation
By: _________________________
CITY OF RIPON, A Municipal Corporation
By: _________________________
DANIEL DE GRAAF, Mayor
ATTEST:

By: _________________________
LISA ROOS, City Clerk

1.4.D.a
Packet Pg. 112 Attachment: First Amendment to Golf Course Lease_20250401 (4627 : Jack Tone Golf Lease- Amendment No. 1) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 04/08/2025
Subject: Meadowood Development Agreement - Amendment No. 2 RECOMMENDED ACTION:

Should the City Council agree with Staff’s recommendation, the following motion would be appropriate:
“The City Council approves the Second Amendment to the Meadowood Development Agreement, and directs staff to process and record the appropriate documents to facilitate the amendment.”
BACKGROUND:

Section 5 of the Meadowood Development Agreement along with certain attachments spelled out maintenance and ownership responsibilities regarding the Home Owners Association (HOA) and Landscape Maintenance District (LMD) for the project. After reviewing the improvement and landscaping plans for the project and discussing maintenance responsibilities with Lennar Homes (Developer) it became evident that certain adjustments were needed to the Development Agreement regarding those responsibilities.

DISCUSSION/ANALYSIS:

Staff did meet internally and with the Developer regarding these matters. At the conclusion of the meetings it was decided to adjust certain language and exhibits in the Development Agreement defining these responsibilities. Essentially, the City will be maintaining all landscape areas outside of the project boundaries and all of the masonry walls outside and inside the project. All of these responsibilities will be funded through a LMD which will be established prior to project final. The HOA will maintain all landscaping and amenities within the project boundaries, including the paseo landscaping, subdivision entry feature, tot lot, all front and street side yard landscaping for the residential lots and all interior vinyl fencing for the residential lots.

The proposed changes to the Development Agreement and associated attachments will facilitate these changes in responsibilities.

1.4.E
Packet Pg. 113
FISCAL IMPACT:

There is no fiscal impact since the expense of the City maintaining the additional area will be funded through the LMD.

Attachments:

1. Meadowood Development Agreement Amendment 2

2. Meadowood DA Amendment #2 - Redlined Version

1.4.E
Packet Pg. 114
1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Ripon
c/o Jane Kilgore,
Deputy City Clerk
259 N. Wilma Avenue
Ripon, CA 95366

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(MEADOWOOD)
This Second Amendment to Development Agreement (“Second Amendment”) is made and entered into this 8th day of April, 2025, between the City of Ripon, a Municipal Corporation (“City”), and Lennar Homes of California LLC (“Owner/Developer”). It is made with respect to the facts and circumstances set forth in the Recitals.

RECITALS
A. On or about February 13, 2018, the City of Ripon (“City”) and Owner/Developer entered into a Development Agreement for the development of certain real property in the City of Ripon (the “Subject Property”) which was recorded on July 3, 2018, as instrument No. 2018- 074286, Official Records of San Joaquin County, California, referred to as the “Development Agreement”;
B. Owner/Developer and City have agreed to amend the Development Agreement, to amend the HOA (Home Owners Association) and LMD (Landscape Maintenance District) provisions of the project in the Development Agreement.

C. The City finds and declares that this Second Amendment is consistent with the goals, policies, and objectives of the Ripon General Plan, as well as all other ordinances, policies and standards of the City.

D. The City further finds and declares that the requirements of the California Environmental Quality Act have been satisfied declaring the Meadowood project exempt from CEQA review pursuant to the CEQA Guidelines Section 15182, based on the following:
 The Meadowood subdivision project is conforming to the NPSP as required by CEQA Guidelines Section 15182, including land use objectives and designations.  The Project is within the scope of projects considered in the NPSP EIR, the EIR adequately analyzes all potential environmental impacts of the Meadowbrook

1.4.E.a
Packet Pg. 115 Attachment: Meadowood Development Agreement Amendment 2 (4629 : Meadowood Development Agreement - Amendment No. 2) 2 subdivision project, and the EIR provides adequate mitigation measures for significant environmental impacts.
 Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not involve any environmental impacts that were not previously identified and analyzed in the NPSP EIR.
 Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not increase the severity of any environmental impacts previously identified and analyzed in the NPSP EIR.
 Pursuant to CEQA Guidelines Section 15162, the Meadowood subdivision project does not require any mitigation measures other than those described in the NPSP EIR.  As the Meadowood subdivision project does not meet any of the criteria set forth in CEQA Guidelines Section 15162, no additional environmental is required.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.a) Section 5.a (Project HOA Requirement), is hereby amended to read in full as follows:
a. Project HOA Requirement. Owner/Developer agrees to set up an HOA for the project to cover and maintain the following:
1) Maintenance of all common driveways within the project, as depicted on Attachment 7. Maintenance shall include all utilities located within the common driveway area, such as sewer lines, water lines to the point of connection at the City mainlines; and
2) Maintenance of all red-curbing and/or no parking signage throughout the project, as depicted on Attachment 8; and
3) Maintenance of all landscaping areas as depicted on Attachment 11, including all front yard and street side yard landscaping for corners lots and all parkways within the project.
4) Due to the limited nature and challenges surrounding parking within certain medium density projects, the HOA shall include language within the HOA document to self-regulate and provide parameters regarding on-site parking.

1.4.E.a
Packet Pg. 116 Attachment: Meadowood Development Agreement Amendment 2 (4629 : Meadowood Development Agreement - Amendment No. 2) 3 Such language shall be submitted to the Planning Director, City Administrator and Chief of Police for review and approval.

2. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.d) Section 5.d (Landscaping Requirements for the Project), is hereby amended to read in full as follows:
d. Landscaping Requirements for the Project. Owner/Developer agrees to provide a master landscaping plan for the entire development to include in-tract and out-oftract landscaping. Full landscaping plans shall be submitted to the Planning Director, City Administrator and Public Works Director for review and approval and shall comply with the requirements of the North Pointe Specific Plan (section

3.13, figures 3-18 and 3-19, section 4.5, and Tables 4-2, 4-3 and 4-4) and the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscapes. Furthermore all landscaping shall comply with the most current State of California Model Water Efficient Landscape Ordinance (MWELO). 1) Owner/Developer agrees to provide front yard and street side yard landscaping for corner lots with an automatic sprinkler system that includes a smart irrigation controller. Owner/Developer further agrees to submit irrigation plans to the Planning Director and Building Official for review and approval of compliance with the most current State of California Model Water Efficient Landscape Ordinance (MWELO) and for compliance with the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscape.

Furthermore, all front yard and street side yard landscaping shall be maintained by the HOA.
2) Owner/Developer agrees to provide landscaping options as outlined in the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscapes for each residential lot. All options shall be made available at no extra cost, except that synthetic turf or hardscape options may be offered as an upgrade. Landscape plans shall be submitted for review and approval to both the Planning and Building Departments for each parcel within the subdivision. 3) Owner/Developer further agrees to install two (2) sleeves under the sidewalk where applicable throughout the development for each parcel for access to the

1.4.E.a
Packet Pg. 117 Attachment: Meadowood Development Agreement Amendment 2 (4629 : Meadowood Development Agreement - Amendment No. 2) 4 potable and non-potable water services.
4) Owner/Developer further agrees to form an HOA which shall own and maintain all areas as depicted in Attachment 11. Additionally all parkways within the project as well as all front yard landscaping and side yard landscaping for corner lots shall be maintained by the HOA.
5) Owner/Developer further agrees to reimburse the City of Ripon for formation of a landscape maintenance district in order to maintain landscaping and irrigation for all areas as depicted in Attachment 9. All areas depicted in Attachment 9 shall be dedicated to the City of Ripon and will be maintained as part of the LMD by the City of Ripon. Such LMD shall include maintenance cost for all masonry and wrought iron fencing throughout the project as depicted on Attachment 6. Owner/Developer also agrees to vote to be included in said maintenance district and the landscape maintenance district shall be formed prior to final acceptance of the subdivision improvements by the Ripon City Council.
6) Owner/Developer agrees to design and construct residential paseos as depicted on Attachment 13. The design and construction of the residential paseos as well as the tot lot shall be in accordance and compliance with the North Pointe Specific Plan (NPSP), specifically the requirements for residential paseos described in section 3.14 and depicted in figure 3.18. A detailed landscape and amenity design plan for the residential paseos and tot lot shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance and ownership of all such areas shall be covered by the HOA as depicted in Attachment 11. 7) Owner/Developer agrees to design and construct an entry feature to the subdivision at the main entrance from Fulton Avenue pursuant to requirements of the NPSP section 3.13. Such entry feature and design shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance and ownership of the entry feature area shall be covered by the HOA as depicted in Attachment 11.

1.4.E.a
Packet Pg. 118 Attachment: Meadowood Development Agreement Amendment 2 (4629 : Meadowood Development Agreement - Amendment No. 2) 5 3. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.e) Section 5.e (Project Fencing/Wall Plan), is hereby amended to read in full as follows:
e. Project Fencing/Wall Plan. Owner/Developer agrees to design and construct project perimeter fencing and on-site yard privacy fencing as depicted in attachment

6. Final fencing design plan shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval.

Maintenance of all fencing as depicted on Attachment 6 shall be covered by the LMD. All other on-site fencing shall be vinyl fencing as approved by the Planning Director, City Administrator and Public Works Director and fencing plans for each lot shall be submitted to the Planning Department for review and approval.

Maintenance or replacement of all vinyl fencing on-site shall be covered by the HOA.

4. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 5.f) Section 5.f (Project Parking Requirements), is hereby amended to read in full as follows:
f. Project Parking Requirements. Owner/Developer agrees to design and construct the project with the following parameters regarding on-site parking. 1) All common driveways as depicted in attachment 7 shall have a minimum paved width of thirty-two (32) feet pursuant to section 3.13 of the NPSP.

Common driveways shall be separate lots that are owned and maintained by the HOA.

Furthermore, all common driveways shall be constructed with brick pavers and/or concrete as approved by the Planning Director, City Administrator and Public Works Director.
2) All single family residential driveways for all eighty-eight (88) lots shall have a minimum depth of twenty (20) feet from the property line to the front of the garage door pursuant to Table 3-2 of the NPSP.
3) Project shall be red-curbed pursuant to attachment 8. Red-curb maintenance shall be included in the projects HOA.

5. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (SECTION 6.k) Section 6.k (Irrigation Facilities), is hereby amended to read in full as follows:

1.4.E.a
Packet Pg. 119 Attachment: Meadowood Development Agreement Amendment 2 (4629 : Meadowood Development Agreement - Amendment No. 2) 6 k. Irrigation Facilities. Owner/Developer shall be responsible for undergrounding and improvements to any South San Joaquin Irrigation District (SSJID) facilities on or near the Project, based upon consultation between the City, SSJID and Owner/Developer. For all required undergrounding and improvements, Owner/Developer shall provide improvement plans acceptable to SSJID and the City of Ripon. Without limiting the generality of the foregoing, Owner/Developer shall abandon SSJID facility “V-88dd” and underground SSJID facility lateral “V” with rubber gasket reinforced concrete pipe pursuant to the conditions of approval letter received from SSJID dated August 17, 2016 (attachment 23). Owner/Developer further agrees to improve any above ground irrigation control boxes by wrapping them in stone veneer (Attachment 24) or an alternative covering as approved by the City Engineer. All improvements required of Owner/Developer pursuant to this Section must be completed and/or appropriate improvement security provided prior to recording the Final Map for the Project.

Additionally, the required undergrounding of lateral “V” can be deferred until half of the residential units for the project are built. Such improvement deferral shall include a plan depicting location of residential unit construction furthest from the SSJID lateral “V” as approved by the City Engineer.

Additionally, the Owner/Developer reserves the right to apply for a Local Benefit District pursuant to City of Ripon’s Municipal Code Chapter 16.216 for reimbursement of its proportionate share of improvements that benefit the north property that are not reimbursable through the NPSP Fee program.

6. AMENDMENT OF EXHIBIT “C” OF THE AGREEMENT (Attachments 6, 7, 9, 11, 12, and 25)
Attachments 6, 7, 9, and 11 are hereby amended as attached:
 Attachment 6
 Attachment 7
 Attachment 9
 Attachment 11
And attachments 12 and 25 are hereby being removed from the original Development

1.4.E.a
Packet Pg. 120 Attachment: Meadowood Development Agreement Amendment 2 (4629 : Meadowood Development Agreement - Amendment No. 2) 7 Agreement.

7. Other Terms and Condition Unaffected. Except as amended by this Second Amendment, all other terms and conditions of the original Development Agreement and the First Development Agreement Amendment shall remain in full force and effect, and shall not be deemed modified or waived by this Second Amendment.

CITY OF RIPON
_______ Date: ___________________________
DANIEL DE GRAAF, Mayor
Attest: Date: ___________________________
LISA ROOS, City Clerk

DEVELOPER
Lennar Homes of California, LLC
By:

Name: Date ___________________________
Title: _____________________

1.4.E.a
Packet Pg. 121 Attachment: Meadowood Development Agreement Amendment 2 (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 20 -

FINAL DRAFT

MEADOWOOD DEVELOPMENT AGREEMENT
Exhibit “C”
Conditions of Approval
(March 5, 2018)

1. Project Development Fees:

City and Owner/Developer, its successors and assigns, agree that not withstanding any other provision of law, the imposition and accounting for these fees shall not be subject to the requirements of the Mitigation Fee Act (Government Code Sections 66000-66025).

Owner/Developer, its successors and assigns, waive any and all rights to protest or demand accounting of the fees imposed pursuant to this development.

Owner/Developer shall pay those fees in connection with the actual development of the Project as follows:
a. Public Facilities Financing Plan (PFFP) fees. Owner/Developer shall pay those fees identified in the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually. PFFP fee amounts shall be established at the time of the building permit application so long as the building permit is issued within one-hundred twenty (120) days of the application date, otherwise fees will be established based on the building permit issuance date. Fees shall be collected at time of gas utility connection approval for each single family residential unit. b. Building Permit Fee. Owner/Developer shall pay those fees associated with the issuance of a building permit (Building Permit, Plan check, Energy compliance, Plumbing, Mechanical, Electrical, SMIP, etc.), as indexed annually, at the time of

1.4.E.b
Packet Pg. 122 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 21 -
issuance of a building permit for each residential unit. c. Garbage Fee. Owner/Developer agrees to pay a Garbage fee as identified on the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at time of gas utility connection approval for each single family residential unit.
d. School Mitigation Fee. Owner/Developer agrees to pay, at the time of issuance of a building permit, those fees adopted and imposed by the Ripon Unified School District. Fees listed in the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, are per Ripon Unified School District’s Development Impact Fee Study dated June 15, 2012, actual fees to be paid shall be those fees in affect at the time of issuance of a building permit. e. Fire Facilities Impact Fee. Owner/Developer agrees to pay, in lieu of the Fire Facilities Fee established in the Ripon Municipal Code Chapter 15.49 which is calculated on a square footage basis, the following flat fee for that development allowed in the zone designation of $2,971.00 per single family dwelling unit. The Fire Facilities Impact Fee shall be collected at time issuance of a building permit for each residential unit and will be annually indexed based on the Engineers News Construction Index as published by the City of Ripon Department of Planning and Economic Development.
f. County Facilities Fee. Owner/Developer agrees to pay a County Facilities Fee based on Fee Schedule 2017 (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at the time of issuance of a building permit for each single family residential unit.

1.4.E.b
Packet Pg. 123 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 22 -
g. General Mitigation Fee. Owner/Developer agrees to pay a General Mitigation fee as identified on the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at time of gas utility connection approval for each single family residential unit.
h. Habitat Mitigation Fee. Owner/Developer agrees to pay a Habitat Mitigation fee of $8,905.00 per acre based upon 12.98 acres, and adjusted annually on January 1st, upon execution of the Subdivision Improvement Agreement. i. Benefit Assessment District Fee. Owner/Developer agrees to pay Benefit Assessment fees for each of the following APN’s (261-040-02, 261-650-24 and 261- 020-05) as shown in Attachments 2 through 4 to this Exhibit “C”. Benefit District Fees shall be paid upon execution of the Subdivision Improvement Agreement. j. Regional Transportation Impact Fee. Owner/Developer agrees to pay a Regional Transportation Impact Fee based on Fee Schedule 2017 (FSA-17), as shown in Attachment 1 to this Exhibit “C”, and adjusted annually, at the time of issuance of a building permit for each single family residential unit. k. Engineering Fees. Owner/Developer agrees to pay an Engineering fee as identified on the 2017 PFFP Fee Schedule (FSA-17), as shown in Attachment 1 to this Exhibit “C”. Engineering Fees shall be paid at time of execution of a Subdivision Improvement Agreement for the project.
l. North Pointe Subregional-Impact Fee. Owner/Developer shall pay those fees identified in the 2017 NPSP Fee Schedule (NPSP-17), as shown in Attachment 5 to this Exhibit “C”, and adjusted annually. NPSP fee amounts shall be established at the time of the building permit application so long as the building permit is issued

1.4.E.b
Packet Pg. 124 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 23 -
within one-hundred twenty (120) days of the application date, otherwise fees will be established based on the building permit issuance date. Fees shall be collected at time of gas utility connection approval for each single family residential unit.

Furthermore, Owner/Developer shall be credited those fees identified in the 2017 NPSP Fee Schedule (NPSP-17), as shown in Attachment 5 to this Exhibit “C”, and adjusted annually, the corresponding PFFP Parks and Recreation Fee Credit against the Parks and Recreation Fee listed in the PFFP Fee Schedule (FS-17) shown in Attachment 1.
m. APN 261-020-05 Fee Credit. APN 261-020-05 has pre-paid some of the City of Ripon’s Public Facilities Financing Plan Fees on the property (Transportation, Water, Waste Water and Storm Drainage). The current value of those pre-paid fees in 2017 dollars is $268,756.50 for the portion of the property located on the east side of Goodwin Drive (approx. 1.82 acres). These fee credits will be applied towards the Transportation, Water, Waste Water and Storm Drainage fees due for each residential unit on this APN until all fee credits are exhausted. In 2017 dollars the amount of fees owed for Transportation, Water, Waste Water and Storm Drainage on the thirteen (13) homes planned on this APN is $299,091.00, which is a difference in transportation, water, waste water and storm drainage fees owed and fee credits on this APN of $30,334.51. Essentially the fee credits cover all transportation, water, waste water and storm drainage fees for 11.7 of the 13 residential units on APN 261- 020-05.

2. Easements:

Owner/Developer shall obtain, at Owner/Developer’s sole expense and subject to the

1.4.E.b
Packet Pg. 125 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 24 -
provisions of this Agreement, if applicable, any and all easements or real property which may be required for the development of the real property of the Owner/Developer, and which may be necessary and required in order for Owner/Developer to comply with the terms of this Agreement, and the applicable ordinances and resolutions of the City.

3. Building Permit Cycles:

The City agrees to issue Eighty-eight (88) building permits in cycles over the term of this agreement beginning on January 1, 2019, until all permit allocations have been issued. This Agreement will cover two (2) cycles, with building permits issued at a rate of forty-four (44) building permits during cycle one and the final forty-four (44) building permits issued in the second and final cycle. The cycles will not commence until the following has occurred:
a. Cycle one (1) will not commence until all of the following improvements have been completed as follows:
1) The Final Map for the subdivision has been recorded and accepted by the Ripon City Council; and
2) The subdivision improvement agreement for the project has been approved by the Ripon City Council and has been recorded; and
3) All property pins for the project have been installed; and 4) The water system shall be completely installed, flushed, tested and the construction backflow preventer has been removed signifying a completed and sanitized water system. Additionally all hydrants on-site and off-site shall be functioning; and
5) The sewer system shall be completely installed, flushed, camera tested and pressure tested; and

1.4.E.b
Packet Pg. 126 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 25 -
6) All on-site and off-site curb and gutter shall be installed; and 7) All on-site and off-site AB road base shall be installed and finish graded; and 8) All on-site and off-site street lights shall be functioning. b. Cycle two (2) will begin no sooner than January 1, 2020; upon completion of the first cycle; and after written notification by the Developer of its intent to begin the next cycle so long as the following conditions have been met:
1) All of the building permits have been pulled for cycle one (1) and at least fifty percent (50%) of the single family residential permits issued in cycle one (1) have received final inspection from the City Building Department; and 2) SSJID Facility lateral “V” has been undergrounded and accepted by the City of Ripon and SSJID; and
3) At least four (4) of the affordable units have received final inspection from the City Building Department; and
No residential unit shall receive a final until all of the following project conditions have been met:
a. All subdivision improvements shall be complete and accepted by the Ripon City Council, except for the undergrounding of lateral “V”, which shall be completed and accepted prior to issuance of permit number 45 for the development; and b. All requirements of the Subdivision Improvement Agreement have be met; and c. All eight (8) affordable units have been constructed and are ready for final inspection; and
d. A one (1) year maintenance bond has been received and accepted by the City of Ripon.

1.4.E.b
Packet Pg. 127 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 26 -
In the event that building permits are not procured in the cycle term in which they were allocated (“expired permits”), Developer shall be required to re-apply for those building permits.

Expired building permits may be re-allocated to the project depending on availability within the City of Ripon Master Permit Allocation Schedule.

The model home complex may be started prior to all improvements being completed upon written approval by the City Engineer and the Ripon Fire Chief. Developer shall provide a plan and demonstrate that appropriate access and water for fire protection is available to all the model homes.

In the event that any of the building permits authorized herein have not been used by the end of the term of this Development Agreement, for any reason whatsoever, any such unused permits shall then immediately lapse, and the Owner/Developer will then be required to again apply for any required building permits previously authorized herein in the regular manner as provided by the ordinances, resolutions, and rules of the City of Ripon then in effect pertaining thereto.

4. Timing of Development:

It is understood and agreed by the Owner/Developer that in the event that the project’s development permit is not executed and construction of the project has not commenced at the end of calendar year 2021, the Owner/Developer will be in default and the Development Agreement shall be automatically terminated, without the need for any further action by the City, and the City may record a Notice of Termination or similar instrument. Notwithstanding the preceding sentence, the Owner/Developer may file a written request for a one-year extension of this expiration date, provided such request is filed no later than October 1, 2021. The City Council may grant or deny such extension in its sole discretion.

5. Project Development Requirements:

1.4.E.b
Packet Pg. 128 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 27 -
Owner/Developer agrees to the following provisions for the development of the Project:
a. Project HOA Requirement. Owner/Developer agrees to set up an HOA for the project to cover and maintain the following:
1) Maintenance of all walls within the project, as depicted on Attachment 6; and 12) Maintenance of all common driveways within the project, as depicted on Attachment 7. Maintenance shall include all utilities located within the common driveway area, such as sewer lines, water lines to the point of connection at the City mainlines; and
23) Maintenance of all red-curbing and/or no parking signage throughout the project, as depicted on Attachment 8; and
34) Maintenance of all landscaping areas as depicted on Attachment 11, including all front yard and street side yard landscaping for corners lots and all parkways within the project. entry feature, as depicted on Attachment 9. 45) Due to the limited nature and challenges surrounding parking within certain medium density projects, the HOA shall include language within the HOA document to self-regulate and provide parameters regarding on-site parking.

Such language shall be submitted to the Planning Director, City Administrator and Chief of Police for review and approval.
b. Affordable Units. The Owner/Developer agrees to provide affordable housing units in compliance with the City of Ripon’s Affordable Housing Program (RMC Chapter

16.194). Any fraction thereof of an affordable unit shall be paid to the City of Ripon’s Affordable Housing Fund as an in lieu fee based on the parameters set forth in RMC Chapter 16.194. Placement of affordable units within the development shall

1.4.E.b
Packet Pg. 129 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 28 -
be as approved by the Planning Director, City Administrator and Public Works Director. Owner/Developer may comply with the City’s Affordable Housing requirements by constructing attached townhomes (duets) on corner lots with zero lot line setbacks between the two units. A planned unit development application shall be required for any affordable unit proposed to be built as zero lot line townhouses on corner lots.
c. Lot Standards and Development Requirements.
1) All lots shall comply with the development standards as defined in the North Pointe Specific Plan. Lot setbacks and development standards shall be as defined by lot sizes as indicated in the North Pointe Specific Plan under sections 3.10 table 3-2 and 3.13, unless otherwise approved by the Planning Director. 2) Pursuant to the North Pointe Specific Plan section 3.13, Owner/Developer agrees that the project will have a minimum of four (4) different floor plans for the development.
3) Pursuant to the North Pointe Specific Plan section 3.13, Owner/Developer agrees to provide a minimum of four (4) different elevations for each floor plan and to make all exterior treatment options available at no extra cost. Owner/Developer further agrees that no two (2) lots located adjacent to each other shall have the same floorplan or architectural elevation type. Elevations shall incorporate four (4) sided architecture into their design and be consistent with the preliminary architectural theme as depicted in attachment 10. Elevations for each floorplan shall be submitted to the Planning Director, City Administrator and Public Works Director for review and approval and shall comply with all aspects of the North

1.4.E.b
Packet Pg. 130 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 29 -
Pointe Specific Plan.
d. Landscaping Requirements for the Project. Owner/Developer agrees to provide a master landscaping plan for the entire development to include in-tract and out-of-tract landscaping. All areas depicted in Attachment 11 shall be owned and maintained by the HOA. Full landscaping plans shall be submitted to the Planning Director, City Administrator and Public Works Director for review and approval and shall comply with the requirements of the North Pointe Specific Plan (section 3.13, figures 3-18 and 3-19, section 4.5, and Tables 4-2, 4-3 and 4-4) and the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscapes. Furthermore all landscaping shall comply with the most current State of California Model Water Efficient Landscape Ordinance (MWELO).
1) Owner/Developer agrees to provide front yard and street side yard landscaping for corner lots withand an automatic sprinkler system that includeswith a smart irrigation controller. Owner/Developer further agrees to submit irrigation plans to the Planning Director and Building OfficialPublic Works Director for review and approval of compliance with the most current State of California Model Water Efficient Landscape Ordinance (MWELO) and for compliance with the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscape. Furthermore, all front yard and street side yard landscaping shall be maintained by the HOA.
2) Owner/Developer agrees to provide landscaping options as outlined in the City of Ripon’s most current City of Ripon Design Guidelines for Residential Landscapes for each residential lot. All options shall be made available at no

1.4.E.b
Packet Pg. 131 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 30 -
extra cost, except that synthetic turf or hardscape options may be offered as an upgrade. Landscape plans shall be submitted for review and approval to both the Planning and Building Departments for each parcel within the subdivision. 3) Owner/Developer further agrees to install two (2) sleeves under the sidewalk where applicable throughout the development for each parcel for access to the potable and non-potable water services.
4) Owner/Developer further agrees to form an HOA which shall own and maintain all areas as depicted in Attachment 11. Additionally all parkways within the project as well as all front yard landscaping and side yard landscaping for corner lots shall be maintained by the HOA.
5) Owner/Developer further agrees to reimburse the City of Ripon for formation of a landscape maintenance district in order to maintain landscaping and irrigation for all areas as depicted in Attachment 9. All areas depicted in Attachment 9 shall be dedicated to the City of Ripon and will be maintained as part of the LMD by the City of Ripon. Such LMD shall include maintenance cost for all masonry and wrought iron fencing throughout the project as depicted on Attachment 6.medians and parkways along Fulton Avenue and Goodwin Drive as depicted in Attachment 12 to this Exhibit “C”. Owner/Developer also agrees to vote to be included in said maintenance district and the landscape maintenance district shall be formed prior to final acceptance of the subdivision improvements by the Ripon City Council.
65) Owner/Developer agrees to design and construct residential paseos as depicted on Attachment 13. The design and construction of the residential paseos as well as

1.4.E.b
Packet Pg. 132 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 31 -
the tot lot shall be in accordance and compliance with the North Pointe Specific Plan (NPSP), specifically the requirements for residential paseos described in section 3.14 and depicted in figure 3.18. A detailed landscape and amenity design plan for the residential paseos and tot lot shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance and ownership of all such areas shall be covered by the HOA as depicted in Attachment 11.
76) Owner/Developer agrees to design and construct an entry feature to the subdivision at the main entrance from Fulton Avenue pursuant to requirements of the NPSP section 3.13. Such entry feature and design shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance and ownership of the entry feature area shall be covered by the HOA as depicted in Attachment 11. e. Project Fencing/Wall Plan. Owner/Developer agrees to design and construct project perimeter fencing and on-site yard privacy fencing as depicted in attachment 6. Final fencing design plan shall be submitted to the City of Ripon’s Planning Director, City Administrator and Public Works Director for review and approval. Maintenance of all fencing as depicted on Attachment 6 shall be covered by the LMD. All other onsite fencing shall be vinyl fencing as approved by the Planning Director, City Administrator and Public Works Director and fencing plans for each lot shall be submitted to the Planning Department for review and approval. Maintenance or replacement of all vinyl fencing on-site shall be covered by the HOA. All walls/fencing for the project as depicted in attachment 6 shall be included in an HOA

1.4.E.b
Packet Pg. 133 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 32 -
to cover ongoing maintenance of said improvements.
f. Project Parking Requirements. Owner/Developer agrees to design and construct the project with the following parameters regarding on-site parking. 1) All common driveways as depicted in attachment 7 shall have a minimum paved width of thirty-two (32) feet pursuant to section 3.13 of the NPSP. Common driveways shall be separate lots that are owned and maintained by the HOA.

Additionally the road section in the area of the 9 unit courtyard, as depicted in attachment 25, shall be constructed with brick pavers pursuant to City of Ripon Standard ST-8A, unless approved otherwise by the City Engineer. Furthermore, all common driveways shall be constructed with brick pavers and/or concrete as approved by the Planning Director, City Administrator and Public Works Director.
2) All single family residential driveways for all eighty-eight (88) lots shall have a minimum depth of twenty (20) feet from the property line to the front of the garage door pursuant to Table 3-2 of the NPSP.
3) Project shall be red-curbed pursuant to attachment 8. Red-curb maintenance shall be included in the projects HOA.
g. Miscellaneous Features. Owner/Developer further agrees to provide the following:
1) Owner/Developer agrees to provide a 220 termination box located in the vicinity of the main electrical panel ready to be prepared for future service on the parcel for such amenities as pools, hot tubs, etc.
2) Owner/Developer agrees to provide separate heat/air units for each floor or a zoned system in all two-story residences, or equivalent as determined by the

1.4.E.b
Packet Pg. 134 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 33 -
Building Department.
3) Owner/Developer agrees to provide finished garage interiors to include tape, texture and painted.

6. Subdivision Improvements: It is agreed and understood by Owner/Developer that all improvements which are outside the boundaries of the proposed Development, shall be constructed in accordance with City Standards as the same are in effect as of the date of this Agreement, and as required by the City Engineer of the City of Ripon. Owner/Developer shall confer with the City Engineer to determine the scope and nature of on-site and off-site improvements necessary to serve the Development, and shall enter into the appropriate subdivision improvement agreements with the City to secure performance of its obligations.

Owner/Developer may opt to phase certain improvements of the project. Such phasing shall be established and approved by the City Engineer within the required Subdivision Improvement Agreement.

Said improvements for the project shall include, but not necessarily be limited to the following:
a. Non-Potable Water System. A non-potable water system shall be installed throughout the project in accordance with city standards.
1) Non-potable water services shall be provided to every residential lot as determined by the City Engineer and in accordance with city standards, for future use. All non-potable water services shall be capped and locked off as approved by the City Engineer. 2) All non-potable water lines within the interior of the project shall be a minimum of 8”, as required by the City Engineer.
3) Owner/Developer further agrees to install a 12” non-potable water line within Fulton Avenue, connecting to the 12” non-potable water line at the intersection of Shasta

1.4.E.b
Packet Pg. 135 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 34 -
Avenue and Fulton Avenue and extending to the southern boundary of the project improvements, as required by the City Engineer.
b. Utilities for all Courtyard Homes. Utilities (water and sewer) for all courtyard homes shall be designed so that any utility lines located within the common driveways are private lines.

Final utility design plan for all courtyard units shall be submitted to the City of Ripon’s Public Works Director and City Engineer for review and approval. All such utilities shall be maintained by the HOA.
c. Interior Streets. The interior streets of the project shall be designed using the 48’ ROW street section in accordance with RMC Chapter 16-142, City Standards ST-36 and in compliance with the North Pointe Specific Plan Figure 3-4 (Attachment 14). The street adjacent to the main paseo shall be designed using a 37’ ROW street section as depicted in attachment 15 and the sidewalk will be combined and included within the Main Paseo. The street section adjacent to the 9 unit courtyard home section shall be designed pursuant to attachment 16.

All interior streets within the project shall be designed using 6” vertical curb pursuant to City of Ripon Standard ST-21, unless otherwise approved by the City Engineer. d. Undergrounding of Utilities. Owner/Developer agrees to pay for the undergrounding of all existing and planned utilities within or immediately adjacent to the Development, and as required by City. This does not include the high voltage overhead MID power lines running through the project.
e. Fulton Avenue Dedication and Improvements. Owner/Developer agrees to dedicate and improve property along the frontage of the Project. Improvements shall be sufficient to provide for the full width, one-hundred two (102) foot right-of-way for Fulton Avenue,

1.4.E.b
Packet Pg. 136 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 35 -
pursuant to RMC Chapter 16-142, City Standards ST-10 and in compliance with the North Pointe Specific Plan Figure 4-24 as shown in Attachment 17 of this Exhibit “C”.

Improvements along the project property frontage shall include, but not necessarily be limited to:
 Construction/Installation of a six (6) foot masonry privacy fence per the approved fencing/wall plan (attachment 6) along Fulton Avenue across the property frontage; and
 Construction/Installation of a thirty-four (34) foot landscaped buffer between the masonry privacy fence and sidewalk. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan; and
 Construction/Installation of six (6) foot sidewalk along the west side of Fulton Avenue in accordance to City Standards ST-21; and
 Construction/Installation of a ten (10) foot wide landscaped parkway strip with appropriate irrigation between Fulton Avenue and the six (6) foot sidewalk.

Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan section 4.5 and tables 4-2, 4-3 and 4-4; and
 Construction/Installation of all necessary infrastructure to facilitate improvements to the full half width (west side improvements) of Fulton Avenue as determined by the City Engineer and in accordance with RMC Chapter 16-142, City Standards ST-10 and in compliance with the North Pointe Specific Plan Figure 4-24; and

1.4.E.b
Packet Pg. 137 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 36 -
 Construction/Installation of a fourteen (14) foot landscaped median with appropriate irrigation along the entire property frontage on Fulton Avenue. Such improvements shall extend from the existing SSJID turn-out at the northern end of the project limits to the existing median improvement located at the intersection of Fulton Avenue and Boesch Drive. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan section 4.5 and tables 4-2, 4-3 and 4-4.
f. Goodwin Drive Dedication and Improvements. Owner/Developer agrees to dedicate and improve property along the frontage of the Project. Improvements shall be sufficient to provide for the full width eighty-four (84) foot right-of-way for Goodwin Drive, pursuant to RMC Chapter 16-142 and in compliance with the North Pointe Specific Plan Figure 4-21 as shown in Attachment 18 of this Exhibit “C”. Improvements along the project property frontage shall include, but not necessarily be limited to:
 Construction/Installation of an eight (8) foot masonry perimeter fence per the approved fencing/wall plan (attachment 6) along Goodwin Drive across the property frontage; and
 Construction/Installation of a ten (10) foot landscaped buffer between the masonry perimeter fence and sidewalk. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan section 4.5 and tables 4-2, 4-3 and 4-4; and  Construction/Installation of all necessary infrastructure to facilitate improvements to the full half width (east side improvements) of Goodwin Drive as determined by the

1.4.E.b
Packet Pg. 138 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 37 -
City Engineer and in accordance with city standards; and  Construction/Installation of a thirteen (13) foot landscaped median with appropriate irrigation along the entire property frontage on Goodwin Drive. Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan figure 4-21. g. Dexter Way Improvements. Owner/Developer agrees to improve property along the frontage of the Project. Improvements along the project property frontage shall include, but not necessarily be limited to:
 Construction/Installation of a fifteen (15) foot landscaped buffer between the existing northern curb of Dexter Way and the proposed masonry perimeter fence.

Landscaping and irrigation shall be as approved by the Planning and Public Works Departments and in compliance with the North Pointe Specific Plan; and  Construction/Installation of an eight (8) foot masonry perimeter fence per the approved fencing/wall plan (attachment 6) along the property frontage of Dexter Way.
h. Secondary Access. Owner/Developer agrees to provide a temporary emergency access point for the project until such time as the planned secondary access can be completed with the adjacent property to the north. Location and design of said temporary emergency access shall be located along the main paseo in the project and shall connect with Dexter Way. The emergency access shall include a gate as depicted in attachment 19 and the design of the emergency access shall be approved by the Planning Director, City Administrator, Ripon Consolidated Fire District Chief, Ripon Police Department Chief and Public Works Director.

1.4.E.b
Packet Pg. 139 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 38 -
Securities shall be put in place to appropriately abandon the temporary emergency access when necessary, as approved and agreed to in the Subdivision Improvement Agreement. i. Safe Routes to School Improvements. Owner/Developer agrees to provide the necessary improvements as identified in attachments 20, 21 and 22 to provide a safe route to school for their project. The final design for the required improvements shall be submitted to the City Engineer for final approval and all rectangular Rapid Flashing Beacons shall be AC powered.

Owner/Developer further agrees to provide an approved path of travel along the west side of Fulton Avenue to the Fulton Avenue/Colony Road roundabout safe route to school crossing as determined by the City Engineer to facilitate the safe route to school plan for their project.

Additionally, the Owner/Developer reserves the right to apply for a Local Benefit District pursuant to City of Ripon’s Municipal Code Chapter 16.216 for reimbursement of its proportionate share of improvements that benefit the north property. j. Street Lights and Lighting. Owner/Developer agrees to provide and pay for the costs of all street lights, lighting, and electrical costs, as may be required by the Ripon Lighting District, prior to acceptance of any portion of the project into the Ripon Lighting District. k. Irrigation Facilities. Owner/Developer shall be responsible for undergrounding and improvements to any South San Joaquin Irrigation District (SSJID) facilities on or near the Project, based upon consultation between the City, SSJID and Owner/Developer. For all required undergrounding and improvements, Owner/Developer shall provide improvement plans acceptable to SSJID and the City of Ripon. Without limiting the generality of the foregoing, Owner/Developer shall abandon SSJID facility “V-88dd” and underground SSJID facility lateral “V” with rubber gasket reinforced concrete pipe pursuant to the conditions of

1.4.E.b
Packet Pg. 140 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 39 -
approval letter received from SSJID dated August 17, 2016 (attachmented 23).

Owner/Developer further agrees to improve any above ground irrigation control boxes by wrapping them in stone veneer (Attachment 24) or an alternative covering as approved by the City Engineer. All improvements required of Owner/Developer pursuant to this Section must be completed and/or appropriate improvement security provided prior to recording the Final Map for the Project. Additionally, the required undergrounding of lateral “V” can be deferred until half of the residential units for the project are built. Such improvement deferral shall include a plan depicting location of residential unit construction furthest from the SSJID lateral “V” as approved by the City Engineer.

Additionally, the Owner/Developer reserves the right to apply for a Local Benefit District pursuant to City of Ripon’s Municipal Code Chapter 16.216 for reimbursement of its proportionate share of improvements that benefit the north property that are not reimbursable through the NPSP Fee program.
l. Water Metering Devices. Owner/Developer agrees to install waters meters, meter setting devices and meter boxes for each unit in the development. Said water metering devices shall be of a type and quality as approved by the City Engineer. m. Public Utility Easement. Owner/Developer agrees to dedicate a ten (10) foot wide public utility easement (PUE) along the frontages of all streets, as approved by the City Engineer. Owner/Developer further agrees to provide cable, telephone, gas and electric to each residential unit.
n. Existing Private Wells and Septic Systems. Prior to construction of the project, Owner/Developer agrees that any existing private water wells within the Project shall be

1.4.E.b
Packet Pg. 141 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 40 -
destroyed under permit and inspection by the San Joaquin County Environmental Health Division, and any existing septic tanks/systems shall be destroyed by inspection of the San Joaquin County Environmental Health Division.

7. Other Project Improvements and Requirements:

Owner/Developer further agrees to the following provisions for the development of the Project:
a. Demolition and removal of all existing structures. Owner/Developer agrees to demolish and remove all existing structures on the project site prior to receiving final approval of the subdivision improvements. Owner/Developer shall acquire appropriate demolition permits from the City of Ripon Building Department prior to removal of any structures. b. City of Ripon Public Safety Technology Improvements. Owner/Developer agrees to pay their proportionate share for City of Ripon Public Safety Technology Improvements. Such fees shall be used by the City to install and expand the City’s security video camera system, the City’s license plate reader system, etc. Fees shall be based on a per unit proportionate share basis for expansion of the existing system, which in 2017 dollars, amounts to $191.21 per unit. The Public Safety Technology fee shall be collected upon execution of the Subdivision Improvement Agreement and will be annually indexed based on the Engineers News Construction Index as published by the City of Ripon Department of Planning and Economic Development. Placement of such City Security Video Cameras, License Plate Readers, etc. shall be as approved by the Ripon Police Department.

1.4.E.b
Packet Pg. 142 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) Meadowood (4/3/20253/31/2025) - 41 -
c. City of Ripon Traffic Safety. Owner/Developer agrees to install one (1) AC powered speed indicator sign along Fulton Avenue once all improvements are completed. The location and selection of the speed indicator sign shall be as approved by the Ripon Police Department. d. Construction Traffic. Owner/Developer agrees that, during any construction within or as part of the overall Development, all existing roadways as of the date of this Agreement shall, at all times, remain passable to a minimum of two lanes of traffic, one in each direction, unless as otherwise approved by the City Engineer. Owner/Developer shall also control any dust problems, which may occur in connection with the actual construction of the Project.

Owner/Developer further agrees that at any time the Ripon Police Department determines that there are insufficient useable traffic lanes or that a dust problem exists in the area of construction, Owner/Developer shall immediately cease work upon written demand of City until the traffic and/or dust problem is remedied.
e. Compliance With Other Conditions. Owner/Developer shall comply with all conditions of the approved Tentative Subdivision Map, as well as any mitigation measures imposed pursuant to the Mitigated Negative Declaration. Furthermore, Owner/Developer shall comply with all conditions and requirements of the North Pointe Specific Plan.

1.4.E.b
Packet Pg. 143 Attachment: Meadowood DA Amendment #2 - Redlined Version (4629 : Meadowood Development Agreement - Amendment No. 2) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 04/08/2025
Subject: Wastewater Treatment Plan Groundwater Monitoring and Reporting Change Order 11
RECOMMENDED ACTION:

Approve Change Order No. 11 with Stantec Consulting Services, Inc. to extend their quarterly and annual groundwater monitoring and reporting at the Ripon Wastewater Treatment Facility until February 29, 2028, in the not to exceed amount of $39,000 (funding source: Sewer Enterprise Operating Fund).

BACKGROUND:

At the October 7, 2003 City Council meeting, Council entered into a Professional Services Agreement with Stantec Consulting Services, Inc. to provide annual groundwater monitoring and reporting at the Wastewater Treatment Facility, as required by the City’s Waste Discharge Permit requirements. Subsequently, Addendum Numbers 1 through 9 were issued extending the contract time.

At the March 8, 2022 City Council meeting, Council approved Change Order No. 10 in the not to exceed amount of $39,350 extending the contract through June 30, 2024.

DISCUSSION:

Staff is requesting an additional contract extension for Stantec Consulting Services, Inc. to continue providing quarterly and annual groundwater monitoring reports for the City’s Wastewater Treatment Facility. This extension would cover reporting from the first quarter of 2025 through the fourth quarter and annual report for 2027.

FISCAL IMPACT:

The attached Change Order No. 11 outlines a not-to-exceed cost of $39,000 for continued groundwater monitoring and reporting services by Stantec Consulting Services, Inc., with funding provided through the Sewer Enterprise Operating Fund.

1.4.F
Packet Pg. 144
Attachments:

1. Stantec_CO11

1.4.F
Packet Pg. 145

PROFESSIONAL SERVICES AGREEMENT CHANGE ORDER
V:\1840\active\184030139\Contract Agreements and Addendums\250305 - city_of_ripon_addendum_co_11_184030139_RIPN03-002_rev2.docx Change Order # Change Order No 11 Date 5 March 2025
“STANTEC” STANTEC CONSULTING SERVICES INC.

STANTEC Project # 184030139
1340 Treat Blvd. Suite 300, Walnut Creek, CA
Ph: (925) 296-2126 Fx:
email: [email protected]

CLIENT CITY OF RIPON
Client Project #
259 N. Wilma Ave., Ripon, CA 95366
Ph: (209) 599-2108 Fx:
email: [email protected]
Project Name and Location: Groundwater Monitoring and Reporting In accordance with the original Professional Services Agreement dated 7 October 2003 and Change Orders thereto, the Agreement changes as detailed below are hereby authorized.

This change order has been prepared and authorizes groundwater reporting services in three-year increments.

Accordingly, beginning with the first quarter 2025 report, this addendum will expire with the completion of the fourth quarter/annual report for 2027 groundwater monitoring report and by February 29, 2028.

Task 1: Continued Groundwater Monitoring and Reporting for the WWTF Note that this change order task only extends the contract time for preparation of your Regional Board required quarterly and annual groundwater monitoring reports for the City’s WWTF. We propose to prepare your quarterly reports for a fee of $2,500 (1st, 2nd, and 3rd quarters) and the annual report for a fee of $5,500 (yearly total of not to exceed $13,000 per year for a total through the fourth quarter 2027 report of $39,000).

TOTAL CHANGE ORDER AUTHORIZATION: $39,000
Effect on Schedule: None
Payments shall be made in accordance with the original agreement terms. All other items and conditions of the original Agreement shall remain in full force and effect.

STANTEC CONSULTING SERVICES INC. CITY OF RIPON
Thomas Butler, Principal
Hydrogeologist Daniel de Graaf, Mayor
Print Name and Title Print Name and Title
Signature Signature
Date Signed: 3/5/2025 Date Signed:

1.4.F.a
Packet Pg. 146 Attachment: Stantec_CO11 (4636 : Wastewater Treatment Plan Groundwater Monitoring and Reporting Change Order 11) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/08/2025
Subject: Padilla & Associates, Inc. - DBE
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the agreement with Padilla & Associates, Inc. for Disadvantage Business Enterprise (DBE) annual reporting requirements as mandated for federally funded projects in the not to exceed amount of $4,515.00 (funding source: Street and Road Operating Fund).

BACKGROUND:

The City of Ripon must comply with the Code of Federal Regulations and Caltrans procedures regarding Disadvantaged Business Enterprises (DBEs) as a condition of receiving federal funds.

As part of these requirements, the City must submit a completed Local Agency DBE Annual Submittal Form (Exhibit 9-B) to Caltrans by June 30 each year, following the end of the federal fiscal year. Additionally, for each federally funded construction project, the City is required to establish contract-specific DBE goals.

The DBE program is designed to ensure that federally assisted contracts for highway, transit and aviation projects provide opportunities for small businesses owned and controlled by socially and economically disadvantaged individuals.

DISCUSSION/ANALYSIS:

Staff requested a proposal from Padilla & Associates, Inc. to perform DBE-required services for FY 2025-2026 and FY 2026-2027. The firm has previously assisted the City with DBE requirements successfully. A proposal outlining the necessary tasks for the City’s DBE program has been submitted and is attached as Exhibit A.

FISCAL IMPACT:

The cost of consulting services for DBE-required tasks in FY 2025-2026 and FY 2026-2027 will be paid for through the Street and Road Operating Fund. The attached services agreement with

1.4.G
Packet Pg. 147
Padilla & Associates, Inc. is for a not to exceed amount of $4,515.00.

Attachments:

1. Services Agreement_Padilla & Associates

2. Exhibit A_Padilla Proposal

1.4.G
Packet Pg. 148
Professional Services Agreement - Page 1 of 7
DBE Reporting Services
Padilla & Associates, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
PADILLA & ASSOCIATES, INC.

This Agreement for Professional Services (“Agreement”) is entered into on, April 8, 2025 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Padilla & Associates, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as “Exhibit A”. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Four Thousand Five Hundred Fifteen Dollars for all work described within the Cost Proposal set forth in “Exhibit A” and made a part of this Agreement.

2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.4.G.a
Packet Pg. 149 Attachment: Services Agreement_Padilla & Associates (4639 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 2 of 7
DBE Reporting Services
Padilla & Associates, Inc.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

3.5 All Policies Requirements.

3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.

1.4.G.a
Packet Pg. 150 Attachment: Services Agreement_Padilla & Associates (4639 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 3 of 7
DBE Reporting Services
Padilla & Associates, Inc.

3.5.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.

Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)

4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

Section 5. STATUS OF CONSULTANT.

5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City.

Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.

1.4.G.a
Packet Pg. 151 Attachment: Services Agreement_Padilla & Associates (4639 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 4 of 7
DBE Reporting Services
Padilla & Associates, Inc.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;

7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in “Exhibit A,” if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which

1.4.G.a
Packet Pg. 152 Attachment: Services Agreement_Padilla & Associates (4639 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 5 of 7
DBE Reporting Services
Padilla & Associates, Inc.
is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.

8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party").

The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

1.4.G.a
Packet Pg. 153 Attachment: Services Agreement_Padilla & Associates (4639 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 6 of 7
DBE Reporting Services
Padilla & Associates, Inc.

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Kevin Werner, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Consultant shall be sent to:

Patricia K. Padilla
Principal
Padilla & Associates, Inc.
211 E. City Place Drive
Santa Ana, CA 92705
Any written notice to the City shall be sent to:

Mr. Kevin Werner
Administrator/City Engineer
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

1.4.G.a
Packet Pg. 154 Attachment: Services Agreement_Padilla & Associates (4639 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 7 of 7
DBE Reporting Services
Padilla & Associates, Inc.

9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF RIPON CONSULTANT
Daniel de Graaf, Mayor Patricia K. Padilla, Principal
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra Jr, City Attorney

1.4.G.a
Packet Pg. 155 Attachment: Services Agreement_Padilla & Associates (4639 : Padilla & Associates, Inc. - DBE) FHWA DBE SERVICES FOR CITY OF RIPON FY25-27

EXHIBIT A, SCOPE OF SERVICES AND ASSOCIATED COST PROPOSAL APRIL 1, 2025
Padilla & Associates, Inc.
211 E. City Place Dr.

Santa Ana, CA 92705
Exhibit A
Scope of Services Cost Proposal
General and Technical Assistance

TASK SCOPE FIXED FEE COST
1 Exhibit 9-B Preparation:

Preparation of Caltrans Exhibit 9-B including preparation of all required correspondence necessary for submission to Caltrans and/or other DOT Operating Administrations to facilitate their respective approvals including but not limited to:
• Identification and updates to of City of Ripon’s DBELO; • Confirmation and application of changes to Organizational Chart;
• Preparation of the Race-Neutral Measures the City intends to Implement;
• Providing guidance to the City and application of updates to the monitoring and Prompt Payment enforcement mechanisms in place; and
• Preparation of Transmittal Letter and contact details for issuance to appropriate Caltrans District Local Assistance Engineer.
$1,650.00
(2 @ $825.00 each)
2 Contract-Specific Goals::

Padilla & Associates, Inc. will Develop contract-specific DBE Goal(s) and determination of Race-Neutral and/or Race-Conscious application in accordance with Caltrans’ published directives. $2,865.00
(3 @ $955.00 each)
3 Pre and Post award DBE Compliance Monitoring, Consulting and Provision of Technical Assistance:

Provide DBE compliance monitoring, consulting, and technical assistance services to the City of Ripon to ensure compliance in Program delivery in accordance with the Federal Disadvantaged Enterprise Regulations under Title 49 Code of Federal Regulations Part 26; Participation by Disadvantaged Business Enterprise in Department of Transportation Financial Assistance Programs and Caltrans’ Local Assistance Procedures Manual (LAPM) to include but not limited to:
• Review of the City’s procurement solicitation templates to ensure that the language utilized, forms and information included reflect changes to federal regulatory requirements in conformance with the Final Rule of Title 49 Part 26 effective May 9, 2024 and all Caltrans LAPM updates;
• Pre-award Responsiveness Reviews to determine
Bidders/Proposers compliance with solicitation DBE
requirements;
Hourly Rate*

1.4.G.b
Packet Pg. 156 Attachment: Exhibit A_Padilla Proposal (4639 : Padilla & Associates, Inc. - DBE) FHWA DBE SERVICES FOR CITY OF RIPON FY25-27

EXHIBIT A, SCOPE OF SERVICES AND ASSOCIATED COST PROPOSAL APRIL 1, 2025
Padilla & Associates, Inc.
211 E. City Place Dr.

Santa Ana, CA 92705
• Comprehensive pre-award Good Faith Effort analysis and recommendation of responsiveness to DBE requirements;
• Preparation of DBE presentation materials and participation in Pre-Bid/Pre-Proposal meetings to provide an overview of DBE Program, good faith effort criteria and solicitation DBE requirements;
• Preparation of DBE related materials and participation in PreJob Kick-Off meetings to provide overview of contractspecific DBE program requirements.

Monthly contract monitoring including confirmation of receipt of compliance documents and reporting, analysis of reporting for errors or discrepancies, monitoring of DBE commitments and attainments towards those commitments, subcontractor payment verification, compliance with prompt payment provisions, commercially useful function evaluations and determinations, and preparation of discrepancy notices to effectuate Contractor compliance with all contract and Program DBE requirements.

Total Not-to-Exceed Cost $4,515.00
STAFF RATES FOR NON-FIXED FEE CONSULTING**
Classification Fully Burdened Rate Range (Hourly)
Principal $283.25
Project Manager $192.96
Compliance Officer II $119.20 - $131.83
* Hourly rates to be billed in 30-minute increments at one half the hourly rate for every 30 minutes or portion thereof. ** Fully Burdened Rates are subject to a 3% annual escalation increase per calendar year.

1.4.G.b
Packet Pg. 157 Attachment: Exhibit A_Padilla Proposal (4639 : Padilla & Associates, Inc. - DBE) Padilla
Specialized Management, Public Contract Compliance Monitoring, Training & Strategic Outreach Consulting
Corporate Office
205 E. City Place Drive ,Santa Ana, CA 92705
Phone (714) 568-0363 Fax (714) 973-1229 E-mail: [email protected] Promoting Excellence Through Partnerships
TRANSMITTED VIA E-MAIL: [email protected]
April 1, 2025
Carla Rodriguez
City of Ripon - Engineering
259 N. Wilma Ave.

Ripon, CA 95366
RE: City of Ripon: FHWA DBE Services 2025-2027
Dear Ms. Rodriguez,
Padilla & Associates, Inc. is pleased to submit for your review and consideration the enclosed Proposal to provide assistance to the City of Ripon in the development of its FHWA DBE Services in accordance the (U.S.

DOT DBE Program (Title 49 CFR Part 26) and the Caltrans Local Assistance Procedures Manual (LAPM).

Padilla & Associates Inc. is highly qualified to perform all proposed services, and possesses the required depth of qualifications and relevant experience, as our firm:
➢ Three decades of experience in these core areas, with particular emphasis in the design, development and implementation of DBE Programs that have served as Best Practice models within the industry; ➢ A highly qualified professional team, with specialized expertise in the facilitation of federal DBE programs, contract-specific goal setting, certification, monitoring, evaluation, and reporting; ➢ Extensive knowledge of industry standards, processes, and practices, including Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA) and Federal Railroad Administration (FRA) experience; and ➢ A distinguishable and unmatched record of success in meeting program directives utilizing proactive and well planned compliance and mitigation strategies.

Padilla & Associates, Inc. is confident our proposed approach will facilitate our clients’ compliance and timely responsiveness to meeting all of its regulatory requirements in these important areas.

Should you have any questions regarding any aspect of the enclosed Proposal, please do not hesitate to contact Jared Pappas or myself at (714) 973-1335. We look forward to working with you on this important program.

Sincerely,
Patricia K. Padilla, President

1.4.G.b
Packet Pg. 158 Attachment: Exhibit A_Padilla Proposal (4639 : Padilla & Associates, Inc. - DBE) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 04/08/2025
Subject: Fleet Maintenance Facility Change Order 16
RECOMMENDED ACTION:

Approve Change Order No. 16 for additional gas line shoring and modifications to the HVAC units in the not to exceed amount of $14,314 (funding sources: Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).

BACKGROUND:

The Fleet Maintenance Facility Project was awarded to Diede Construction, Inc. at the December 13, 2022 City Council meeting for an amount of $11,156,000. The Fleet Maintenance Facility Project will involve the construction of a 12,500 square foot maintenance building and parking lot.

At the March 14, 2023 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $288,622 for raising the elevation of the existing berm at the Wastewater Treatment Plant disposal ponds in order to provide additional storage capacity.

At the June 13, 2023 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $1,466 for additional survey staking.

At the July 26, 2023 City Council meeting, Council approved Change Order No. 3 in the not to exceed amount of $132,150 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements.

At the August 8, 2023 City Council meeting, Council approved Change Order No. 4 in the not to exceed amount of $4,889 for countertop leg panels, additional concrete for sidewalk, and filling an underground concrete pipe.

1.4.H
Packet Pg. 159
At the September 12, 2023 City Council meeting, Council approved Change Order No. 5 in the not to exceed amount of $62,905 for various contract changes related to unforeseen field conditions, electrical design changes, and new Modesto Irrigation District (MID) requirements.

At the November 14, 2023 City Council meeting, Council approved Change Order No. 6 in the not to exceed amount of $10,424 for an additional structural column, addition of power to electric trap primers, modifying existing storm drain manhole elevation, and piping credit.

At the December 12, 2023 City Council meeting, Council approved Change Order No. 7 in the not to exceed amount of $26,385 for additional grading and paving, restroom wall tile changes, fixture credit, and doorframe and hardware changes.

At the February 13, 2024 City Council meeting, Council approved Change Order No. 8 in the not to exceed amount of $11,920 for flagpole modifications, electric vehicle charging station conduit, and a credit for the removal of skylights from the contract.

At the March 12, 2024 City Council meeting, Council approved Change Order No. 9 in the not to exceed amount of $9,940 for electrical additions to power flush valves and a credit for omitted landscaping and an error on Change Order No. 8.

At the April 9, 2024 City Council meeting, Council approved Change Order No. 10 in the not to exceed amount of $70,966.50 for installation of gas and communication conduits across Doak Boulevard.

At the May 14, 2024 City Council meeting, Council approved Change Order No. 11 in the not to exceed amount of $93,574.00 for installation of a gas conduit to wash equipment, electrical rework, installation of HVAC condensate lines, and installation of a backflow device.

At the June 11, 2024 City Council meeting, Council approved Change Order No. 12 in the not to exceed amount of $1,919 for corner guards and the installation of address signage not shown in the original contract drawings.

At the July 9, 2024 City Council meeting, Council approved Change Order No. 13 in the not to exceed amount of $28,917 for additional electrical circuit, vinyl window tint, and gas piping.

At the September 10, 2024 City Council meeting, Council approved Change Order No. 14 in the not to exceed amount of $7,289 for electrical modifications not shown on the original plans and the addition of rubber base board to bottom of the walls inside the shop.

At the October 8, 2024 City Council meeting, Council approved Change Order No. 15 for electrical modifications in the not to exceed amount of $9,295.

DISCUSSION:

The Fleet Maintenance Facility Project has the following contract changes:

1.4.H
Packet Pg. 160
Additional shoring was required by PG&E during the gas tie-in excavation above and beyond what was initially anticipated due to the depth and location of the main line. The cost for this additional work is $2,694.

Automatic shutdown switches/wiring were added to the HVAC units and tied into the fire alarm system in order to shut down all airflow in the event of a fire. This was not originally included in the design although was required as part of the final Fire Department approval. The cost for this change is $11,620.

The additional work is to be billed at a cost not to exceed $14,314.

FISCAL IMPACT:

The attached Change Order No. 16 is in the amount of $14,314 and will be allocated to the Corp Yard AB1600 Fund (47.0%), Water, Sewer and Storm Enterprise Capital Funds (15.8%) and General Capital Fund (37.2%). The amended construction contract price is shown in Table 1.

Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-16) $ 774,975.50
Current Contract Price $ 11,930,975.50
On December 13, 2022, City Council approved the total cost of the Fleet Maintenance Facility Project which included $1,115,600 for construction contingency. Change Order No. 1 did not utilize the project contingency because the work was performed at the Wastewater Treatment Plant disposal ponds. The total remaining contingency after subtracting Change Orders No. 2 through 16 is 629,246.50.

Attachments:

1. CO 16

1.4.H
Packet Pg. 161

CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 16 DATE: 4/8/2025
PROJECT: Fleet Maintenance Facility Project SHEET 1 OF 1 SHEETS TO: Diede Construction, Inc.

NOTE: This change order is not effective until approved by the CITY ENGINEER.

Description Cost
Addition of the following items:

PC 165 - Additional shoring requested by PG&E during gas tie-in work $2,694.00 PC 177 - Automatic shutdown capability to HVAC make up air units per fire dept. $11,620.00 Total: $14,314.00
Not to Exceed Cost: Increase
Approval Recommended: Date:

Approved: Date:

Accepted, Date _____________________ Contractor
By ________________________________ Title
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.

Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Change requested by the Engineer.

If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

All work shall be in accordance with City Standards.

Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$14,314.00
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 3 Calendar Day

1.4.H.a
Packet Pg. 162 Attachment: CO 16 (4642 : Fleet Maintenance Facility Change Order 16) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 04/08/2025
Subject: Goodwin Consulting Group, Inc.

RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Goodwin Consulting Group, Inc. for the preparation of the Development Impact Fee Nexus Study in the not to exceed amount of $59,000.

BACKGROUND:

The City utilizes a number of funds to conduct the business of the various City departments.

These funds are classified by three categories - “Operating Funds”, “Capital Funds”, and “Restricted Funds”.

The Capital Fund category includes three sub-categories, as described below:
 General Capital Funds – At the City Council’s discretion, funds are transferred from the General Fund to be used for capital projects/purchases or to reserves.  Enterprise Capital Funds – By resolution, revenue from the designated operating fund (e.g., Water Operating Fund) are transferred to the designated enterprise capital fund (e.g., Water) for equipment and infrastructure replacement.  PFFP Capital Funds – The various Public Facilities Financing Plan (PFFP) Capital Funds track revenue and expenses for the different designated fund categories. The revenue is from development and restricted to fund infrastructure needed to support growth.

The City is required to report its AB1600 Development Impact Fees, which are also referred to as PFFP Capital Fees. There is both an annual requirement and a five-year findings reporting requirement. These reports are written using the City’s Development Impact Fee Nexus Study (Study) which is updated every eight years. The Study was last updated in 2017 by Goodwin Consulting Group, Inc. (GCG).

1.4.I
Packet Pg. 163
DISCUSSION/ANALYSIS:

GCG provided a scope of work to update the Study. The update will ensure that the impact fees being levied by the City are in compliance with the nexus requirements of Assembly Bill 1600 and updates made in Assembly Bill 602.

Updated development impact fees will be calculated for the following City infrastructure:
 Transportation
 Water
 Wastewater
 Storm Drainage
 Parks & Recreation
 Library
 City Hall
 Police
 Corporation Yard
In support of this effort, City staff will update the various infrastructure master plans that are used by GCG, although, a consultant is recommended to update the City’s wastewater treatment plant facilities master plan. Staff will present a scope and fee for this work separately.

GCG will produce a draft Study along with a comparison of other jurisdictions development fees, which will be presented to the City Council for input before the final Study is presented for adoption.

FINANCIAL IMPACT:

The cost to perform this work is $59,000, which will be allocated to the various AB1600 funds.

Attachments:

1. Services Agreement_Goodwin Consulting Group, Inc

2. Exhibit A & B_Goodwin Consulting Proposal

1.4.I
Packet Pg. 164
Professional Services Agreement - Page 1 of 7
AB1600 Fee Justification Study
Goodwin Consulting Group, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
GOODWIN CONSULTING GROUP, INC.

This Agreement for Professional Services (“Agreement”) is entered into on, April 8, 2025 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Goodwin Consulting Group, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as “Exhibit A”. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Fifty Nine Thousand Dollars for all work described within the Cost Proposal set forth in “Exhibit A” and made a part of this Agreement.

2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.4.I.a
Packet Pg. 165 Attachment: Services Agreement_Goodwin Consulting Group, Inc (4641 : Goodwin Consulting Group, Inc.) Professional Services Agreement - Page 2 of 7
AB1600 Fee Justification Study
Goodwin Consulting Group, Inc.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

3.5 All Policies Requirements.

3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.

1.4.I.a
Packet Pg. 166 Attachment: Services Agreement_Goodwin Consulting Group, Inc (4641 : Goodwin Consulting Group, Inc.) Professional Services Agreement - Page 3 of 7
AB1600 Fee Justification Study
Goodwin Consulting Group, Inc.

3.5.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.

Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)

4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

Section 5. STATUS OF CONSULTANT.

5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City.

Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.

1.4.I.a
Packet Pg. 167 Attachment: Services Agreement_Goodwin Consulting Group, Inc (4641 : Goodwin Consulting Group, Inc.) Professional Services Agreement - Page 4 of 7
AB1600 Fee Justification Study
Goodwin Consulting Group, Inc.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;

7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in “Exhibit A,” if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which

1.4.I.a
Packet Pg. 168 Attachment: Services Agreement_Goodwin Consulting Group, Inc (4641 : Goodwin Consulting Group, Inc.) Professional Services Agreement - Page 5 of 7
AB1600 Fee Justification Study
Goodwin Consulting Group, Inc.
is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.

8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party").

The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

1.4.I.a
Packet Pg. 169 Attachment: Services Agreement_Goodwin Consulting Group, Inc (4641 : Goodwin Consulting Group, Inc.) Professional Services Agreement - Page 6 of 7
AB1600 Fee Justification Study
Goodwin Consulting Group, Inc.

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Kevin Werner, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Consultant shall be sent to:

Cindy Yan
Principal
Goodwin Consulting Group, Inc.
655 University Avenue, Suite 200
Sacramento, CA 95825
Any written notice to the City shall be sent to:

Mr. Kevin Werner
Administrator/City Engineer
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

1.4.I.a
Packet Pg. 170 Attachment: Services Agreement_Goodwin Consulting Group, Inc (4641 : Goodwin Consulting Group, Inc.) Professional Services Agreement - Page 7 of 7
AB1600 Fee Justification Study
Goodwin Consulting Group, Inc.

9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF RIPON CONSULTANT
Daniel de Graaf, Mayor Cindy Yan, Principal

Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra Jr, City Attorney

1.4.I.a
Packet Pg. 171 Attachment: Services Agreement_Goodwin Consulting Group, Inc (4641 : Goodwin Consulting Group, Inc.) City of Ripon Nexus Study A-1 Scope of Work

EXHIBIT A

CITY OF RIPON

DEVELOPMENT IMPACT FEE NEXUS STUDY

SCOPE OF WORK
Goodwin Consulting Group, Inc. (GCG) will assist the City of Ripon (City) with preparing the City’s Development Impact Fee Nexus Study. The fees will be updated in accordance with the nexus requirements of Assembly Bill 1600 (Section 66000 et. seq. of the Government Code).

Additionally, GCG will evaluate the existing fee methodologies and update as required to comply with new impact fee requirements pursuant to Assembly Bill 602 (AB 602) that went into effect in 2022. Pursuant to the requirements set forth in the Mitigation Fee Act, the final report provided by GCG will achieve the following objectives:

1. Identify the purpose of the fee.

2. Identify the use to which the fee will be put.

3. Determine that there is a reasonable relationship between the fee’s use and the type of development on which the fee is imposed.

4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the facility attributable to the development on which the fee is imposed.

The fee components in the Nexus Study will provide fee funding for the following facilities or costs:
• Transportation Facilities
• Water Facilities
• Wastewater Facilities
• Storm Drainage Facilities
• Parks and Recreation Facilities
• Library Facilities
• City Hall Facilities
• Police Vehicles and Facilities
• Corporation Yard Facilities

1.4.I.b
Packet Pg. 172 Attachment: Exhibit A & B_Goodwin Consulting Proposal (4641 : Goodwin Consulting Group, Inc.) City of Ripon Nexus Study A-2 Scope of Work
Following is a summary of the tasks that will be provided by GCG to ensure compliance with the governmental requirements set forth above:

Task 1. Kickoff Meeting
GCG will meet with City staff to discuss the scope of services, obtain technical studies associated with facilities for which fees are being calculated, discuss facility standards, including existing surpluses or deficits in facilities, review historic growth in the City, and generally coordinate the work effort. GCG will discuss various nexus methodologies, assumptions, approaches, and considerations to make the Fee Nexus Study defendable pursuant to current case law related to development fees. GCG will also identify other information that will be needed from the City, such as facilities master plans, specific plans, etc.

Task 2. Research and Data Collection
GCG will coordinate with City staff to gather data on existing land uses within the City, the appropriate growth horizon or area of benefit for the nexus study, and projections of future residential and non-residential growth in the City. If needed, GCG will also review projections from the Department of Finance, the local Council of Governments, and other sources. GCG will also work with City staff to confirm assumptions for cost allocation units for each facility type, including residential and non-residential service populations for police, fire, municipal buildings, and other facilities.

GCG will also work with City staff to confirm the land use categories for which impact fees will be calculated. This determination will start with a discussion of the categories used in the existing fee program and whether the categories should be expanded. If, in coordination with City staff, it is determined that fee benefit areas/fee zones are appropriate for any type of facility, GCG will also work with public works and planning staff to identify the boundaries for, and land uses within, each fee zone.

Task 3. Facility Requirements and Cost Estimates
GCG will coordinate with City staff and consulting engineers to identify facilities that will be required to serve future development in the City. GCG will review all technical and planning studies prepared in association with facilities included in the fee program and will collect all relevant planning and construction documents available from the City. To the extent available, GCG will rely on these documents to identify facilities costs, demand factors used to size the capital facilities, and design and contingency estimates. GCG will provide input and assistance to the City as City staff develops required facilities costs, if necessary.

Task 4. Impact Fee Analysis and Fee Comparison
Once the City has finalized the list of capital improvements to be included in the fee program, GCG will allocate the related facility costs to existing (if applicable) and future development based on cost allocation units. GCG will also work with City staff to apply current fee balances to specific facilities and to determine whether alternate funding sources exist for any facilities included in the fee program. Based on this analysis, GCG will calculate an impact fee for each

1.4.I.b
Packet Pg. 173 Attachment: Exhibit A & B_Goodwin Consulting Proposal (4641 : Goodwin Consulting Group, Inc.) City of Ripon Nexus Study A-3 Scope of Work
type of facility that will be in compliance with the nexus requirements set forth in AB 1600 and AB 602. In addition, GCG will provide the City with a fee comparison survey of commercial/industrial development impact fees for similar-sized cities in the region so that staff can see how competitive the updated draft fees are with those in other cities. The comparison will include adopted impact fees only; infrastructure costs funded through development agreements and/or other financing districts will not be included.

Task 5. Report Preparation
This task involves summarizing all data and assumptions used to determine the impact fees and presenting the findings in a Development Impact Fee Nexus Study. The report will identify all facilities to be funded by the plan, outline the nexus argument for the impact fee amounts and provide a clear discussion of how fees were calculated. GCG will clearly summarize the existing and proposed facility standards, and the assumptions and sources used to develop these standards.

The report will also identify the cost allocation methodology used to determine the fair share cost for new and existing land uses. Finally, the report will include a discussion of the importance of and procedures associated with an annual update of the fees, as well as accounting, reporting, and administrative procedures that are required pursuant to AB 1600 and AB 602. GCG will provide the City a draft version of the report and finalize the draft report after comments are received from City staff.

Task 6. Presentation of Materials - Workshops
Once the draft fee study has been completed, GCG will meet with City staff to present the fee analysis and report and solicit staff feedback. After staff comments and revisions have been incorporated into an updated fee study, GCG will then present the draft fees at two separate City workshops in order to solicit feedback from residents, stakeholders, and representatives of the development community. Based on feedback from these workshops, GCG will coordinate with City staff to determine if additional revisions will be made to the draft report before it is presented to the City Council.

Task 7. Final Impact Fee Study and Presentation
After incorporating changes that may result after meetings included in the prior task, GCG will produce a final fee study and present the study to the City Council. GCG will prepare a Power Point presentation summarizing the key assumptions and conclusions in the fee study.

Task 8: Meeting Attendance
GCG will attend up to six in-person meetings, which may include working group meetings and/or City Council meetings. Virtual meetings are not included in this limitation.

1.4.I.b
Packet Pg. 174 Attachment: Exhibit A & B_Goodwin Consulting Proposal (4641 : Goodwin Consulting Group, Inc.) City of Ripon Nexus Study B-1 Budget and Fee Schedule

EXHIBIT B

CITY OF RIPON

UPDATE OF THE CAPITAL FACILITIES FEE NEXUS STUDY

BUDGET/FEE SCHEDULE

1. Services
Goodwin Consulting Group, Inc. (GCG) proposes a maximum budget of $59,000 to perform the scope of services set forth above, which includes expenses as outlined below. This budget represents a maximum amount not to be exceeded, subject to the limitations identified below.

Additional consulting services beyond those included in the scope of services (“Out of Scope Services”) may be provided within the maximum budget if total hourly billings are less than the budget maximum.

Goodwin Consulting Group, Inc.
2025 Billing Rates
Managing Principal $375/Hour
Senior Principal $360/Hour
Principal $325/Hour
Senior Vice President $305/Hour
Vice President $285/Hour
Senior Associate $260/Hour
Associate $245/Hour
Analyst $225/Hour
Research Assistant $95/Hour
* The rates reflected above are valid through December 31, 2025 and may be adjusted thereafter.

2. Expenses
GCG shall be reimbursed for all direct costs such as travel mileage, data purchases, and overnight delivery.

3. Billing Structure
GCG shall submit monthly invoices to the City providing details of services rendered and expenses incurred. Invoices are due and payable within 30 days. “Out of Scope Services” (as defined below) will be billed at the hourly rates listed above if performing such Out of Scope Services causes the maximum budget to be exceeded.

1.4.I.b
Packet Pg. 175 Attachment: Exhibit A & B_Goodwin Consulting Proposal (4641 : Goodwin Consulting Group, Inc.) City of Ripon Nexus Study B-2 Budget and Fee Schedule

4. Out of Scope Services
GCG shall bill on a time and materials basis if the following Out of Scope Services are provided and billings for these services cause the maximum budget to be exceeded:
• Attendance at more than six (6) in-person meetings (additional meetings will be charged at a rate of $1,200 per meeting)
• Incorporation and calculation of additional fee components other than those discussed in the scope of services
• Substantial revisions to the land use, facilities or cost estimates after a draft report has been submitted.

1.4.I.b
Packet Pg. 176 Attachment: Exhibit A & B_Goodwin Consulting Proposal (4641 : Goodwin Consulting Group, Inc.)

AGREEMENT FOR CONSULTING SERVICES
Client City of Ripon
Services to be Provided Development Impact Fee Nexus Study Compensation and Out of Pocket
Expenses
See attached Exhibit B.

Billing Procedures Monthly Invoice
(due within 45 days of receipt)
Goodwin Consulting Group (GCG) shall provide the services outlined in Exhibit A, attached hereto. In exchange for such services, Client agrees to compensate GCG according to the billing procedures set forth above in an amount not to exceed the maximum budget identified in the attached Exhibit B.

City of Ripon
____________________________________
By:
____________________________________
Title
Goodwin Consulting Group, Inc.
____________________________________
Cindy Yan
Principal

1.4.I.b
Packet Pg. 177 Attachment: Exhibit A & B_Goodwin Consulting Proposal (4641 : Goodwin Consulting Group, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 04/08/2025
Subject: Proclamation - Ripon Christian High School
RECOMMENDED ACTION:

Present a proclamation to Ripon Christian High School in recognition of its outstanding athletic accomplishments.

Attachments:

1. Ripon Christian Fall_Winter Proclamation

1.4.J
Packet Pg. 178

1.4.J.a
Packet Pg. 179
Attachment: Ripon Christian Fall_Winter Proclamation (4591 : Proclamation - Ripon Christian High School) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 04/08/2025
Subject: Chapter 5.08 Bingo
RECOMMENDED ACTION:

This Ordinance amends Chapter 5.08 “Bingo” to allow alcohol beverages to be served or consumed where bingo games are conducted and repeal sections of the Chapter referencing remote caller bingo games.

BACKGROUND:

The California State Constitutions does not give power to the State for lotteries, horse races, bingo or casinos. However, Article IV, Section 19(c) of the California Constitution authorizes cities to allow bingo games within their jurisdiction, but only for non-profit organizations, mobile home associations, senior citizen organizations, or school districts provided that proceeds of the bingo games are used solely for charitable purposes.

Penal Code 326.5 has further restrictions on how bingo can be conducted on the local level, which are summarized below:
 No person shall receive a profit, wage or salary from any bingo game.  Minors are not allowed to participate in any bingo game.  An organization authorized to conduct bingo games shall conduct a bingo game only on property owned or leased by it and which property is used by that organization for an office.
 Bingo games must be open to the public.
 Bingo games shall be operated and staffed only by members of the authorized organization.
 All proceeds from the bingo game are to be kept in a special fund or account.

The City of Ripon has adopted Chapter 5.08 of the Municipal Code to ensure that bingo games

2.A
Packet Pg. 180
within Ripon city limits are in compliance with the State law. In 2015, this Chapter was updated to conform with State law. As part of this update, a provision was added that precluded alcohol to be served by an organization conducting a bingo game. This provision is not a requirement of State law, nor was there any policy discussion regarding this item in 2015. Staff believes this may have been a carry-over from a model ordinance staff used for the 2015 update.

DISCUSSION:

Council Member Restuccia has requested the City Council consider amending Section

5.08.190.B.4 of the Ripon Municipal Code to allow alcohol beverages to be served or consumed during a bingo game (see attached Agenda Item Request Form).

Section 5.08.190 subsection B.4 states that, “No permittee organization or Bingo Manager shall permit any alcoholic beverages to be served or consumed in a room where a bingo game is conducted during or between the playing of the games.”
If the City Council supports amending the Ripon Municipal Code to allow alcohol beverages to be served or consumed during bingo games, staff suggests adding a provision that any organization conducting a bingo game obtain the appropriate permit from the Department of Alcohol Beverage and Control – see proposed amended language below:
“No permittee organization or Bingo Manager shall permit any alcoholic beverages to be served or consumed in a room where a bingo game is conducted during or between the playing of the games without the appropriate permit from the Department of Alcohol Beverage and Control.”
While staff was researching the state law, we found that Penal Code 326.3 regarding “remote caller” bingo games has been repealed. Staff is proposing that reference to these games be repealed from this Chapter.

Following is the proposed Ordinance recommended for first reading and introduction and attached are redline changes showing the proposed text changes to the Municipal Code and labeled “Chapter 5.08 Redline Version”.

FISCAL IMPACT:

N/A
Attachments:

1. Council Member Restuccia's agenda item request form

2. Chapter 5.08 Redline Version

2.A
Packet Pg. 181
ORDINANCE NO. 930

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 5.08 "BINGO" OF THE RIPON

MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:

SECTION 1. AMENDMENT TO CODE. Chapter 5.08 of the Ripon Municipal Code is hereby amended in its entirety to read as follows:

BINGO
Sections:

5.08.010 Short title.

5.08.020 Authority for enactment.

5.08.030 Definitions.

5.08.040 Bingo games authorized

5.08.060 California Penal Code Section 326.5 incorporated.

5.08.070 Permit required.

5.08.080 Application for permit.

5.08.090 Contents of permits.

5.08.100 Permit fee.

5.08.110 Duration of permit.

5.08.120 Investigation by police.

5.08.130 Change in facts must be reported.

5.08.140 Posting of permit and rules.

5.08.150 Operation and staffing of games.

5.08.160 Bingo manager.

5.08.170 Bingo manager permit.

5.08.180 Hours and days of operation.

5.08.190 Rules of operation.

5.08.200 Proceeds from games must be kept in separate fund.

5.08.210 Inspection of premises.

5.08.220 Permit revocation.

5.08.230 Appeal.

5.08.240 Audit and accounting requirements.

5.08.250 Civil remedies and criminal penalties.

5.08.010 Short title.

This Chapter may be cited as the City of Ripon Bingo Ordinance. (Ord. 817 §1, 2015)

5.08.020 Authority for enactment.

This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution and Penal Code section and 326.5. (Ord. 817 §1, 2015)

5.08.030 Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted

2.A
Packet Pg. 182
so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application:
“Bingo” has the meaning set forth in Penal Code section 326.5 (o) as it now exists or may hereafter be amended.
“Calendar week” means Monday through Sunday.
“City Administrator” means the City Administrator of the City of Ripon or any person he or she designates to enforce the requirements of this Chapter. “Conduct,” “operate” and “staff” all mean persons directly involved in the conduct of a bingo game and include, but are not limited to, calling numbers, distributing cards, and the awarding of prizes.
“Permittee Organization” means an organization to which the City Administrator has issued a permit to conduct bingo games under this Chapter.
“Premises” means real property within the City on which bingo games are or may be permitted under this Chapter and which are: (I) owned or leased by an organization, or property whose use of which is donated to the organization, and (ii) which is used by that organization for an office or for performance of the purposes for which the organization is organized. Premises need not be used or leased exclusively by, or donated exclusively to, a Permittee Organization. “Security personnel” means one or more persons exclusively employed to protect persons and property at bingo games. (Ord. 817 §1, 2015)

5.08.040 Bingo games authorized
A. Nothing in this Chapter shall prohibit the holding of any bingo games in compliance with the requirements of this Chapter by organizations exempted from payment of the bank and corporation tax by Sections 23701 (a), 23701 (b), 23701 (d), 23701 (e), 23701 (f), 23701 (g), 23791 (k), 23701 (l) and 23701 (w), and of the Revenue and Taxation Code, or by mobile home park associations and senior citizens organizations, and school districts, provided that the proceeds of such games are used solely for charitable purposes.

B. Bingo games for charitable purposes are authorized pursuant to Section 19, Article IV of the California Constitution, and Penal Code section 326.5, and in accordance with the provisions of this Chapter. Eligible organizations may apply for a permit to conduct bingo games in the City under the provisions of Penal Code Section 326.5 and the provisions of this Chapter. (Ord. 817 §1, 2015)

5.08.050 repealed

5.08.060 California Penal Code Section 326.5 incorporated.

Notwithstanding the provisions of Penal Code section 326.5 (a), the provisions of Penal Code section 326.5 are incorporated herein by this reference and apply along with provisions of this Chapter to control bingo games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.5, the more restrictive provision shall control. (Ord. 817 §1, 2015)

5.08.070 Permit required.

No person or organization may conduct or allow another to conduct bingo games, and no person may act as a Bingo Manager in the City without first obtaining a permit from the City Administrator to do so. (Ord. 817 §1, 2015)

2.A
Packet Pg. 183

5.08.080 Application for permit.

A. Applications for a permit to conduct bingo games in the City must be in writing on a form provided by the City Administrator and shall contain the following information:

1. The name of the applicant organization and evidence that the applicant is an eligible organization under Section 5.08.040 of this Chapter;

2. The names, and addresses and signature of the presiding officer of the applicant organization;

3. The name, address and signature of each person designated as a “Bingo Manager” pursuant to Section 5.08.160;

4. The mailing address of the applicant organization;

5. The mailing and street addresses of the premises on which bingo games will be conducted, together with the occupancy load of the room or rooms in which bingo will be played provided by the Fire Code in effect in the City when the application is made;

6. The proposed day or days of the week and hours during which the applicant organization proposes to conduct bingo games;

7. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code Section 326.5 and this Chapter, as they may be amended from time to time, and understands that the City Administrator may revoke the permit for a violation of any such provision;

8. A statement that the applicant(s) have read and are familiar with the provisions of this Chapter and will require all persons who operate or staff bingo games to read and be familiar with all provisions of this Chapter prior to operating or staffing bingo games;

9. Such other information as may be required by the City Administrator.

B. Such application shall be signed under penalty of perjury by a person or persons with authority to bind the applicant organization.

C. An applicant shall submit with an application a Certificate of Determination of Exemption from the California Franchise Tax Board showing that the organization is exempt from tax under subsections (a), (b), (d), (e), (f), (g), (k), (l) or (w) of Revenue and Taxation Code Section 23701, or a letter of good standing from the Exemption Division of the Franchise Tax Board showing an exemption under one of said sections. This subsection shall not apply to a mobile home park association, a senior citizen’s organization, or a school district. (Ord. 817 §1, 2015)

5.08.090 Contents of permits.

Upon determining that an applicant is qualified to conduct bingo games in the city, the City Administrator may issue a permit stating:

A. The name and legal nature of the organization to which the permit is issued; B. The address of the premises on which bingo games may be conducted; C. The capacity of the room or rooms in which bingo games may be conducted; D. The date the permit expires;
E. Any Bingo Managers designated pursuant to Section 5.08.160; F. Any rules for the conduct of bingo games imposed pursuant to Section 5.08.190; and, G. Such other related information as may be necessary or desirable for the enforcement of this Chapter. (Ord. 817 §1, 2015)

5.08.100 Permit fee.

Each initial application for an organization or Bingo Manager Permit and any renewal request related to such permit shall be accompanied by a fee of $50 or such larger amount as may be established by resolution of the City Council consistent with Penal Code section 326.5 (l) as it

2.A
Packet Pg. 184
now exists or may hereafter be amended. If the applicant for a permit is denied or the renewal thereof is denied, one-half of such fee shall be refunded to the applicant. (Ord. 817 §1, 2015)

5.08.110 Duration of permit.

A permit issued under this Chapter shall expire one year after issuance or at such earlier time that the Permittee Organization no longer meets the requirements of this Chapter. A Permittee may automatically renew a permit by submitting the permit fee. If there are any changes to the original permit application, the Permittee shall submit a new application. (Ord. 817 §1, 2015)

5.08.120 Investigation by police.

Upon the filing of an application for a permit, the City Administrator shall forward the application to the Chief of Police for study and investigation. The Chief of Police shall investigate all persons listed on the application. No person may operate or staff a bingo game who has been convicted of embezzlement, theft, fraud or gambling. Based on the study and investigation, the Chief of Police shall recommend to the City Administrator either denial or approval of the permit application. (Ord. 817 §1, 2015)

5.08.130 Change in facts must be reported.

A Permittee Organization or a permitted Bingo Manger shall immediately report to the City Administrator any change in the information provided on an application for a permit under this Chapter. (Ord. 817 §1, 2015)

5.08.140 Posting of permit and rules.

At all times during which bingo is played, the Permittee Organization shall post conspicuously at the public entrance to the room or rooms in which bingo is played: the Bingo Operator’s Permit (including the Permittee Organization and Bingo Manager information), any rules and regulations established by the City Administrator for the conduct of bingo games under the permit, and the Permittee Organization’s rules of bingo operation. The posted rules shall be legible and accessible to all players. (Ord. 817 §1, 2015)

5.08.150 Operation and staffing of games.

A. Bingo games shall be operated and staffed only by members of the Permittee Organization, who shall not receive a profit, wage, or salary from any bingo game.

B. Only the Permittee Organization shall operate any bingo game or participate in the promotion, supervision or conduct of bingo games.

C. This Section does not preclude a Permittee Organization from employing or contracting another to employ security personnel who are not members of the Permittee Organization.

Security personnel shall not operate or staff bingo games. (Ord. 817 §1, 2015)

5.08.160 Bingo Manager.

A. One or more members of the Permittee Organization shall be designated as Bingo Managers on an application for a permit under this Chapter and on any permit issued under this Chapter. A permitted Bingo Manger shall be present at all times that a Permittee Organization conducts bingo games and that Bingo Manager shall be responsible for the conduct and operation of the bingo games and for compliance with all applicable laws, rules and regulations.

B. No person may be a Bingo Manager unless he or she is a nonsalaried, noncompensated member of the Permittee Organization for at least six months before he or she is designated as a

2.A
Packet Pg. 185
Bingo Manager. (Ord. 817 §1, 2015)

5.08.170 Bingo Manager Statement.

An applicant for a Bingo Manager shall file a written application in a format provided by the City Administrator stating, in addition to such information as may be required by the City Administrator.

A. Neither the Bingo Manager nor the members of the Permittee Organization will receive any profit, wage or salary, or any other direct or indirect consideration from any bingo game; B. The Bingo Manager applicant has read and understands all requirements of this Chapter for the conduct of bingo games in the City and accepts full responsibility for the conduct of such bingo games consistently with the requirements of this Chapter. (Ord. 817 §1, 2015)

5.08.180 Hours and days of operation.

A. Except as provided in subsection B of this Section, bingo games shall be conducted between noon and midnight for a maximum of six hours per day and no more than two days per calendar week by any Permittee Organization or on any one premises whether or not more than one organization is permitted to conduct bingo games on those premises.

B. The City Administrator may issue a permit to allow bingo games to be played over any consecutive three-day period provided that such permit is granted only once per calendar year to any Permittee Organization. A request for a permit under this subsection B shall be made on a form provided, and as otherwise specified, by the City Administrator. (Ord. 817 §1, 2015)

5.08.190 Rules of operation.

A. Except as provided in subsection C of Section 5.08.150, no person shall receive or pay profit, wage or salary from the proceeds of any bingo game conducted in the City. No person other than a Permittee Organization shall have, hold or obtain any financial interest in the conduct of bingo games.

B. No Permittee Organization or Bingo Manger shall permit:

1. Any person to participate in a bingo game, unless that player is present when the bingo game is conducted,;

2. Any person to play any game of bingo on credit;

3. Any minor to play bingo;

4. Any alcoholic beverage to be served or consumed in a room where a bingo game is conducted during or between the playing of the games without the appropriate permit from the Department of Alcohol Beverage and Control.

C. All persons who operate or staff bingo games shall wear on the outside of their clothing an identification insignia or badge, no less than two and
one-half by three and one-half inches in size, bearing the name of the Permittee Organization and the name and any title of the staff member.

D. Bingo games authorized under this Chapter shall be conducted only on premises identified on the permit to which they are conducted.

E. Bingo games shall be open to the public and may not be limited to the members of the Permittee Organization. (Ord. 817 §1, 2015)

5.08.200 Proceeds from games must be kept in separate fund.

A. All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable

2.A
Packet Pg. 186
purposes of the Permittee Organization, except as provided in Subsection B of this Section.

B. Any Permittee Organization other than an organization exempt from the bank and corporation tax under Section 23701 (d) of the Revenue and Taxation Code, shall use the proceeds of bingo games only for the charitable purposes of the Permittee Organization or as follows:

1. Such proceeds may be used for prizes and to pay permit and application fees under this Chapter; and

2. The portion of such proceeds specified by Penal Code section 326.5 may be used for rental property; overhead, including the purchase of bingo equipment; administrative expenses; security equipment; and security personnel. (Ord. 817 §1, 2015)

5.08.210 Inspection of premises.

A. No person shall interfere with, prevent or refuse to permit a duly authorized representative of the City Administrator, the Ripon Consolidated Fire District or any peace officer to inspect any place in which bingo games.

B. Failure to allow, or interference with, an inspection constitutes a violation and shall be grounds for revocation of a permit or denial of a bingo application or permit. (Ord. 817 §1, 2015)

5.08.220 Permit revocation.

A. Whenever it shall be shown or whenever the City Administrator has knowledge that a Permittee, or agent thereof, has violated any of the provisions of this Chapter, the City Administrator shall immediately suspend the permit and give the organization or Bingo Manager written notice (“Notice of Suspension”) by registered mail of the suspension and a brief statement of the reasons therefor.

B. Upon receipt of the Notice of Suspension, the organization or Bingo Manager shall cease from conducting any bingo game, and the failure to do so shall constitute a separate and further violation of this Chapter. (Ord. 817 §1, 2015)

5.08.230 Appeal.

A. In the event of any finding or decision of the City Administrator which is adverse to the application of an organization or Bingo Manager for a permit or renewal thereof under this Chapter, or if a permit is suspended or revoked, the organization or Bingo Manager may appeal to the City Council, provided, that such appeal is filed with the City Clerk within fifteen calendar days from the date of the finding or decision of the City Administrator. The City Administrator shall notify the organization or Bingo Manager of this right to appeal. The finding or decision shall be mailed by registered mail, to the organization or Bingo Manager at the address which appears on the application for a permit or renewal thereof.

B. Failure of the City Administrator to receive a timely request for an appeal constitutes a waiver of the right to contest the finding or decision. Unless a timely appeal is filed, a finding or decision of the City Administrator shall be final.

C. Within forty-five (45) calendar days of the filing
date of an appeal, the City Council shall conduct a hearing on the appeal. The City shall give the appellant at least five calendar days’ mailed notice of the date, time, and location of the hearing at the address(es) specified on the appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the City pursuant to this Chapter.

D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply.

2.A
Packet Pg. 187
Within ten calendar days after conclusion of the hearing, the City Council shall render its decision. The decision of the City Council shall be a final decision.

E. The failure of any appellant to appear at the hearing without such cause as the City Council may deem sufficient to justify a continuance shall constitute a default and the finding or decision of the City Manager shall thereupon be final. (Ord. 817 §1, 2015)

5.08.240 Audit and accounting requirements.

A. Prior to July 31st and prior to January 31st of each year, a Permittee Organization shall, at its own expense, submit in a format approved by the City Administrator a report of gross revenues, expenses and other information reasonably required by the City Administrator to enforce this Chapter. A Permittee Organization shall annually submit to the City Administrator a copy of its Federal tax return not later than sixty calendar days after that return is filed with the Internal Revenue Service.

B. A Permittee Organization shall maintain complete and accurate records of income received from, and prizes and other expenses disbursed in connection with the operation and staffing of bingo games.

C. The City Administrator may at any time demand a complete and detailed accounting of the records required under subsection B of this Section and any other data or information pertaining to the operation of bingo games maintained by a permitted organization. The City Administrator may subject that accounting and such data and information to, an agreed upon procedures examination, audit, and/or any other accounting review which may extend to, without limitation:
(I) proceeds from the operation of bingo games, (ii) an accounting of the number of players and number of games played over a designated period, (iii) an inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period, or (iv) a documentation of the charitable use of the proceeds of bingo games;
D. Such detailed accounting or further data or information shall be provided at the expense of the Permittee Organization if, in the sole discretion of the City Administrator, such detailed accounting or further data or information is necessary for the enforcement of this Chapter.

E. In the event a Permittee Organization fails to render an accounting or provide information pursuant to the provisions of this Section within sixty calendar days of the City Administrator’s request, the City Administrator may suspend that organization’s permit until the requested accounting or information is provided. (Ord. 817 §1, 2015)

5.08.250 Civil remedies and criminal penalties.

The city attorney may bring an action to enjoin a violation of this Chapter.

A violation of subsection A of Section 5.08.160 and Penal Code section 326.5 shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the General Fund of the City. A violation of any other provision of this Chapter constitutes a misdemeanor punishable under Section 1.08.020 of this Code. (Ord. 817 §1, 2015)

5.08.250 Civil remedies and criminal penalties.

The city attorney may bring an action to enjoin a violation of this Chapter.

A violation of subsection A of Section 5.08.160 and Penal Code section 326.5 (b) shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the General Fund of the City. A violation of any other provision of this Chapter constitutes a misdemeanor punishable under Section 1.08.020 of this Code. (Ord. 817 §1, 2015)

2.A
Packet Pg. 188
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.

Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 6. PUBLICATION. At least two (5) days prior to its final adoption, copies of this ordinance shall be posted at City Hall and on the City of Ripon website; and a notice shall be published once in The Manteca Bulletin, the official newspaper of the City of Ripon, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of April, 2025, by the following vote:

RESULT: FIRST READING [3 TO 1] Next: 5/13/2025 6:00 PM
MOVER: Michael Restuccia, Council Member
SECONDER:Dean Uecker, Council Member
AYES: Daniel de Graaf, Dean Uecker, Michael Restuccia
NAYS: Leo Zuber
ABSTAIN: Gary Barton

THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
DANIEL DE GRAAF, Mayor

2.A
Packet Pg. 189
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

2.A
Packet Pg. 190

RIPON CITY COUNCIL

AGENDA ITEM & REQUEST FORM
• Agenda hems inc luding attachments are due 8 working days be rore the scheduled meeting. • A ttm:h any backup information. including PowerPoi nt slides. pictures. etc ..

Reques t From: Request Date:

Mike Restuccia 03/19/2025
Requested Meeting Date:

April Council Meeting
Deadlines Associated with thi s }\ gencla Item:

Today
Desc ription or Agenda Item (need detailed inrormati on):

In 2/2015 the City Council approved a Bingo ordinance to com ply with State laws. Ripon ordinance goes beyond the State requirements and states in the following section "5 .08.190 No permittee Organization or Bingo Manager shall permit: B4 Any alcoholic beverage to be served or consumed in a room where a bingo game is conducted during or between the playing of games.

Recolllmencied Motion (i.e. ac tion you wallt Counci l to take. or are )'oujust presenti ng information, elc.):

Approve the modified Bingo Ord inance as presented .

The modification requested is that pa ragraph

5.08.190 Rules of operation B4 be eliminated.

Notes/Questions:

Sta te law 5.48.190 states Intoxi cated persons not to participate. "N o person who is obviously intoxicated shal l be allowed to participate in bingo." Appears by law t hey can be in the room, just not play. This is the on ly comment in State law that addresses the issue.

After 2 to 3 years of personal participation of the bingo ga mes at Spring Creek, I have never observed abuse of alcohol or creating any issues .

Please Subm it to:

Kevin Werner
Cit) Administrator
259 . \\'ilmCl Avenue
Ripon. CA 95366
" \\ erm.'r ct ,,:it \ 12ill1Q[~
Fa, (209 599-2685
Agenda request form

2.A.a
Packet Pg. 191 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo)

5.08.010
Chapter 5.08
BINGO
Sections:

5.08.010 Short title.

5.08.020 Authority for enactment.

5.08.030 Definitions.

5.08.040 Bingo games authorized; remote
caller bingo games authorized.

5.08.050 California Penal Code Section
326.3 incorportated.

5.08.060 California Penal Code Section
326.5 incorporated.

5.08.070 Permit required.

5.08.080 Application for permit.

5.08.090 Contents of permits.

5.08.100 Permit fee.

5.08.110 Duration of permit.

5.08.120 Investigation by police.

5.08.130 Change in facts must be reported.

5.08.140 Posting of permit and rules.

5.08.150 Operation and staffing of games.

5.08.160 Bingo manager.

5.08.170 Bingo manager permit.

5.08.180 Hours and days of operation.

5.08.190 Rules of operation.

5.08.200 Proceeds from games must be
kept in separate fund.

5.08.210 Inspection of premises.

5.08.220 Permit revocation.

5.08.230 Appeal.

5.08.240 Audi t and accounti ng
requirements.

5.08.250 Civil remedies and criminal
penalties.

5.08.010 Short title.

This Chapter may be cited as the City of Ripon
Bingo Ordinance. (Ord. 817 §1, 2015)

5.08.020 Authority for enactment.

This chapter is enacted pursuant to Article IV,
Section 19 of the California Constitution and Penal
Code sections 326.3 and 326.5. (Ord. 817 §2, 2015)

5.08.030 Definitions.

Unless specifically defined below, words or
phrases used in this Chapter shall be interpreted so
as to give them the meaning they have in common
usage and to give this Chapter its most reasonable
application:
“Bingo” has the meaning set forth in Penal Code
section 326.5 (o) as it now exists or may hereafter be
amended.
“Calendar week” means Monday through Sunday.
“City Administrator” means the City Administrator
of the City of Ripon or any person he or she
designates to enforce the requirements of this
Chapter.
“Conduct,” “operate” and “staff” all mean persons
directly involved in the conduct of a bingo game and
include, but are not limited to, calling numbers,
distributing cards, and the awarding of prizes.
“Permittee Organization” means an organization to
which the City Administrator has issued a permit to
conduct bingo games under this Chapter.
“Premises” means real property within the City on
which bingo games are or may be permitted under
this Chapter and which are: (I) owned or leased by
an organization, or property whose use of which is
donated to the organization, and (ii) which is used
by that organization for an office or for performance
of the purposes for which the organization is
organized. Premises need not be used or leased
exclusively by, or donated exclusively to, a
Permittee Organization.
“Remote Caller Bingo Game” has the meaning set
forth in Penal Code Section 326.3 (t) as it now exists
or may hereafter be amended.
“Security personnel” means one or more persons
exclusively employed to protect persons and
property at bingo games. (Ord. 817 §3, 2015)

5.08.040 Bingo games authorized; remote
caller bingo games authorized.

A. Nothing in this Chapter shall prohibit the
holding of any bingo games in compliance with the
62 06/15
Agenda request form

2.A.a
Packet Pg. 192 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) requirements of this Chapter by organizations
exempted from payment of the bank and corporation
tax by Sections 23701 (a), 23701 (b), 23701 (d),
23701 (e), 23701 (f), 23701 (g), 23791 (k), 23701 (l)
and 23701 (w), and of the Revenue and Taxation
Code, or by mobile home park associations and
senior citizens organizations, and school districts,
provided that the proceeds of such games are used
solely for charitable purposes.

B. Bingo games for charitable purposes are
authorized pursuant to Section 19, Article IV of the
California Constitution, and Penal Code section
326.5, and in accordance with the provisions of this
Chapter. Eligible organizations may apply for a
permit to conduct bingo games in the City under the
provisions of Penal Code Section 326.5 and the
provisions of this Chapter.

C. Remote Caller Bingo Games for charitable
purposes are authorized pursuant to Section 19,
Article IV of the California Constitution, and Penal
Code section 326.3. Remote Caller Bingo Games
shall be conducted in accordance with Penal Code
section 326.3 and this Chapter and only by
organizations exempted from payment of the bank
and corporation tax by Sections 23701 (a), 23701
(b), 23701 (d), 23701 (e), 23701 (f), 23701 (g),
23701 (k), 23701 (l) and 23701 (w), and of the
Revenue and Taxation Code, or by mobile home
park associations, senior citizens organizations, and
charitable organization affiliated with school
districts. In addition, no organization shall be
authorized to conduct Remote Caller Bingo Games
unless the organization (I) has been incorporated or
in existence for three or more years; and (ii) has a
City-issued permit to conduct bingo games.
(Ord. 817 §4, 2015)

5.08.050 California Penal Code Section 326.3
incorporated.

The provisions of Penal Code section 326.3 are
incorporated herein by this reference and apply along
with provisions of this Chapter to control Remote
Caller Bingo Games authorized by this Chapter. In
the event of any conflict between the provisions of

5.08.01050
this Chapter and Penal Code section 326.3, Section
326.3 shall control. (Ord. 817 §5, 2015)

5.08.060 California Penal Code Section 326.5
incorporated.

Notwithstanding the provisions of Penal Code
section 326.5 (a), the provisions of Penal Code
section 326.5 are incorporated herein by this
reference and apply along with provisions of this
Chapter to control bingo games authorized by this
Chapter. In the event of any conflict between the
provisions of this Chapter and Penal Code Section
326.5, the more restrictive provision shall control.
(Ord. 817 §6, 2015)

5.08.070 Permit required.

No person or organization may conduct or allow
another to conduct bingo games, and no person may
act as a Bingo Manager in the City without first
obtaining a permit from the City Administrator to do
so. (Ord. 817 §7, 2015)

5.08.080 Application for permit.

A. Applications for a permit to conduct bingo
games in the City must be in writing on a form
provided by the City Administrator and shall contain
the following information:

1. The name of the applicant organization and
evidence that the applicant is an eligible
organization under Section 5.08.040 of this Chapter;

2. The names, and addresses and signature of the
presiding officer of the applicant organization;

3. The name, address and signature of each person
designated as a “Bingo Manager” pursuant to
Section 5.08.160;

4. The mailing address of the applicant
organization;

5. The mailing and street addresses of the premises
on which bingo games will be conducted, together
with the occupancy load of the room or rooms in
which bingo will be played provided by the Fire
Code in effect in the City when the application is
made;

6. The proposed day or days of the week and hours
62-1 06/15
Agenda request form

2.A.a
Packet Pg. 193 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) during which the applicant organization proposes to
conduct bingo games;

7. A statement that the applicant agrees to conduct
bingo games in strict accordance with the provisions
of Penal Code Section 326.5 and this Chapter, as
they may be amended from time to time, and
understands that the City Administrator may revoke
the permit for a violation of any such provision;

8. A statement that the applicant(s) have read and
are familiar with the provisions of this Chapter and
will require all persons who operateor staff bingo
games to read and be familiar with all provisions of
this Chapter prior to operating or staffing bingo
games;

9. A statement that the applicant intends or does not
intend to conduct Remote Caller Bingo Games;

10. If applicable, a statement that the applicant
agrees to conduct Remote Caller Bingo Games in
strict accordance with the provisions of Penal Code
section 326.3 and this Chapter, as they may be
amended from time to time, and understands that the
City Administrator may revoke the bingo game
permit for a violation of any such provision;

11. If applicable, a valid and current license to
conduct Remote Caller Bingo Games issued by the
California Gambling Control Commission;

12. Such other information as may be required by
the City Administrator.

B. Such application shall be signed under penalty of
perjury by a person or persons with authority to bind
the applicant organization.

C. An applicant shall submit with an application a
Certificate of Determination of Exemption from the
California Franchise Tax Board showing that the
organization is exempt from tax under subsections
(a), (b), (d), (e), (f), (g), (k), (l) or (w) of Revenue and Taxation Code Section 23701, or a letter of good
standing from the Exemption Division of the
Franchise Tax Board showing an exemption under
one of said sections. This subsection shall not apply
to a mobile home park association, a senior citizens
organization, or a school district.
(Ord. 817 §8, 2015)

5.08.090

5.08.090 Contents of pemits.

Upon determining that an applicant is qualified
to conduct bingo games in the city, the City
Administrator may issue a permit stating:

A. The name and legal nature of the organization to
which the permit is issued;
B. The address of the premises on which bingo
games may be conducted;
C. The capacity of the room or rooms in which
bingo games may be conducted;
D. The date the permit expires;
E. Any Bingo Managers designated pursuant to
Section 5.08.160;
F. Any rules for the conduct of bingo games
imposed pursuant to Section 5.08.190; and,
G. Such other related information as may be
necessary or desirable for the enforcement of this
Chapter.
(Ord. 817 §9, 2015)

5.08.100 Permit fee.

Each initial application for an organization or
Bingo Manager Permit and any renewal request
related to such permit shall be accompanied by a fee
of $50 or such larger amount as may be established
by resolution of the City Council consistent with
Penal Code section 326.5 (l) as it now exists or may
hereafter be amended. If the applicant for a permit
is denied or the renewal thereof is denied, one-half
of such fee shall be refunded to the applicant.
(Ord. 817 §10, 2015)

5.08.110 Duration of permit.

A permit issued under this Chapter shall expire
one year after issuance or at such earlier time that
the permittee Organization no longer meets the
requirements of this Chapter. A Permittee may
automatically renew a permit by submitting the
permit fee. If there are any changes to the original
permit application, the Permittee shall submit a new
application. (Ord. 817 §11, 2015)

5.08.120 Investigation by police.

Upon the filing of an application for a permit, the
62-2 06/15
Agenda request form

2.A.a
Packet Pg. 194 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) City Administrator shall forward the application to
the Chief of Police for study and investigation. The
Chief of Police shall investigate all persons listed on the application. No person may operate or staff a
bingo game who has been convicted of
embezzlement, theft, fraud or gambling. Based on
the study and investigation, the Chief of Police shall
recommend to the City Administrator either denial or
approval of the permit application.
(Ord. 817 §12, 2015)

5.08.130 Change in facts must be reported.

A Permittee Organization or a permitted Bingo
Manger shall immediately report to the City
Administrator any change in the information
provided on an application for a permit under this
Chapter. Prior to conducting Remote Caller Bingo
Games, a Permittee Organization shall supplement
its permit application by providing the City with (I)
a statement that the Permittee Organization agrees to
conduct Remote Caller Bingo Games in strict
accordance with the provisions of Penal Code
section 326.3 and this Chapter, as they may be
amended from time to time, and understands that the
City Administrator may revoke the bingo game
permit for a violation of any such provision; and (ii)
a valid and current license to conduct Remote Caller
Bingo Games issued by the California Gambling
Control Commission.
(Ord. 817 §13, 2015)

5.08.140 Posting of permit and rules.

At all times during which bingo is played, the
Permittee Organization shall post conspicuously at
the public entrance tot he room or rooms in which
bingo is played: the Bingo Operator’s Permit
(including the Permittee Organization and Bingo
Manager information), any rules and regulations
established by the City Administrator for the conduct
of bingo games under the permit, and the Permittee
Organization’s rules of bingo operation. The posted
rules shall be legible and accessible to all players.
(Ord. 817 §14, 2015)

5.08.130

5.08.150 Operation and staffing of games.

A. Bingo games shall be operated and staffed
only by members of the Permittee Organization, who
shall not receive a profit, wage, or salary from any
bingo game.

B. Only the Permittee Organization shall operate
any bingo game or participate in the promotion,
supervision or conduct of bingo games.

C. This Section does not preclude a Permittee
Organization from employing or contracting another
to employ security personnel who are not members
of the Permittee Organization. Security personnel
shall not operate or staff bingo games.
(Ord. 817 §15, 2015)

5.08.160 Bingo Manager.

A. One or more members of the Permittee
Organization shall be designated as Bingo Managers
on an application for a permit under this Chapter and
on any permit issued under this Chapter. A
permitted Bingo Manger shall be present at all times
that a Permittee Organization conducts bingo games
and that Bingo Manager shall be responsible for the
conduct and operation of the bingo games and for
compliance with all applicable laws, rules and
regulations.

B. No person may be a Bingo Manager unless he or
she is a nonsalaried, noncompensated member of the
Permittee Organization for at least six months before
he or she is designated as a Bingo Manager.
(Ord. 817 §16, 2015)

5.08.170 Bingo Manager Statement.

An applicant for a Bingo Manager shall file a
written application in a format provided by the City
Administrator stating, in addition to such
information as may be required by the City
Administrator.

A. Neither the Bingo Manager nor the members of
the Permittee Organization will receive any profit,
wage or salary, or any other direct or indirect
consideration from any bingo game;
B. The Bingo Manager applicant has read and
understands all requirements of this Chapter for the
62-3 06/15
Agenda request form

2.A.a
Packet Pg. 195 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) conduct of bingo games in the City and accepts full
responsibility for the conduct of such bingo games
consistently with the requirements of this Chapter.
(Ord. 817 §17, 2015)

5.08.180 Hours and days of operation.

A. Except as provided in subsection B of this
Section, bingo games shall be conducted between
noon and midnight for a maximum of six hours per
day and no more than two days per calendar week by
any Permittee Organization or on any one premises
whether or not more than one organization is
permitted to conduct bingo games on those premises.

B. The City Administrator may issue a permit to
allow bingo games to be played over any consecutive
three-day period provided that such permit is granted
only once per calendar year to any Permittee
Organization. A request for a permit under this
subsection B shall be made on a form provided, and
as otherwise specified, by the City Administrator.
(Ord. 817 §18, 2015)

5.08.190 Rules of operation.

A. Except as provided in subsection C of Section

5.08.150, no person shall receive or pay profit, wage
or salary from the proceeds of any bingo game
conducted in the City. No person other than a
Permittee Organization shall have, hold or obtain
any financial interest in the conduct of bingo games.

B. No Permittee Organization or Bingo Manger
shall permit:

1. Any person to participate in a bingo game, unless
that player is present when the bingo game is
conducted, except for Remote Caller Bingo Games;

2. Any person to play any game of bingo on credit;

3. Any minor to play bingo;

4. Any alcoholic beverage to be served or consumed
in a room where a bingo game is conducted during
or between the playing of the games.

C. All persons who operate or staff bingo games
shall wear on the outside of their clothing an
identification insignia or badge, no less than two and
one-half by three and one-half inches in size, bearing
the name of the Permittee Organization and the name

5.08.080
and any title of the staff member.

D. Bingo games authorized under this Chapter shall
be conducted only on premises identified on the
permit to which they are conducted.

E. Bingo games shall be open to the public and may
not be limited to the members of the Permittee
Organization. (Ord. 817 §19, 2015)

5.08.200 Proceeds from games must be kept in
separate fund.

A. All profits derived from a bingo game shall
be kept in a special fund or account and shall not be
commingled with any other fund or account. Such
profits shall be used only for charitable purposes of
the Permittee Organization, except as provided in
Subsection B of this Section.

B. Any Permittee Organization other than an
organizations exempt from the bank and corporation
tax under Section 23701 (d) of the Revenue and
Taxation Code, shall use the proceeds of bingo
games only for the charitable purposes of the
Permittee Organization or as follows:

1. Such proceeds may be used for prizes and to pay
permit and application fees under this Chapter; and

2. The portion of such proceeds specified by Penal
Code section 326.5 may be used for rental property;
overhead, including the purchase of bingo
equipment; administrative expenses; security
equipment; and security personnel.
(Ord. 817 §20, 2015)

5.08.210 Inspection of premises.

A. No person shall interfere with, prevent or
refuse to permit a duly authorized representative of
the City Administrator, the Ripon Consolidated Fire
District or any peace officer to inspect any place in
which bingo games or remote caller bingo games are
conducted in the City, whether or not bingo games
or Remote Caller Bingo Games are being conducted
at the time of the inspection.

B. Failure to allow, or interference with, an
inspection constitutes a violation and shall be
grounds for revocation of a permit or denial of a
bingo application or permit. (Ord. 817 §21, 2015)
62-4 06/15
Agenda request form

2.A.a
Packet Pg. 196 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo)

5.08.220 Permit revocation.

A. Whenever it shall be shown or whenever the
City Administrator has knowledge that a permittee,
or agent thereof, has violated any of the provisions
of this Chapter, the City Administrator shall
immediately suspend the permit and give the
organization or Bingo Manager written notice
(“Notice of Suspension”) by registered mail of the
suspension and a brief statement of the reasons
therefor.

B. Upon receipt of the Notice of Suspension, the
organization or Bingo Manager shall cease from
conducting any bingo game or Remote Caller bingo
Game, and the failure to do so shall constitute a
separate and further violation of this Chapter.
(Ord. 817 §22, 2015)

5.08.230 Appeal.

A. In the event of any finding or decision of the
City Administrator which is adverse to the
application of an organization or Bingo Manager for
a permit or renewal thereof under this Chapter, or if
a permit is suspended or revoked, the organization or
Bingo Manager may appeal to the City Council,
provided, that such appeal is filed with the City
Clerk within fifteen calendar days from the date of
the finding or decision of the City Administrator.

The City Administrator shall notify the organization
or Bingo Manager of this right to appeal. The
finding or decision shall be mailed by registered
mail, to the organization or Bingo Manager at the
address which appears on the application for a
permit or renewal thereof.

B. Failure of the City Administrator to receive a
timely request for an appeal constitutes a waiver of
the right to contest the finding or decision. Unless a
timely appeal is filed, a finding or decision of the
City Administrator shall be final.

C. Within forty-five (45) calendar days of the filing
date of an appeal, the City Council shall conduct a
hearing on the appeal. The City shall give the
appellant at least five calendar days’ mailed notice of the date, time, and location of the hearing at the
address(es) specified on the appeal. The failure of

5.08.220
any appellant to receive a properly addressed notice
of hearing shall not invalidate any action or
proceeding by the City pursuant to this Chapter.

D. Appeal hearings are informal, and formal rules
of evidence and discovery do not apply. Within ten
calendar days after conclusion of the hearing, the
City Council shall render its decision. The decision
of the City Council shall be a final decision.

E. The failure of any appellant to appear at the
hearing without such cause as the City Council may
deem sufficient to justify a continuance shall
constitute a default and the finding or decision of the City Manager shall thereupon be final.
(Ord. 817 §23, 2015)

5.08.240 Audit and accounting requirements.

A. Prior to July 31 and prior to January 31 of st st
each year, a Permittee Organization shall, at its own
expense, submit in a format approved by the City
Administrator a report of gross revenues, expenses
and other information reasonably required by the
City Administrator to enforce this Chapter. A
Permittee Organization shall annually submit to the
City Administrator a copy of its Federal tax return
not later than sixty calendar days after that return is filed with the Internal Revenue Service.

B. A Permittee Organization shall maintain
complete and accurate records of income received
from, and prizes and other expenses disbursed in
connection with the operation and staffing of bingo
games.

C. The City Administrator may at any time demand
a complete and detailed accounting of the records
required under subsection B of this Section and any
other data or information pertaining to the operation
of bingo games maintained by a permitted
organization. The City Administrator may subject
that accounting and such data and information to, an
agreed upon procedures examination, audit, and/or
any other accounting review which may extend to,
without limitation: (I) proceeds from the operation of
bingo games, (ii) an accounting of the number of
players and number of games played over a
designated period, (iii) an inspection of bingo cards,
62-5 06/15
Agenda request form

2.A.a
Packet Pg. 197 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) funds, equipment or any other records or
documentation in connection with the operation of
games over a designated period, or (iv) a
documentation of the charitable use of the proceeds
of bingo games;
D. Such detailed accounting or further data or
information shall be provided at the expense of the
Permittee Organization if, in the sole discretion of
the City Administrator, such detailed accounting or
further data or information is necessary for the
enforcement of this Chapter.

E. In the event a Permittee Organization fails to
render an accounting or provide information
pursuant to the provisions of this Section within sixty calendar days of the City Administrator’s request,

5.08.250
the City Administrator may suspend that
organization’s permit until the requested accounting
or information is provided.
(Ord. 817 §24, 2015)

5.08.250 Civil remedies and criminal penalties.

The city attorney may bring an action to enjoin a
violation of this Chapter.

A violation of subsection A of Section 5.08.160 and
Penal Code section 326.3 © shall be punishable by
a fine not to exceed ten thousand dollars, which fine
shall be deposited in the General Fund of the City.

A violation of any other provision of this Chapter
constitutes a misdemeanor punishable under Section

1.08.020 of this Code. (Ord. 817 §25, 2015)
62-6 06/15
Agenda request form

2.A.a
Packet Pg. 198 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) Sections:

5.48.010 Permitted for certain organizations.

5.48.020 Definitions.

5.48.030 License - Required.

5.48.040 License -Application - Contents.

5.48.050 Applicant must be qualified.

5.48.060 Investigation of applicant.

5.48.070 Contents of applications.

5.48.080 License - Suspension - Revocation.

5.48.090 License - Alternative to revocation.

5.48.100 License - Revocation - Appeal.

5.48.110 Maximum amount of prize.

5.48.120 Profits to be kept in separate fund or account.

5.48.130 Financial interest in licensee.

5.48.140 Exclusive operation by licensee.

5.48.150 Bingo games open to public.

5.48.160 Attendance limited to occupancy capacity.

5.48.170 Bingo games conducted only on licensee's property.

5.48.180 Minors not to participate.

5.48.190 Intoxicated persons not to participate.

5.48.200 Hours of operation.

5.48.210 Participant must be present.

5.48.220 Receipt of profit by a person a misdemeanor under State law.

5.48.230 Peace officer access.

5.48.240 City may enjoin violation.

Prior legislation: Ords. 564 and 661.

5.48.010 Permitted for certain organizations.

A. Pursuant to the conditions and restrictions of California Penal Code Section 326.5, bingo shall be permitted to be played in the City only for the benefit of organizations included by the provisions of Penal Code Section 326.5(a).

B. Pursuant to the conditions and restrictions of California Penal Code Sections 326.3 and 326.4 and this chapter, remote caller bingo shall be permitted to be played in the City for the benefit of organizations included by the provisions of Penal Code Section 326.3(b). [Ord. 1274 § 1, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.010].

5.48.020 Definitions.

UBingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. It shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person Chapter 5.48
BINGO
Agenda request form

2.A.a
Packet Pg. 199 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance."
"Remote caller bingo" or "remote caller bingo game" means a game of bingo announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization. [Ord. 1274 § 2, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.020}.

5.48.030 License - Required.

A. No bingo shall be played without a valid and unexpired license.

B. Only those organizations set forth in Penal Code Sections 326.3 and 326.5 are eligible to apply for a bingo license. Eligible organizations shall file a written application for a bingo license with the City on a form provided thereby.

C. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee.

D. A license issued to an organization set forth in Penal Code Section 326.3 allowing for remote caller bingo shall be subject to the following conditions:

1. Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter.

2. The licensed organization is responsible for ensuring that the conditions of this chapter and Sections 326.3 and 326.4 of the Penal Code are complied with by the organization and its officers and members. [Ord . 1274 § 3, 2010; Ord. 1001 § ~2, 1995. Code 1987 § 5.29.030].

5.48.040 License - Application - Contents.

A. Said application for license shall contain the following:

1. The name of the applicant organization and a statement that the applicant organization is eligible to apply for a license under the terms of State law and this chapter;

2. The name and signature of at least two officers, including the presiding officer of the organization;

3. The address of the particular property within the City which is owned or leased by the applicant, used by the applicant for an office or for performance of the purposes for which the applicant organized, and on which bingo will be conducted, together with the occupancy capacity of such location;

4. Proposed hours and days of operation;
Agenda request form

2.A.a
Packet Pg. 200 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo)

5.a. A statement that the applicant agrees to conduct bingo in strict accordance with the provisions of California Penal Code Section 326.5 and this chapter, as either may be amended from time to time; b. With respect to remote caller bingo, an additional statement that the applicant also agrees to conduct bingo in strict accordance with the provisions of California Penal Code Sections 326.3 and 326.4, and this chapter, as either may be amended from time to time; c. A statement that the applicant agrees that the license may be revoked by the City upon violation of any such provisions;

6. Proof that the applicant organization has owned or leased property within the City that was used by the applicant for an office or for performance of the purposes for which the organization is organized, for a period of at least 12 months immediately preceding the filing of such application, and the property upon which any bingo game is to be conducted is property so owned or leased by the applicant;

7. Written verification from the Community Development Department of the City that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain offstreet vehicle parking facilities on the basis of not less than one pari<ing space for each two seats, one seat being defined as an area of seven and one-half square feet;

8. Written verification from the Community Development Department of the City that the operation of such game or games is in compliance with LEMC Title 17.

B. The application shall be signed by the applicant under penalty of perjury.

C. The application process fee and annual license fee as set by resolution shall accompany the application. If an application for a license is denied, onehalf of the license fee shall be refunded.

D. A certificate of determination of exemption under Section 23701 of the California Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing such exemption shall accompany the application.

E. A certified list of officers from the Secretary of State, which shows the status of the organization. [Ord. 1274 § 4, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.040].

5.48.050 Applicant must be qualified.

No license shall be issued to any organization unless such applicant is an eligible organization under LEMC 5.48.01 0, and its application conforms to the requirements, terms and conditions of this chapter. [Ord. 1001 § 12, 1995.

Code 1987 § 5.29.050].

Agenda request form

2.A.a
Packet Pg. 201 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo)

5.48.060 Investigation of applicant.

Upon receipt of the completed application, fees, and exemption information, the City Manager shall refer the same to interested departments of the City, including, but not limited to, City Attorney, Sheriff Department, and the Fire Department, for investigation as to whether or not all of the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies as property on which bingo games may lawfully be conducted as to fire, occupancy, and other applicable restrictions. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.060}.

5.48.070 Contents of applications.

Upon a satisfactory conclusion of this investigation, the City Manager shall issue a license to the applicant. The license shall contain the name and nature of the organization to whom the license is issued, the address where bingo is authorized to be conducted, the occupancy capacity of the room or rooms in which bingo is to be conducted, the expiration date of the license, and such other information as may be necessary or desirable for the full enforcement of the provisions of this chapter. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.070].

5.48.080 License- Suspension - Revocation.

A. If a licensee is conducting bingo or allowing bingo to be conducted in violation of any provision of this chapter. the City Manager shall have the authority to suspend the license summarily and order the licensee to cease and desist from any further operation of bingo within the City.

B. An order and suspension issued under this chapter shall also notify the licensee that it shall have five days from the date of the order to request a hearing to determine whether such license shall be revoked. If no such hearing is requested within this five-day period, the license shall be revoked.

C. Within 10 days after receipt of a timely hearing request by the licensee, the City Manager shall provide and conduct such a hearing. At this hearing, the suspended licensee may appear for the purpose of presenting evidence and information tending to show why the license should not be revoked.

D. No license shall be revoked under subsection (C) of this section unless notice of the time and place of the hearing has first been given at least five days before the hearing by depositing in the U.S. mail a notice directed to the suspended licensee at the address given in licensee's application. Notice shall set forth a summary of the grounds advanced as the basis for the suspension and revocation.

E. An organization whose license is revoked under this section shall conduct no bingo in the City unless the City Council, on appeal, sets aside the license revocation. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.080].

5.48.090 License - Alternative to revocation.

A. If the licensee is conducting bingo in violation of any provisions of this chapter, or the license was obtained by fraudulent representations, and if no summary suspension is ordered under LEMC 5.48.080, the license may be revoked; provided, however, that the licensee may appear before the City at --------------------------------------------------------------------------------~ Agenda request form

2.A.a
Packet Pg. 202 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) the time set by the City for the purpose of presenting evidence and information why the license should not be revoked.

B. No license shall be revoked under this section unless written notice has first been given at least five days before the hearing by depositing 1n the U.S. mail a notice directed to the suspended licensee at the address given in licensee's application. Notice shall set forth a summary of the grounds advanced as the basis for the suspension and revocation.

C. An organization whose license is revoked under this section shall conduct no bingo in the City unless the City Council, on appeal, sets aside the license revocation. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.090].

5.48.1 00 License - Revocation -Appeal.

A. A licensee whose license is revoked shall have the right within 15 days after notice of revocation is mailed pursuant to this chapter to file a written appeal with the City Council. This appeal shall set forth the specific grounds on which it is based. The City Council shall hold a hearing on this appeal within 30 days after its receipt by the City, or at such time as is thereafter agreed upon, and shall cause the appellant to be given at least 10 days' written notice of such City Council hearing. At this hearing, the appellant or its authorized representative shall have the right to present evidence, information and argument in support of the appeal. The determination of the City Council on the appeal shall be final.

B. An organization whose license is revoked by the City Council may not apply again for a license to conduct bingo in the City for a period of two years from the date of such revocation; provided, however, that if the ground for revocation is cancellation of the exemption for the organization under Section 23701 of the California Revenue and Taxation Code, such organization may apply again for a license upon satisfactory proof of reinstatement of this exemption. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.100].

5.48.110 Maxi mum amount of prize.

Except as may be provided pursuant to LEMC 5.48.010(8), the total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both. for each separate game which is held. (Ord. 1274 § 5, 2010; Ord. 1001 § 12, 1995. Code 1987 § 5.29.110].

5.48.120 Profits to be kept in separate fund or account.

All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter.

The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and the licensee shall fully cooperate with the City by making such record available. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.120].

Agenda request form

2.A.a
Packet Pg. 203 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo)

5.48.130 Financial interest in licensee.

No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.130].

5.48.140 Exclusive operation by licensee.

A bingo game shall be operated and staffed only by a member of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.140].

5.48.150 Bingo games open to public.

All bingo games shall be open to the public, not just to the members of the licensee organization. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.150].

5.48.160 Attendance limited to occupancy capacity.

Notwithstanding the requirement of Penal Code Section 326.5 that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Department of the City in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.160].

5.48.170 Bingo games conducted only on licensee's property.

A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.170}.

5.48.180 Minors not to participate.

No person under the age of 18 years shall be allowed to participate in any bingo game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.180].

5.48.190 Intoxicated persons not to participate.

No person who is obviously intoxicated shall be allowed to participate in a bingo game. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.190].

5.48.200 Hours of operation.

No licensee shall conduct any bingo game more than six hours out of any 24- hour period. No bingo game shall be conducted before 10:00 a.m. nor after 2:00a.m. of any day. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.200}.

Agenda request form

2.A.a
Packet Pg. 204 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo)

5.48.210 Participant must be present.

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place where the remote caller bingo game is being conducted. A person shall be deemed to be physically present at the place where the remote caller bingo game is being conducted if he or she is present at any of the locations participating in the remote caller bingo game in accordance with this chapter. [Ord. 1274 § 6, 201 0; Ord 1001 § 12, 1995.

Code 1987 § 5.29.210].

5.48.220 Receipt of profit by a person a misdemeanor under State law.

It is a misdemeanor under Section 326.5(b) of the Penal Code of the State for any person to receive a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the City. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.220].

5.48.230 Peace officer access.

Any peace officer of the City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. [Ord. 1001 § 12. 1995. Code 1987 § 5.29.230].

5.48.240 City may enjoin violation.

The City may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. [Ord. 1001 § 12, 1995. Code 1987 § 5.29.240].

This page of the Lak e El sino re Municipal Code is current thro ugh Ordinance 1285, passed August 24, 2010.

Disclaimer· The City Clerk's Office has the official version of the City Telephone: (951 ) 674 -31/4 Lake Elsinore Municrpal Code. Users should contact the City Cnde Publish1ng C· 1111 "rw Clerk's Office for ordinances passed subsequent to t he (http·; /www c-ndepuhl!shlng com/) ordinance cil ed above.
-----------------------------------------------------------------------------------1-- Agenda request form

2.A.a
Packet Pg. 205 Attachment: Council Member Restuccia's agenda item request form (930 : Chapter 5.08 Bingo) 06/15
1 Chapter 5.08
BINGO
Sections:

5.08.010 Short title.

5.08.020 Authority for enactment.

5.08.030 Definitions.

5.08.040 Bingo games authorized; remote caller bingo games authorized.

5.08.050 California Penal Code Section 326.3 incorporated.

5.08.060 California Penal Code Section 326.5 incorporated.

5.08.070 Permit required.

5.08.080 Application for permit.

5.08.090 Contents of permits.

5.08.100 Permit fee.

5.08.110 Duration of permit.

5.08.120 Investigation by police.

5.08.130 Change in facts must be reported.

5.08.140 Posting of permit and rules.

5.08.150 Operation and staffing of games.

5.08.160 Bingo manager.

5.08.170 Bingo manager permit.

5.08.180 Hours and days of operation.

5.08.190 Rules of operation.

5.08.200 Proceeds from games must be kept in separate fund.

5.08.210 Inspection of premises.

5.08.220 Permit revocation.

5.08.230 Appeal.

5.08.240 Audit and accounting requirements.

5.08.250 Civil remedies and criminal penalties.

5.08.010 Short title.

This Chapter may be cited as the City of Ripon Bingo Ordinance. (Ord. 817 §1, 2015)

5.08.020 Authority for enactment.

This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution and Penal Code sections 326.3 and 326.5. (Ord. 817 §1, 2015)

5.08.030 Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application:
“Bingo” has the meaning set forth in Penal Code section 326.5 (o) as it now exists or may hereafter be amended. “Calendar week” means Monday through Sunday.
“City Administrator” means the City Administrator of the City of Ripon or any person he or she designates to Redline version

2.A.b
Packet Pg. 206 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) 06/15
2 enforce the requirements of this Chapter.
“Conduct,” “operate” and “staff” all mean persons directly involved in the conduct of a bingo game and include, but are not limited to, calling numbers, distributing cards, and the awarding of prizes. “Permittee Organization” means an organization to which the City Administrator has issued a permit to conduct bingo games under this Chapter.
“Premises” means real property within the City on which bingo games are or may be permitted under this Chapter and which are: (I) owned or leased by an organization, or property whose use of which is donated to the organization, and (ii) which is used by that organization for an office or for performance of the purposes for which the organization is organized. Premises need not be used or leased exclusively by, or donated exclusively to, a Permittee Organization.
“Remote Caller Bingo Game” has the meaning set forth in Penal Code Section 326.3 (t) as it now exists or may hereafter be amended.
“Security personnel” means one or more persons exclusively employed to protect persons and property at bingo games. (Ord. 817 §1, 2015)

5.08.040 Bingo games authorized; remote caller bingo games authorized.

A. Nothing in this Chapter shall prohibit the holding of any bingo games in compliance with the requirements of this Chapter by organizations exempted from payment of the bank and corporation tax by Sections 23701 (a), 23701 (b), 23701 (d), 23701 (e), 23701 (f), 23701 (g), 23791 (k), 23701 (l) and 23701 (w), and of the Revenue and Taxation Code, or by mobile home park associations and senior citizens organizations, and school districts, provided that the proceeds of such games are used solely for charitable purposes.

B. Bingo games for charitable purposes are authorized pursuant to Section 19, Article IV of the California Constitution, and Penal Code section 326.5, and in accordance with the provisions of this Chapter. Eligible organizations may apply for a permit to conduct bingo games in the City under the provisions of Penal Code Section 326.5 and the provisions of this Chapter.

C. Remote Caller Bingo Games for charitable purposes are authorized pursuant to Section 19, Article IV of the California Constitution, and Penal Code section 326.3. Remote Caller Bingo Games shall be conducted in accordance with Penal Code section 326.3 and this Chapter and only by organizations exempted from payment of the bank and corporation tax by Sections 23701 (a), 23701 (b), 23701 (d), 23701 (e), 23701 (f), 23701 (g), 23701 (k), 23701 (l) and 23701 (w), and of the Revenue and Taxation Code, or by mobile home park associations, senior citizen’s organizations, and charitable organizations affiliated with school districts. In addition, no organization shall be authorized to conduct Remote Caller Bingo Games unless the organization (I) has been incorporated or in existence for three or more years; and (ii) has a City-issued permit to conduct bingo games. (Ord. 817 §1, 2015)

5.08.050 repealedCalifornia Penal Code Section 326.3 incorporated.

The provisions of Penal Code section 326.3 are incorporated herein by this reference and apply along with provisions of this Chapter to control Remote Caller Bingo Games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code section 326.3, Section 326.3 shall control. (Ord. 817 §1, 2015)

5.08.060 California Penal Code Section 326.5 incorporated.

Notwithstanding the provisions of Penal Code section 326.5 (a), the provisions of Penal Code section 326.5 are incorporated herein by this reference and apply along with provisions of this Chapter to control bingo games Redline version

2.A.b
Packet Pg. 207 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) 06/15
3 authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.5, the more restrictive provision shall control. (Ord. 817 §1, 2015)

5.08.070 Permit required.

No person or organization may conduct or allow another to conduct bingo games, and no person may act as a Bingo Manager in the City without first obtaining a permit from the City Administrator to do so. (Ord. 817 §1, 2015)

5.08.080 Application for permit.

A. Applications for a permit to conduct bingo games in the City must be in writing on a form provided by the City Administrator and shall contain the following information:

1. The name of the applicant organization and evidence that the applicant is an eligible organization under Section 5.08.040 of this Chapter;

2. The names, and addresses and signature of the presiding officer of the applicant organization;

3. The name, address and signature of each person designated as a “Bingo Manager” pursuant to Section

5.08.160;

4. The mailing address of the applicant organization;

5. The mailing and street addresses of the premises on which bingo games will be conducted, together with the occupancy load of the room or rooms in which bingo will be played provided by the Fire Code in effect in the City when the application is made;

6. The proposed day or days of the week and hours during which the applicant organization proposes to conduct bingo games;

7. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code Section 326.5 and this Chapter, as
they may be amended from time to time, and understands that the City Administrator may revoke the permit for a violation of any such provision;

8. A statement that the applicant(s) have read and are familiar with the provisions of this Chapter and will require all persons who operate or staff bingo games to read and be familiar with all provisions of this Chapter prior to operating or staffing bingo games;

9. A statement that the applicant intends or does not intend to conduct Remote Caller Bingo Games;

10. If applicable, a statement that the applicant agrees to conduct Remote Caller Bingo Games in strict accordance with the provisions of Penal Code section 326.3 and this Chapter, as they may be amended from time to time, and understands that the City Administrator may revoke the bingo game permit for a violation of any such provision;

11. If applicable, a valid and current license to conduct Remote Caller Bingo Games issued by the California Gambling Control Commission;
912. Such other information as may be required by the City Administrator.

B. Such application shall be signed under penalty of perjury by a person or persons with authority to bind the applicant organization.

C. An applicant shall submit with an application a Certificate of Determination of Exemption from the California Franchise Tax Board showing that the organization is exempt from tax under subsections (a), (b), (d), (e), (f), (g), (k), (l) or (w) of Revenue and Taxation Code Section 23701, or a letter of good standing from the Exemption Division of the Franchise Tax Board showing an exemption under one of said sections. This subsection shall not apply to a mobile home park association, a senior citizen’s organization, or a school district.

Redline version

2.A.b
Packet Pg. 208 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) 06/15
4 (Ord. 817 §1, 2015)

5.08.090 Contents of permits.

Upon determining that an applicant is qualified to conduct bingo games in the city, the City Administrator may issue a permit stating:

A. The name and legal nature of the organization to which the permit is issued; B. The address of the premises on which bingo games may be conducted; C. The capacity of the room or rooms in which bingo games may be conducted; D. The date the permit expires;
E. Any Bingo Managers designated pursuant to Section 5.08.160; F. Any rules for the conduct of bingo games imposed pursuant to Section 5.08.190; and, G. Such other related information as may be necessary or desirable for the enforcement of this Chapter. (Ord. 817 §1, 2015)

5.08.100 Permit fee.

Each initial application for an organization or Bingo Manager Permit and any renewal request related to such permit shall be accompanied by a fee of $50 or such larger amount as may be established by resolution of the City Council consistent with Penal Code section 326.5 (l) as it now exists or may hereafter be amended. If the applicant for a permit is denied or the renewal thereof is denied, one-half of such fee shall be refunded to the applicant. (Ord. 817 §1, 2015)

5.08.110 Duration of permit.

A permit issued under this Chapter shall expire one year after issuance or at such earlier time that the Permittee Organization no longer meets the requirements of this Chapter. A Permittee may automatically renew a permit by submitting the permit fee. If there are any changes to the original permit application, the Permittee shall submit a new application. (Ord. 817 §1, 2015)

5.08.120 Investigation by police.

Upon the filing of an application for a permit, the City Administrator shall forward the application to the Chief of Police for study and investigation. The Chief of Police shall investigate all persons listed on the application. No person may operate or staff a bingo game who has been convicted of embezzlement, theft, fraud or gambling. Based on the study and investigation, the Chief of Police shall recommend to the City Administrator either denial or approval of the permit application. (Ord. 817 §1, 2015)

5.08.130 Change in facts must be reported.

A Permittee Organization or a permitted Bingo Manger shall immediately report to the City Administrator any change in the information provided on an application for a permit under this Chapter. Prior to conducting Remote Caller Bingo Games, a Permittee Organization shall supplement its permit application by providing the City with (I) a statement that the Permittee Organization agrees to conduct Remote Caller Bingo Games in strict accordance with the provisions of Penal Code section 326.3 and this Chapter, as they may be amended from time to time, and understands that the City Administrator may revoke the bingo game permit for a violation of any such provision; and (ii) a valid and current license to conduct Remote Caller Bingo Games issued by the California Gambling Control Commission. (Ord. 817 §1, 2015) Redline version

2.A.b
Packet Pg. 209 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) 06/15
5 5.08.140 Posting of permit and rules.

At all times during which bingo is played, the Permittee Organization shall post conspicuously at the public entrance to the room or rooms in which bingo is played: the Bingo Operator’s Permit (including the Permittee Organization and Bingo Manager information), any rules and regulations established by the City Administrator for the conduct of bingo games under the permit, and the Permittee Organization’s rules of bingo operation. The posted rules shall be legible and accessible to all players. (Ord. 817 §1, 2015)

5.08.150 Operation and staffing of games.

A. Bingo games shall be operated and staffed only by members of the Permittee Organization, who shall not receive a profit, wage, or salary from any bingo game.

B. Only the Permittee Organization shall operate any bingo game or participate in the promotion, supervision or conduct of bingo games.

C. This Section does not preclude a Permittee Organization from employing or contracting another to employ security personnel who are not members of the Permittee Organization. Security personnel shall not operate or staff bingo games. (Ord. 817 §1, 2015)

5.08.160 Bingo Manager.

A. One or more members of the Permittee Organization shall be designated as Bingo Managers on an application for a permit under this Chapter and on any permit issued under this Chapter. A permitted Bingo Manger shall be present at all times that a Permittee Organization conducts bingo games and that Bingo Manager shall be responsible for the conduct and operation of the bingo games and for compliance with all applicable laws, rules and regulations.

B. No person may be a Bingo Manager unless he or she is a nonsalaried, noncompensated member of the Permittee Organization for at least six months before he or she is designated as a Bingo Manager. (Ord. 817 §1, 2015)

5.08.170 Bingo Manager Statement.

An applicant for a Bingo Manager shall file a written application in a format provided by the City Administrator stating, in addition to such information as may be required by the City Administrator.

A. Neither the Bingo Manager nor the members of the Permittee Organization will receive any profit, wage or salary, or any other direct or indirect consideration from any bingo game; B. The Bingo Manager applicant has read and understands all requirements of this Chapter for the conduct of bingo games in the City and accepts full responsibility for the conduct of such bingo games consistently with the requirements of this Chapter. (Ord. 817 §1, 2015)

5.08.180 Hours and days of operation.

A. Except as provided in subsection B of this Section, bingo games shall be conducted between noon and midnight for a maximum of six hours per day and no more than two days per calendar week by any Permittee Organization or on any one premises whether or not more than one organization is permitted to conduct bingo games on those premises.

B. The City Administrator may issue a permit to allow bingo games to be played over any consecutive threeday period provided that such permit is granted only once per calendar year to any Permittee Organization. A request for a permit under this subsection B shall be made on a form provided, and as otherwise specified, by the City Administrator. (Ord. 817 §1, 2015)
Redline version

2.A.b
Packet Pg. 210 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) 06/15
6 5.08.190 Rules of operation.

A. Except as provided in subsection C of Section 5.08.150, no person shall receive or pay profit, wage or salary from the proceeds of any bingo game conducted in the City. No person other than a Permittee Organization shall have, hold or obtain any financial interest in the conduct of bingo games.

B. No Permittee Organization or Bingo Manger shall permit:

1. Any person to participate in a bingo game, unless that player is present when the bingo game is conducted, except for Remote Caller Bingo Games;

2. Any person to play any game of bingo on credit;

3. Any minor to play bingo;

4. Any alcoholic beverage to be served or consumed in a room where a bingo game is conducted during or between the playing of the games without the appropriate permit from the Department of Alcohol Beverage and Control.

C. All persons who operate or staff bingo games shall wear on the outside of their clothing an identification insignia or badge, no less than two and
one-half by three and one-half inches in size, bearing the name of the Permittee Organization and the name and any title of the staff member.

D. Bingo games authorized under this Chapter shall be conducted only on premises identified on the permit to which they are conducted.

E. Bingo games shall be open to the public and may not be limited to the members of the Permittee Organization. (Ord. 817 §1, 2015)

5.08.200 Proceeds from games must be kept in separate fund.

A. All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes of the Permittee Organization, except as provided in Subsection B of this Section.

B. Any Permittee Organization other than an organization exempt from the bank and corporation tax under Section 23701 (d) of the Revenue and Taxation Code, shall use the proceeds of bingo games only for the charitable purposes of the Permittee Organization or as follows:

1. Such proceeds may be used for prizes and to pay permit and application fees under this Chapter; and

2. The portion of such proceeds specified by Penal Code section 326.5 may be used for rental property; overhead, including the purchase of bingo equipment; administrative expenses; security equipment; and security personnel. (Ord. 817 §1, 2015)

5.08.210 Inspection of premises.

A. No person shall interfere with, prevent or refuse to permit a duly authorized representative of the City Administrator, the Ripon Consolidated Fire District or any peace officer to inspect any place in which bingo games or remote caller bingo games are conducted in the City, whether or not bingo games or Remote Caller Bingo Games are being conducted at the time of the inspection.

B. Failure to allow, or interference with, an inspection constitutes a violation and shall be grounds for revocation of a permit or denial of a bingo application or permit. (Ord. 817 §1, 2015)

5.08.220 Permit revocation.

A. Whenever it shall be shown or whenever the City Administrator has knowledge that a Permittee, or agent Redline version

2.A.b
Packet Pg. 211 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) 06/15
7 thereof, has violated any of the provisions of this Chapter, the City Administrator shall immediately suspend the permit and give the organization or Bingo Manager written notice (“Notice of Suspension”) by registered mail of the suspension and a brief statement of the reasons therefor.

B. Upon receipt of the Notice of Suspension, the organization or Bingo Manager shall cease from conducting any bingo game or Remote Caller Bingo Game, and the failure to do so shall constitute a separate and further violation of this Chapter. (Ord. 817 §1, 2015)

5.08.230 Appeal.

A. In the event of any finding or decision of the City Administrator which is adverse to the application of an organization or Bingo Manager for a permit or renewal thereof under this Chapter, or if a permit is suspended or revoked, the organization or Bingo Manager may appeal to the City Council, provided, that such appeal is filed with the City Clerk within fifteen calendar days from the date of the finding or decision of the City Administrator. The City Administrator shall notify the organization or Bingo Manager of this right to appeal.

The finding or decision shall be mailed by registered mail, to the organization or Bingo Manager at the address which appears on the application for a permit or renewal thereof.

B. Failure of the City Administrator to receive a timely request for an appeal constitutes a waiver of the right to contest the finding or decision. Unless a timely appeal is filed, a finding or decision of the City Administrator shall be final.

C. Within forty-five (45) calendar days of the filing
date of an appeal, the City Council shall conduct a hearing on the appeal. The City shall give the appellant at least five calendar days’ mailed notice of the date, time, and location of the hearing at the address(es) specified on the appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the City pursuant to this Chapter.

D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Within ten calendar days after conclusion of the hearing, the City Council shall render its decision. The decision of the City Council shall be a final decision.

E. The failure of any appellant to appear at the hearing without such cause as the City Council may deem sufficient to justify a continuance shall constitute a default and the finding or decision of the City Manager shall thereupon be final. (Ord. 817 §1, 2015)

5.08.240 Audit and accounting requirements.

A. Prior to July 31st and prior to January 31st of each year, a Permittee Organization shall, at its own expense, submit in a format approved by the City Administrator a report of gross revenues, expenses and other information reasonably required by the City Administrator to enforce this Chapter. A Permittee Organization shall annually submit to the City Administrator a copy of its Federal tax return not later than sixty calendar days after that return is filed with the Internal Revenue Service.

B. A Permittee Organization shall maintain complete and accurate records of income received from, and prizes and other expenses disbursed in connection with the operation and staffing of bingo games.

C. The City Administrator may at any time demand a complete and detailed accounting of the records required under subsection B of this Section and any other data or information pertaining to the operation of bingo games maintained by a permitted organization. The City Administrator may subject that accounting and such data and information to, an agreed upon procedures examination, audit, and/or any other accounting review which may extend to, without limitation: (I) proceeds from the operation of bingo games, (ii) an accounting of the number of players and number of games played over a designated period, (iii) an inspection of bingo cards, funds, Redline version

2.A.b
Packet Pg. 212 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) 06/15
8 equipment or any other records or documentation in connection with the operation of games over a designated period, or (iv) a documentation of the charitable use of the proceeds of bingo games; D. Such detailed accounting or further data or information shall be provided at the expense of the Permittee Organization if, in the sole discretion of the City Administrator, such detailed accounting or further data or information is necessary for the enforcement of this Chapter.

E. In the event a Permittee Organization fails to render an accounting or provide information pursuant to the provisions of this Section within sixty calendar days of the City Administrator’s request, the City Administrator may suspend that organization’s permit until the requested accounting or information is provided. (Ord. 817 §1, 2015)

5.08.250 Civil remedies and criminal penalties.

The city attorney may bring an action to enjoin a violation of this Chapter.

A violation of subsection A of Section 5.08.160 and Penal Code section 326.53 © shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the General Fund of the City. A violation of any other provision of this Chapter constitutes a misdemeanor punishable under Section 1.08.020 of this Code. (Ord. 817 §1, 2015)
Redline version

2.A.b
Packet Pg. 213 Attachment: Chapter 5.08 Redline Version (930 : Chapter 5.08 Bingo) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 04/08/2025
Subject: Service Agreement - Open Gov building permit software RECOMMENDED ACTION:

Staff is recommending the City Council (1) approve and authorize the Mayor to execute the Master Services Agreement with OpenGov Inc. for a term of 2 years, 3 months in the amount of $119,180.55 and (2) direct staff to implement a technology maintenance and program recovery fee that will be added to all building permits.

BACKGROUND:

In a continual effort to enhance customer service and improve efficiency in the Building Department staff has been exploring options to streamline the City’s permitting and workflow processes. With limited staff resources, leveraging technology to improve business practices is a critical path for the success of the City. Currently, the City employs a very antiquated process utilizing an old Microsoft excel program designed years ago to track projects and process permits. Various vendors gave City staff software demonstrations over the last year, demonstrating how their software can help streamline the City's current process of approving permits submitted to the Building Department.

DISCUSSION:

To effectuate the need to identify and implement means and methods for streamlining workflow and development review and permit approval processes, City staff received demonstrations from three vendors of cloud-based platforms, including OpenGov, Accela, and Iworq. Staff also solicited pricing proposals from all three vendors.

Following the software demonstrations to understand the functionality of each system, staff members convened to discuss the strengths and weaknesses of each system. The following table is a summary of the platforms evaluated:

3.A
Packet Pg. 214
Platform One-time
Initialization Fee
Annual Fee 1 Notes
OpenGov $39,780 $33,432.80 + 5% annual increase Met all building department software objectives, plus lower up front cost
Accela $75,000 to
$125,000
$30,000.00 + 6.5% annual increase Met all building department software objectives, however larger up front cost
and higher annual inflator
Iworq $33,500 $20,000 (annual increases
unknown)
Did not meet building department
software objectives

1. Annual fee based on full year of service.

OpenGov’s Citizen Services Suite
Staff is recommending the City implements the OpenGov’s Citizen Services Suite. OpenGov is an all-in-one suite for permitting and inspections, and features a user-friendly constituent portal seamlessly integrated with backend data collection and approval rules. OpenGov delivers an allin-one cloud solution to streamline development review and permit approval processes from intake through issuance, which will lead to enhanced operations and workflow processes to enable the City to provide higher levels of customer service, while allowing staff to communicate, educate, and foster better engagement through interactive tools for businesses, developers, architects, contractors, constituents, and engineers.

Processing and Tracking Permits
The software will enhance the City’s customer service by opening up new customer service tools, which empowers applicants to conduct government business from the convenience of their home or office. The software will enable city staff to:
 Manage all permitting and inspection operations
 Use drag-and-drop technology to build workflows, fees, forms, and inspections, and have complete control over the entire process
 Process, approve, and issue permits electronically
 Enable applicants to apply, pay for, track, and receive their permits online  Manage schedules, access data, and conduct inspections in the field Automated Workflows
OpenGov enables real-time automation for permitting and inspection workflows. Applicants complete forms on an easy-to-use public interface, which are then routed in alignment with predetermined approval procedures based on the application type and project information. For optimal efficiency, this software will allow streamlining complex projects with multidepartmental approvals in order to achieve maximum efficiency.

This automated process will enable the City to provide a complete self-service option for applicants, eliminate the need for manual data entry and thereby allow for reallocation of staff hours to higher priority tasks, and improve processing times with workflow automation features, such as parallel approval steps and auto-assigned tasks.

3.A
Packet Pg. 215
Customer Support
The City will have access to 24/7 resource center support and live business day support from the initial launch of the software and beyond. OpenGov’s customer support is staffed by professionals with many years of public sector experience who can advise on best practices and process efficiencies. The scope of services provided includes migrating all the City’s existing permit information into the new system, completely setting up the permitting system including forms, etc. and training City Staff.

Implementation
If approved, it is estimated that training for City staff on the use and functionality of the software will begin later this month, with full design of the online permitting functions and system implementation for public use is expected within eight months. The training period will allow sufficient time for all City staff to be fully trained on the new system, to iron out the complexities of the implementation and changes to procedures, and ensure a successful deployment with the ease of public use being of highest priority.

Conclusion
The Master Services Agreement contract term is proposed to be for 2 years and 3 months in order for renewals to be lined up with the City’s fiscal year. In addition, the first year includes professional services for setup, implementation and training. The proposed costs are as follows:

Fiscal Year Professional Services Software Licensing Total 2024-2025 $39,780.00 $8,358.20 $48,138.20
2025-2026 $34,723.83 $34,723.83
2026-2027 $36,318.52 $36,318.52
Total $39,780.00 $79,400.55 $119,180.55
Staff recommends that the City Council approve the Master Services Agreement and related order form and statement of work (SOW), and authorize the Mayor to execute the Agreement on behalf of the City. The SOW contains certain workflows that will be setup by OpenGov, while also training staff to setup additional workflows.

The one-time cost to setup the software and complete the staff training is included in the Fiscal Year 2024-25 budget. In order to fund the software licensing annual fee, staff is proposing a technology maintenance and program recovery fee to cover the annual software licensing fee.

This fee would be added to all building permits processed by the Building Department.

On average, the City issues 550 building permits annually for such improvements as water heater replacement, roof replacement, subdivision improvements, home additions, etc. For the City to recover the total software licensing fee, the technology maintenance and program recovery fee would be established at $65 per permit and indexed annually at 5 percent in line with the Master Services Agreement annual increases.

If the City Council agrees with this proposal to recover the annual software licensing fee, staff will draft an update to Chapter 17.16 (Real Property Development Fees) establishing a Building Department Fee Schedule, which will include the above mentioned fee.

3.A
Packet Pg. 216
Staff is recommending the City Council (1) approve and authorize the Mayor to execute the Master Services Agreement with OpenGov Inc. for a term of 2 years, 3 months in the amount of $119,180.55 and (2) direct staff to implement a technology maintenance and program recovery fee that will be added to all building permits.

FISCAL IMPACT:

The 2024-25 budget approved $40,000 from the Department Capital fund for the acquisition of Building Permitting software, which should cover the initial implementation and training.

Staff is proposing a technology maintenance and program recovery fee to cover the yearly software licensing (subscription) fee. The alternative to this proposal is the annual licensing fee would be funded by the General Fund.

Attachments:

1. Order Form and Master Services Agreement

2. OpenGov Statement of Work

3.A
Packet Pg. 217
OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
Order Form Number: Q-05336 Prepared By: Amy Hudson
Created On: 03/26/2025 Email: [email protected]
Order Form Expiration: 04/30/2025 Contract Term: 27 Months Subscription Start Date: 04/01/2025
Subscription End Date: 06/30/2027
Customer Information:

Customer: City of Ripon, CA Contact Name: Ken Zuidervaart Bill To/Ship To: 259 N. Wilma Avenue Email: [email protected] Ripon, California Phone: 209-599-2108
95366
United States
Order Details:

Billing Frequency: Upfront
Payment Terms: Net 30 Days
SOFTWARE SERVICES:

Product Name Start Date End Date Annual Fee
Contractor License Verification 04/01/2025 07/01/2025 $533.93 Permitting & Licensing: Add-On Bundle 04/01/2025 07/01/2025 $1,648.21 Permitting and Licensing - Building Permits &
Inspectional Services Additional Service Area 04/01/2025 07/01/2025 $6,176.06 Contractor License Verification 07/02/2025 07/01/2026 $2,218.20 Permitting & Licensing: Add-On Bundle 07/02/2025 07/01/2026 $6,847.37 Permitting and Licensing - Building Permits &
Inspectional Services Additional Service Area 07/02/2025 07/01/2026 $25,658.26 Contractor License Verification 07/02/2026 06/30/2027 $2,320.07

3.A.a
Packet Pg. 218 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) Permitting & Licensing: Add-On Bundle 07/02/2026 06/30/2027 $7,161.84 Permitting and Licensing - Building Permits &
Inspectional Services Additional Service Area 07/02/2026 06/30/2027 $26,836.61 PROFESSIONAL SERVICES:

Product Name Start Date Description Fee
Professional Services
Deployment - Prepaid 04/01/2025 Custom Deployment from OpenGov Professional Services team. Scope-dependent. $39,780.00 Professional Services Total: $39,780.00
Customer Billing/Service Periods:

Period: Total:
04/01/2025 $48,138.20
07/02/2025 $34,723.83
07/02/2026 $36,318.52
Order Form Legal Terms:

This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/.

The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work.

Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice.

By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms
City of Ripon, CA: OpenGov, Inc.

Signature:
____________________________
Signature:
____________________________
Name:
____________________________
Name:
____________________________
Title:
____________________________
Title:
____________________________
Date:
____________________________
Date:
____________________________

3.A.a
Packet Pg. 219 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 1 OpenGov Master Services Agreement Revised September 1, 2024 OpenGov Master Services Agreement
The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services.

1. Definitions

1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record).

Customer Data does not include any confidential personally identifiable information.

1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems.

1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.

1.4. “Order Form” means the document(s) separately executed by the parties or attached as an Exhibit, that specifies the Software Services that OpenGov will provide to Customer under this Agreement.

1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2.

2. Software Services, Support, and Professional Services

2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial-off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). Software Services do not include any pre-release features, functionality, and/or software that Customer elects to use while they are in beta.

2.2. Support and Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours.

Customer may report issues any time; however, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement.

3.A.a
Packet Pg. 220 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 2 OpenGov Master Services Agreement Revised September 1, 2024

2.3. Professional Services

2.3.1. If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties, which is incorporated by reference. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date.

2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer.

3. Restrictions and Responsibilities

3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services, including but not limited to load testing, or stress testing; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.

3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third-party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services.

Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.

4. Intellectual Property Rights; License Grants; Access to Customer Data

4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent.

Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services.

4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to Customer. Customer grants OpenGov and its partners (such as hosting providers) a non3.A.a Packet Pg. 221 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 3 OpenGov Master Services Agreement Revised September 1, 2024 exclusive, royalty-free license to use, store, edit, and reformat Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of product enhancement, customer service, and data analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov.

4.3. Access to Customer Data. Customer may download Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods.

4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices, which is to delete Customer Data 45 days after termination or expiration of the Agreement. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2.

4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.

Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate Feedback into the Software Services and Documentation. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.

5. Confidentiality

5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation.

5.2. Confidential Information does not include: (a) data that Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

5.3. Each party agrees to obtain prior written consent before disclosing any of the other

3.A.a
Packet Pg. 222 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 4 OpenGov Master Services Agreement Revised September 1, 2024 party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure.

6. Term and Termination

6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3.

6.2. Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end of the then-current term.

6.3. Termination for Cause. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the nonbreaching party, the non-breaching party may terminate this Agreement.

6.4. Termination for Non-Appropriation. For any term after the first full year of this Agreement, Customer may terminate this Agreement if it does not appropriate funds to continue this Agreement in a future fiscal year by providing notice in writing no less than 30 days before the end of the then-current term. Such termination shall be effective upon the expiration of the then-current term. To invoke termination under this section, Customer must use good faith efforts to secure the appropriate funds for the next year’s fees.

6.5. Effect of Termination. Upon termination of this Agreement pursuant to Section 6: (a) Customer shall pay in full for all Software Services and Professional Services for the then-current annual term, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession.

7. Payment of Fees

7.1. Fees; Invoicing; Payment; Expenses.

7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable.

7.1.2. Annual Software Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year or as otherwise agreed upon in

3.A.a
Packet Pg. 223 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 5 OpenGov Master Services Agreement Revised September 1, 2024 the applicable renewal Order Form.

7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW or Order Form as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Receipts shall be provided for the travel expenses listed on the invoice.

7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe a late interest penalty of the maximum rate permitted by law and (b) If Customer’s account remains delinquent (with respect to payment of an undisputed invoice) for 10 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such service suspension based on such Customer’s delinquency.

7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax-exempt status, proper exemption certificates or other documentation acceptable to OpenGov.

8. Representations and Warranties; Disclaimer

8.1. By OpenGov.

8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement.

8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, OpenGov will reperform the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of the completion of Professional Services pursuant to the applicable SOW to receive such warranty remedies.

8.1.3. Software Services Warranty. OpenGov further represents and warrants that for the

3.A.a
Packet Pg. 224 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 6 OpenGov Master Services Agreement Revised September 1, 2024 Term, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free.

Customer must give written notice of any claim under this warranty to OpenGov within 90 days of Customer discovering the defect. For any breach of the Software Services warranty, OpenGov will repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted. If OpenGov is unable to do so, Customer may terminate the license for such Software Services and will be entitled to recover all fees paid to OpenGov for the deficient Software Services.

8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.

8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS”

AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,

REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR

LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR

INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR

ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY

FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT

EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and

9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and

3.A.a
Packet Pg. 225 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 7 OpenGov Master Services Agreement Revised September 1, 2024 (c) either party’s infringement of the other party’s Intellectual Property Rights.

9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.

10. Miscellaneous

10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov.

10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. For notices required by the Agreement the parties must communicate more formally in a writing sent via USPS certified mail and via email.

OpenGov’s addresses for notice are: [email protected] with a mailed copy to OpenGov, Inc., 660 3rd Street, Suite 100, San Francisco, CA 94107.

10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement.

10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.

10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.

10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement.

10.7. Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).

10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set

3.A.a
Packet Pg. 226 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) 8 OpenGov Master Services Agreement Revised September 1, 2024 forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors.

10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other.

10.10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of Customer’s jurisdiction, without regard to conflict of laws principles. The parties submit to personal jurisdiction and venue in the courts of Customer’s jurisdiction.

10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement. Any additional or different terms in a purchase order or click-through agreement are expressly rejected by the Parties and are void. Any modification to this Agreement must be in writing and signed by an authorized representative of each party.
[ENTER CUSTOMER NAME] OpenGov, Inc.

Signature ___________________________ Signature __________________________ Name ___________________________ Name __________________________ Title ___________________________ Title __________________________ Date ___________________________ Date __________________________

3.A.a
Packet Pg. 227 Attachment: Order Form and Master Services Agreement (4622 : Service Agreement - Open Gov building permit software) S
tatementofWork
CityofRipon, CA
CreationDate: 3/25/2025
SoWExpirationDate: 6/25/2025
DocumentNumber: PS-07429.1
Createdby: DeanSimpson
PS-07429.1
1 3.A.b
Packet Pg. 228 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) Table of Contents
OpenGov Statement of Work 3

1. Project Scope 3

2. Adjustments to the Project Scope, Estimated Schedule, Charges and other Terms 3

3. Project Delivery 3

4. Project Understanding 3

5. OpenGov Responsibilities 4

6. Project Tracking and Reporting 4

7. Communication and Escalation Procedure 4

8. Opengov Implementation Methodology 5

8.1. Initiate 5

8.2. Validate 6

8.3. Configure 6

8.5. Launch 6
9 . Customer Responsibilities 6

10. Customer’s Project Manager 7

11. Acceptance Procedure 7

12. Estimated Schedule 8

13. Illustrative Project Timelines 8

14. Change Order Process 9
Exhibit 1: Implementation Activities 10
Permitting & Licensing 10
Initiate 10
Validate 10
Configure 11
Train 13
Launch 14
Exhibit 2: Technical Requirements 15
Permitting & Licensing Technical Requirements 15
PS-07429.1
2 3.A.b
Packet Pg. 229 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) OpenGov Statement of Work
This Statement of Work (“SOW”) identifies services that OpenGov will perform for City of Ripon, CA (“Customer”) pursuant to the order for OpenGov Professional Services. This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. The OpenGov Responsibilities section of this document can be found in Exhibit 1: Implementation Activities. Any additional services or support not detailed in Exhibit 1 will be considered out of scope.

1. Project Scope
Under this project, OpenGov will deliver cloud based solutions (detailed list in “Exhibit 1”). OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Section 14.

2. Adjustments to the Project Scope, Estimated Schedule, Charges and other Terms Adjustments to the deliverables in Exhibit 1 may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates.

3. Project Delivery

3.1. OpenGov will perform the work under this SOW remotely unless explicitly identified below.

3.2. OpenGov will use personnel and resources located across the United States, and may also include OpenGov-trained implementation partners to support the delivery of services.

4. Project Understanding

4.1. Deviations that arise during the proposed project will be managed through the Change Order Process (as defined in Section 14) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and/or other terms.

4.2. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. Implementation of any custom modification or integration developed by OpenGov; Customer internal staff; or any third-party is not included in the scope of this project unless specifically listed in Exhibit 1.

4.3. The customer is responsible for providing appropriate time and resources to the project to meet deliverables as outlined in the project plan.

4.4. Data conversion services from other software system(s) or sources are not included in the scope of this project unless specifically listed in Exhibit 1.

PS-07429.1
3 3.A.b
Packet Pg. 230 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software)

5. OpenGov Responsibilities

5.1. OpenGov will provide project management for the OpenGov responsibilities in this SOW. This provides direction to OpenGov project personnel and a shared framework for project planning, communications, reporting, procedural and contractual activity.

5.2. OpenGov will review the Project Plan with Customer’s Project Manager and key stakeholders to ensure alignment on agreed upon timelines.

5.3. OpenGov will maintain project communications through Customer’s Project Manager.

5.4. OpenGov will establish documentation and procedural standards for deliverable materials.

5.5. OpenGov will assist Customer’s Project Manager to prepare and maintain the Project Plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones identified in Exhibit 1.

6. Project Tracking and Reporting

6.1. OpenGov will review project tasks, schedules, and resources and make changes or additions, as appropriate. OpenGov will measure and evaluate progress against the Project Plan with Customer's Project Manager.

6.2. OpenGov will work with Customer’s Project Manager to address and resolve deviations from the Project Plan.

6.3. OpenGov will conduct regularly scheduled project status meetings.

6.4. OpenGov will administer the Change Order Process with the Customer's Project Manager.

6.5. Deliverable Materials:

6.5.1. Weekly status reports

6.5.2. Project Plan

6.5.3. Project Charter, defining project plan and Go-live date

6.5.4. Risk, Action, Issues and Decisions Register (RAID)

6.6. Deliverable Sign-Off: OpenGov requests Sign-Offs at various deliverables during the implementation of the project. Once the Customer has signed-off on a deliverable, any additional changes requested by Customer on that deliverable will require a paid change order for additional hours for OpenGov to complete the requested changes.

7. Communication and Escalation Procedure

7.1. Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment, both parties agree to the following:

PS-07429.1
4 3.A.b
Packet Pg. 231 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software)

7.1.1. Regular communication aligned to the agreed upon Project Plan and timing.

7.1.2. OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known.

7.2. Executive involvement

7.2.1. Executives may be called upon to clarify expectations and/or resolve confusion.

7.2.2. Executives may be needed to steer strategic items to maximize the value through the deployment.

7.3. Escalation Process

7.3.1. Identification of an issue impeding deployment progress or outcome, that is not acceptable.

7.3.2. Customer or OpenGov Project Manager summarizes the problem statement and impasse.

7.3.3. Customer and OpenGov Project Managers jointly outline solution acceptance and OpenGov Project Manager will schedule an Executive Review Meeting, if necessary.

7.3.4. The resolution will be documented and signed off.

8. Opengov Implementation Methodology
Every OpenGov implementation will contain a structured methodology to properly plan and collaborate. The methodology consists of the following phases:
● Initiate
● Validate
● Configure
● Train
● Launch

8.1. Initiate

8.1.1. OpenGov will provide customer entity configuration.

8.1.2. OpenGov will provide system administrators creation.

8.1.3. This activity is complete when the customer has access to their site.

PS-07429.1
5 3.A.b
Packet Pg. 232 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software)

8.1.4. Customer will sign-off on product access to complete the Initiate Phase of the project.

8.2. Validate

8.2.1. OpenGov will create a Solution Blueprint.

8.2.2. OpenGov will confirm the Data Validation strategy.

8.2.3. This activity is complete when the Solution Blueprint is presented to the customer.

8.2.4. Customer will Sign-off on Initial Draft Solution Blueprint to complete the Validate Phase of the project.

8.3. Configure

8.3.1. OpenGov will configure the deliverables outlined in Exhibit 1.

8.3.2. This activity is complete when all deliverables in Exhibit 1 are configured.

8.3.3. Customer will provide Sign-off that all configuration deliverables have been completed and accepted. OpenGov will provide status and intermediate completion milestones as the project progresses to fully configured.

8.4. Train

8.4.1. Training will be provided in instructor-led virtual sessions unless otherwise specified in Exhibit 1.

8.4.2. OpenGov will provide Administrator training.

8.4.3. OpenGov will provide End User training (if listed in Exhibit 1).

8.4.4. Customer will sign-off that training has been completed.

8.5. Launch

8.5.1. OpenGov will provide HyperAdopt support post Go-Live to ensure successful adoption.

8.5.2. Customer will Sign-off on the HyperAdopt phase of the project which will transition the project from active deployment to Customer Success. 9 . Customer Responsibilities

9.1. The completion of the proposed scope of work depends on the full commitment and participation of Customer’s management and personnel. The Customer’s Project Manager should have access to the appropriate Customer Subject Matter Expert personnel needed for the successful implementation of the project. The responsibilities listed in this section are in addition to the responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by the customer. Delays in performance of these responsibilities may result in a change order and/or delay of the completion of the project.

PS-07429.1
6 3.A.b
Packet Pg. 233 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software)

9.2. Provide the required data to OpenGov within five (5) days of the requests being made from the OpenGov Project Manager. The Customer will be responsible for any potential charges from third parties to access and provide the data.

9.3. Maintain the same format and access to data on an ongoing basis. Any changes to the underlying data or data source may require a change order or charge in the future.

10. Customer’s Project Manager

10.1. Create, with OpenGov’s assistance, the Project Charter for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates.

10.2. Manage Customer personnel and responsibilities for this project (for example:
ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing).

10.3. Identify and assign Subject Matter Experts (SME).

10.4. Serve as the communication liaison between OpenGov and Customer representatives participating in the project.

10.5. Participate in project status meetings.

10.6. Obtain and provide information, data, and decisions within ten (10) business days of OpenGov’s request unless Customer and OpenGov agree in writing to a different response time.

10.7. Resolve deviations from the estimated schedule.

10.8. Help resolve project issues and escalate issues within Customer’s organization, as necessary.

10.9. Administer the Change Order Process with the Project Manager, if applicable.

11. Acceptance Procedure

11.1. The completed items in Exhibit 1 will be submitted to the Customer’s Project Manager.

11.2. Customer’s Project Manager will have decision authority to approve/reject all Project Criteria, Phase Acceptance and Engagement Acceptance.

11.3. Within five (5) business days of receipt, the Customer’s Project Manager will either accept the Deliverable Material or provide OpenGov’s Project Manager a written list of requested revisions. If OpenGov receives no response from the Customer’s Project Manager within five (5) business days, then the Deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance.

11.4. All acceptance milestones and associated review periods will be tracked on the Project Plan.

11.5 Both OpenGov and Customer recognize that failure to complete tasks and PS-07429.1
7 3.A.b
Packet Pg. 234 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) respond to open issues may have a negative impact on the Project.

11.6. For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the Project.

11.7. Excluding delays caused by a force majeure event, if OpenGov in good faith reasonably determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov may place the Professional Services on hold after providing a minimum of seven days written notice to Customer. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services in the on hold notice. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities.

12. Estimated Schedule

12.1. OpenGov will schedule resources after the signature of the order form is received. Unless specifically noted, the OpenGov assigned Project Manager will work with Customer Project Manager to develop the Project Charter for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.

12.2. The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures on Order Forms.

13. Illustrative Project Timelines

13.1. The typical project timelines are for illustrative purposes only and may not reflect Customer’s use cases. The order of delivery of the suite(s) will be determined during the project planning activities in the Initiate Phase.

Permitting & Licensing
PS-07429.1
8 3.A.b
Packet Pg. 235 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software)

14. Change Order Process

14.1. This SOW and related efforts are based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing, by both Customer and OpenGov, and documented via a Change Order. No verbal agreement will be binding on OpenGov or Customer.

14.2. A Change Order is defined as work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date. Changes might include but are not limited to:

14.2.1. Timeline for completion.

14.2.2. Sign off process.

14.2.3. Cost of change and/or invoice timing.

14.2.4. Amending the SOW to correct an error.

14.2.5 Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov.

14.2.6. Change in type of OpenGov resources to support the SOW.

14.3.The approval process for a Change Order is as follows:

14.3.1.Identification and documentation of a need for modification to the scope of the project as defined in the Statement of Work and any subsequent change orders.

14.3.2. A Change Order is created and Customer and OpenGov review. The Customer will then provide Sign-off.

14.3.3. Change Order is incorporated into the Statement of Work and implemented.

PS-07429.1
9 3.A.b
Packet Pg. 236 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) Exhibit 1: Implementation Activities
Permitting & Licensing
Use Cases for Permitting & Licensing:
● Building Permits & Inspectional Services
Initiate
Provisioning Permitting & Licensing Platform
OpenGov will:
● OpenGov will provision Customer’s OpenGov entity and verify Customer has access to all purchased modules.

Customer will:
● Confirm access to entity and modules.

Completion Criteria
● Customer verifies access to the site.

Data Initiation
OpenGov will:
● OpenGov will provide the needed data and format to the customer. ● The data needs will be discussed for the foundational initiation of the software. ● Assign a Project Manager once the data has been collected.

Customer will:
● Provide the required data in a timely manner.

Completion Criteria
● Customer sign-off that the Integrations are complete and the data is being captured as planned.

Validate
Technical Project Review
OpenGov will:
● Provide up to one (1) one-hour working sessions at the beginning of the project to:
o Review deliverables
o Review technical requirements
o Provide documentation on requirements and processes
PS-07429.1
10 3.A.b
Packet Pg. 237 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) OpenGov Assumptions:
● Customer will provide relevant data within two (2) weeks immediately following the kick-off meeting.

Customer will:
● Identify relevant participants for attendance.
● Confirm deliverables.
● Gather and provide relevant data for the project.

Completion Criteria
● Customer sign-off on project plan.

Configure
Record Types Deliverables
OpenGov will configure the following standard record types, including sub-types, drafts of Customer’s record types in the Permitting & Licensing system including Form, Workflow, Output Document and Fees:

Building and Inspectional Services Service Area
Three (3) record types from the following list:
● Residential Building Permit
● Commercial Building Permit
● Mechanical Permit
Customer will:
● Attend working sessions to validate, review, and iterate upon draft records. ● Test all configured record types
Completion Criteria
● Customer sign-off that the Record Types have been configured. Sign-off will occur with each completed Record Type.

Data Deliverables
Master Address Table (MAT) Integration
OpenGov will:
● Provide a template file to be utilized by the Customer to populate MAT information. ● Import the completed template file and validate against the completed template file.

Customer will:
● Populate and validate the MAT template.

Completion Criteria
● Customer sign-off that the Master Address Table has been configured.

ESRI ArcGIS Server Integration
OpenGov will:
● Integrate with the Customer’s ArcGIS public API endpoint.

Completion Criteria
PS-07429.1
11 3.A.b
Packet Pg. 238 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) ● Customer sign-off on the ESRI Integration.

GIS Flag Integration
OpenGov will:
● Provide a template file to be utilized by the Customer to populate GIS Flag information. ● Import the populated template file after acceptance.
● Enable the GIS Flag Integration.

Customer will:
● Populate and validate the flag template file.

Completion Criteria
● Customer sign-off on the GIS Flag Integration.

Accounting and Finance Export
OpenGov will:
● Provide an export of financial data, based on the Customer’s provided format, to the Customer’s FTPS as often as nightly.

Customer will:
● Agree upon specifications prior to export.

Completion Criteria
● Customer sign-off on the Accounting and Finance Export.

Autofill Integration
OpenGov will:
● Provide up to one (1) Autofill, using source data from OpenGov or provided by the Customer.

Customer will:
● Provide the source data, if applicable.
● Agree upon specifications prior to upload.

Completion Criteria
● Customer sign-off on the Autofill Integration.

State Contractor Integration
OpenGov will:
● Integrate with the California licensed professional dataset for use within OpenGov.

Completion Criteria
● Customer sign-off on the State Contractor Integration.

Single Sign On (SSO) Integration
OpenGov will:
● Provide the SSO enablement form.
● Implement identity provider initiated SSO for Microsoft ADFS, Microsoft Azure AD, or Okta.

Customer will:
● Complete the SSO enablement form.
● Provide the information from the identity provided required to establish SAML or HTTPS certification and add OpenGov as a new application in the identity provider.

Completion Criteria
● Customer sign-off on the SSO Integration.

PS-07429.1
12 3.A.b
Packet Pg. 239 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) Data Migration
OpenGov will:
● Perform historic data migration from in house system using flat files provided by and mapped by the customer.
● Set up historical record types, historical data will be migrated prior to the initial data load. ● Provide a report of unmatched locations
● Provide instructions for customer validation of data migration. ● Provide up to two (2) format changes for each integration file, allowing for necessary edits to be made during the testing and validation process.

OpenGov Assumptions:
● Data Migration does not exceed 250,000 records.
● Data Migration does not include database backup files. ● Data Migration does not include cleansing of corrupt data, creation or linking of applicant accounts, integration of historical fees and payments into workflow or financial reports, logs of permit changes, migration of data into the workflow, permit attachments, import of contractor database, or hierarchical relationships between records.

Customer will:
● Complete the OpenGov provided data templates within three (3) weeks of request. ● Validate data deliverables within three (3) weeks of request. ● Configure Record Types to align with the Project Plan’s Go Live and cutover to ensure the migration encompasses all records from the legacy system. ● Sign off on data load.

Completion Criteria
● Customer sign-off that the Data Migration has been completed.

Document Migration
OpenGov will:
● Migrate documents attached to either migrated permits or locations provided through a Master Address Table (MAT) integration.

OpenGov Assumptions:
● Document Migration does not exceed 1TB.

Completion Criteria
● Customer sign-off that the Document Migration has been completed.

Train
Administrator Training
OpenGov will:
● Provide up to twelve (12) hours of Permitting & Licensing system administrator training to enable system administrators on the following topics:
○ Setting up the public portal
○ Employee app settings
○ Creating and editing record types
○ Managing Forms
○ Editing Documents
PS-07429.1
13 3.A.b
Packet Pg. 240 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) ○ Creating Workflows
○ Setting up Inspections
○ Reporting & Transparency
■ Download and upload data
■ How to create reports and dashboards
○ Mobile app
Customer will:
● Identify the relevant participants to attend each training session.

Completion Criteria
● Administrator Training has been conducted.

End User Training
OpenGov will:
● Provide up to twelve (12) hours of end-user trainings designed for Plan Review, Inspectors, Finance Staff, etc. to cover the following topics:
○ Navigation of the system
○ Manage inbox and tasks
○ Take payments
○ Conduct inspections
○ Create records
○ Mobile app
Customer will:
● Identify the relevant participants to attend each training session.

Completion Criteria
● End User Training has been conducted.

Launch
HyperAdopt
OpenGov will:
● Provide up to eight (8) hours of HyperAdopt support from the OpenGov Project Team post Go-Live to ensure successful adoption.

Customer will:
● Identify issues and attend sessions
Completion Criteria
● Customer sign-off that the project has been completed.

PS-07429.1
14 3.A.b
Packet Pg. 241 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) Exhibit 2: Technical Requirements
Permitting & Licensing Technical Requirements
Master Address Table
● All addresses must have a unique ID
● Flat file, .csv, .xls, .xlsx, .txt with headers
● Parcels and address points recommended
● Recommended source data: Esri GIS, Alternative source options include: Assessor’s database, E911
ESRI ArcGIS
● A single publicly-accessible secure ESRI REST API URL ArcGIS Flags
● Polygon Layer(s) via ESRI REST API URL, Polylines and points are not supported ● Flags will be populated via the same Publicly-accessible secure ESRI REST API URL as provided for the ESRI ArcGIS integration.

Financial and Record Exports
● Required format (columns) and sample document
Autofills using Customer source data
● Flat file, .csv, .xls, .xlsx, .txt with headers
Current application forms, workflows, fee structures, and output documents ● PDF, Word, .csv, .xls, .xlsx with headers
Historical Data
● Flat file, .csv, .xlsx with headers
● Record type and status mapping using OpenGov template Historical Documents
● Flat file, .csv, .xlsx with headers
● One row per document. All rows must be tied back to the MAT’s unique ID field and have a file path or publicly accessible URL.
● Special characters, outside of the following list, are not supported and will be removed from file names upon migration to OpenGov.
○ Alphanumeric characters
■ A-z
■ A-Z
■ 0-9
○ Special characters
■ Exclamation point (!)
■ Hyphen (-)
■ Underscore (_)
PS-07429.1
15 3.A.b
Packet Pg. 242 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software) ■
Period(.)
■Asterisk(*)
■Singlequote(')
■Openparenthesis(()
■Closeparenthesis())
SSO
●SAMLorHTTPScertificate, WhitelistOpenGov inCustomerVPNorfirewall PS-07429.1 16 3.A.b
Packet Pg. 243 Attachment: OpenGov Statement of Work (4622 : Service Agreement - Open Gov building permit software)