Agenda — Ceres City Council, July 14, 2025 (part 1 of 11)

AGENDA
Amendment #2
Dated: July 10, 2025

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, July 14, 2025, at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez

ROLL CALL

Mayor: Javier Lopez
Vice Mayor: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero (District 3)

Click this link to join the webinar:
https://us02web.zoom.us/j/85896971897?pwd=M7BudXbwybQjzbm7daKp2V7pDMyFBj.1

Webinar ID: 858 9697 1897; Passcode: 156056; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING.

INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR WRITTEN

COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at [email protected].

AGENDA
Regular City Council Meeting
July 14, 2025

Page 2 ends

INVOCATION

Invocation by Chris Henry, Hope Tree Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

None

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5-minute provision.

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

A. Measure H Citizens’ Oversight Committee Appointments. (City Clerk)

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the July 14, 2025, City Council Meeting was Posted on Wednesday, July 9, 2025. (City Clerk)

2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Approval of Minutes for the June 23, 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated June 11 , 202 5, through June 25 , 2025 . (Esenwein)

AGENDA
Regular City Council Meeting
July 14, 2025

Page 3 ends

5. Resolution No. 2025-X XX, Approving a Five-Year Officer Safety Plan 10 Agreement with Axon Enterprise, Inc. and Authorizing the City Manager to Execute the Agreement. (Johnson)

6. Resolution No. 2025-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No.1 (Public Services). (Beltran)

7. Resolution No. 2025-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No. 2 (Public Services). (Beltran)

8. Resolution No. 2025-X XX, Approving Master Service Agreements for Geotechnical Engineering and Construction Observation and Material Testing Services and Authorizing the City Manager to Execute the Agreements. (Beltran) *Edits made to the following documents related to this item:
- Staff Report
- Attachment A – Resolution

9. Resolution No. 2025-X XX, Approving Master Service Agreements for General Civil Engineering and Surveying Services and Authorizing the City Manager to Execute the Agreements. (Beltran)
*Edits made to the following documents related to this item:
- Staff Report
- Attachment A – Resolution

10. Resolution No. 2025-X XX, Accepting the Fire Training Facility Phase 3 Tactical Tower Project as Complete and Authorizing the Filing of the Notice of Completion. (Beltran)

11. Resolution No. 2025-X XX, Approving a Three-Year Agreement with Dr. Jocelyn Roland, Ph.D., ABPP to Provide Psychological Counseling for all Police Employees and Preemployment Psychological Exams for Police Officer Applicants and Authorizing the City Manager to Execute the Agreement. (Johnson)

12. Resolution No. 2025-X XX, Approving a Three-Year Agreement with the Department of California Highway Patrol for their Use of the Police Department Range and Authorizing the City Manager to Execute the Agreement. (Johnson)

13. Resolution No. 2025-XXX, Approving the Measure L Master Funding Agreement Between the Stanislaus Council of Governments and the City of Ceres and Authorizing the City Manager to Execute the Agreement. (Beltran)

14. Resolution No. 2025-X XX, Approving Master Service Agreements for Traffic Engineering Services and Authorizing the City Manager to Execute the Agreements. (Beltran)
*Edits made to the following documents related to this item:

AGENDA
Regular City Council Meeting
July 14, 2025

Page 4 ends

- Staff Report
- Attachment A – Resolution

15. Resolution No. 2025-XXX, Approving the Construction Agreement for the 2024 Pavement Preservation Rebid (Project No. 2512, 2513, and 2514) to Consolidated Engineering, Inc., Approving 10% Contingency, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Beltran)

16. Resolution No. 2025-XXX, Ordering the Preparation of the Engineer’s Report for the Citywide Landscape and Lighting Maintenance Assessment District for Fiscal Year 2025-26. (Beltran)

17. Resolution No. 2025 -XXX, Authorizing the Sale of Canine Veko to Officer Brian Chandler. (Johnson)

18. Resolution No. 2025 -XXX, Approving an Agreement with Precision Concrete Cutting, Inc. for Concrete Cutting Services in the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, and Maxim Estates Subdivisions (New Project String) in an Amount Not-to- Exceed $86,636.55 and Authorizing the City Manager to Execute the Agreement . (Beltran)

19. Resolution No. 2025-XXX, Approving the Construction Contract for the Richland Sidewalk Improvement Project (2522) to George Reed, Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran)

20. Resolution No. 2025-XXX, Approving a Contract for Environmental, Right-of-Way, and Design Services for the Service Road / Mitchell Road Interchange Project to Dokken Engineering and Authorizing the City Manager to Execute the Contract . (Beltran)

21. Resolution No. 2025-XXX, Approving an Agreement with Hinderliter De Llamas & Associates (dba HDL Companies) for Business Licenses Administration Services , Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Esenwein)

22. Resolution No. 2025 -XXX, Approving a Cost -Sharing Agreement with the San Joaquin Valley Stormwater Quality Partnership (SJVSWQP) for Collaboration on Public Education and Outreach Activities Related to Permit Compliance with the National Pollutant Discharge Elimination System (NPDES) and Authorizing the City Manager to Execute the Agreement. (Royal)

23. Resolution No. 2025 -XXX, Approving an Agreement with Subsurface Technologies, Inc. for the Rehabilitation of Well 22 and Authorizing the City Manager to Execute the Agreement. (Royal)
AGENDA
Regular City Council Meeting
July 14, 2025

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24. Resolution No. 2025-XXX, Approving Project Amendment No.1 with KSN, Inc. for the Professional Consultant Services Agreement to Update the Sewer System Management Plan and Authorizing the City Manager to Execute the Amendment . (Royal)

25. Resolution No. 2025-XXX, Approving an Agreement with North Star Engineering Group, Inc. to Provide Planning Project Management Services, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (City Manager)

26. Resolution No. 2025-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and Laborers’ International Union of North America (LiUNA!) and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

27. Resolution No. 2025-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and Mid Managers Bargaining Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

28. Resolution No. 2024-XXX, Ratifying the Memorandum of Understanding between the City of Ceres and the First Line Supervisor Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS
None

PUBLIC HEARING

29. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Adding Sections 15.01.060, Public Improvements Defined, and 15.01.070, New Construction Defined, to Chapter 1, General Provisions, of Title 15, Buildings and Construction, of the Ceres Municipal Code; and Amending Section 15.02.120, Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; Amended, of Chapter 2, Building Code, of Title 15, Buildings and Construction, of the Ceres Municipal Code. (Beltran)

30. Resolution No. 2025 -XXX, Approving the Update to the Public Facilities Fee Nexus Study for the City’s Impact Fee Program and Adopting the Public Facilities Impact Fee Schedules. (Beltran)
*Edits made to the following documents related to this item:
- Added Attachment D – Presentation
AGENDA
Regular City Council Meeting
July 14, 2025

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NEW BUSINESS

None

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).

31. Digital Billboard Ordinance
(Requested by Vice Mayor Martinez at the June 9, 2025, Regular City Council meeting.)

32. Historic Downtown Signage
(Requested by Vice Mayor Martinez at the June 9, 2025, Regular City Council meeting.)

33. Military Banner Committee
(Requested by Councilmember Otero via the City Manager on June 25, 2025.)

REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his /her activities.

• Mayor
• City Council
• City Manager
o Lazy Wheels Update
• City Attorney
• Departments
o Neel Park Update (Royal)
o Fourth of July Update (Johnson)

CLOSED SESSION

34. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fridge benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.”
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
AGENDA
Regular City Council Meeting
July 14, 2025

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Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

35. Conference with Legal Counsel – Anticipated Litigation , Cal. Gov’t Code §54956.9(d)(2)
“For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case: 1 case

36. Conference with Legal Counsel – Initiation of Litigation , Cal. Gov’t Code §54956.9(d)(4)
“For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.” Potential Case: 1 case

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on July 28, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for th e Regular City Council Meeting was posted on Wednesday, July 9, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

AGENDA
Regular City Council Meeting
July 14, 2025

Page 8 ends

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s off ice at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Measure “H” Citizens’ Oversight Committee Appointment RECOMMENDED COUNCIL ACTION:

Staff recommends City Council conduct the open -meeting Measure H interview process and appoint three members to the Measure “H” Citizens’ Oversight Committee.

I. BACKGROUND:

The Measure “H” Citizens’ Oversight Committee currently has three vacancies, all of which were effective June 30, 2025. A notice of vacancies was published in the Ceres Courier on April 2, 2025, and again on April 16, 2025. The vacancies were also advertised on the City’s website, posted on social media multiple times on various department’s social media pages. The final filing date to apply was initially Wednesday, April 30, 2025. However, on April 30th there were only two applications received. Staff extended the deadline to May 29, 2025, and received one additional application, making a total of three applications received.

Per Ceres Municipal Code (CMC) 3.03.160(B) it states, “ Members of the Citizens’ Oversight Committee shall be appointed by the City Council. Additionally, CMC

3.03.160(B)(2) states, “All applications will be reviewed by the City Council, which will have the authority to make all final decisions on Committee representation, subject to these guidelines.”
At the April 28, 2025, City Council meeting, Council approved an amendment to the City Council Rules and Procedures Handbook which included amending the appointment process to boards, commissions, and committees. The amendment allows the Council to decide whether to hold interviews in an open -meeting or appointing a sub -committee to conduct interviews. At the May 12, 2025, City Council meeting, Council elected to conduct interviews for the current Measure H recruitment via an open meeting.

ITEM A
II. REASONS FOR RECOMMENDATION:

The Ceres Municipal Code specifies the members of the Measure “H” Citizens’ Oversight Committee shall be appointed by the City Council.

The open meeting interview process is explained in the Council Rules and Procedures.

1. Open Meeting Interview Process
a. Interview questions will be included on the application for each board, commission, and committee. City Council will receive all applications and questions as part of the agenda packet. Only personal information will be redacted from the applications, such as phone numbers and addresses.

b. At the City Council meeting the appointment is agendized for, the applicants may attend in -person or via Zoom and provide a brief introduction and interest statement.

c. City Council may not ask the applicants additional questions and shall make a selection based on the applicant's application, answers to the questions, their introduction, and interest statement.

III. FISCAL IMPACTS:

N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Each appointment will be a three-year term, effective July 1, 2025, through June 30, 2028.

All applicants that are appointed shall comply with the following:
• File a Statement of Economic Interests (Form 700)
• Comply with AB 1234 – Ethics Code
ITEM A

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Redacted Applications
ITEM A
ITEM A

ATTACHMENT A
ITEM A

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, June 23, 2025, at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Mayor Lopez called the June 23, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

Mayor: Javier Lopez
Vice Mayor: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero (District 3)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 3
Councilmember
Otero
District 4
Vice Mayor
Martinez
Mayor Lopez
Present Present Present Present Present

INVOCATION
Invocation by Chris Henry, Hope Tree Church.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Justin Farkas spoke regarding updates on Assemblyman Juan Alanis’ office.

Supervisor Channce Condit spoke regarding the community cleanup event on June 28, ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 23, 2025

Page 2 ends

2025.

Randy Cerny congratulated the new Police Chief Trenton Johnson, attaining police officers, code enforcement, city blight, street vendors, cooking out of homes, residential landscaping, landscape watering, Airbnb’s, semi -trucks in neighborhoods, thanked Councilmembers Casey and Otero.

Coni Goudeau spoke regarding the disarray of Ochoa Park.

Dave Pratt spoke regarding the Planning Commission meeting and number of food trucks in Ceres.

Shirley Rodgers spoke regarding grub hubs, food courts , and thanked Councilmember Casey.

Brandy Meyer spoke regarding the hot air balloon event and upcoming one table, one community event and golf tournament.

John Warren spoke regarding global issues going on in the Middle East.

Damon Flores spoke regarding his accomplishments at the Junior Olympics.

Nasson Sanchez spoke regarding the condition of Smyrna Park, City staff, and assisting a senior citizen resident of Ceres.

James Casey wished his grandfather, Councilmember Casey, a happy birthday.

Gene Yeakley thanked the attendees at the council meeting and thanked Councilmembers Casey and Otero.

CONFLICT OF INTEREST DECLARATION

None

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the June 23, 2025, City Council Meeting was Posted on Tuesday, June 17, 2025. (City Clerk)

DRAFT MINUTES
Regular City Council Meeting
June 23, 2025

Page 3 ends

3. Approval of Minutes for the June 2, 2025, Special City Council Meeting. (City Clerk)

4. Approval of Minutes for the June 9, 2025, Regular City Council Meeting. (City Clerk)

5. Register of Audited Demand(s) Dated May 28, 2025, through June 4, 2025 . (Esenwein)

6. Removed for separate consideration.

7. Resolution No. 2025 -048, Approving Amendment #1 for Building Inspection and Plan Check Services with Stanislaus County and Authorizing the City Manager to Execute the Amendment. (City Manager)

8. General Correspondence – Information Only
a. Public Works Monthly Report for April 2025. (Royal)

9. Removed for separate consideration.

10. Removed for separate consideration.

11. Resolution No. 2025 -051, Approving a Regional Solid Waste Disposal Plan Memorandum of Understanding between the City of Ceres and Stanislaus County and Authorizing the City Manager to Execute the Memorandum of Understanding. (Royal)

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving items 1 – 5, 7 – 8, & 11. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Yes Yes

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 6: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -047, Approving Addendum #1 to the Current School Resource Officer Services Agreement and Authorizing the City Manager to Execute the Agreement. (City Manager)

Councilmember Otero inquired about the cost of the School Resource Officer, what the district will be paying, and wanted it added for record keeping.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 23, 2025

Page 4 ends

Council and staff discussion included the length of the contract.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 6. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Yes Yes

Item 9: Removed for separate consideration by Councilmember Vierra

Resolution No. 2025-049, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Public Safety Mid Managers Association and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

Councilmember Vierra inquired about the contract expiration date.

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren spoke regarding the pay increase provided to the Ceres Public Safety Mid Managers Association, the cost per year and using reserve funds.

Mayor Lopez closed public comment.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 9. Motion carried 4/1/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
No Yes Yes Yes Yes

Item 10: Removed for separate consideration by John Warren

Resolution No. 2025-050, Ratifying the Memorandum of Understanding between the City of Ceres and Ceres Police Officers’ Association and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

Mayor Lopez asked for public comment. The following members of the public spoke:

John Warren stated he had the same comment for this item as he did for item 9.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 23, 2025

Page 5 ends

Irma Gutierrez was thankful for the help she received regarding the issue she had around her house.

Mayor Lopez closed public comment.

Council and staff discussion included the City’s financial budget, police officer retention, pulling money from reserves to recruit and retain officers.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 10. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Yes Yes

UNFINISHED BUSINESS

None

PUBLIC HEARING

12. Resolution No. 2025 -052, Adopting the Annual Budget for Fiscal Year 2026 Beginning July 1, 2025 , and Ending June 30, 2026 , and Approving Positions for Fiscal Year 2026. (Esenwein)

Resolution No. 2025 -053, Adopting Appropriations Limitations for Fiscal Year 2026. (Esenwein)

Finance Director, Shannon Esenwein introduced the item.

Mayor Lopez opened the public hearing for public comment. The following members of the public spoke:

Shirley Rodgers asked if money was budgeted for a Sister City.

Mayor Lopez closed the public hearing.

Council and staff discussion included legal services budget, revenue project ions for Kase Manufacturing and Kase’s Journey, internal audit for every department, interim budget to further review the FY 25/26 budget, budget updates, concerns regarding information related to upcoming City projects, transparency, reevaluation of priorities, additional planning related to the annual budget, updating the strategic plan, survey ing the community, Community Service budgeted item, what the Community Service budgeted item is intended for , if the money for the Community Service budget item is coming from reserves and if it will impact events ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 23, 2025

Page 6 ends

the Recreation Manager and Redevelopment & Economic Development Manager host, and creating a process on how the Community Service budgeted item will work.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 12. Motion carried 3/2/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
No Yes No Yes Yes

NEW BUSINESS

13. Resolution No. 202 5-054, Ratifying the Appointment of Trenton Johnson to the Position of Chief of Police, Approving an Employment Agreement, and Authorizing the City Manager to Execute the Agreement. (City Manager)

City Manager, Doug Dunford, introduced the item.

Mayor Lopez asked for public comment. The following members of the public spoke:

Mike Borges commended the Council and City Manager for selecting Trenton Johnson as Police Chief.

Lee Brandt congratulated Trenton Johnson.

Mayor Lopez closed public comment.

Council and staff discussion included their appreciation for Trenton Johnson.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 13. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Yes Yes

DISCUSSION ITEMS

None

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 23, 2025

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COUNCILMEMBER REFERRALS

None

REPORTS

• Mayor

Mayor Lopez spoke regarding Concerts in the Park, Whitmore gazebo ribbon cutting, and receiving an update on Ochoa Park.

• City Council

Councilmember Vierra spoke regarding Stanislaus Homeless Alliance and calling non-emergency to report illegal fireworks.

Councilmember Otero thanked staff for their communication regarding Ochoa Park, Police Department regarding their approach and response to homelessness, and a family who helped clean up Ochoa Park.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments
Recreation Manager, Joey Chavez, spoke regarding Concerts in the Park and the hot air balloon event.

Public Works Director, Sam Royal, provided an update on Ochoa Park.

Interim Police Chief, Trenton Johnson, spoke regarding how to report illegal fireworks and the amount of the fine.

CLOSED SESSION

14. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fridge benefits of its represented and unrepresented employees, and, for represented employees, any other matter withi n the statutorily provided scope of representation.”
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
June 23, 2025

Page 8 ends

REPORT FROM CLOSED SESSION

Vice Mayor Martinez reported that directions were provided to staff.

ADJOURNMENT

The next scheduled City Council Meeting will be held on July 14, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the meeting at 8:04 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

Consistent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Register of Audited Demand(s) Dated June 11, 2025, through June 25, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated June 11, 2025 through June 25, 2025 covering obligations to be paid by general warrants in the amount of $3,286,582.71 I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of demands against the City of Ceres covering obligations to be paid for the period ending June 11, 2025 through June 25, 2025.

Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.

I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.

II. REASONS FOR RECOMMENDATION:

The Finance Department monitors payments of invoices for accountability, accuracy, and completeness. Budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval. This allows for invoices to be paid in a timely manner to establish goodwill with merchants and allows for discounts to be taken where applicable.

ITEM 4
III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2024-25 budget. There is a $3,286,582.71 fiscal impact for the period of June 11, 2025 through June 25, 2025.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Warrant Register June 11, 2025 through June 25, 2025 ITEM 4

ATTACHMENT A
6/30/2025
1 Date Vendor name PO# Invoice Description Amount
150.00

49.95 49.95

49.95 49.95
150.00
105.00
1,630.00
105.00

49.95 49.95

49.95 49.95
1,645.00
105.00
4,289.60
22500062 4,274.00
4,274.00
162.51
162.51
449.58
449.58
396.00
396.00
402.46
402.46
06/11/25 1ST SECURITY & SOUND, INC ALARM REPAIR

ALARM SERVICES PUBLIC WORKS YARD

ALARM SERVICES CITY HALL / ANNEX
Voucher List
City of Ceres
06/11/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS Total:

ALARM UPGRADE INVOICE WAS SPLIT IN HALF

ALARM SERVICE MUSEUM & WHITMORE HOUSE
Total:

ALARM SERVICES PUBLIC WORKS/ FIRE

ALARM SERVICE COSTA FIELDS

ALARM SERVICE LEGION HALL

ALARM SERVICE WHITMORE MANSION

ALARM SERVICE PARKS YARD

ALARM SERVICE COMMUNITY CENTER

ALARM SERVICE RIVERBLUFF PARK

ALARM SERVICE/ SERVICE CALL

ALARM SERVICE COMMUNITY CENTER (FIRE)

ALARM SERVICE REPAIR AND UPGRADE CCC/SPLIT INVOICE
06/11/25 AVENU MUNISERVICES MAY25 PROCESSING BL ADMIN SVCS-24 LICENSES Total:
06/11/25 ASCAP 1/1/25 - 5/31/26 MUSIC LICENSE FEES Total:
06/11/25 AMAZON CAPITAL SERVICES, INC. INFLATOR PARTS Total:
06/11/25 AZCO SUPPLY, INC. 4 TRAFFIC SIGNALS, 4 ELECTRIC LIDS Total:

ITEM 4

ATTACHMENT A
6/30/2025
2 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
2,199.79
2,199.79
1,259.73
1,259.73
22500030 5,740.00
5,740.00
2,815.79
2,815.79
244.89
244.89
663,780.46
663,780.46
101.75
101.75
666.00
666.00
22400089 170,525.00
170,525.00
22500108 40,720.70
40,720.70
2,875.00
2,875.00
198.00
198.00
06/11/25 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL LLP LEGAL FEES FOR LAWSUIT Total:
06/11/25 BAUER COMPRESSORS, INC ANNUAL SERVICE FS 17 Total:
06/11/25 CENTRAL SANITARY SUPPLY, LLC FLOOR WAX AT WWTP Total:
06/11/25 CENCAL PORTABLES INC. 6/14/25 HOT AIR BALLOON FESTIVAL PORTABLE RESTROOM Total:
06/11/25 AMANDA FENTON MAY 25 FEDERAL ADVOCACY & GRANT SRVCS AGRMT Total:
06/11/25 CLARK PEST CONTROL, INC, MIDGE FLY ABATEMENT Total:
06/11/25 CITY OF MODESTO 04/24-05/27/25 - WTR SVCS F/S #2 Total:
06/11/25 CITY OF MODESTO JUN 25 FIRE PROTECTION PREVENTION Total:
06/11/25 BERNARD A LICATA CONSULTING FEES
Total:
06/11/25 EIDE BAILLY LLP MAY 2025 ACCOUNTING CONSULTING SERVICES Total:
06/11/25 CONCO WEST INC. MAY 25 WELL 22 (GAC)TRTMNT PROJ P23-008 RESO24-001 Total:
06/11/25 FEDEX FREIGHT, INC. WELL 23 TERMINAL INSPECTION Total:

ITEM 4

ATTACHMENT A
6/30/2025
3 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres

37.80 42.80

42.80 1,258.95
696.15

37.80 42.80

42.80 696.15
1,258.95
696.15
4,933.75
193.04
101.45
294.49
191.49
191.50
382.99

34.97 69.45
116.95

47.17 70.57
339.11

DRINKING WATER NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER QUALITY SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER QUALITY SAMPLES

DRINKING WATER BACTI SAMPLES
WELL 16 NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES
DRINKING WATER NITRATE SAMPLES WELL 16
06/11/25 GEOANALYTICAL LABORATORIES, INC NITRATE SAMPLES AT WELL 16

DRINKING WATER NITRATE SAMPLES

NITRILE GLOVES
Total:
06/11/25 GREEN RUBBER-KENNEDY AG BALL VALVE FOR STREET SWEEPER .99 TONS OF ASPHALT FOR PATCHING
Total:
06/11/25 GRAINGER NITRILE GLOVES
Total:
06/11/25 GEORGE REED, INC. 1.99 TONS OF ASPHALT FOR PATCHING

STREET SWEEPER BALL VALVE HANDLES

STREET SWEEPER FILL HOSE
HOSES

PVC BUSH - STOCK
Total:

ITEM 4

ATTACHMENT A
6/30/2025
4 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
22500050 7,302.75
7,302.75
201.40
201.40
1,689.17
1,689.17
6,000.00
6,000.00
379.31

97.07 97.49
159.91

70.30 804.08
1,818.00
1,818.00
3,750.00
3,750.00
200.00
200.00

47.92 42.48

90.40 90.47

90.47 17.44

49.96 67.40
1,182.08
1,182.08
06/11/25 HUGHSON FARM SUPPLY CHAINS FOR CHAINSAW
Total:
06/11/25 HEWLETT-PACKARD COMPANY COMPUTERS AND MONITORS Total:
06/11/25 K & D ENTERPRISES INC. 10 TONS OF BASE ROCK

6.89 TONS OF BASE ROCK

6.92 TONS OF BASE ROCK
06/11/25 ITPIPES OPCO, LLC CCTV ANNUAL SUBSCRIPTION 2025 Total:
06/11/25 INFOSEND, INC. 2024 CCR BILL INSERT
Total:
06/11/25 MELANEE JEAN SCARBOROUGH 6/14/25 HOT AIR BALLOON PILOT COORDINATOR Total:
06/11/25 KJELDSEN, SINNOCK & NEUDECK, INC. SEWER SYSTEM MANAGEMENT PLAN Total:

11.35 TONS OF BASE ROCK

4.99 TONS OF BASE ROCK
Total:
06/11/25 MODESTO COLOR CENTER PAINT TO COVER GRAFFITI AT SMYRNA PARK Total:
06/11/25 MISSION LINEN SUPPLY 6/2/25 UNIFORM SERVICES STREETS 6/02/25 UNIFORM SERVICES FACILITIES
Total:
06/11/25 J. RAMIREZ BOOT ALLOTMENT PER MOU 24/25 Total:
06/11/25 MOTOR PARTS DISTRIBUTORS INC VALVE,COOLING FAN,BULBS,FILTERS,WIPERS,FREEON,OIL Total:
06/11/25 MODESTO WINDUSTRIAL CO 2" ADPT/ STOCK

MISCELLANEOUS HARDWARE
Total:

ITEM 4

ATTACHMENT A
6/30/2025
5 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
2,055.60
2,055.60
1,197.65
1,197.65
539.35
319.40
858.75
22500041 830.00
830.00
500.00
500.00
554.88
554.88
1,283.71
1,283.71
125.00
125.00
136.70
136.70
22500106 10,235.00
10,235.00
22500020 9,508.75
22500020 6,875.61
16,384.36
316.29
316.29
840.00
840.00
06/11/25 POINT EMBLEMS, LLC CHALLENGE COINS
Total:
06/11/25 RIVER CITY GEOPROFESSIONALS, INC. JAN 25 WHITMORE GAZEBO PARK UPGRADES AGRMNT #1 Total:
06/11/25 RAYCO INDUSTRIAL SUPPLY INC M18 BATTERY VEHICAL CHARGER SMALL TOOLS FOR WORK TRUCK 239
Total:
06/11/25 R & S ERECTION TRI-COUNTY INC EMERGENCY REPAIR TO OVERHEAD DOOR AT FS 17 Total:
06/11/25 SHANE PARSON HOT AIR BALLOON FESTIVAL SHIRTS 2025 Total:
06/11/25 SAFE T LITE OF MODESTO INC TRAFFIC SIGNS AND DECALS Total:
06/11/25 ROBERTO GLORIA JR. 6/3/25 CONCERTS IN THE PARK BAND Total:
06/11/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
06/11/25 SNAP-ON INCORPORATED PARTS AND TOOLS FOR FLEET Total:
06/11/25 SILVEIRA, JOHN L JR. 6/17/25 SOUND SYSTEM TECH CONCERTS IN THE PARK Total:
06/11/25 TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC MAY 2025 K9 TRAINING Total:
06/11/25 THE SHERWIN-WILLIAMS CO. STORE #8149 PAINT Total:
06/11/25 STANISLAUS COUNTY BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25 BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25
Total:

ITEM 4

ATTACHMENT A
6/30/2025
6 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
22500068 1,105.00
1,105.00

83.15 83.15
27,882.79
27,882.79
279.69
279.69
209.00
209.00
22400048 7,825.00
7,825.00
138.00
138.00
4,200.00
4,200.00
14,413.88
14,413.88

6.04 6.04
485.78
485.78
192.09

52.01 244.10
22500104 160,344.96
160,344.96

32.13 32.13
06/11/25 U.S. BANK VISA MAY 25 VISAS
Total:
06/11/25 M AND D FAMILY ENDEAVORS, INC K9 FOOD - FIONA Total:
06/11/25 TROY E. SLAYBAUGH GRAFFITI ABATEMENT - CODE AND PARKS Total:
06/11/25 WESTWOOD PROFESSIONAL SERVICES MAY 25 WHITMORE AVE REHABILITATION PROJ STPL(075) Total:
06/11/25 VALLEY CRITTER CARE, INC URGENT CARE APPOINTMENT - K9 VEKO Total:
06/11/25 UNITED SITE SERVICES MAY 2025 RANGE TOILET RENTAL Total:
06/18/25 ADAPTIVE DIGITAL SYSTEMS, INC TOBACCO GRANT VIDEO/AUDIO SUPPLIES Total:
06/18/25 ABSOLUTE SOFTWARE, INC NETMOTION VPN FOR DPS CARS - YEARLY SUBSCRIPTION Total:
06/18/25 209 MULTIMEDIA CORPORATION LEGAL AD: PH NOTICE CC#5-9 ORDINANCE #2025-1088 Total:
06/18/25 AMAZON CAPITAL SERVICES, INC. MOWER BLADES & WALL PLATE

FLASHLIGHT
Total:
06/18/25 AL'S CERTIFIED SAFE & LOCK INSTALL LOCK AT PD Total:
06/18/25 AIRGAS USA, LLC TORCH GLASS
Total:
06/18/25 AT&T 06/7-07/6/25 FIRE ALARM SVCS - PHONE LINE Total:
06/18/25 AMERICAN FIRE TRAINING SYSTEMS INC FIRE TRAINING FACILITY PH 3 TACTICAL TWR ARGMNT Total:

ITEM 4

ATTACHMENT A
6/30/2025
7 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
2,418.41
162.81
369.92
2,951.14
5,047.08
5,047.08
247.49
247.49
187.90
187.90
576,442.42
576,442.42
22500047 3,831.50
22400075 127.50
3,959.00
4,530.00
885.00
5,415.00
216.75
167.98

38.69 423.42
440.00
504.00
944.00
117.42
117.42
360.00
360.00
06/18/25 AT&T MAY 25 CALNET SVCS
04/20-05/19/25 T-1 LINE FOR CONNECTION FROM CORP
04/20-05/19/25 PHONE SVCS MULTIPLE LINES
Total:
06/18/25 BELKORP AG, LLC REPLACEMENT GRASS BAGS FOR MOWER Total:
06/18/25 ATCO MANUFACTURING CO. WASP SPRAY
Total:
06/18/25 AT&T MAY 25 PHONE SVCS - SHORETEL
MAY 25 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE
Total:
06/18/25 BSK ASSOCIATES WATER QUALITY SAMPLES
Total:
06/18/25 BLACK WATER CONSULTING ENGINEERS, INC MAY 25 2022 WATER MAIN AND SERVICE REPLACEMENT Total:
06/18/25 BERTOLOTTI CERES DISPOSAL, INC MAY 2025 GARBAGE FRAN FEE LESS WRITE OFFS 06/18/25 CAR WASH PARTNERS, INC. MAY 25 CAR WASHES FOR PW DEPT MAY 25 CAR WASHES FOR POLICE DEPT
Total:

CONCRETE FOR HYDRANT KICKER
DORMA CT. FILL DIRT FOR SERVICE LINE REPLACEMENT
Total:

WATER QUALITY SAMPLES
Total:
06/18/25 CALIFORNIA LANDSCAPE SUPPLY, INC. RIVERBLUFF PARKING AREA 06/18/25 CHARTER COMMUNICATIONS FIBER INTERNET FOR SCADA-WASTEWATER Total:
06/18/25 CENTRAL SANITARY SUPPLY, LLC SCRUBBER
Total:

ITEM 4

ATTACHMENT A
6/30/2025
8 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
360.00
360.00
268.25
268.25

29.82 29.82
144,740.84
144,740.84
73,465.89
73,465.89
430.14
430.14

64.00 64.00
264.00
264.00
1,655.32
1,655.32
441.26
441.26
22500129 3,150.00
3,150.00

30.32 30.32
06/18/25 CHARTER COMMUNICATIONS FIBER INTERNET FOR SCADA-WASTEWATER Total:
06/18/25 CITY OF MODESTO 4/30-5/31/25 NORTH CERES SEWER SRVCS FY24/25 HOS Total:
06/18/25 CITY OF MODESTO 4/21/-5/27/25 WATER SVCS ROW @ RICHLAND AVE Total:
06/18/25 CHARTER COMMUNICATIONS 06/01-30/2025 PD CABLE SVCS Total:
06/18/25 DEPT OF JUSTICE ACCOUNTING OFFICE CASHIERING MAY 25 FINGERPRINT APPS Total:
06/18/25 CORELOGIC SOLUTIONS, LLC MAY 2025 METRO SCAN OLINE ACCESS Total:
06/18/25 CITY OF TURLOCK MAY 25 TURLOCK SEWER USE CHARGES 5/1-5/31/25 Total:
06/18/25 EMC PLANNING GROUP INC. HOUSING ELEMENT UPDATE MAY 2025 Total:
06/18/25 DITTOS COPY CENTER, INC. GUN VIOLENCE EMERGENCY PROTECTIVE ORDERS Total:
06/18/25 DEPT OF JUSTICE ACCOUNTING OFFICE- CASHIERING MAY 2025 LIVE SCANS Total:
06/18/25 FEDERAL EXPRESS SHIPPING FEE FOR DISPATCH TESTING Total:
06/18/25 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE,INC ARCGIS ANNUAL RENEWAL Total:

ITEM 4

ATTACHMENT A
6/30/2025
9 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
-1,183.66
1,217.14

89.45 -844.83
952.86
1,325.93
1,556.89
246.00
225.00
471.00
115.00

42.80 157.80

30.45 30.45
500.87
500.87
3,973.17
307.03
4,280.20
8,514.85
8,500.67
17,015.52

51.56 51.56
06/18/25 FERGUSON US HOLDINGS, INC 6IN PUMP DIFFUSER FOR LAGOON AERATOR RETURN 6IN PUMP DIFFUSER & FITTINGS

TOILET TANK
06/18/25 GEOANALYTICAL LABORATORIES, INC GEO MONTHLY ANALYSIS JUNE 25

DRINKING WATER NITRATE SAMPLES
Total:
06/18/25 GATE-OR-DOOR INC. GATE REPAIR AT RIVERBLUFF

GATE REPAIR FOR CITY HALL
Total:

RETURN/ CREDIT INVOICE 1848886

HYDRANT REPLACED AT VALLEY OAK

WATER PUMP, GASKET FOR SERVICE TRUCK
Total:
06/18/25 HERITAGE LANDSCAPE SUPPLY GROUP, INC IRRIGATION VALVES, SPRINKLERS, FITTINGS

TREE STRAPS
Total:
06/18/25 HD SUPPLY, INC CL2 TEST BOTTLES
Total:
06/18/25 GREEN RUBBER-KENNEDY AG PVC PARTS FOR ONCALL TRUCK Total:
06/18/25 HUNT OIL OF CALIFORNIA PATCH TRUCK PROPANE Total:
06/18/25 HUNT & SONS LLC FUEL FOR PD 5-16/31-25
FUEL FOR PW 5-16/31-25
Total:

ITEM 4

ATTACHMENT A
6/30/2025
10 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres

60.00 60.00

60.00 300.00
101.33
101.33
22,799.12
1,200.00
23,999.12
6,428.98
475.00
6,903.98
298.03
298.03
22500103 244,077.80
244,077.80
6,833.08
1,995.78
8,828.86

15.68 11.48

27.16 200.00
200.00
564.40
564.40

WATER QUALITY SAMPLES

WATER QUALITY SAMPLES
Total:
06/18/25 IEH-JL ANALYTICAL SERV INC. WATER QUALITY SAMPLES

WATER QUALITY SAMPLES

WATER QUALITY SAMPLES
06/18/25 INFOSEND, INC. MAY 2025 UB STATEMENT POSTAGE, MAILING & SUPPLIES MAY 2025 UB ONLINE MAINT & SUPPORT FEE
Total:
06/18/25 INDUSTRIAL ELECTRICAL CO. 1-5 REPLACEMENT AERATOR MOTOR, MOUNT,BALANCE

GEN ANNUAL INSPECTION AND REPAIR
Total:
06/18/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES FS 1 Total:
06/18/25 MIRACLE PLAYSYSTEMS INC SLIDE FOR SMYRNA PLAYGROUND

FINGER MAZE FOR SMYRNA PLAYGROUND
Total:
06/18/25 MID-CAL PIPELINE & UTILITIES MAY 25 MORGAN RD STORM DRAIN (PROJ #2408) 2024-143 Total:
06/18/25 M&G-4 13 INC. 6/19/25 SENIOR LUNCH EVENT Total:
06/18/25 S. ESENWEIN 6/27-7/2 GFOA CONFERENCE Total:
06/18/25 E. SOITO BOOT ALLOTMENT PER MOU FY24/25 Total:
06/18/25 ANGELICA HERNANDEZ MAY 25 MILEAGE REIMBURSEMENT

MILEAGE FOR ERC BBQ
Total:

ITEM 4

ATTACHMENT A
6/30/2025
11 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres

25.00 25.00

10.00 67.62

63.22 54.12
172.09

47.92 36.40

45.98 497.35
378.41
378.41
941.62
1,070.68
2,012.30
238.43
238.43

46.01 122.36
168.37
126.33
1,021.31
175.22
1,322.86

43.14 2,500.00
2,543.14
Total:
06/18/25 MUNICIPAL MAINTENANCE EQUIPMENT INC HOSE FOR FLEET 6/2/25 UNIFORM SERVICE WASTEWATER
6/9/25 UNIFORM SERVICE WASTEWATER
6/9/25 UNIFORM SERVICE STREETS
6/9/25 UNIFORM SERVICE PARKS
6/9/25 UNIFORM SERVICE FACILITIES
06/18/25 MISSION LINEN SUPPLY 6/9/25 MATS FOR PW ADMIN BUILDING 6/2/25 UNIFORM SERVICE WTR/ WTR CON
6/9/25 UNIFORM SERVICE WATER/ WTR CONSERVATION
06/18/25 STANISLAUS COUNTY LAW ENFORCEMENT LEX ANNUAL MEMBERSHIP FOR CHIEF JOHNSON Total:

Total:
06/18/25 O'REILLY AUTO PARTS PIN AND CLIP
CLS WELL #39 & 40
Total:
06/18/25 NOWDOCS INTERNATIONAL, INC. AP CHECKS STOCK Total:
06/18/25 NORTHSTAR CHEMICAL WELL #27 CL2
06/18/25 RAYCO INDUSTRIAL SUPPLY INC DIAGONAL CUTTERS

TOOLS & TOOL SUPPLIES
Total:

BUMPER PARTS
PANEL FOR UNIT 3020722
Total:

BATTERY
Total:
06/18/25 PRICE FORD OF TURLOCK, INC. MOLDINGS AND IMPACT ITEM 4

ATTACHMENT A
6/30/2025
12 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
800.00
800.00
4,186.47
4,186.47
22500041 1,315.00
1,315.00
500.00
500.00
125.00
125.00
3,660.00
3,660.00

95.00 95.00
803.06
803.06
5,034.10
5,034.10
22400061 5,553.30
5,553.30
529.35
529.35
3,545.00
3,545.00

16.81 16.81

47.55 47.55
06/18/25 RIVER CITY GEOPROFESSIONALS, INC. NOV 24 WHITMORE GAZEBO PARK UPGRADES AGRMNT#1 Total:
06/18/25 REXEL USA, INC. 2 REPLACEMENT PLC'S ANALOG CARDS FOR LIFT STATION Total:
06/18/25 VERONICA CRUZ CRUZ P8683 5/10/25 RFND CC LRG RM Total:
06/18/25 STANISLAUS COUNTY AUDITOR-CONT SR911 RADIO MAINTENANCE Total:
06/18/25 SILVEIRA, JOHN L JR. 6/24/25 SOUND SYSTEM TECH CONCERTS IN THE PARK Total:
06/18/25 RODRIGUEZ, MARLENE DOLORES 6/17/25 CONCERTS IN THE PARK BAND Total:
06/18/25 T-MOBILE USA, INC APR 21- MAY 20 2025 T-MOBILE PHONE SVCS Total:
06/18/25 SUMEET SINGH REPLACEMENT MICROPHONES Total:
06/18/25 STANISLAUS FOUNDATION DENTAL CARE TRUST DENTAL CLAIMS PAID 6/12/25, CLAIM DATE 10/14/24 Total:
06/18/25 U.S. BANK 5/1/25-4/30/26 ADMIN FEE - SCRC TABS ISSUE 2000 Total:
06/18/25 TURF STAR INC PILLEY, SPACER ,AND SCREWS Total:
06/18/25 TL ENGINEERING MAY 25 BIKE LANE CORRIDORS CLASS II CML-5241(074) Total:
06/18/25 ANDERSON, SHERILYN A UB REFUND 0080 Total:
06/18/25 ALMANZA, JOSE SOCORRO UB REFUND 0590 Total:

ITEM 4

ATTACHMENT A
6/30/2025
13 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres

43.29 43.29

30.74 30.74

96.09 96.09

53.23 53.23

22.34 22.34

39.44 39.44

14.50 14.50

35.56 35.56

59.69 59.69

53.12 53.12

41.07 41.07

58.46 58.46
492.21
492.21

93.67 93.67
06/18/25 BRIONES, BRUCE M UB REFUND 0070 Total:
06/18/25 FERNANDEZ CONTRERAS, JOSE DE JESUS UB REFUND 0120 Total:
06/18/25 CUEVAS-CASTILLO, ALFONSO UB REFUND 0390 Total:
06/18/25 CASTILLO, ROBIN L UB REFUND 9703 Total:
06/18/25 FREDERICKSEN, ANTHONY FLYNN UB REFUND 0080 Total:
06/18/25 FRANCO, ANA ROSA UB REFUND 0200 Total:
06/18/25 FIVE STAR PROPERTY MANAGEMENT UB REFUND 0211 Total:
06/18/25 HUSSEIN, TERRI L UB REFUND 0140 Total:
06/18/25 GEARHART, DANIEL UB REFUND 0350 Total:
06/18/25 GARCIA, EMILIEE LEONA UB REFUND 0010 Total:
06/18/25 KODIAL PROPERTIES LLC UB REFUND 0110 Total:
06/18/25 KERSWELL, LORRAINE A. UB REFUND 0350 Total:
06/18/25 KAUR, JASWANT UB REFUND 0120 Total:
06/18/25 KODIAL PROPERTIES LLC UB REFUND 0110 Total:

ITEM 4

ATTACHMENT A
6/30/2025
14 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
179.56
179.56

73.31 73.31

41.53 41.53

95.01 95.01

19.29 19.29

28.67 28.67

39.06 39.06

29.23 29.23

50.43 50.43
121.50
121.50

95.58 95.58

96.09 96.09

95.01 95.01
06/18/25 LAL, ALIN SYLVIE UB REFUND 0250 Total:
06/18/25 KREPELA, MAURISA UB REFUND 0260 Total:
06/18/25 MC CORMACK, WILLIAM UB REFUND 0240 Total:
06/18/25 MARTINEZ, EVA M UB REFUND 0120 Total:
06/18/25 MARQUEZ, LAURA T UB REFUND 0110 Total:
06/18/25 NELSON, NANCY UB REFUND 0050 Total:
06/18/25 MEYER, JAMIE LEE UB REFUND 0380 Total:
06/18/25 MENDOZA, GRICELDA UB REFUND 0050 Total:
06/18/25 PERDUE, NORENE & DEVEATA UB REFUND 0100 Total:
06/18/25 PAPADOPOULOS, STELIOS DEMOS UB REFUND 0200 Total:
06/18/25 OLIVAREZ, ALEJANDRA UB REFUND 0120 Total:
06/18/25 SANCHEZ, ELVIA ESPARZA UB REFUND 0280 Total:
06/18/25 RAMIREZ, ANNABELLE UB REFUND 0130 Total:

ITEM 4

ATTACHMENT A
6/30/2025
15 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres

24.45 24.45
146.22
146.22
122.66
122.66

96.09 96.09

52.57 52.57

91.75 91.75
5,006.28
5,006.28

44.40 83.74
128.14

27.49 498.00
525.49
22500055 24,474.40
22500056 14,779.00
22500056 4,943.20
10,080.00
54,276.60
22500133 209,940.00
209,940.00
06/18/25 SANDOVAL, VICTORIA L UB REFUND 0050 Total:
06/18/25 SIMAS, ROSE M UB REFUND 0070 Total:
06/18/25 SHERRIFFE COX, MIYISHA DENISE UB REFUND 0090 Total:
06/18/25 SAVEMART #35 UB REFUND 0020 Total:
06/18/25 UTILITY EQUIPMENT & SUPPLY, INC CONTROL COVER/ LINER WITH STEP Total:
06/18/25 ZUNIGA-NERIA, HERIBERTO UB REFUND 0020 Total:
06/18/25 WILLIAMS, MARISSA UB REFUND 0140 Total:
06/18/25 WEST COAST ARBORISTS, INC. GRID PRUNE PROGRAM

EMERGENCY TREE MAINTENANCE AND REMOVAL

EMERGENCY TREE MAINTENANCE AND REMOVAL
06/18/25 VAN DERMYDEN MAKUS LAW CORPORATION INVESTIGATION LATE FEES

INVESTIGATION FEES
Total:
06/18/25 VALLEY TIRE SALES, INC. 1 FLAT TIRE REPAIR 1 FLAT TIRE REPAIR
Total:

Total:

ROCKEFELLER SHOP TREE SERVICES
Total:
06/18/25 WEST PAINTING REPAINTING THE BLAKER WATER RESERVOIR TANKS ITEM 4

ATTACHMENT A
6/30/2025
16 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
2,256.78

46.81 609.55

85.78 2,998.92

87.78 71.53
159.31
1,190.00
1,190.00
22500140 598.00
22500143 736.00
22500141 644.00
230.00
315.00
2,523.00
349.69
349.69
141.00
141.00
22500062 5,456.00
22500062 5,104.00
10,560.00

17.94 17.94
22500104 855.78
855.78
2,048.40
2,048.40

ACV DETECTOR

WIRE FOR SURGE TANK
GFR- WELL #34 ELECTRIC CUTTERS
Total:
06/18/25 WILLE ELECTRIC SUPPLY, INC. AMP METER, HARD HAT W/ LIGHT, INSULATED TOOLS LEGAL AD: CC#5-23 PC MEETING ITEMS 6-16-25
2024 CCR PUBLIC NOTIFICATION
Total:
06/25/25 209 MULTIMEDIA CORPORATION RICHLAND AVE SIDEWALK IMPRVMNT PUB HRNG NOTICE CC#6-6-9 PUBLIC HRNG NIB 6TH ST (PROJ NO.2524)

FRUITRIDGE/NORTHRIDGE & PEACHWOOD RESURFACING
06/25/25 1ST SECURITY & SOUND, INC ANNEX ALARM UPGRADE Total:
06/18/25 WILLEY PRINTING CO., INC. BUSINESS CARDS: P. FLORES & J. RAMIREZ BUSINESS CARDS: J. RAMIREZ
Total:
06/25/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS

CITY SECURITY SERVICES FOR EIGHT PARKS
Total:
06/25/25 AL'S CERTIFIED SAFE & LOCK ALARM SERVICE PARKS DEPT.

Total:
06/25/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC JUNE 2025 SCADA STSTEM MANAGED BACKUPS Total:
06/25/25 AMERICAN VALLEY WASTE OIL INC BULB RECYCLING CITY WIDE Total:
06/25/25 AMERICAN FIRE TRAINING SYSTEMS INC FIRE TRAINING FACILITY PH 3 TACTICAL TWR ARGMNT Total:
06/25/25 AMAZON CAPITAL SERVICES, INC. OIL CLIP
Total:

ITEM 4

ATTACHMENT A
6/30/2025
17 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
828.88

91.63 31.58

31.58 91.63
294.59
1,369.89
18,694.69
18,694.69
788.64
788.64
22500139 850.00
2,521.00
3,552.00
6,923.00
22500090 1,339.00
1,339.00
127.88

38.69 77.38
187.92
116.07
547.94
6,960.67
6,960.67
276.72
276.72
10,292.26
10,292.26
06/25/25 AZCO SUPPLY, INC. STREET LIGHT POLES (5) Total:
0506-06052025 CALNET SVCS
0512-06112025 CALNET SVCS
05/13-6/12/25 CLETS LINE
Total:
06/25/25 AT&T 05/07-06/06/25 SUPERTRUNK ALLOCATION 0506-06052025 CALNET SVCS
0506-06052025 CALNET SVCS
Total:
06/25/25 BSK ASSOCIATES MAY 25 MORGAN RD STORM DRAIN IMPROV PROJ ARGMNT #4 06/25/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC OPE SYSTEM UPGRADE & IMPROVE (PROJ 2414)

ROUTINE TRAFFIC SIGNAL MAINTENANCE

TRAFFIC SIGNAL RESPONSE
06/25/25 BAY ALARM COMPANY ANNUAL AERATOR BUILDING SECURITY ALARM Total:
06/25/25 DEPT OF RESOURCES RECYCLING & RECOVERY UNSPENT FUNDS - CCP-22-050 (FY23 BEVERAGE GRANT) Total:

LOAM FOR RIVER BLUFF WELL

PLASTER FOR RIVER BLUFF WELL

FILL DIRT
Total:

Total:
06/25/25 CALIFORNIA LANDSCAPE SUPPLY, INC. ROCK FOR RIVER BLUFF WELL 06/25/25 DELTA DENTAL OF CALIFORNIA JULY 2025 DENTAL PREMIUMS Total:
06/25/25 CHARTER COMMUNICATIONS 6/1-6/30 SCADA INTERNET WATER Total:

ITEM 4

ATTACHMENT A
6/30/2025
18 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
22500002 9,845.16
9,845.16
4,743.55
4,743.55
135.00
135.00
270.00
11,487.75
14,359.69

75.71 25,923.15
243,596.02
243,596.02
696.15

42.80 37.80
776.75
177.82
144.38
607.85
191.49
1,121.54
170.47
170.47
573.52
573.52
06/25/25 DOKKEN ENGINEERING MAY 25 SR99 SERVICE/MITCHELL INTRCHNGE DESIGN RVW Total:
06/25/25 FERGUSON US HOLDINGS, INC WET BARREL FIRE HYDRANTS

WET BARREL FIRE HYDRANTS

TOILET SEATS
06/25/25 ELEVATOR TECHNOLOGY, INC. MONTHLY SERVICE PD

MONTHLY SERVICE CCC
Total:
06/25/25 E&M ELECTRIC AND MACHINERY, INC SCADA DATA COLLECTION Total:

DRINKING WATRE NITRATE SAMPLES
WELL 16 NATRATE SAMPLES
Total:

Total:
06/25/25 GEOANALYTICAL LABORATORIES, INC DRINKING WATER BACTI SAMPLES Total:
06/25/25 FIRE RISK MANAGEMENT SERVICES JULY 2025 MEDICAL/VISION PREMIUMS Total:
06/25/25 HACH COMPANY INC SAMPLER FLOW JUNCTION BOX

NITRILE GLOVES
Total:
06/25/25 GREEN RUBBER-KENNEDY AG CHEMICAL SPRAYERS 06/25/25 GRAINGER HVAC FILTERS
GLOVES

SAFETY GLASSES
Total:

ITEM 4

ATTACHMENT A
6/30/2025
19 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
379.67
100.32

23.27 334.23
837.49
958.81
958.81

72.59 1,653.55
220.58
1,946.72
1,135.05
1,135.05
390.00
390.00
22500126 8,500.00
8,500.00
500.00
500.00
156.03
232.93
126.84
515.80
151.10
151.10
250.00
250.00
506.00
506.00
06/25/25 IKE'S APPLIANCE & ASSOCIATES
06/25/25 HUGHSON FARM SUPPLY
06/25/25 JANA KIRCHERT
06/25/25 INDUSTRIAL ELECTRICAL CO.
06/25/25 IMPERIAL BAG & PAPER CO. LLC
06/25/25 MARTIN MARIETTA MATERIALS, INC.
06/25/25 LAURA M RANKIN
06/25/25 JOSE ALONZO MANRIQUEZ
06/25/25 J. ARNOLD
06/25/25 D. VASQUEZ
06/25/25 S. LEDEZMA
5 BYPASS COPPERS

TREE TRIMMIING SAFETY HELMET
HOSE WASHERS, 2 GARDEN HOSE NOZZELS

SMALL TOOLS
Total:

DISH WASHER REPAIR CCC
Total:

DISH DETERGENT

CUSTODIAL SUPPLIES

CUPS FOR WATER/ COFFEE
Total:

GEN REPAIR WELL #41
Total:
5/27-28/25, 6/9-19/25 GET FIT/ZUMBA GOLD CLASSES
Total:

MURALS SMYRNA PRK SHADE STRUCTURE/CORP YARD AGRMNT
Total:
7/1/25 CONCERTS IN THE PARK BAND
Total:

2.04 TONS FO ASPHALT FOR PATCHING

3.12 TONS OF ASPHALT FOR PATCHING

1.63 TONS OF ASPHALT FOR PATCHING
Total:

VASQUEZ CSJVRMA 2025
Total:

BOOT ALLOTMENT PER MOU FY 24/25
Total:

PER DIEM GFOA S.LEDEZMA PROFESSIONAL DEVELOPMENT
Total:

ITEM 4

ATTACHMENT A
6/30/2025
20 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres

10.00 304.36

56.10 42.72

36.40 28.48
478.06
563.42
527.77
663.97
1,755.16
3,809.75
3,809.75
477.98
994.19
391.26
1,352.68
3,216.11
11,637.50
11,637.50
205.86

21.68 368.68
238.40
119.20
953.82
3,434.78
3,434.78
6/16/25 UNIFORM SERVICE STREETS
6/16/25 UNIFORM SERVICE PARKS
6/16/25 UNIFORM SERVICE FACILITIES
Total:
06/25/25 MISSION LINEN SUPPLY 06/16/25 MATS FOR PW ADMIN BUILDING 6/16/25 UNIFORM SERVICE WTR/ WTR CONSERVATION
6/16/25 UNIFORM SERVICE WASTEWATER
Total:
06/25/25 NORTHSTAR CHEMICAL CL2 WELL #16
Total:
06/25/25 NBS GOVT FINANCE GRP INC LANDSCAPE MAINTENANCE ASSESSMENT 7/1-9/30/25 06/25/25 RAY MITCHELL INC PADS, LUBE, FILTERS

ROTORS, PADS, MIRROR FOR POLICE BIKE

WINDSHEILD GRIPS SWITCH

OIL FOR FLEET

MOTOR OIL
Total:
06/25/25 O'REILLY AUTO PARTS OIL AND GLOVES

WASTE WATER PICK UP

BATTERY
06/25/25 NORTHSTAR ENGINEERING GROUP, INC. PLANNING SERVICES MAY 2025 Total:

CL2-WELL# 38
CL2-WELL #32
CL2 WELL #41
Total:
06/25/25 PACIFIC GAS & ELECTRIC MAY 25 PG&E GAS SVCS Total:

ITEM 4

ATTACHMENT A
6/30/2025
21 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
197.35
197.35

19.34 135.95
155.29
22500109 3,647.20
3,647.20
173.79
173.79

75.00 75.00
900.00
900.00
985.00
985.00
750.00
750.00
600.00
600.00
4,848.17
138.92

36.32 46.05
5,069.46
522.63
522.63
125.00
125.00
06/25/25 PRICE FORD OF TURLOCK, INC. DOOR LOCK CAP UNIT 10-152-19

TIRE MONITOR
Total:
06/25/25 PACIFIC STORAGE COMPANY JUNE 2025 PD SHREDDING Total:
06/25/25 DAISY MADRIGAL MADRIGAL P9288 7/26/25 SMYRNA PARK A5 Total:
06/25/25 QUADIENT, INC. 06/14-09/13/25 PSTG MTR RNTL & ONLINE RATE MAINTENANCE Total:
06/25/25 PROVOST AND PRITCHARD ENGINEERING, INC WELL 22 GRANULAR ACTIVATED CARBON TREATMENT VESSEL Total:
06/25/25 LILLIAN CURIEL AVILA CURIEL AVILA P8956 11/22/25 RFND CC LRG RM Total:
06/25/25 HERMILA HERNANDEZ HERNANDEZ P8917 6/21/25 RFND CALMB Total:
06/25/25 HARJOT SINGH SINGH P9222 5/16/25 RFND CC LRG RM Total:

KNEE PADS
Total:
06/25/25 ADRIANA P. LAITON POLICE CAR GRAPHICS UNIT 103 06/25/25 SAFE T LITE OF MODESTO INC 5 ROLLS OF BARRICADE SHEETS

FENCE REPAIR METER INSTALL JOHNSON HOTEL
SIGN FOR WELL #28
06/25/25 SUPREET NAHAL NAHAL P9315 5/14/25 RFND CALMB Total:

Total:

Total:
06/25/25 SILVEIRA, JOHN L JR. 7/1/25 SOUND SYSTEM TECH CONCERTS IN THE PARK ITEM 4

ATTACHMENT A
6/30/2025
22 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
22500106 10,580.00
10,580.00
2,935.20
2,935.20
307.42
307.42
145.84
145.84
124,754.50
124,754.50
2,969.13
2,969.13
7,653.56
105.06
9,873.82

69.29 4,968.44

69.29 10,815.84
8,869.12
2,875.54
9,076.99
13,174.61
6,478.62
6,617.20
3,221.98
12,863.50
12,501.40
Total:
06/25/25 STANDARD INSURANCE JULY 2025 BASIC/VOLUNTARY LIFE INSURANCE PREMIUMS 06/25/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
06/25/25 TURLOCK IRRIGATION DISTRICT MAY 07 - JUN 07 2025 TID ELECTRICITY SVCS Total:
06/25/25 TURF STAR INC BEARINGS FOR PARKS MOWER
Total:
06/25/25 SUN BADGE COMPANY INC CHIEF'S BADGE
MAY25 HR LEGAL SERVICES
MAY25 CANNABIS LEGAL SERVICES
MAY25 CODE ENF LEGAL SERVICES
MAY25 TOW ONE LEGAL SERVICES
APR25 CODE ENF LEGAL SERVICES
Total:
06/25/25 WHITE BRENNER LLP MAY25 GEN MUNI LEGAL SERVICES Total:
06/25/25 VERIZON WIRELESS MAY 5 - JUN 4 2025 VERIZON SVCS MAY25 LITIGATION LEGAL SERVICES
MAY25 CONTRACTS LEGAL SERVICES
MAY25 REAL ESTATE/LAND USE LEGAL SERVICES
MAY25 MITSOPOULAS LEGAL SERVICES
APR25 GEN MUNI LEGAL SERVICES
APR25 TOW ONE LEGAL SERVICES
APR25 LITIGATION LEGAL SERVICES
APR25 CONTRACTS LEGAL SERVICES
APR25 REAL ESTATE/LAND USE LEGAL SERVICES
APR25 MITSOPOULAS LEGAL SERVICES
ITEM 4

ATTACHMENT A
6/30/2025
23 Date Vendor name PO# Invoice Description Amount
Voucher List
City of Ceres
3,603.08
112,837.34

61.47 214.30
275.77
319.71
319.71
5,145.00
5,145.00
3,286,582.71
APR25 CANNABIS MUNI LEGAL SERVICES
Total:
06/25/25 WILLE ELECTRIC SUPPLY, INC. WHITMORE GAZEBO Total:

Vouchers in this report Total vouchers:

Total:
06/25/25 WOOD RODGERS, INC. COPPER TRAILS MASTER PLAN PROF. SVCS. MAY 2025 1000FT WIRE CAT6
Total:
06/25/25 WILLEY PRINTING CO., INC. #10 WINDOW ENVELOPES FOR AP ITEM 4
Vendor: US BANK VISA
Check Date: 6/11/2025
Invoice No.: May-25
Invoice Descritpion: MAY 25 VISAS

CARD HOLDER CHARGE DESCRIPTION TOTAL

SHAWN WALKER

INSECTICIDE, REHEAD ANCHORS, WASTERS, BOLTS, NUTS, AND LUMBER FOR MOORE RD BRIDGE REPAIR, WASHERS, DRILL BIT, ANCHORS, PAINT, ADAPTOR TUBING (CONE HOLDER), BALL HITCH AND LOCK FOR RECIEVER 1,008.08

MATTHEW WILLIAMS

FUEL, ROOM FOR CONFERENCE, VOIP SUBSCRIPTION FOR SCADA, ACROBAT PRO SUBSCRIPTION, ANNUAL MEMBERSHIP, COLLECTIONS CART RENEWAL 1,180.38

HANK UNRUH

BOLTS, MISC HARDWARE, ETRACK RATCHET STRAP, BINDER CHAIN, HOOKS, WORK GLOVES, BOOK STORES, CONCRETE FORM BOARDS, STREETLIGHT FUSES, FUSE PULLER, FUSES, CONDUIT, STREETLIGHT WIRE 1,228.66 MARK ANDERSON REPLACEMENT UPS BATTERIES (6), REPLACEMENT HARD DRIVE, UPS BATTERY RETURN SHIPPING, UPS BATTERY RETURN CREDIT 2,017.28

JOHN THOMAS

FIRE EXTINGUISHER, HOE, SPRAYER, GFI, ELECTRICAL EQUIPMENT, MISCELLANEOUS TOOLS, BOTTLE BRUSH, PLIER SET, WASP SPRAY, WINGTWIST, VALVE, TAPE, STORAGE BIN, CAULK, BUG SPRAY, SEALANT, CAULK GUN, BATTERY BLOWER 977.55 DYLAN W PALECEK OFFICE WATER - PW, 5/1-31/25 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE, OFFICE WATER - WATER DEPT 861.91 BRYAN N FERREIRA 2 CONTAINERS OF MOTORCYCLE WASH, BRUSH AND SPONGE 46.56 AMERICO R CASTANEDA GANG BX, KEYS/CCC, REFRIGERATOR LOCK/CCC, CEILING TILE/LH, CHAIN/CCC, SNAP BOLT/ FLAGS, ELECTRICAL/CH, CLAMP SET/FLAGS 373.23 DIRK NIEUWENHUIS CLOUD STORAGE FOR SOCIAL MEDIA/PR TEAM, ANNUAL SOFTWARE COST FOR SOCIAL MEDIA/PR TEAM 19.98

TONI CORDELL

PROMO ITEMS FOR STREET FAIR, CERES COURIER SUBSCRIPTION, SUPPLIES FOR LITTER ABATEMENT ACTIVITIES FROM BEV CONTAINER GRANT, WORK SHIRTS FOR ADMIN STAFF 957.43
JOSEPH CHAVEZ EMPLOYEE APPRECIATION LUNCHEON SUPPLIES, CONCERTS IN THE PARKS SIGNS, CPRS MAINTENANCE MANAGEMENT SCHOOL 3,180.61 AARON R OJEDA-MORENO WEED EATER, LINE, BLADE, PAINT 100.60 CRISTINA AGUILAR 4/22-5/21/25 ZOOM MEMBERSHIP SUBSCRIPTION, C. AGUILAR CMC CERTIFICATION 124.44 FALLON MARTIN COUNCIL MEETING SNACKS & WATER, CM/CEO MONTHLY MEETING, CERTIFICATE HOLDERS 309.07 MATTHEW SCOTT IRRIGATION FITTINGS, HOSE CLAMPS, VEHICLE SOAP, ROPE FOR FLUSHER TRUCK, WEED EATER HEAD (124.60)

ANGELICA HERNANDEZ

REFRESHMENTS FOR DOT TRAINING, WORKING LUNCH FOR DOT TRAINING, REQUIRED LABOR LAW POSTERS, OFFICE SUPPLIES,

REGISTRATION FOR DOT SERVICES, GIFT CARDS, SUPPLIES, RAFFLES, AND GIFTS FOR ERC BBQ, REFRESMENTS AND LUNCH FOR ACCOUNT CLERK PANEL, REFRESMENTS FOR WATER ORAL PANEL 1,991.47
ABRAHAM OCHOA JR PD/ DISC ANGLE FI 16-14 PKS, FACILITY MAINTENANCE / COMP SLEEVE, PD/ CAULKING 73.89

JOSHUA CASAS
MEMBERSHIP FEE, COLLECTIONS SYSTEM MAINTENANCE 1 RENEWAL FEE, CERTIFICATE FRAMES, CONCRETE, PVC, PVC FITTINGS, PLIERS, VOLT METER, TOOLBOX, GLOVES, HI-VIS VEST, OFFICE OF WATER PROGRAMS- WATER TREATMENT 4 CLASS 1,673.24 JESSICA PULLIAM CONCERTS IN THE PARK EVENT PERMIT 283.59

MARCY PEDERSON

OPEN SOURCE PLATFORM FOR INVESTIGATIONS, REPLENISH FASTRAK ACCOUNT FOR TOLLS, EXPLOSIVE STORAGE CABINET FOR FLASH BANGS, 6x9 ENVELOPES FOR PROPERTY & EVIDENCE 1,670.83
ITEM 4

ELLEN EDMONDSON
SOLAR POWER STREET LIGHT FOR WELL 34, MAGNET, MAGNETIC LID PULLERS AND REPLACEMENT MAGNETS, GFCI RECPT OUTLET, HEX KEY CABLE TIES, TAURUS SC TREMICIDE, SUMP PUMP FOR ALTITUDE VALVE PIT, CL2 ANALYZERS TUB FITTINGS, INTERVIEW LUNCHES 1,599.60 KENNETH E VAUGHN BATTERIES FOR IRRIGATION PUCKS, CAMERAS FOR SMYRNA PARKS ACC CLOSED, IPAD COVER 83.91

JOHNNY CARRILLO

TOOLS, LANDSCAPE PINS FOR STREET FAIR, WATER FILTERS FOR PD, BOLTS/ WHTM GAZEBO, TOOLS, PAINT BRUSHES, DOOR SWEEP/ RVBL, PLUMBING / CH 342.01
SHAWN W HESS WEED SPRAYER NOZZLE, FUSES FOR HEADWORKS SCREEN, CONDUIT BOX, FITTINGS, MEMBERSHIP & CERTIFICATON APPLICATION 712.22 Crystel Aguilar STANISLAUS COUNTY SENIOR EVENT 125.10
ROBERT HERRINGTON WIRE CONNECTOR FOR SCADA CONTROLLERS 20.57 RENEE HOWERTON EVIDENCE SUPPLIES 565.53
JEFFERY GODFREY RECRUITMENT STICKERS, UNIFORM ALLOWANCE PURCHASE 857.89 SONIA LEDEZMA GFOA ANNUAL CONFERENCE REGISTRATION 575.00 TRENTON JOHNSON EXPLOSIVE CABINET FOR DIVERSIONARY DEVICES, PD DOOR NAME PLATES 2,281.60 ARMANDO HERNANDEZ POST HINGES AND GATE HINGES, LATCH, 5 GALLON COOLER, FAST SETTING CONCRETE, FAST SETTING CEMENT 139.80 JULIAN AGUIRRE DOUBLETREE HOTELS - ONTARIO, CA - 3 NIGHTS STAY 5/6/25 - 5/9/25 - CALED ANNUAL CONFERENCE 652.05 REBECCA JOHNSON CORKBOARD RETURNED (146.30)
JOSE BERBER NIBIN MICROSCOPE REFUNDED, WARRANT BUILDER-DETECTIVES (132.36) KHRISNA STITZELL OFFICE SUPPLIES, ERC EVENT SUPPLIES 531.58 ROBIN R EVANS COUPLER, HOSES, JACK 207.62
ELYSE DAVIS-CAPOEMAN STYLUS PENS FOR OPERATORS, OFFICE SUPPLIES 124.89 KEVIN HALEY PEST TRAP, SAMPLER FITTING, SPONGE, AIR FILTERS FOR JD TRACTOR, WASTEWATER MANUAL & COURSE 569.50 SHANNON ESENWEIN S LEDEZMA AIRFARE FOR GFOA CONFERENCE, S ESENWEIN AIRFARE FOR GFOA CONFERENCE 796.72 MICHAEL BELTRAN DUPLICATE - INK PAD 21.66
Grand Total 27,882.79
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Police Chief
[email protected], (209) 538-5743
SUBJECT: Resolution No. 202 5-XXX, Approving a Five -Year Officer Safety Plan 10 Agreement with Axon Enterprise, Inc. and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council renew a five-year Officer Safety Plan 10 contract with Axon Enterprise, Inc., and authorize the City Manager to execute the contract.

I. BACKGROUND:

In August 2016 the Police Department contracted with Axon Enterprise, Inc. (Axon) for their body worn cameras and evidence storage. The utilization of the Axon body worn camera (BWC) system has been an invaluable tool in police accountability, successful criminal prosecutions and internal training. The unlimited evidence storage has proven to reduce the burden on the city’s IT staff in maintaining an electronic server that can house the police departments digital evidence.

The department’s current contract with Axon expires in January 2026. However, the department was approached by Axon to renew our contract early. By renewing our contract with Axon prior to January 1, 2026 the department will get a substantial discount of $907,641.29 for another 5 -year (60 month) contract. (See Attachment C). The department will also get the latest less -lethal equipment, new virtual reality (VR) de - escalation training, updated BWCs, unlimited video and photographic evidence storage, with the addition of storage of video evidence obtained by Police Department drones. It will also include less-lethal equipment instructor courses and training equipment for sworn Police personnel. See attached contract for a detailed list of equipment and services.

II. REASONS FOR RECOMMENDATION:

The Police Department currently deploys Axon BWC and is very satisfied with the equipment and services the cameras provide. The use of the BWCs has been used in ITEM 5
police accountability during interactions with the public, as video evidence used in court, and real-life training for police personnel. Taser Axon has been very responsive to the needs of the department and a continued partnership with Taser Axon would be invaluable to the department and the city. The Police Department intended to renew this contract in January 2026 and continue the relationship with Taser Enterprises Inc. (Axon).

By renewing early, the department can save the city approximately $907,641.29 over the next 60 months (5 years).

Staff recommends Council approve this contract because the above listed equipment and services will increase efficiency, improve public trust, and streamline the criminal prosecution process.

III. FISCAL IMPACTS:

The annual cost for this contract is budgeted in 26210.029900 (Contract Services). The first year cost is $85,157.19 and $190,182.97 for years two through five.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Renewing this contract aligns with one of the goals of the Strategic Plan: to “ provide quality services to meet community needs, assuring that the City is helpful, well trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.”
V. POLICY ALTERNATIVES:

The City Council could not authorize the early renewal of this contract with the discount of $907,641.29.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Authorize the City Manager to execute the renewal of the contract with Axon Enterprise, Inc. and approve the attached quote.

Approved by: ____________________
Douglas D. Dunford,
City Manager
ITEM 5
Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Quote
ITEM 5
ITEM 5

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A FIVE-YEAR OFFICER SAFETY PLAN 10 AGREEMENT
WITH AXON ENTERPRISE, INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Police Department has utilized the Axon body worn camera system since August 2016 with tremendous success; and

WHEREAS, the Police Department utilizes the Axon system for the unlimited storage of video and photographic evidence; and

WHEREAS, body worn cameras enhance transparency and reduces use of force complaints because of their ability to capture the complete interaction(s) between law enforcement and citizens; and

WHEREAS, Axon Enterprise Inc. is offering updated technology and training equipment with a discount of $ 907,641.29 for early renewal of the Police Department’s existing 60-month contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a five -year officer safety plan 10 agreement with Axon Enterprise, Inc. and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

ITEM 5
ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 1 of 29
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer").

This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:

1. Definitions.

1.1. "Axon Cloud Services " means Axon’s web services , including, but not limited to, Axon Evidence , Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party a pplications, hardware warranties, and my.evidence.com.

1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices.

1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.

Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void.

Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.

1.4. "Services" means all services provided by Axon under this Agreement , including software, Axon Cloud Services, and professional services.

2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term").

2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote . Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term").

2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5-year term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term . Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees.

4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.

5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote.

6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

7. Warranty.

7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon -manufactured accessories, which Axon warrants for ni nety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 2 of 29

7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non -infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ( "Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interfere nce, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.

7.3. Claims. If Axon receives a valid warranty claim for an Axon -manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon -manufactured Device with the same or like Axon - manufactured Device, at Axon’s option. A replacem ent Axon-manufactured Device will be new or like new.

Axon will warrant the replacement Axon -manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.

7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.

7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non -functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.

7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.

Axon’s warranty will be void if Customer resells Axon Devices.

7.5.1. To t he extent permitted by law, the above warranties and remedies are exclusive . Axon disclaims all other warranties, remedies, and conditions, whether oral , written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.

7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

7.6. Online Support Platforms . Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions.

7.7. Third-Party Software and Services . Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms- and-conditions, if any.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 3 of 29

7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, " Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer.

8. Free Trial

8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“ Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, non - transferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”).

Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote.

Axon may supply refurbished Trial Products. ALL FREE T RIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.

8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience . Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix

9. Statement of Work. Certain Axon Devices and Services, including , but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS , and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (" SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order.

Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference.

10. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

11. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer.

12. Combined Offerings. Some offerings in a Quote combine existing and pre -released Axon Devices or Services.

Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering.

13. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance.

14. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights . Customer will not cause any Axon proprietary rights to be violated.

15. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settleme nt of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b) use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 4 of 29
than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon.

16. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

17. Termination.

17.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice . If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

17.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement . Customer will deliver notice of termination under this section as soon as reasonably practicable.

17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices.Only if terminating for non- appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components.

18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five ( 5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

19. General.

19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

19.2. Independent Contractors. The Parties are independent contractors . Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties.

19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on ra ce; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warran ts that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 5 of 29

19.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

This Agreement is binding upon the Parties respective successors and assigns.

19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitute s a waiver of that right.

19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.

19.10. Governing Law. The laws of the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

19.11. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [email protected].

18.12 Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales -terms-and-conditions,Quote and any SOW (s), represents the entire agreement between the Parties . This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each Party, by and through its respective representative authorized to execute this Agreement , has duly executed and delivered this Agreement as of the date of signature.

AXON: CUSTOMER:

Axon Enterprise, Inc.

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 6 of 29
Axon Cloud Services Terms of Use Appendix

1. Definitions.

1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.

1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.

1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data.

1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.

1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.

1.6. "Non-Content Data " is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices.

Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content.

1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identificati on number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.

1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller.

1.10. "Transformed Data " means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed more End Users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER , Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence

3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content.

Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content.

Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems.

5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or ap plicable laws; (c) maintaining necessary ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 7 of 29
computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services.

5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, trans fer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.

5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.

6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud -services-privacy-policy. Customer agrees to allow Axon access to Non -Content Data from C ustomer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.

7. Axon Body Wi -Fi Positioning . Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Se rvices. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi -Fi Positioning for Customer’s Axon Cloud Services tenant.

8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.

9. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies; and ( iv) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.

10. Location of Storage . Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located. Ownership of Customer Content remains with Customer.

11. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, i f Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c ) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.

12. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services.

13. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor.

To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “ Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 8 of 29
the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third par ty except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.

14. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

14.1. If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty -free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement an d to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.

14.2. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty -free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.

14.3. In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to [email protected].

Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.

15. Axon Records. Axon Records is the software -as-a-service product that is generally available at the time Customer purchases an OSP 7 or OSP 10 plan. During Customer’s Axon Records Subscription Term, if any, Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.

15.1. Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").

15.2. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.

15.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription.

15.4. End Users of Axon Records may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate o f one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.

16. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

16.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;

16.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;

16.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

16.4. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

16.5. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;

16.6. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 9 of 29

16.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or

16.8. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.

17. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content.

Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time . Axon has no obligation to maintain or provide Customer Content after these ninety ( 90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.

18. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.

19. U.S. Government Rights . If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation, " and "technical data ", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.

20. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 10 of 29
Axon Customer Experience Improvement Program Appendix

1. Axon Customer Experience Improvement Program (ACEIP) . The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its oblig ations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de -identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain s egments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de -identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 1 1.

For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de -identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices a pplicable to the Customer Content or ACEIP Content ( "Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case").

2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement.

In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer.

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer

1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 11 of 29
Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data.
☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 12 of 29
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.

1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.

2. Axon Full Service ( Axon Full Service) . Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on -site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full Service options include:

System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Customer need • Register cameras to Customer domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included
Dock configuration
• Work with Customer to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Customer • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other customers
• Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
• Provide referrals of other customers using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer’s in -house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies Users go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. I f Customer requires more than one (1) day of on -site Services, Customer must purchase additional on -site Services. The Axon Starter options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Customer need ITEM 5

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Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 13 of 29
• Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
• Work with Customer to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer’s in -house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations User go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide

4. Body-Worn Camera Virtual 1 -Day Service ( Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.

5. CEW Services Packages. CEW Services Packages are detailed below:

System set up and configuration
• Configure Axon Evidence categories & custom roles based on Customer need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other customers
• Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other customers using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step -by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Customer • For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

Post go-live review
For the CEW Full Service Package: On-site assistance included.

For the CEW Starter Package: Virtual assistance included.

6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart Weapon models.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 14 of 29
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

Axon will provide Customer with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.

7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Customer to assess Customer's deployment and determine which Services are appropriate. The VR Service training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure Customer settings based on Customer need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices

8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on -site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on -site Services, Customer must purchase additional on -site Services. The Axon Air, On -Site training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure Customer settings based on Customer need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices

9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On -Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.

10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more : Axon will provide one (1) day of on -site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Customer is responsible for providing a suitable work/training area. b. Purchases of less than 50 SSA units: Axon will provide a 1 -hour virtual instruction session on the basics of installation and device calibration.

11. Axon Justice Implementation . Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes:

System set up and configuration
• Axon performs discovery to understand and document the Agency’s needs. • Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client’s needs.
• Axon will facilitate a workflow discussion with the core admin team.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 15 of 29

Disclosures
• Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon:

1. Public Defender Case Sharing

2. Disclosure Portal

3. Download Links
Training
• Agency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training. Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff. Each session can accommodate up to 20 users and will train them in full system functionality. Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training.
• Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are trained to follow the ingestion method is the Agency’s responsibility.

Go-Live Plan
Axon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event.

Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

12. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote, this Appendix, and any applicable SOW . Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.

13. Delivery of Services . Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.

Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours.

14. Access Computer Systems to Perform Services . Customer authorizes Axon to access relevant Customer computers and network s, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer.

Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.

15. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation "). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation.

Following install ation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it

16. Acceptance. When Axon completes professional services, Axon will present an a cceptance form ( "Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Customer to have accepted the professional services.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 16 of 29

17. Customer Network. For work performed by Axon transiting or making use of Customer’s network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 17 of 29
Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a combined offering including TAP is on the Quote, this appendix applies.

1. TAP Warranty . The TAP specific warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty.

2. Officer Safety Plan. If Customer purchases an Officer Safety Plan ( "OSP"), Customer will receive the deliverables detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from Axon.

3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").

4. TAP BWC Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon body-worn camera ("BWC Refresh") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a BWC Refresh that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Refresh will utilize the same accessories or Axon Dock.

5. TAP Dock Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote (" Dock Refresh"). Accessories associated with any Dock Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay configuration unless a new Axon Dock core is required for BWC compatibility. If Customer originally purchased a single-bay Axon Dock, the Dock Refresh will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Customer originally purchased a multi-bay Axon Dock, the Dock Refresh will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.

6. Refresh Delay. Axon may ship the BWC and Dock Refreshes as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final BWC and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer.

7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered BWC Refreshes or Dock Refresh, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.

8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Refresh, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer.

9. Termination. If Customer’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:

9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.

9.2. Axon will not and has no obligation to provide the Upgrade Models.

9.3. Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 18 of 29
TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7, TASER 10, OSP 7, OSP 10, OSP Plus, OSP 7 Plus Premium and OSP 10 Plus Premium purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Customer must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Customer may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on -demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASE R Instructor vouchers and ten (10) TASER Master Instructor vouchers for every thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER courses at their discretion; however, Customer may incur a fee for cancell ations less than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange voucher for any other Device or Service. Any unused vouchers at the end of the Term will be forfei ted. A voucher does not include any travel or other expenses that might be incurred related to attending a course.

3. Limited Warranty.

3.1. “Deployment” means use of the TASER weapon resulting in the discharge of the conducted energy weapon (“CEW”) cartridge probe. For TASER 10 each probe discharged is consider one Deployment and for TASER 7 the dual probe discharged is considered one Deployment.

3.2. Single User Warranty. If the TASER Device is assigned and used by a single user, Axon warrants that Axon - manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.3. Pooled User Warranty. If the TASER Device is assigned and used by multiple users, Axon warrants that Axon- manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i ) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.4. Training User Devices. If the TASER Device is used for training, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i ) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.5. CEW Cartridges. Used CEW cartridges are deemed to have operated properly.

3.6. Miscellaneous. The following sections the Warranty Section in the MSPA shall apply to the TASER Devices:

Disclaimer, Claims, Spare Axon Devices and Limitations.

3.7. Registration. Prior to use of the TASER Device, Customer must register each TASER Device in TASER Device Axon Evidence tenancy as a single user, pooled or training device. Failure to properly register the TASER Device prior to its use may void the warranty at Axon’s sole discretion.

4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period begins upon the expiration of the Limited Warranty. Each additional year of the warranty purchased will be in accordance with the applicable Limited Warranty category above. The maximum warranty period for an individual TASER Device will be five (5) years including the initial Limited Warranty.

5. Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the trade- in of hardware, Customer must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will provide Customer with a pre-paid shipping label for the return of the Trade -In Units. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Cus tomer the value of the trade -in credit. Customer may not destroy Trade-In Units and receive a trade-in credit.

Customer Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 19 of 29
500+ officers 180 days

6. TASER Device Subscription Term. The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date.

7. Access Rights. Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the TASER Device Subscription Term. Customer may not exceed the number of end users the Quote specifies.

8. Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.

9. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.

10. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon.

11. Termination. If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer’s TASER Device plan by notifying Customer. Upon termination for any reason, then as of the date of termination:

11.1. TASER Device extended warranties and access to Training Content will terminate. No refunds will be given.

11.2. Customer will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER Device plan.

11.3. Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non -appropriation, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 20 of 29
Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.

1. Scope. Axon Auto -Tagging consists of the development of a module to allow Axon Evidence to interact with Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows End Users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Customer’s CAD or RMS.

2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge . Axon will provide free support due to a change in Axon Evidence , if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS.

3. Changes. Axon is only responsible to perform the Services in this Appendix for Auto-Tagging and any applicable SOW. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.

4. Customer Responsibilities. Axon’s performance of Auto-Tagging Services requires Customer to:

4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon (including remote access if possible);

4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;

4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;

4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;

4.5. Promptly install and implement any software updates provided by Axon;

4.6. Ensure that all appropriate data backups are performed;

4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;

4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required;

4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and

4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.

5. Access to Systems. Customer authorizes Axon to access Customer’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 21 of 29
Axon Respond Appendix
This Axon Respond Appendix applies to Axon Respond, Axon Respond Device Plus, and Device Connectivity if any are included on the Quote.

1. Axon Respond Subscription Term . If Customer purchases Axon Respond as part of a combined offering on a Quote, the Axon Respond subscription begins on the later of the (1) start date of that offering within the Quote, or (2) date Axon provisions Axon Respond to Customer. If Customer purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Customer, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.

2. Scope of Axon Respond. The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Customer on upgrading Customer’s Axon Respond to better meet Customer’s needs.

3. Axon Body LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera.

Axon is not liable if Customer utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable.

LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Customer’s consent.

4. Axon Fleet LTE Requirements . Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Customer is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Customer’s LTE carrier.

5. Axon Respond Service Limitations. Customer acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.

5.1. With regard to Axon Body, Partner networks are made available as -is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Customer is not a third -party beneficiary of any agreement between Axon and the underlying carrier.

6. Termination. Upon termination of this Agreement, or if Customer stops paying for Axon Respond or combined offerings that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 22 of 29
Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.

1. Subscription Term . If Customer purchases Axon Community Request , Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request , Axon Redaction Assistant, or Axon Performance to Customer.

1.1. If Customer purchases Axon Community Request , Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer, or (2) first day of the month following the Effective Date.

1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add- on.

2. Axon Community Request Storage. For Axon Community Request , Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The post - termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.

3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Customer, Axon will need to store call for service data from Customer’s CAD or RMS.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 23 of 29
Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.

1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software , and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").

2. Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon.

3. License Restrictions . All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon . Customer may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Customer may not:

3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;

3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;

3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;

3.4. use trade secret information contained in Virtual Reality Media;

3.5. resell, rent, loan or sublicense Virtual Reality Media;

3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or

3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.

4. Privacy. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy.

5. Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 24 of 29
Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.

1. Definitions.

1.1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer.

1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use.

1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems.

1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality.

2. Purpose and License.

2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use.

2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client.

2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.

3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration . Registration information provide d to Axon must be accurate. Customer will inform Axon promptly of any updates . Upon Customer’s registration, Axon will provide documentation outlining API Service information.

4. Customer Responsibilities. When using API Service, Customer and its End Users shall not:

4.1. use API Service in any way other than as expressly permitted under this Agreement;

4.2. use in any way that results in, or could result in, any security breach to Axon;

4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services;

4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or net works providing API Service;

4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;

4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;

4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;

4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;

4.9. make available to a third-party, any token, key, password or other login credentials to API Service;

4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or

4.11. disclose Axon’s API manual.

5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including:

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 25 of 29

5.1. the design, structure and naming of API Service fields in all responses and requests;

5.2. the resources available within API Service for which Customer takes actions on, such as eviden ce, cases, users, or reports;

5.3. the structure of and relationship of API Service resources; and

5.4. the design of API Service, in any part or as a whole.

6. Prohibitions on API Content . Neither Customer nor its End Users will use API content returned from the API Interface to:

6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;

6.3. misrepresent the source or ownership; or

6.4. remove, alter, or obscure any confidentiality or proprietary rights not ices (including copyright and trademark notices).

7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 26 of 29
FUSUS Appendix

1. Access. Upon Axon granting Customer a subscription to FUSUS cloud services in the Quote, Customer may access and use FūsusONE Real Time Interoperability Solution services to for the purpose of viewing and managing Customer Content. Some Customer content contained in Axon Evidence may not be accessible or transferable to the FUSUS cloud services.

2. Product Limits. The following limitations apply to the below products:

Lite Basic Pro Enterprise Enterprise Plus
Total Number of Managed End Points 150 150 500 1500 4500 Max Number of Video Streams Connected 0 150 500 1500 4500 Indefinite Cloud Storage 2TB 5TB 10TB 30TB

Overages may result in additional fees or the need to upgrade products.

3. Disclaimer. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.

4. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use o f FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics. Customer Content saved in Axon Cloud Services is the sole property of Customer and may not be distributed by Axon to any third parties outside of the Customer’s organization without the Customer’s expressed written consent.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 27 of 29
Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.

1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer they shall become part of the Software and governed by the terms of this Agreement.

2. Third-Party Licenses . Axon licenses several third -party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.

3. Restrictions on Use . Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.

4. Term. For purchased perpetual Licenses only —excluding Licenses leased for a pre -determined period, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a pre - determined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Customer.

5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications , and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use.

6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server.

7. Actions Required Upon Termination . Upon termination of the license associated with this Agreement , Customer agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation.

8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials.

9. U.S. Government Restricted Rights . The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them.

Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227 -7013 et. Seq. or 252.211-7015, or ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 28 of 29
subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227 -19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.

ITEM 5

ATTACHMENT B
Master Services and Purchasing Agreement

Version: 22
Release Date: March 2025 Page 29 of 29
Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply:

1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix.

2. Attendee/Employee Selection . Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s).

3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions , including gifts and donations. Axon ’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Ax on in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements.

If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information , and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements.

4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement.

5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.

6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations.

ITEM 5
ITEM 5

Page 1 ends

Q-679884-45820KP
Issued: 06/12/2025
Quote Expiration: 07/23/2025
Estimated Contract Start Date: 10/01/2025
Account Number: 115621
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Ceres Dept. of Public Safety - CA
2727 3rd
St
Ceres,
CA
95307-3219
USA
Ceres Dept. of Public Safety - CA
2727 3rd St
Ceres
CA
95307-3219
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Dirk Nieuwenhuis
Phone: (209) 538-5713
Email:
[email protected]
Fax: (209) 538-5707
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $181,528.26 TOTAL COST $829,467.63
ESTIMATED TOTAL W/ TAX $845,889.22 TOTAL SAVINGS $907,641.29 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

ATTACHMENT C
ITEM 5

Page 2 ends

Payment Summary
Date Subtotal Tax Total
Sep 2025 $85,281.63 ($124.44) $85,157.19
Sep 2026 $186,046.50 $4,136.47 $190,182.97
Sep 2027 $186,046.50 $4,136.47 $190,182.97
Sep 2028 $186,046.50 $4,136.47 $190,182.97
Sep 2029 $186,046.50 $4,136.62 $190,183.12
Total $829,467.63 $16,421.59 $845,889.22

ATTACHMENT C
ITEM 5

Page 3 ends

Quote Unbundled Price: $1,803,800.20
Quote List Price: $1,255,880.20
Quote Subtotal: $829,467.63
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100552 TRANSFER CREDIT - GOODS 1 $1.00 ($45,560.42) ($45,560.42) ($3,815.69) ($49,376.11) 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($35,179.87) ($35,179.87) $0.00 ($35,179.87) M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 60 60 $440.21 $287.06 $242.83 $874,188.00 $19,874.65 $894,062.65 T00001 AB4 FLEX POV TAP BUNDLE 60 60 $6.74 $7.69 $2.15 $7,740.00 $0.00 $7,740.00 A la Carte Hardware
101408 AXON FUSUS - CORE - CAD 1 $600.00 $0.00 $0.00 $0.00 $0.00 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 5 $600.00 $0.00 $0.00 $0.00 $0.00 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $5,000.00 $0.00 $0.00 $0.00 $0.00 101390 AXON FUSUS - CORE - ELITE 2.0 44TB HDD 1 $4,000.00 $0.00 $0.00 $0.00 $0.00 101382 AXON FUSUS - CORE - LITE 512GB 5 $200.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 8 $3,233.90 $204.87 $1,638.92 $137.26 $1,776.18 H00004 AB4 FLEX POV HARDWARE BUNDLE 60 $299.00 $44.85 $2,691.00 $225.37 $2,916.37 H00001 AB4 Camera Bundle 60 $1,798.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
BasicLicense Basic License Bundle 10 60 $16.27 $16.25 $9,750.00 $0.00 $9,750.00 A la Carte Services
101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 13 $425.00 $0.00 $0.00 $0.00 $0.00 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,700.00 $2,700.00 $2,700.00 $0.00 $2,700.00
85014 AXON BODY - PSO - 1 DAY 1 $4,000.00 $4,000.00 $4,000.00 $0.00 $4,000.00 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $7,500.00 $7,500.00 $7,500.00 $0.00 $7,500.00 A la Carte Warranties
101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 49 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 49 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 49 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 49 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 49 $0.00 $0.00 $0.00 $0.00 $0.00 Total $829,467.63 $16,421.59 $845,889.22
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 51 1 09/01/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 9 1 09/01/2025

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 09/01/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 66 1 09/01/2025 AB4 Camera Bundle 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 66 1 09/01/2025 AB4 Camera Bundle 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 66 1 09/01/2025 AB4 FLEX POV HARDWARE BUNDLE 100200 AXON BODY 4 - FLEX POV MODULE 2 1 09/01/2025 AB4 FLEX POV HARDWARE BUNDLE 100200 AXON BODY 4 - FLEX POV MODULE 60 1 09/01/2025 AB4 FLEX POV HARDWARE BUNDLE 100852 AXON BODY 4 - C-CLIP - POV 60 1 09/01/2025 AB4 FLEX POV HARDWARE BUNDLE 100855 AXON BODY 4 - MOUNT - POV EPAULETTE 66 1 09/01/2025 AB4 FLEX POV HARDWARE BUNDLE 100958 AXON BODY 4 - FLEX POV MODULE CABLE 48 IN 60 1 09/01/2025 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 09/01/2025 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 7 1 09/01/2025 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 8 1 09/01/2025 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 8 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100126 AXON VR - TACTICAL BAG 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 60 2 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 2 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 4 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100396 AXON TASER 10 - MAGAZINE - INERT RED 2 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 600 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100401 AXON TASER 10 - CARTRIDGE - INERT 30 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100591 AXON TASER - CLEANING KIT 1 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 60 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2) 1 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 60 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100748 AXON VR - CONTROLLER - TASER 10 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100832 AXON VR - CONTROLLER - HANDGUN VR19H 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101122 AXON VR - HOLSTER - T10 SAFARILAND GRAY - RH 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101294 AXON VR - TABLET 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101300 AXON VR - TABLET CASE 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101455 AXON TASER 10 - REPLACEMENT TOOL KIT - INTERPOSER BUCKET 1 1 09/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101456 AXON TASER 10 - REPLACEMENT INTERPOSER BUCKET 1 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 60 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101757 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE V2 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20018 AXON TASER - BATTERY PACK - TACTICAL 12 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20018 AXON TASER - BATTERY PACK - TACTICAL 60 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20378 AXON VR - HEADSET - HTC FOCUS 3 3 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 120 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 1 09/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 1 09/01/2025
A la Carte 101382 AXON FUSUS - CORE - LITE 512GB 5 1 09/01/2025 A la Carte 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 5 1 09/01/2025 A la Carte 101390 AXON FUSUS - CORE - ELITE 2.0 44TB HDD 1 1 09/01/2025 A la Carte 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 1 09/01/2025

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 101408 AXON FUSUS - CORE - CAD 1 1 09/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 1 09/01/2026 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 480 1 09/01/2026 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 1 09/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 480 1 09/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100210 AXON VR - TAP REFRESH 1 - TABLET 3 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 3 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 3 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20373 AXON VR - TAP REFRESH 1 - HEADSET 3 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73309 AXON BODY - TAP REFRESH 1 - CAMERA 62 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 8 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 1 09/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 480 1 09/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 1 09/01/2029 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 480 1 09/01/2029 AB4 FLEX POV TAP BUNDLE 100976 AXON BODY - TAP REFRESH 1 - AB4 FLEX POV 62 1 09/01/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73310 AXON BODY - TAP REFRESH 2 - CAMERA 62 1 09/01/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 8 1 09/01/2030 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 10 10/01/2025 09/30/2030 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 10 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101180 AXON TASER - DATA SCIENCE PROGRAM 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101705 AXON FUSUS - LICENSE - PRO USER 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101711 AXON FUSUS - LICENSE - ADDITIONAL CCTV STREAMS 150 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20248 AXON TASER - EVIDENCE.COM LICENSE 1 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20248 AXON TASER - EVIDENCE.COM LICENSE 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20370 AXON VR - USER ACCESS - FULL VR 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73618 AXON COMMUNITY REQUEST 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73638 AXON STANDARDS - LICENSE 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 600 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73739 AXON PERFORMANCE - LICENSE 60 10/01/2025 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73746 AXON EVIDENCE - ECOM LICENSE - PRO 60 10/01/2025 09/30/2030 Services
Bundle Item Description QTY
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 60 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 4 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101193 AXON TASER - ON DEMAND CERTIFICATION 1 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101780 AXON FUSUS - PSO - SW IMPLEMENTATION - PRO 1 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 60 A la Carte 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 A la Carte 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 13 A la Carte 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 A la Carte 85014 AXON BODY - PSO - 1 DAY 1

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Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 2 09/01/2026 09/30/2030 AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 60 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100197 AXON VR - EXT WARRANTY - HEADSET 3 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100213 AXON VR - EXT WARRANTY - TABLET 3 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 60 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101007 AXON VR - EXT WARRANTY - CONTROLLER 3 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 3 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 60 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 12 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80464 AXON BODY - TAP WARRANTY - CAMERA 2 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80464 AXON BODY - TAP WARRANTY - CAMERA 60 09/01/2026 09/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 8 09/01/2026 09/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 09/01/2026 09/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 09/01/2026 09/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 09/01/2026 09/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 09/01/2026 09/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 09/01/2026 09/30/2030

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Shipping Locations
Location Number Street City State Zip Country
1 2727 3rd St Ceres CA 95307-3219 USA
2 2727 3rd St Ceres CA 95307-3219 USA
Payment Details
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $492.48 $0.00 $492.48 Year 1 101382 AXON FUSUS - CORE - LITE 512GB 5 $0.00 $0.00 $0.00 Year 1 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 5 $0.00 $0.00 $0.00 Year 1 101390 AXON FUSUS - CORE - ELITE 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 1 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 1 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 1 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 13 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 1 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,368.00 $0.00 $1,368.00 Year 1 85014 AXON BODY - PSO - 1 DAY 1 $729.60 $0.00 $729.60 Year 1 BasicLicense Basic License Bundle 10 $1,778.40 $0.00 $1,778.40 Year 1 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00
Year 1 H00002 AB4 Multi Bay Dock Bundle 8 $298.94 $25.03 $323.97 Year 1 H00004 AB4 FLEX POV HARDWARE BUNDLE 60 $490.84 $41.11 $531.95 Year 1 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 60 $159,451.88 $3,625.11 $163,076.99 Year 1 T00001 AB4 FLEX POV TAP BUNDLE 60 $1,411.78 $0.00 $1,411.78 Invoice Upon Fulfillment 100552 TRANSFER CREDIT - GOODS 1 ($45,560.42) ($3,815.69) ($49,376.11) Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($35,179.87) $0.00 ($35,179.87) Total $85,281.63 ($124.44) $85,157.19
Oct 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 60 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $551.88 $0.00 $551.88 Year 2 101382 AXON FUSUS - CORE - LITE 512GB 5 $0.00 $0.00 $0.00 Year 2 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 5 $0.00 $0.00 $0.00 Year 2 101390 AXON FUSUS - CORE - ELITE 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 2 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 2 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00

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Sep 2026
Invoice
Plan Item Description Qty Subtotal Tax Total
Year 2 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 13 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 2 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,533.00 $0.00 $1,533.00 Year 2 85014 AXON BODY - PSO - 1 DAY 1 $817.60 $0.00 $817.60 Year 2 BasicLicense Basic License Bundle 10 $1,992.90 $0.00 $1,992.90 Year 2 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00
Year 2 H00002 AB4 Multi Bay Dock Bundle 8 $335.00 $28.05 $363.05 Year 2 H00004 AB4 FLEX POV HARDWARE BUNDLE 60 $550.04 $46.07 $596.11 Year 2 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 60 $178,684.02 $4,062.35 $182,746.37 Year 2 T00001 AB4 FLEX POV TAP BUNDLE 60 $1,582.06 $0.00 $1,582.06 Total $186,046.50 $4,136.47 $190,182.97
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $551.88 $0.00 $551.88 Year 3 101382 AXON FUSUS - CORE - LITE 512GB 5 $0.00 $0.00 $0.00 Year 3 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 5 $0.00 $0.00 $0.00 Year 3 101390 AXON FUSUS - CORE - ELITE 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 3 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 3 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 3 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 13 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 3 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,533.00 $0.00 $1,533.00 Year 3 85014 AXON BODY - PSO - 1 DAY 1 $817.60 $0.00 $817.60 Year 3 BasicLicense Basic License Bundle 10 $1,992.90 $0.00 $1,992.90 Year 3 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 8 $335.00 $28.05 $363.05 Year 3 H00004 AB4 FLEX POV HARDWARE BUNDLE 60 $550.04 $46.07 $596.11 Year 3 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 60 $178,684.02 $4,062.35 $182,746.37 Year 3 T00001 AB4 FLEX POV TAP BUNDLE 60 $1,582.06 $0.00 $1,582.06 Total $186,046.50 $4,136.47 $190,182.97
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $551.88 $0.00 $551.88 Year 4 101382 AXON FUSUS - CORE - LITE 512GB 5 $0.00 $0.00 $0.00 Year 4 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 5 $0.00 $0.00 $0.00 Year 4 101390 AXON FUSUS - CORE - ELITE 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 4 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 4 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 4 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 13 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00

ATTACHMENT C
ITEM 5

Page 9 ends

Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 4 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,533.00 $0.00 $1,533.00 Year 4 85014 AXON BODY - PSO - 1 DAY 1 $817.60 $0.00 $817.60 Year 4 BasicLicense Basic License Bundle 10 $1,992.90 $0.00 $1,992.90 Year 4 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00
Year 4 H00002 AB4 Multi Bay Dock Bundle 8 $335.00 $28.05 $363.05 Year 4 H00004 AB4 FLEX POV HARDWARE BUNDLE 60 $550.04 $46.07 $596.11 Year 4 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 60 $178,684.02 $4,062.35 $182,746.37 Year 4 T00001 AB4 FLEX POV TAP BUNDLE 60 $1,582.06 $0.00 $1,582.06 Total $186,046.50 $4,136.47 $190,182.97
Sep 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $551.88 $0.00 $551.88 Year 5 101382 AXON FUSUS - CORE - LITE 512GB 5 $0.00 $0.00 $0.00 Year 5 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 5 $0.00 $0.00 $0.00 Year 5 101390 AXON FUSUS - CORE - ELITE 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 5 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 5 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 5 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 13 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 5 $0.00 $0.00 $0.00 Year 5 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,533.00 $0.00 $1,533.00 Year 5 85014 AXON BODY - PSO - 1 DAY 1 $817.60 $0.00 $817.60 Year 5 BasicLicense Basic License Bundle 10 $1,992.90 $0.00 $1,992.90 Year 5 H00001 AB4 Camera Bundle 60 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 8 $335.00 $28.08 $363.08 Year 5 H00004 AB4 FLEX POV HARDWARE BUNDLE 60 $550.04 $46.05 $596.09 Year 5 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 60 $178,684.02 $4,062.49 $182,746.51 Year 5 T00001 AB4 FLEX POV TAP BUNDLE 60 $1,582.06 $0.00 $1,582.06 Total $186,046.50 $4,136.62 $190,183.12

ATTACHMENT C
ITEM 5

Page 10 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior
to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This
Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop
new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any
purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Exceptions to Standard Terms and Conditions

ATTACHMENT C
ITEM 5

Page 11 ends

Agency has existing contract(s) originated via Quote(s):

Q-309655
Agency is terminating those contracts effective 10/1/2025 Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.

The parties agree that Axon is applying a Net Transfer Credit of -$80,740.29 100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing quotes aforementioned above. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. \s1\ \d1\
Signature Date Signed
6/12/2025

ATTACHMENT C
ITEM 5

Page 12 ends

ATTACHMENT C
ITEM 5

COUNCIL AGENDA REPORT

Michael R. Beltran II, P.E., Director of Engineering Services/City Engineer
[email protected], (209) 538-5775
SUBJECT:

Resolution No. 20 25-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 202 5/26 within the City of Ceres Community Facilities District No. 1 (Public Services)
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution ordering the levy and collection of special taxes for fiscal year 2025/26 within the City of Ceres Community Facilities District No. 1 (Public Services).

I. BACKGROUND:

The City of Ceres has declared by previous resolutions or other proceedings its intent to levy special taxes within Community Facilities District No. 1 for public safety costs for police, fire, and ambulance services; maintenance costs for parks, parkways, and open spaces; and the administrative expenses of the District under the provisions of the Mello- Roos Community Facility Act of 1982. The special taxes against real property are not levied regarding property values, but rather per parcel of land within said district.

This resolution sets the new adjusted amount of the tax rate and orders its collection.

Each year the tax rate can be adjusted by the Consumer Price Index (CPI). The CPI used is titled All Urban Consumers for the San Francisco-Oakland-San Jose area based on all items. The annual value is used in the calculations, and the adjustment is not to exceed 4% in any year. The specific CPI to be used was determined when the district was created in 2002. This 2024 calendar year annual average CPI was 2.9%, therefore the maximum escalation factor of 2.9% is recommended, adjusting the District 1 rate from $353.43 to $363.68.

The City of Ceres has determined and certifies the special taxes are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the ITEM 6
voters in November 1996. The City of Ceres has further determined the special taxes are in compliance with all laws pertaining to the levy of such special taxes.

II. REASONS FOR RECOMMENDATION:

Staff recommends the resolution be adopted in order to continue to offer the appropriate level of service to the districts. Once approved staff can place the rate on the FY 2025/26 tax roll.

III. FISCAL IMPACTS:

If the resolution is adopted, the City will be able to collect the assessments during the 2025/26 fiscal year.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This recommendation is consistent with the Strategic Plan Summary in accordance with “Strategies: Livable Community.”
V. POLICY ALTERNATIVES:

If the City Council does not adopt this resolution, last year’s rates will be collected on all the parcels, creating a budget shortfall in the areas of police, fire, ambulance, and park maintenance services.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Prepare a tax listing based on the new rate for FY 202 5/26. Submit the resolution and tax listing to the Assessor of Stanislaus County so that the levy will be placed on the tax roll.

Approved by: ________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – CFD 1 Parcel List
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ORDERING THE LEVY AND COLLECTION OF
SPECIAL TAXES FOR FISCAL YEAR 2025/26 WITHIN THE CITY OF CERES COMMUNITY FACILITIES DISTRICT NO. 1 (PUBLIC SERVICES)

THE CITY COUNCIL
City of Ceres

WHEREAS, the City’s Community Facilities District No. 1 (Public Services) (the “District”) was previously established in accordance with and pursuant to the Mello - Roos Community Facilities Act of 1982 (the “Act”); and

WHEREAS, the Council has declared by previous resolution or other proceedings declared its intent to levy special taxes within the District for certain public services, and determined said special taxes are levied and collected pursuant to the Rate and Method of Apportionment of Special Tax within the District and are not levied with regard to property values; and

WHEREAS, the Council certifies that the special taxes are not subject to the provisions of California Constitution Article XIII D (“Proposition 218”) as enacted by the voters of the State of California in November 1996.

NOW, THEREFORE , BE IT RESOLVED that the City Council of the City of Ceres does hereby order the levy and collection of special taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No. 1 (Public Services).

BE IT FURTHER RESOLVED that a certified copy of this resolution will be delivered to the Auditor-Controller of the County of Stanislaus.

PASSED AND ADOPTED by the Council at a regular meeting thereof held on the 14th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

______
Javier Lopez, Mayor
ATTEST:

_____
Fallon Martin, City Clerk
ITEM 6
ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* 039-013-027-000 Taxable 039-014-036-000 Taxable 039-058-098-000 Exempt 039-067-013-000 Taxable 039-013-028-000 Taxable 039-014-037-000 Exempt 039-060-001-000 Taxable 039-067-014-000 Taxable 039-013-029-000 Taxable 039-014-038-000 Taxable 039-060-028-000 Taxable 039-067-015-000 Taxable 039-013-030-000 Taxable 039-014-039-000 Taxable 039-060-029-000 Taxable 039-067-016-000 Taxable 039-013-031-000 Taxable 039-014-040-000 Taxable 039-060-030-000 Taxable 039-067-017-000 Taxable 039-013-032-000 Taxable 039-014-041-000 Exempt 039-060-031-000 Taxable 039-067-018-000 Taxable 039-013-033-000 Taxable 039-014-042-000 Exempt 039-060-032-000 Taxable 039-067-019-000 Taxable 039-013-034-000 Exempt 039-014-043-000 Exempt 039-060-033-000 Taxable 039-067-020-000 Taxable 039-013-035-000 Taxable 039-014-044-000 Taxable 039-060-034-000 Taxable 039-067-021-000 Taxable 039-013-037-000 Exempt 039-014-045-000 Taxable 039-060-035-000 Taxable 039-067-022-000 Exempt 039-013-038-000 Exempt 039-017-012-000 Taxable 039-060-036-000 Taxable 039-067-023-000 Taxable 039-014-010-000 Taxable 039-054-076-000 Taxable 039-060-037-000 Taxable 039-067-024-000 Taxable 039-014-011-000 Taxable 039-054-077-000 Taxable 039-060-038-000 Taxable 039-067-025-000 Taxable 039-014-012-000 Taxable 039-054-078-000 Taxable 039-062-082-000 Taxable 039-067-026-000 Taxable 039-014-013-000 Taxable 039-054-079-000 Taxable 039-062-083-000 Taxable 039-067-027-000 Taxable 039-014-014-000 Taxable 039-054-080-000 Taxable 039-062-084-000 Taxable 039-067-028-000 Taxable 039-014-015-000 Taxable 039-054-081-000 Taxable 039-062-085-000 Taxable 039-067-029-000 Taxable 039-014-016-000 Exempt 039-054-082-000 Taxable 039-062-086-000 Taxable 039-067-030-000 Taxable 039-014-017-000 Taxable 039-054-083-000 Taxable 039-062-087-000 Taxable 039-067-031-000 Taxable 039-014-018-000 Taxable 039-054-084-000 Taxable 039-062-088-000 Taxable 039-067-032-000 Taxable 039-014-019-000 Taxable 039-054-085-000 Taxable 039-062-089-000 Taxable 039-067-033-000 Taxable 039-014-020-000 Exempt 039-054-086-000 Taxable 039-062-090-000 Taxable 039-067-034-000 Taxable 039-014-021-000 Taxable 039-054-087-000 Taxable 039-067-001-000 Taxable 039-067-035-000 Taxable 039-014-022-000 Taxable 039-054-088-000 Exempt 039-067-002-000 Taxable 039-067-036-000 Taxable 039-014-023-000 Exempt 039-054-089-000 Exempt 039-067-003-000 Taxable 039-067-037-000 Taxable 039-014-024-000 Taxable 039-058-091-000 Taxable 039-067-004-000 Taxable 039-067-038-000 Exempt 039-014-028-000 Taxable 039-058-092-000 Taxable 039-067-007-000 Taxable 039-067-039-000 Taxable 039-014-029-000 Taxable 039-058-093-000 Taxable 039-067-008-000 Taxable 039-067-040-000 Taxable 039-014-032-000 Taxable 039-058-094-000 Taxable 039-067-009-000 Exempt 039-067-041-000 Taxable 039-014-033-000 Taxable 039-058-095-000 Taxable 039-067-010-000 Taxable 039-067-042-000 Taxable 039-014-034-000 Exempt 039-058-096-000 Taxable 039-067-011-000 Taxable 039-067-043-000 Taxable 039-014-035-000 Exempt 039-058-097-000 Exempt 039-067-012-000 Taxable 039-067-044-000 Taxable CFD 1

ATTACHMENT B
ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
039-067-045-000 Taxable 039-067-078-000 Taxable 040-009-067-000 Taxable 040-093-021-000 Taxable 039-067-046-000 Taxable 040-009-038-000 Taxable 040-009-068-000 Taxable 040-093-022-000 Taxable 039-067-047-000 Taxable 040-009-039-000 Taxable 040-009-069-000 Taxable 040-093-023-000 Taxable 039-067-048-000 Taxable 040-009-040-000 Taxable 040-009-070-000 Taxable 040-093-024-000 Taxable 039-067-049-000 Taxable 040-009-041-000 Taxable 040-009-071-000 Taxable 040-093-025-000 Taxable 039-067-050-000 Taxable 040-009-042-000 Taxable 040-009-072-000 Taxable 040-093-026-000 Taxable 039-067-051-000 Taxable 040-009-043-000 Taxable 040-014-090-000 Exempt 040-093-027-000 Taxable 039-067-052-000 Taxable 040-009-044-000 Taxable 040-067-046-000 Taxable 040-093-028-000 Taxable 039-067-056-000 Taxable 040-009-045-000 Taxable 040-067-047-000 Exempt 040-093-029-000 Taxable 039-067-057-000 Taxable 040-009-046-000 Taxable 040-086-072-000 Taxable 040-093-030-000 Taxable 039-067-058-000 Taxable 040-009-047-000 Taxable 040-093-001-000 Exempt 040-093-031-000 Taxable 039-067-059-000 Taxable 040-009-048-000 Taxable 040-093-002-000 Taxable 040-093-032-000 Taxable 039-067-060-000 Taxable 040-009-049-000 Taxable 040-093-003-000 Taxable 040-093-033-000 Taxable 039-067-061-000 Taxable 040-009-050-000 Taxable 040-093-004-000 Taxable 040-093-034-000 Taxable 039-067-062-000 Taxable 040-009-051-000 Taxable 040-093-005-000 Taxable 040-093-035-000 Taxable 039-067-063-000 Taxable 040-009-052-000 Taxable 040-093-006-000 Taxable 053-004-049-000 Taxable 039-067-064-000 Taxable 040-009-053-000 Taxable 040-093-007-000 Taxable 053-022-062-000 Taxable 039-067-065-000 Taxable 040-009-054-000 Taxable 040-093-008-000 Taxable 053-029-023-000 Exempt 039-067-066-000 Taxable 040-009-055-000 Taxable 040-093-009-000 Taxable 053-033-005-000 Taxable 039-067-067-000 Taxable 040-009-056-000 Taxable 040-093-010-000 Taxable 053-033-006-000 Taxable 039-067-068-000 Exempt 040-009-057-000 Taxable 040-093-011-000 Taxable 053-033-007-000 Taxable 039-067-069-000 Taxable 040-009-058-000 Taxable 040-093-012-000 Taxable 053-058-043-000 Taxable 039-067-070-000 Taxable 040-009-059-000 Exempt 040-093-013-000 Taxable 053-058-045-000 Taxable 039-067-071-000 Taxable 040-009-060-000 Taxable 040-093-014-000 Taxable 053-058-046-000 Taxable 039-067-072-000 Taxable 040-009-061-000 Taxable 040-093-015-000 Taxable 053-058-047-000 Taxable 039-067-073-000 Taxable 040-009-062-000 Taxable 040-093-016-000 Taxable 053-058-048-000 Taxable 039-067-074-000 Taxable 040-009-063-000 Taxable 040-093-017-000 Taxable 053-058-049-000 Taxable 039-067-075-000 Taxable 040-009-064-000 Taxable 040-093-018-000 Taxable 053-058-050-000 Taxable 039-067-076-000 Taxable 040-009-065-000 Taxable 040-093-019-000 Taxable 053-058-054-000 Taxable 039-067-077-000 Taxable 040-009-066-000 Taxable 040-093-020-000 Taxable 053-058-056-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
053-059-001-000 Taxable 053-059-031-000 Taxable 053-060-003-000 Exempt 053-060-033-000 Exempt 053-059-002-000 Taxable 053-059-032-000 Taxable 053-060-004-000 Exempt 053-060-034-000 Exempt 053-059-003-000 Taxable 053-059-033-000 Taxable 053-060-005-000 Exempt 053-060-035-000 Exempt 053-059-004-000 Taxable 053-059-034-000 Taxable 053-060-006-000 Exempt 053-060-036-000 Exempt 053-059-005-000 Taxable 053-059-035-000 Taxable 053-060-007-000 Exempt 053-060-037-000 Exempt 053-059-006-000 Taxable 053-059-036-000 Taxable 053-060-008-000 Exempt 053-060-038-000 Exempt 053-059-007-000 Taxable 053-059-037-000 Taxable 053-060-009-000 Exempt 053-060-039-000 Exempt 053-059-008-000 Taxable 053-059-038-000 Taxable 053-060-010-000 Exempt 053-060-040-000 Exempt 053-059-009-000 Taxable 053-059-039-000 Taxable 053-060-011-000 Exempt 053-060-041-000 Exempt 053-059-010-000 Taxable 053-059-040-000 Taxable 053-060-012-000 Exempt 053-060-042-000 Exempt 053-059-011-000 Taxable 053-059-041-000 Taxable 053-060-013-000 Exempt 053-060-043-000 Exempt 053-059-012-000 Taxable 053-059-042-000 Taxable 053-060-014-000 Exempt 053-060-044-000 Exempt 053-059-013-000 Taxable 053-059-043-000 Taxable 053-060-015-000 Exempt 069-015-011-000 Taxable 053-059-014-000 Taxable 053-059-044-000 Taxable 053-060-016-000 Exempt 069-016-002-000 Taxable 053-059-015-000 Taxable 053-059-045-000 Taxable 053-060-017-000 Exempt 069-016-003-000 Taxable 053-059-016-000 Taxable 053-059-046-000 Taxable 053-060-018-000 Exempt 069-029-001-000 Taxable 053-059-017-000 Taxable 053-059-047-000 Taxable 053-060-019-000 Exempt 069-029-002-000 Taxable 053-059-018-000 Taxable 053-059-048-000 Taxable 053-060-020-000 Exempt 069-029-003-000 Taxable 053-059-019-000 Taxable 053-059-049-000 Taxable 053-060-021-000 Exempt 069-029-004-000 Taxable 053-059-020-000 Taxable 053-059-050-000 Taxable 053-060-022-000 Exempt 069-029-005-000 Taxable 053-059-021-000 Taxable 053-059-051-000 Taxable 053-060-023-000 Exempt 069-029-006-000 Taxable 053-059-022-000 Taxable 053-059-052-000 Taxable 053-060-024-000 Exempt 069-029-007-000 Taxable 053-059-023-000 Taxable 053-059-053-000 Taxable 053-060-025-000 Exempt 069-029-008-000 Taxable 053-059-024-000 Taxable 053-059-054-000 Taxable 053-060-026-000 Exempt 069-029-009-000 Taxable 053-059-025-000 Taxable 053-059-055-000 Taxable 053-060-027-000 Exempt 069-029-010-000 Taxable 053-059-026-000 Taxable 053-059-056-000 Taxable 053-060-028-000 Exempt 069-029-011-000 Taxable 053-059-027-000 Taxable 053-059-057-000 Taxable 053-060-029-000 Exempt 069-029-012-000 Taxable 053-059-028-000 Taxable 053-059-058-000 Taxable 053-060-030-000 Exempt 069-029-013-000 Taxable 053-059-029-000 Taxable 053-060-001-000 Exempt 053-060-031-000 Exempt 069-029-014-000 Taxable 053-059-030-000 Taxable 053-060-002-000 Exempt 053-060-032-000 Exempt 069-029-015-000 Taxable 069-029-016-000 Taxable 069-029-047-000 Taxable 069-029-077-000 Taxable 069-030-016-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-029-017-000 Taxable 069-029-048-000 Taxable 069-029-078-000 Taxable 069-030-017-000 Taxable 069-029-018-000 Taxable 069-029-049-000 Taxable 069-029-079-000 Taxable 069-030-018-000 Taxable 069-029-019-000 Taxable 069-029-050-000 Taxable 069-029-080-000 Taxable 069-030-019-000 Taxable 069-029-020-000 Taxable 069-029-051-000 Taxable 069-029-081-000 Taxable 069-030-020-000 Taxable 069-029-021-000 Taxable 069-029-052-000 Taxable 069-029-082-000 Taxable 069-030-021-000 Taxable 069-029-022-000 Taxable 069-029-053-000 Taxable 069-029-083-000 Taxable 069-030-022-000 Taxable 069-029-023-000 Taxable 069-029-054-000 Taxable 069-029-084-000 Taxable 069-030-023-000 Taxable 069-029-024-000 Taxable 069-029-055-000 Taxable 069-029-085-000 Taxable 069-030-024-000 Taxable 069-029-025-000 Taxable 069-029-056-000 Taxable 069-029-086-000 Taxable 069-030-025-000 Taxable 069-029-026-000 Taxable 069-029-057-000 Taxable 069-029-087-000 Taxable 069-030-026-000 Taxable 069-029-027-000 Taxable 069-029-058-000 Taxable 069-029-088-000 Taxable 069-030-027-000 Taxable 069-029-028-000 Taxable 069-029-059-000 Taxable 069-029-089-000 Taxable 069-030-028-000 Taxable 069-029-029-000 Taxable 069-029-060-000 Taxable 069-029-090-000 Taxable 069-030-029-000 Taxable 069-029-031-000 Taxable 069-029-061-000 Taxable 069-029-091-000 Taxable 069-030-030-000 Taxable 069-029-032-000 Taxable 069-029-062-000 Taxable 069-030-001-000 Taxable 069-030-031-000 Taxable 069-029-033-000 Taxable 069-029-063-000 Taxable 069-030-002-000 Taxable 069-030-032-000 Taxable 069-029-034-000 Taxable 069-029-064-000 Taxable 069-030-003-000 Taxable 069-030-033-000 Taxable 069-029-035-000 Taxable 069-029-065-000 Taxable 069-030-004-000 Taxable 069-030-034-000 Taxable 069-029-036-000 Taxable 069-029-066-000 Taxable 069-030-005-000 Taxable 069-030-035-000 Taxable 069-029-037-000 Taxable 069-029-067-000 Taxable 069-030-006-000 Taxable 069-030-036-000 Taxable 069-029-038-000 Taxable 069-029-068-000 Taxable 069-030-007-000 Taxable 069-030-037-000 Taxable 069-029-039-000 Taxable 069-029-069-000 Taxable 069-030-008-000 Taxable 069-030-038-000 Taxable 069-029-040-000 Taxable 069-029-070-000 Taxable 069-030-009-000 Taxable 069-030-039-000 Taxable 069-029-041-000 Taxable 069-029-071-000 Taxable 069-030-010-000 Taxable 069-030-040-000 Taxable 069-029-042-000 Taxable 069-029-072-000 Taxable 069-030-011-000 Taxable 069-030-041-000 Taxable 069-029-043-000 Taxable 069-029-073-000 Taxable 069-030-012-000 Taxable 069-030-042-000 Taxable 069-029-044-000 Taxable 069-029-074-000 Taxable 069-030-013-000 Taxable 069-030-043-000 Taxable 069-029-045-000 Taxable 069-029-075-000 Taxable 069-030-014-000 Taxable 069-030-044-000 Taxable 069-029-046-000 Taxable 069-029-076-000 Taxable 069-030-015-000 Taxable 069-030-045-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-030-046-000 Taxable 069-030-076-000 Taxable 069-031-024-000 Taxable 069-031-054-000 Taxable 069-030-047-000 Taxable 069-030-077-000 Taxable 069-031-025-000 Taxable 069-031-055-000 Taxable 069-030-048-000 Taxable 069-030-078-000 Taxable 069-031-026-000 Taxable 069-032-001-000 Taxable 069-030-049-000 Taxable 069-030-079-000 Taxable 069-031-027-000 Taxable 069-032-002-000 Taxable 069-030-050-000 Taxable 069-030-080-000 Taxable 069-031-028-000 Taxable 069-032-003-000 Taxable 069-030-051-000 Taxable 069-030-081-000 Taxable 069-031-029-000 Taxable 069-032-004-000 Taxable 069-030-052-000 Taxable 069-030-082-000 Taxable 069-031-030-000 Taxable 069-032-005-000 Taxable 069-030-053-000 Taxable 069-031-001-000 Taxable 069-031-031-000 Taxable 069-032-006-000 Taxable 069-030-054-000 Taxable 069-031-002-000 Taxable 069-031-032-000 Taxable 069-032-007-000 Taxable 069-030-055-000 Taxable 069-031-003-000 Taxable 069-031-033-000 Taxable 069-032-008-000 Taxable 069-030-056-000 Taxable 069-031-004-000 Taxable 069-031-034-000 Taxable 069-032-009-000 Taxable 069-030-057-000 Taxable 069-031-005-000 Taxable 069-031-035-000 Taxable 069-032-010-000 Taxable 069-030-058-000 Taxable 069-031-006-000 Taxable 069-031-036-000 Taxable 069-032-011-000 Taxable 069-030-059-000 Taxable 069-031-007-000 Taxable 069-031-037-000 Taxable 069-032-012-000 Taxable 069-030-060-000 Taxable 069-031-008-000 Taxable 069-031-038-000 Taxable 069-032-013-000 Taxable 069-030-061-000 Taxable 069-031-009-000 Taxable 069-031-039-000 Taxable 069-032-014-000 Taxable 069-030-062-000 Taxable 069-031-010-000 Taxable 069-031-040-000 Taxable 069-032-015-000 Taxable 069-030-063-000 Taxable 069-031-011-000 Taxable 069-031-041-000 Taxable 069-032-016-000 Taxable 069-030-064-000 Taxable 069-031-012-000 Taxable 069-031-042-000 Taxable 069-032-017-000 Taxable 069-030-065-000 Taxable 069-031-013-000 Taxable 069-031-043-000 Taxable 069-032-018-000 Taxable 069-030-066-000 Taxable 069-031-014-000 Taxable 069-031-044-000 Taxable 069-032-019-000 Taxable 069-030-067-000 Taxable 069-031-015-000 Taxable 069-031-045-000 Taxable 069-032-020-000 Taxable 069-030-068-000 Taxable 069-031-016-000 Taxable 069-031-046-000 Taxable 069-032-021-000 Taxable 069-030-069-000 Taxable 069-031-017-000 Taxable 069-031-047-000 Taxable 069-032-022-000 Taxable 069-030-070-000 Taxable 069-031-018-000 Taxable 069-031-048-000 Taxable 069-032-023-000 Taxable 069-030-071-000 Taxable 069-031-019-000 Taxable 069-031-049-000 Taxable 069-032-024-000 Taxable 069-030-072-000 Taxable 069-031-020-000 Taxable 069-031-050-000 Taxable 069-032-025-000 Taxable 069-030-073-000 Taxable 069-031-021-000 Taxable 069-031-051-000 Taxable 069-032-026-000 Taxable 069-030-074-000 Taxable 069-031-022-000 Taxable 069-031-052-000 Taxable 069-032-027-000 Taxable 069-030-075-000 Taxable 069-031-023-000 Taxable 069-031-053-000 Taxable 069-032-028-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-032-029-000 Taxable 069-032-059-000 Taxable 069-033-035-000 Taxable 069-033-065-000 Taxable 069-032-030-000 Taxable 069-033-006-000 Taxable 069-033-036-000 Taxable 069-033-066-000 Taxable 069-032-031-000 Taxable 069-033-007-000 Taxable 069-033-037-000 Taxable 069-033-067-000 Taxable 069-032-032-000 Taxable 069-033-008-000 Taxable 069-033-038-000 Taxable 069-033-068-000 Taxable 069-032-033-000 Taxable 069-033-009-000 Taxable 069-033-039-000 Taxable 069-034-001-000 Taxable 069-032-034-000 Taxable 069-033-010-000 Taxable 069-033-040-000 Taxable 069-034-002-000 Taxable 069-032-035-000 Taxable 069-033-011-000 Taxable 069-033-041-000 Taxable 069-034-003-000 Taxable 069-032-036-000 Taxable 069-033-012-000 Taxable 069-033-042-000 Taxable 069-034-004-000 Taxable 069-032-037-000 Taxable 069-033-013-000 Taxable 069-033-043-000 Taxable 069-034-005-000 Taxable 069-032-038-000 Taxable 069-033-014-000 Taxable 069-033-044-000 Taxable 069-034-006-000 Taxable 069-032-039-000 Taxable 069-033-015-000 Taxable 069-033-045-000 Taxable 069-034-007-000 Taxable 069-032-040-000 Taxable 069-033-016-000 Taxable 069-033-046-000 Taxable 069-034-008-000 Taxable 069-032-041-000 Taxable 069-033-017-000 Taxable 069-033-047-000 Taxable 069-034-009-000 Taxable 069-032-042-000 Taxable 069-033-018-000 Taxable 069-033-048-000 Taxable 069-034-010-000 Taxable 069-032-043-000 Taxable 069-033-019-000 Taxable 069-033-049-000 Taxable 069-034-011-000 Taxable 069-032-044-000 Taxable 069-033-020-000 Taxable 069-033-050-000 Taxable 069-034-012-000 Taxable 069-032-045-000 Taxable 069-033-021-000 Taxable 069-033-051-000 Taxable 069-034-013-000 Taxable 069-032-046-000 Taxable 069-033-022-000 Taxable 069-033-052-000 Taxable 069-034-014-000 Taxable 069-032-047-000 Taxable 069-033-023-000 Taxable 069-033-053-000 Taxable 069-034-015-000 Taxable 069-032-048-000 Taxable 069-033-024-000 Taxable 069-033-054-000 Taxable 069-034-016-000 Taxable 069-032-049-000 Taxable 069-033-025-000 Taxable 069-033-055-000 Taxable 069-034-017-000 Taxable 069-032-050-000 Taxable 069-033-026-000 Taxable 069-033-056-000 Taxable 069-034-018-000 Taxable 069-032-051-000 Taxable 069-033-027-000 Taxable 069-033-057-000 Taxable 069-034-019-000 Taxable 069-032-052-000 Taxable 069-033-028-000 Taxable 069-033-058-000 Taxable 069-034-020-000 Taxable 069-032-053-000 Taxable 069-033-029-000 Taxable 069-033-059-000 Taxable 069-034-021-000 Taxable 069-032-054-000 Taxable 069-033-030-000 Taxable 069-033-060-000 Taxable 069-034-022-000 Taxable 069-032-055-000 Taxable 069-033-031-000 Taxable 069-033-061-000 Taxable 069-034-023-000 Taxable 069-032-056-000 Taxable 069-033-032-000 Taxable 069-033-062-000 Taxable 069-034-024-000 Taxable 069-032-057-000 Taxable 069-033-033-000 Taxable 069-033-063-000 Taxable 069-034-025-000 Taxable 069-032-058-000 Taxable 069-033-034-000 Taxable 069-033-064-000 Taxable 069-034-026-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-034-027-000 Taxable 069-035-004-000 Taxable 069-035-034-000 Taxable 069-036-014-000 Taxable 069-034-028-000 Taxable 069-035-005-000 Taxable 069-035-035-000 Taxable 069-036-015-000 Taxable 069-034-029-000 Taxable 069-035-006-000 Taxable 069-035-036-000 Taxable 069-036-016-000 Taxable 069-034-030-000 Taxable 069-035-007-000 Taxable 069-035-037-000 Taxable 069-036-017-000 Taxable 069-034-031-000 Taxable 069-035-008-000 Taxable 069-035-038-000 Taxable 069-036-018-000 Taxable 069-034-032-000 Taxable 069-035-009-000 Taxable 069-035-039-000 Taxable 069-036-019-000 Taxable 069-034-033-000 Taxable 069-035-010-000 Taxable 069-035-040-000 Taxable 069-036-020-000 Taxable 069-034-034-000 Taxable 069-035-011-000 Taxable 069-035-041-000 Taxable 069-036-021-000 Taxable 069-034-035-000 Taxable 069-035-012-000 Taxable 069-035-042-000 Taxable 069-036-022-000 Taxable 069-034-036-000 Taxable 069-035-013-000 Taxable 069-035-043-000 Taxable 069-036-023-000 Taxable 069-034-037-000 Taxable 069-035-014-000 Taxable 069-035-044-000 Taxable 069-036-024-000 Taxable 069-034-038-000 Taxable 069-035-015-000 Taxable 069-035-045-000 Taxable 069-036-025-000 Taxable 069-034-039-000 Taxable 069-035-016-000 Taxable 069-035-046-000 Taxable 069-036-026-000 Taxable 069-034-040-000 Taxable 069-035-017-000 Taxable 069-035-047-000 Taxable 069-036-027-000 Taxable 069-034-041-000 Taxable 069-035-018-000 Taxable 069-035-048-000 Taxable 069-036-028-000 Taxable 069-034-042-000 Taxable 069-035-019-000 Taxable 069-035-049-000 Taxable 069-036-029-000 Taxable 069-034-043-000 Taxable 069-035-020-000 Taxable 069-035-050-000 Taxable 069-036-030-000 Taxable 069-034-044-000 Taxable 069-035-021-000 Taxable 069-035-051-000 Taxable 069-036-031-000 Taxable 069-034-045-000 Taxable 069-035-022-000 Taxable 069-036-001-000 Exempt 069-036-032-000 Taxable 069-034-046-000 Taxable 069-035-023-000 Taxable 069-036-003-000 Taxable 069-036-033-000 Taxable 069-034-047-000 Taxable 069-035-024-000 Taxable 069-036-004-000 Taxable 069-036-034-000 Taxable 069-034-048-000 Taxable 069-035-025-000 Taxable 069-036-005-000 Taxable 069-036-035-000 Taxable 069-034-049-000 Taxable 069-035-026-000 Taxable 069-036-006-000 Taxable 069-036-036-000 Taxable 069-034-050-000 Taxable 069-035-027-000 Taxable 069-036-007-000 Taxable 069-036-037-000 Taxable 069-034-051-000 Taxable 069-035-028-000 Taxable 069-036-008-000 Taxable 069-036-038-000 Taxable 069-034-052-000 Taxable 069-035-029-000 Taxable 069-036-009-000 Taxable 069-036-039-000 Taxable 069-034-053-000 Taxable 069-035-030-000 Taxable 069-036-010-000 Taxable 069-036-040-000 Taxable 069-035-001-000 Taxable 069-035-031-000 Taxable 069-036-011-000 Taxable 069-036-041-000 Taxable 069-035-002-000 Taxable 069-035-032-000 Taxable 069-036-012-000 Taxable 069-036-042-000 Taxable 069-035-003-000 Taxable 069-035-033-000 Taxable 069-036-013-000 Taxable 069-036-043-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-036-044-000 Taxable 069-036-074-000 Taxable 069-037-022-000 Taxable 069-037-052-000 Taxable 069-036-045-000 Taxable 069-036-075-000 Taxable 069-037-023-000 Taxable 069-037-053-000 Taxable 069-036-046-000 Taxable 069-036-076-000 Taxable 069-037-024-000 Taxable 069-037-054-000 Taxable 069-036-047-000 Taxable 069-036-077-000 Taxable 069-037-025-000 Taxable 069-037-055-000 Taxable 069-036-048-000 Taxable 069-036-078-000 Taxable 069-037-026-000 Taxable 069-037-056-000 Taxable 069-036-049-000 Taxable 069-036-079-000 Taxable 069-037-027-000 Taxable 069-037-057-000 Taxable 069-036-050-000 Taxable 069-036-080-000 Taxable 069-037-028-000 Taxable 069-037-058-000 Taxable 069-036-051-000 Taxable 069-036-081-000 Taxable 069-037-029-000 Taxable 069-037-059-000 Taxable 069-036-052-000 Taxable 069-036-082-000 Taxable 069-037-030-000 Taxable 069-037-060-000 Taxable 069-036-053-000 Taxable 069-037-001-000 Taxable 069-037-031-000 Taxable 069-037-061-000 Taxable 069-036-054-000 Taxable 069-037-002-000 Taxable 069-037-032-000 Taxable 069-037-062-000 Taxable 069-036-055-000 Taxable 069-037-003-000 Taxable 069-037-033-000 Taxable 069-037-063-000 Taxable 069-036-056-000 Taxable 069-037-004-000 Taxable 069-037-034-000 Taxable 069-037-064-000 Taxable 069-036-057-000 Taxable 069-037-005-000 Taxable 069-037-035-000 Taxable 069-037-065-000 Taxable 069-036-058-000 Taxable 069-037-006-000 Taxable 069-037-036-000 Taxable 069-037-066-000 Taxable 069-036-059-000 Taxable 069-037-007-000 Taxable 069-037-037-000 Taxable 069-037-067-000 Taxable 069-036-060-000 Taxable 069-037-008-000 Taxable 069-037-038-000 Taxable 069-037-068-000 Taxable 069-036-061-000 Taxable 069-037-009-000 Taxable 069-037-039-000 Taxable 069-037-069-000 Taxable 069-036-062-000 Taxable 069-037-010-000 Taxable 069-037-040-000 Taxable 069-037-070-000 Taxable 069-036-063-000 Taxable 069-037-011-000 Taxable 069-037-041-000 Taxable 069-037-071-000 Taxable 069-036-064-000 Taxable 069-037-012-000 Taxable 069-037-042-000 Taxable 069-037-072-000 Taxable 069-036-065-000 Taxable 069-037-013-000 Taxable 069-037-043-000 Taxable 069-037-073-000 Taxable 069-036-066-000 Taxable 069-037-014-000 Taxable 069-037-044-000 Taxable 069-037-074-000 Taxable 069-036-067-000 Taxable 069-037-015-000 Taxable 069-037-045-000 Taxable 069-037-075-000 Taxable 069-036-068-000 Taxable 069-037-016-000 Taxable 069-037-046-000 Taxable 069-037-076-000 Taxable 069-036-069-000 Taxable 069-037-017-000 Taxable 069-037-047-000 Taxable 069-037-077-000 Taxable 069-036-070-000 Taxable 069-037-018-000 Taxable 069-037-048-000 Taxable 069-037-078-000 Taxable 069-036-071-000 Taxable 069-037-019-000 Taxable 069-037-049-000 Taxable 069-037-079-000 Taxable 069-036-072-000 Taxable 069-037-020-000 Taxable 069-037-050-000 Taxable 069-037-080-000 Taxable 069-036-073-000 Taxable 069-037-021-000 Taxable 069-037-051-000 Taxable 069-037-081-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-037-082-000 Taxable 069-038-023-000 Taxable 069-039-003-000 Taxable 069-039-034-000 Taxable 069-037-083-000 Taxable 069-038-024-000 Taxable 069-039-004-000 Taxable 069-039-035-000 Taxable 069-037-084-000 Taxable 069-038-025-000 Taxable 069-039-005-000 Taxable 069-039-036-000 Taxable 069-037-085-000 Taxable 069-038-026-000 Taxable 069-039-006-000 Taxable 069-039-037-000 Taxable 069-037-086-000 Taxable 069-038-027-000 Taxable 069-039-007-000 Taxable 069-040-001-000 Taxable 069-037-087-000 Taxable 069-038-028-000 Taxable 069-039-008-000 Taxable 069-040-002-000 Taxable 069-037-088-000 Taxable 069-038-029-000 Taxable 069-039-009-000 Taxable 069-040-003-000 Taxable 069-037-089-000 Taxable 069-038-030-000 Taxable 069-039-010-000 Taxable 069-040-004-000 Taxable 069-038-001-000 Taxable 069-038-031-000 Taxable 069-039-011-000 Taxable 069-040-005-000 Taxable 069-038-002-000 Taxable 069-038-032-000 Taxable 069-039-012-000 Taxable 069-040-006-000 Taxable 069-038-003-000 Taxable 069-038-033-000 Taxable 069-039-013-000 Taxable 069-040-007-000 Taxable 069-038-004-000 Taxable 069-038-034-000 Taxable 069-039-014-000 Taxable 069-040-008-000 Taxable 069-038-005-000 Taxable 069-038-035-000 Taxable 069-039-015-000 Taxable 069-040-009-000 Taxable 069-038-006-000 Taxable 069-038-036-000 Taxable 069-039-016-000 Taxable 069-040-010-000 Taxable 069-038-007-000 Taxable 069-038-037-000 Taxable 069-039-017-000 Taxable 069-040-011-000 Taxable 069-038-008-000 Taxable 069-038-038-000 Taxable 069-039-018-000 Taxable 069-040-012-000 Taxable 069-038-009-000 Taxable 069-038-039-000 Taxable 069-039-019-000 Taxable 069-040-013-000 Taxable 069-038-010-000 Taxable 069-038-040-000 Taxable 069-039-020-000 Taxable 069-040-014-000 Taxable 069-038-011-000 Taxable 069-038-041-000 Taxable 069-039-021-000 Taxable 069-040-015-000 Taxable 069-038-012-000 Taxable 069-038-042-000 Taxable 069-039-022-000 Taxable 069-040-016-000 Taxable 069-038-013-000 Taxable 069-038-043-000 Taxable 069-039-023-000 Taxable 069-040-017-000 Taxable 069-038-014-000 Taxable 069-038-044-000 Taxable 069-039-024-000 Taxable 069-040-018-000 Taxable 069-038-015-000 Taxable 069-038-045-000 Taxable 069-039-025-000 Taxable 069-040-019-000 Taxable 069-038-016-000 Taxable 069-038-046-000 Taxable 069-039-026-000 Taxable 069-040-020-000 Taxable 069-038-017-000 Taxable 069-038-047-000 Taxable 069-039-027-000 Taxable 069-040-021-000 Taxable 069-038-018-000 Taxable 069-038-048-000 Taxable 069-039-029-000 Taxable 069-040-022-000 Taxable 069-038-019-000 Taxable 069-038-049-000 Taxable 069-039-030-000 Taxable 069-040-023-000 Taxable 069-038-020-000 Taxable 069-038-050-000 Taxable 069-039-031-000 Taxable 069-040-024-000 Taxable 069-038-021-000 Taxable 069-039-001-000 Taxable 069-039-032-000 Taxable 069-040-025-000 Taxable 069-038-022-000 Taxable 069-039-002-000 Taxable 069-039-033-000 Taxable 069-040-026-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-040-027-000 Taxable 069-042-014-000 Taxable 069-042-044-000 Taxable 069-043-009-000 Taxable 069-040-028-000 Taxable 069-042-015-000 Taxable 069-042-045-000 Taxable 069-043-010-000 Taxable 069-040-029-000 Taxable 069-042-016-000 Taxable 069-042-046-000 Taxable 069-043-011-000 Taxable 069-040-030-000 Taxable 069-042-017-000 Taxable 069-042-047-000 Taxable 069-043-012-000 Taxable 069-040-031-000 Taxable 069-042-018-000 Taxable 069-042-048-000 Taxable 069-043-013-000 Taxable 069-040-032-000 Taxable 069-042-019-000 Taxable 069-042-049-000 Taxable 069-043-014-000 Taxable 069-040-033-000 Taxable 069-042-020-000 Taxable 069-042-050-000 Taxable 069-043-015-000 Taxable 069-040-034-000 Taxable 069-042-021-000 Taxable 069-042-051-000 Taxable 069-043-016-000 Taxable 069-040-035-000 Taxable 069-042-022-000 Taxable 069-042-052-000 Taxable 069-043-017-000 Taxable 069-040-036-000 Taxable 069-042-023-000 Taxable 069-042-053-000 Taxable 069-043-018-000 Taxable 069-040-037-000 Taxable 069-042-024-000 Taxable 069-042-054-000 Taxable 069-043-019-000 Taxable 069-040-038-000 Taxable 069-042-025-000 Taxable 069-042-055-000 Taxable 069-043-020-000 Taxable 069-040-039-000 Taxable 069-042-026-000 Taxable 069-042-056-000 Taxable 069-043-021-000 Taxable 069-040-040-000 Taxable 069-042-027-000 Taxable 069-042-057-000 Taxable 069-043-022-000 Taxable 069-040-041-000 Taxable 069-042-028-000 Taxable 069-042-058-000 Taxable 069-043-023-000 Taxable 069-040-042-000 Taxable 069-042-029-000 Taxable 069-042-059-000 Taxable 069-043-024-000 Taxable 069-041-001-000 Taxable 069-042-030-000 Taxable 069-042-060-000 Taxable 069-043-025-000 Taxable 069-042-001-000 Taxable 069-042-031-000 Taxable 069-042-061-000 Taxable 069-043-026-000 Taxable 069-042-002-000 Taxable 069-042-032-000 Taxable 069-042-062-000 Taxable 069-043-027-000 Taxable 069-042-003-000 Taxable 069-042-033-000 Taxable 069-042-063-000 Taxable 069-043-028-000 Taxable 069-042-004-000 Taxable 069-042-034-000 Taxable 069-042-064-000 Taxable 069-043-029-000 Taxable 069-042-005-000 Taxable 069-042-035-000 Taxable 069-042-065-000 Taxable 069-043-030-000 Taxable 069-042-006-000 Taxable 069-042-036-000 Taxable 069-043-001-000 Taxable 069-043-031-000 Taxable 069-042-007-000 Taxable 069-042-037-000 Taxable 069-043-002-000 Taxable 069-043-032-000 Taxable 069-042-008-000 Taxable 069-042-038-000 Taxable 069-043-003-000 Taxable 069-043-033-000 Taxable 069-042-009-000 Taxable 069-042-039-000 Taxable 069-043-004-000 Taxable 069-043-034-000 Taxable 069-042-010-000 Taxable 069-042-040-000 Taxable 069-043-005-000 Taxable 069-043-035-000 Taxable 069-042-011-000 Taxable 069-042-041-000 Taxable 069-043-006-000 Taxable 069-043-036-000 Taxable 069-042-012-000 Taxable 069-042-042-000 Taxable 069-043-007-000 Taxable 069-043-037-000 Taxable 069-042-013-000 Taxable 069-042-043-000 Taxable 069-043-008-000 Taxable 069-043-038-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-043-039-000 Taxable 069-044-004-000 Taxable 069-044-034-000 Taxable 069-045-018-000 Taxable 069-043-040-000 Taxable 069-044-005-000 Taxable 069-044-035-000 Taxable 069-045-019-000 Taxable 069-043-041-000 Taxable 069-044-006-000 Taxable 069-044-036-000 Taxable 069-045-020-000 Taxable 069-043-042-000 Taxable 069-044-007-000 Taxable 069-044-037-000 Taxable 069-045-021-000 Taxable 069-043-043-000 Taxable 069-044-008-000 Taxable 069-044-038-000 Taxable 069-045-022-000 Taxable 069-043-044-000 Taxable 069-044-009-000 Taxable 069-044-039-000 Taxable 069-045-023-000 Taxable 069-043-045-000 Taxable 069-044-010-000 Taxable 069-044-040-000 Taxable 069-045-024-000 Taxable 069-043-046-000 Taxable 069-044-011-000 Taxable 069-044-041-000 Taxable 069-045-025-000 Taxable 069-043-047-000 Taxable 069-044-012-000 Taxable 069-044-042-000 Taxable 069-045-026-000 Taxable 069-043-048-000 Taxable 069-044-013-000 Taxable 069-044-043-000 Taxable 069-045-027-000 Taxable 069-043-049-000 Taxable 069-044-014-000 Taxable 069-044-044-000 Taxable 069-045-028-000 Taxable 069-043-050-000 Taxable 069-044-015-000 Taxable 069-044-045-000 Taxable 069-045-029-000 Taxable 069-043-051-000 Taxable 069-044-016-000 Taxable 069-044-046-000 Taxable 069-045-030-000 Taxable 069-043-052-000 Taxable 069-044-017-000 Taxable 069-045-001-000 Taxable 069-045-031-000 Taxable 069-043-053-000 Taxable 069-044-018-000 Taxable 069-045-002-000 Taxable 069-045-032-000 Taxable 069-043-054-000 Taxable 069-044-019-000 Taxable 069-045-003-000 Taxable 069-045-033-000 Taxable 069-043-055-000 Taxable 069-044-020-000 Taxable 069-045-004-000 Taxable 069-045-034-000 Taxable 069-043-056-000 Taxable 069-044-021-000 Taxable 069-045-005-000 Taxable 069-045-035-000 Taxable 069-043-057-000 Taxable 069-044-022-000 Taxable 069-045-006-000 Taxable 069-045-036-000 Taxable 069-043-058-000 Taxable 069-044-023-000 Taxable 069-045-007-000 Taxable 069-045-037-000 Taxable 069-043-059-000 Taxable 069-044-024-000 Taxable 069-045-008-000 Taxable 069-045-038-000 Taxable 069-043-060-000 Taxable 069-044-025-000 Taxable 069-045-009-000 Taxable 069-045-039-000 Taxable 069-043-061-000 Taxable 069-044-026-000 Taxable 069-045-010-000 Taxable 069-045-040-000 Taxable 069-043-062-000 Taxable 069-044-027-000 Taxable 069-045-011-000 Taxable 069-045-041-000 Taxable 069-043-063-000 Taxable 069-044-028-000 Taxable 069-045-012-000 Taxable 069-046-001-000 Taxable 069-043-064-000 Taxable 069-044-029-000 Taxable 069-045-013-000 Taxable 069-046-002-000 Taxable 069-043-065-000 Taxable 069-044-030-000 Taxable 069-045-014-000 Taxable 069-046-003-000 Taxable 069-044-001-000 Taxable 069-044-031-000 Taxable 069-045-015-000 Taxable 069-046-004-000 Taxable 069-044-002-000 Taxable 069-044-032-000 Taxable 069-045-016-000 Taxable 069-046-005-000 Taxable 069-044-003-000 Taxable 069-044-033-000 Taxable 069-045-017-000 Taxable 069-046-006-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-046-007-000 Taxable 069-046-037-000 Taxable 069-047-029-000 Taxable 069-048-009-000 Taxable 069-046-008-000 Taxable 069-046-038-000 Taxable 069-047-030-000 Taxable 069-048-010-000 Taxable 069-046-009-000 Taxable 069-047-001-000 Taxable 069-047-031-000 Taxable 069-048-011-000 Taxable 069-046-010-000 Taxable 069-047-002-000 Taxable 069-047-032-000 Taxable 069-048-012-000 Taxable 069-046-011-000 Taxable 069-047-003-000 Taxable 069-047-033-000 Taxable 069-048-013-000 Taxable 069-046-012-000 Taxable 069-047-004-000 Taxable 069-047-034-000 Taxable 069-048-014-000 Taxable 069-046-013-000 Taxable 069-047-005-000 Taxable 069-047-035-000 Taxable 069-048-015-000 Taxable 069-046-014-000 Taxable 069-047-006-000 Taxable 069-047-036-000 Taxable 069-048-016-000 Taxable 069-046-015-000 Taxable 069-047-007-000 Taxable 069-047-037-000 Taxable 069-048-017-000 Taxable 069-046-016-000 Taxable 069-047-008-000 Taxable 069-047-038-000 Taxable 069-048-018-000 Taxable 069-046-017-000 Taxable 069-047-009-000 Taxable 069-047-039-000 Taxable 069-048-019-000 Taxable 069-046-018-000 Taxable 069-047-010-000 Taxable 069-047-040-000 Taxable 069-048-020-000 Taxable 069-046-019-000 Taxable 069-047-011-000 Taxable 069-047-042-000 Taxable 069-048-021-000 Taxable 069-046-020-000 Taxable 069-047-012-000 Taxable 069-047-043-000 Taxable 069-048-022-000 Taxable 069-046-021-000 Taxable 069-047-013-000 Taxable 069-047-044-000 Taxable 069-048-023-000 Taxable 069-046-022-000 Taxable 069-047-014-000 Taxable 069-047-045-000 Taxable 069-048-024-000 Taxable 069-046-023-000 Taxable 069-047-015-000 Taxable 069-047-046-000 Taxable 069-048-025-000 Taxable 069-046-024-000 Taxable 069-047-016-000 Taxable 069-047-047-000 Taxable 069-048-026-000 Taxable 069-046-025-000 Taxable 069-047-017-000 Taxable 069-047-048-000 Exempt 069-048-027-000 Taxable 069-046-026-000 Taxable 069-047-018-000 Taxable 069-047-049-000 Exempt 069-048-028-000 Taxable 069-046-027-000 Taxable 069-047-019-000 Taxable 069-047-050-000 Taxable 069-048-029-000 Taxable 069-046-028-000 Taxable 069-047-020-000 Taxable 069-047-051-000 Taxable 069-048-030-000 Taxable 069-046-029-000 Taxable 069-047-021-000 Taxable 069-048-001-000 Taxable 069-048-031-000 Taxable 069-046-030-000 Taxable 069-047-022-000 Taxable 069-048-002-000 Taxable 069-048-032-000 Taxable 069-046-031-000 Taxable 069-047-023-000 Taxable 069-048-003-000 Taxable 069-048-033-000 Taxable 069-046-032-000 Taxable 069-047-024-000 Taxable 069-048-004-000 Taxable 069-048-034-000 Taxable 069-046-033-000 Taxable 069-047-025-000 Taxable 069-048-005-000 Taxable 069-048-035-000 Taxable 069-046-034-000 Taxable 069-047-026-000 Taxable 069-048-006-000 Taxable 069-048-036-000 Taxable 069-046-035-000 Taxable 069-047-027-000 Taxable 069-048-007-000 Taxable 069-048-037-000 Taxable 069-046-036-000 Taxable 069-047-028-000 Taxable 069-048-008-000 Taxable 069-048-038-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-048-039-000 Taxable 069-049-003-000 Exempt 069-049-033-000 Taxable 069-050-010-000 Taxable 069-048-040-000 Taxable 069-049-004-000 Taxable 069-049-034-000 Taxable 069-050-011-000 Taxable 069-048-041-000 Taxable 069-049-005-000 Taxable 069-049-035-000 Taxable 069-050-012-000 Taxable 069-048-042-000 Taxable 069-049-006-000 Taxable 069-049-036-000 Taxable 069-050-013-000 Taxable 069-048-043-000 Taxable 069-049-007-000 Taxable 069-049-037-000 Taxable 069-050-014-000 Taxable 069-048-044-000 Taxable 069-049-008-000 Taxable 069-049-038-000 Taxable 069-050-015-000 Taxable 069-048-045-000 Taxable 069-049-009-000 Taxable 069-049-039-000 Taxable 069-050-016-000 Taxable 069-048-046-000 Taxable 069-049-010-000 Taxable 069-049-040-000 Taxable 069-050-017-000 Taxable 069-048-047-000 Taxable 069-049-011-000 Taxable 069-049-041-000 Taxable 069-050-018-000 Taxable 069-048-048-000 Taxable 069-049-012-000 Taxable 069-049-042-000 Taxable 069-050-019-000 Taxable 069-048-049-000 Taxable 069-049-013-000 Taxable 069-049-043-000 Taxable 069-050-020-000 Taxable 069-048-050-000 Taxable 069-049-014-000 Taxable 069-049-044-000 Taxable 069-050-021-000 Taxable 069-048-051-000 Taxable 069-049-015-000 Taxable 069-049-045-000 Taxable 069-050-022-000 Taxable 069-048-052-000 Taxable 069-049-016-000 Taxable 069-049-046-000 Taxable 069-050-023-000 Taxable 069-048-053-000 Taxable 069-049-017-000 Taxable 069-049-047-000 Taxable 069-050-024-000 Taxable 069-048-058-000 Taxable 069-049-018-000 Taxable 069-049-048-000 Taxable 069-050-025-000 Taxable 069-048-059-000 Taxable 069-049-019-000 Taxable 069-049-049-000 Taxable 069-050-026-000 Taxable 069-048-060-000 Taxable 069-049-020-000 Taxable 069-049-050-000 Taxable 069-050-027-000 Taxable 069-048-061-000 Taxable 069-049-021-000 Taxable 069-049-051-000 Taxable 069-050-028-000 Taxable 069-048-062-000 Taxable 069-049-022-000 Taxable 069-049-052-000 Taxable 069-050-029-000 Taxable 069-048-063-000 Taxable 069-049-023-000 Taxable 069-049-053-000 Taxable 069-050-030-000 Taxable 069-048-064-000 Taxable 069-049-024-000 Taxable 069-050-001-000 Taxable 069-050-031-000 Taxable 069-048-065-000 Taxable 069-049-025-000 Taxable 069-050-002-000 Taxable 069-050-032-000 Taxable 069-048-066-000 Taxable 069-049-026-000 Taxable 069-050-003-000 Taxable 069-050-033-000 Taxable 069-048-067-000 Taxable 069-049-027-000 Taxable 069-050-004-000 Taxable 069-050-034-000 Taxable 069-048-068-000 Taxable 069-049-028-000 Taxable 069-050-005-000 Taxable 069-050-035-000 Taxable 069-048-069-000 Taxable 069-049-029-000 Taxable 069-050-006-000 Taxable 069-050-036-000 Taxable 069-048-070-000 Taxable 069-049-030-000 Taxable 069-050-007-000 Taxable 069-050-037-000 Taxable 069-048-071-000 Taxable 069-049-031-000 Taxable 069-050-008-000 Taxable 069-050-038-000 Taxable 069-049-002-000 Exempt 069-049-032-000 Taxable 069-050-009-000 Taxable 069-050-039-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-050-040-000 Taxable 069-051-024-000 Taxable 069-051-053-000 Taxable 069-052-017-000 Taxable 069-050-041-000 Taxable 069-051-025-000 Taxable 069-051-054-000 Taxable 069-052-018-000 Taxable 069-050-042-000 Taxable 069-051-026-000 Taxable 069-051-055-000 Taxable 069-052-019-000 Taxable 069-050-043-000 Taxable 069-051-027-000 Taxable 069-051-056-000 Taxable 069-052-020-000 Taxable 069-050-044-000 Taxable 069-051-028-000 Taxable 069-051-057-000 Taxable 069-052-021-000 Taxable 069-050-045-000 Taxable 069-051-029-000 Taxable 069-051-058-000 Taxable 069-052-022-000 Taxable 069-051-001-000 Taxable 069-051-030-000 Taxable 069-051-059-000 Taxable 069-052-023-000 Taxable 069-051-002-000 Taxable 069-051-031-000 Taxable 069-051-060-000 Taxable 069-052-024-000 Taxable 069-051-003-000 Taxable 069-051-032-000 Taxable 069-051-061-000 Taxable 069-052-025-000 Taxable 069-051-004-000 Taxable 069-051-033-000 Taxable 069-051-062-000 Taxable 069-052-026-000 Taxable 069-051-005-000 Taxable 069-051-034-000 Taxable 069-051-063-000 Taxable 069-052-027-000 Taxable 069-051-006-000 Taxable 069-051-035-000 Taxable 069-051-064-000 Taxable 069-052-028-000 Taxable 069-051-007-000 Taxable 069-051-036-000 Taxable 069-051-065-000 Taxable 069-052-029-000 Taxable 069-051-008-000 Taxable 069-051-037-000 Taxable 069-052-001-000 Taxable 069-052-030-000 Taxable 069-051-009-000 Taxable 069-051-038-000 Taxable 069-052-002-000 Taxable 069-052-031-000 Taxable 069-051-010-000 Taxable 069-051-039-000 Taxable 069-052-003-000 Taxable 069-052-032-000 Taxable 069-051-011-000 Taxable 069-051-040-000 Taxable 069-052-004-000 Taxable 069-052-033-000 Taxable 069-051-012-000 Taxable 069-051-041-000 Taxable 069-052-005-000 Taxable 069-052-034-000 Taxable 069-051-013-000 Taxable 069-051-042-000 Taxable 069-052-006-000 Taxable 069-052-035-000 Taxable 069-051-014-000 Taxable 069-051-043-000 Taxable 069-052-007-000 Taxable 069-052-036-000 Taxable 069-051-015-000 Taxable 069-051-044-000 Taxable 069-052-008-000 Taxable 069-052-037-000 Taxable 069-051-016-000 Taxable 069-051-045-000 Taxable 069-052-009-000 Taxable 069-052-038-000 Taxable 069-051-017-000 Taxable 069-051-046-000 Taxable 069-052-010-000 Taxable 069-052-039-000 Taxable 069-051-018-000 Taxable 069-051-047-000 Taxable 069-052-011-000 Taxable 069-052-040-000 Taxable 069-051-019-000 Taxable 069-051-048-000 Taxable 069-052-012-000 Taxable 069-052-041-000 Taxable 069-051-020-000 Taxable 069-051-049-000 Taxable 069-052-013-000 Taxable 069-052-042-000 Taxable 069-051-021-000 Taxable 069-051-050-000 Taxable 069-052-014-000 Taxable 069-052-043-000 Taxable 069-051-022-000 Taxable 069-051-051-000 Taxable 069-052-015-000 Taxable 069-052-044-000 Taxable 069-051-023-000 Taxable 069-051-052-000 Taxable 069-052-016-000 Taxable 069-052-045-000 Taxable 069-052-046-000 Taxable 069-053-019-000 Taxable 127-001-037-000 Taxable 127-055-003-000 Taxable ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
069-052-047-000 Taxable 069-053-020-000 Taxable 127-014-036-000 Taxable 127-055-004-000 Taxable 069-052-048-000 Taxable 069-053-021-000 Taxable 127-014-037-000 Taxable 127-055-005-000 Taxable 069-052-049-000 Taxable 069-053-022-000 Taxable 127-014-038-000 Taxable 127-055-006-000 Taxable 069-052-050-000 Taxable 069-053-023-000 Taxable 127-019-013-000 Taxable 127-055-007-000 Taxable 069-052-051-000 Taxable 069-053-024-000 Taxable 127-020-043-000 Taxable 127-055-008-000 Taxable 069-052-052-000 Taxable 069-053-025-000 Taxable 127-020-044-000 Taxable 127-055-009-000 Taxable 069-052-053-000 Taxable 069-053-026-000 Taxable 127-021-023-000 Exempt 127-055-010-000 Taxable 069-052-054-000 Taxable 069-053-027-000 Taxable 127-021-033-000 Taxable 127-055-011-000 Taxable 069-052-055-000 Taxable 069-053-028-000 Taxable 127-021-035-000 Taxable 127-055-012-000 Taxable 069-052-056-000 Taxable 069-053-029-000 Taxable 127-021-036-000 Taxable 127-055-013-000 Taxable 069-052-057-000 Taxable 069-053-030-000 Taxable 127-021-037-000 Taxable 127-055-014-000 Taxable 069-053-001-000 Taxable 069-053-031-000 Taxable 127-021-038-000 Taxable 127-055-015-000 Taxable 069-053-002-000 Taxable 069-053-032-000 Taxable 127-021-039-000 Taxable 127-055-016-000 Taxable 069-053-003-000 Taxable 069-053-033-000 Taxable 127-021-040-000 Taxable 127-055-017-000 Taxable 069-053-004-000 Taxable 069-053-034-000 Taxable 127-021-041-000 Taxable 127-055-018-000 Taxable 069-053-005-000 Taxable 069-053-035-000 Taxable 127-021-042-000 Taxable 127-055-019-000 Taxable 069-053-006-000 Taxable 069-053-036-000 Taxable 127-022-062-000 Taxable 127-055-020-000 Taxable 069-053-007-000 Taxable 069-053-037-000 Taxable 127-022-063-000 Taxable 127-055-021-000 Taxable 069-053-008-000 Taxable 069-053-038-000 Taxable 127-024-014-000 Taxable 127-055-022-000 Taxable 069-053-009-000 Taxable 069-053-039-000 Taxable 127-024-044-000 Taxable 127-055-023-000 Taxable 069-053-010-000 Taxable 069-053-040-000 Taxable 127-024-045-000 Taxable 127-055-024-000 Taxable 069-053-011-000 Taxable 069-053-041-000 Taxable 127-024-046-000 Taxable 127-055-026-000 Taxable 069-053-012-000 Taxable 069-053-042-000 Taxable 127-025-020-000 Taxable 127-055-027-000 Taxable 069-053-013-000 Taxable 069-053-043-000 Taxable 127-025-036-000 Taxable 127-055-028-000 Taxable 069-053-014-000 Taxable 069-053-044-000 Taxable 127-025-037-000 Taxable 127-055-029-000 Taxable 069-053-015-000 Taxable 069-053-045-000 Taxable 127-046-040-000 Taxable 127-055-030-000 Taxable 069-053-016-000 Taxable 069-053-046-000 Taxable 127-048-006-000 Exempt 127-055-031-000 Taxable 069-053-017-000 Taxable 069-053-047-000 Taxable 127-055-001-000 Taxable 127-055-032-000 Taxable 069-053-018-000 Taxable 069-053-048-000 Taxable 127-055-002-000 Taxable 127-055-033-000 Taxable 127-055-034-000 Taxable
ITEM 6

EXHIBIT A
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* CFD 1
127-055-035-000 Taxable
127-055-036-000 Taxable
127-055-037-000 Taxable
127-055-038-000 Taxable
127-055-039-000 Taxable
127-055-040-000 Taxable
127-055-041-000 Taxable
127-055-042-000 Taxable
127-055-043-000 Taxable
127-055-044-000 Taxable
127-055-045-000 Taxable
127-055-046-000 Taxable
127-055-047-000 Taxable
127-055-048-000 Taxable
127-055-049-000 Taxable
127-055-050-000 Taxable
127-055-051-000 Taxable
127-055-052-000 Exempt
127-055-053-000 Taxable
* May be exempt because it's vacant, or non-residential.

ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering Services [email protected], (209) 538-5775
SUBJECT:

Resolution No. 202 5-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 202 5/26 within the City of Ceres Community Facilities District No. 2 (Public Services)
RECOMMENDED COUNCIL ACTION:

I. BACKGROUND:

The City of Ceres has declared by previous resolutions or other proceedings its intent to levy special taxes within Community Facilities District No. 2 for police, fire, and park maintenance under the provisions of the Mello-Roos Community Facility Act of 1982. The special taxes against real property are not levied regarding property values, but rather per parcel of land within said district.

This resolution sets the new adjusted amount of the tax rate and orders its collection.

Each year the tax rate can be adjusted by the Consumer Price Index (CPI). The CPI used is titled All Urban Consumers for the San Francisco-Oakland-San Jose area based on all items. The annual value is used in the calculations, and the adjustment is not to exceed 4% in any year. The specific CPI to be used was fixed when the district was created in 2002. This 2024 calendar year annual average CPI was 2.9%, therefore the maximum tax escalation factor of 2.9% is recommended, adjusting the District 2 rate from $1,047.79 to $1,078.18.

The City of Ceres has determined and certifies the special taxes are either exempt from or in compliance with all the provisions of Proposition 218, which was passed by the voters in November 1996. The City of Ceres has further determined the special taxes are in compliance with all laws pertaining to the levy of such special taxes.

ITEM 7
II. REASONS FOR RECOMMENDATION:

Staff recommends the resolution be adopted in order to continue to offer the appropriate level of service to the districts. Once approved staff can place the rate on the FY 2025/26 tax roll.

III. FISCAL IMPACTS:

If the resolution is adopted, the City will be able to collect the assessments during the 2025/26 fiscal year.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This recommendation is consistent with the Strategic Plan Summary in accordance with “Strategies: Livable Community.”
V. POLICY ALTERNATIVES:

If the City Council does not adopt this resolution, last year’s rates will be collected on all parcels, creating a budget shortfall in the areas of police, fire, and park maintenance.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Prepare a tax listing based on the new rate for FY 202 5/26. Submit the resolution and tax listing to the Assessor of Stanislaus County so that the levy will be placed on the tax roll.

Approved by: _______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – CFD 2 Parcel List

ITEM 7

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ORDERING THE LEVY AND COLLECTION OF
SPECIAL TAXES FOR FISCAL YEAR 2025/26 WITHIN THE CITY OF CERES COMMUNITY FACILITIES DISTRICT NO. 2 (PUBLIC SERVICES)

THE CITY COUNCIL
City of Ceres

WHEREAS, the City’s Community Facilities District No. 2 (Public Services) (the “District”) was previously established in accordance with and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and

WHEREAS, the Council has declared by previous resolution or other proceedings its intent to levy special taxes within the District for certain public services, and determined said special taxes are levied and collected pursuant to the Rate and Method of Apportionment of Special Tax within the District and are not levied regarding property values; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby order the levy and collection of special taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No. 2 (Public Services).

BE IT FURTHER RESOLVED that a certified copy of this resolution will be delivered to the Auditor-Controller of the County of Stanislaus

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

______
Javier Lopez, Mayor
ATTEST:

_____
Fallon Martin, City Clerk

ITEM 7
ITEM 7
APN Billing Status* APN Billing Status* APN Billing Status* APN Billing Status* 039-019-033-000 Taxable 040-095-013-000 Taxable 040-096-019-000 Taxable 086-019-057-000 Taxable 040-094-001-000 Taxable 040-095-014-000 Taxable 040-096-020-000 Taxable 086-019-058-000 Exempt 040-094-002-000 Taxable 040-095-015-000 Taxable 040-096-021-000 Taxable 086-019-059-000 Taxable 040-094-003-000 Taxable 040-095-016-000 Taxable 040-096-022-000 Taxable 086-019-060-000 Taxable 040-094-004-000 Taxable 040-095-017-000 Taxable 040-096-023-000 Taxable 086-019-061-000 Taxable 040-094-005-000 Taxable 040-095-018-000 Taxable 040-096-024-000 Taxable 086-019-062-000 Taxable 040-094-006-000 Taxable 040-095-019-000 Taxable 040-096-025-000 Taxable 086-019-063-000 Taxable 040-094-007-000 Exempt 040-095-020-000 Taxable 040-098-001-000 Taxable 086-019-064-000 Taxable 040-094-008-000 Exempt 040-095-021-000 Taxable 040-098-002-000 Taxable 086-019-065-000 Taxable 040-094-009-000 Exempt 040-095-022-000 Taxable 040-098-003-000 Taxable 086-019-066-000 Taxable 040-094-010-000 Taxable 040-095-023-000 Taxable 040-098-004-000 Taxable 086-019-067-000 Taxable 040-094-011-000 Taxable 040-095-024-000 Taxable 040-098-005-000 Taxable 086-019-068-000 Taxable 040-094-012-000 Taxable 040-095-025-000 Taxable 040-098-006-000 Taxable 086-019-069-000 Taxable 040-094-013-000 Taxable 040-095-026-000 Taxable 040-098-007-000 Taxable 086-019-070-000 Taxable 040-094-014-000 Taxable 040-095-027-000 Taxable 040-098-008-000 Taxable 086-019-071-000 Taxable 040-094-015-000 Taxable 040-095-028-000 Taxable 040-098-009-000 Taxable 086-019-072-000 Taxable 040-094-016-000 Taxable 040-095-029-000 Taxable 040-098-010-000 Taxable 086-019-073-000 Taxable 040-094-017-000 Taxable 040-095-030-000 Taxable 040-098-011-000 Taxable 086-019-074-000 Taxable 040-094-018-000 Taxable 040-095-031-000 Taxable 040-098-012-000 Taxable 040-094-019-000 Taxable 040-095-032-000 Exempt 040-098-013-000 Taxable 040-094-020-000 Taxable 040-095-033-000 Exempt 040-098-014-000 Taxable 040-094-021-000 Taxable 040-096-001-000 Taxable 040-098-015-000 Taxable 040-094-022-000 Taxable 040-096-002-000 Taxable 040-098-016-000 Taxable 040-094-023-000 Taxable 040-096-003-000 Taxable 040-098-017-000 Taxable 040-094-024-000 Taxable 040-096-004-000 Taxable 040-098-018-000 Taxable 040-094-025-000 Taxable 040-096-005-000 Taxable 040-098-019-000 Taxable 040-094-026-000 Exempt 040-096-006-000 Taxable 040-098-020-000 Taxable 040-095-001-000 Taxable 040-096-007-000 Taxable 040-098-021-000 Taxable 040-095-002-000 Taxable 040-096-008-000 Taxable 053-047-023-000 Exempt 040-095-003-000 Taxable 040-096-009-000 Taxable 086-019-047-000 Taxable 040-095-004-000 Taxable 040-096-010-000 Taxable 086-019-048-000 Taxable 040-095-005-000 Taxable 040-096-011-000 Taxable 086-019-049-000 Taxable 040-095-006-000 Taxable 040-096-012-000 Taxable 086-019-050-000 Taxable 040-095-007-000 Taxable 040-096-013-000 Taxable 086-019-051-000 Taxable 040-095-008-000 Taxable 040-096-014-000 Taxable 086-019-052-000 Taxable 040-095-009-000 Taxable 040-096-015-000 Taxable 086-019-053-000 Taxable 040-095-010-000 Taxable 040-096-016-000 Taxable 086-019-054-000 Taxable 040-095-011-000 Taxable 040-096-017-000 Taxable 086-019-055-000 Taxable CFD 2

ATTACHMENT B
ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 14, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2025-XXX, Approving Master Service Agreements for Geotechnical Engineering and Construction Observation and Material Testing S ervices and Authorizing the City Manager to Execute the Agreements
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution approving Master Service Agreements with Kleinfelder Inc., BSK Associates, and Crawford & Associates, to provide Geotechnical and Construction Material Testing and Inspection Services on an as-needed basis.

I. BACKGROUND:

The City’s Engineering Department requires specialized Geotechnical and Construction Material Testing and Inspection Services to effectively support the Capital Improvement Program (CIP) projects. These services are critical for evaluating soil conditions, verifying material quality, and ensuring construction work complies with approved plans, specifications, and applicable standards.

Currently, the City does not have in -house resources or certified personnel to perform these specialized technical services. To address this need, the City supplements its internal capabilities by engaging qualified external firms with expertise in geotech nical engineering, construction materials testing, and field inspection services.

Pursuant to California Government Code Sections 4526 through 4529, the City must procure professional services using a Qualifications -Based Selection (QBS) process, which prioritizes demonstrated competence and professional qualifications over cost alone.

Historically, the City has utilized on -call agreements to access these services on an as - needed basis. Staff now recommends formalizing this arrangement by entering into agreements with three (3) qualified consulting firms to ensure the continued availability of ITEM 8
these essential services and to support the timely delivery of capital improvement projects.

II. REASONS FOR RECOMMENDATION:

1. Supports the City’s Capital Improvement Program Projects:

Geotechnical and material testing services are essential for confirming site conditions, evaluating subsurface characteristics, and ensuring the integrity of construction materials such as asphalt, concrete, and soils. These services are vital in maintaining project quality, safety, and compliance with technical standards.

2. Augments City Staff Capacity:

The Engineering Department does not currently have certified personnel or laboratory facilities for geotechnical and materials testing. On-call consultants provide the necessary technical support without requiring permanent staffing increases.

3. Access to Specialized Expertise and Laboratory Facilities:

Certain projects require specialized knowledge, equipment, and certified laboratories for testing services not available within the City. Engaging qualified consultants ensures access to these specialized resources.

4. Flexible and Responsive Service Delivery:

On-call contracts allow the City to promptly deploy testing and inspection services as project schedules demand, ensuring deadlines are met and construction activities can continue without unnecessary delays.

5. Cost-Effective and Efficient Procurement Process:

The on-call contract structure streamlines the procurement of professional services on an as-needed basis, reducing administrative overhead and avoiding delays associated with issuing separate contracts for individual projects.

6. Compliance with State Procurement Requirements:

Utilizing the Qualifications-Based Selection (QBS) process ensures compliance with California Government Code requirements for professional services contracts, prioritizing qualifications and expertise.

7. Enhances Project Delivery, Quality Assurance, and Public Safety:

By securing reliable and qualified geotechnical and testing consultants through formal agreements, the City can uphold high technical standards, improve project outcomes, and protect public safety by ensuring construction materials and methods meet regulatory and design specifications.

III. FISCAL IMPACTS:

The City Council appropriates funds for the Capital Improvement Program through the annual budget process. The costs associated with these Geotechnical and Construction Material Testing and Inspection Services will be funded through individual project budgets as needed.

The on-call contract approach provides an efficient means of procuring these specialized services to support timely and effective project delivery.

There is no impact to the City’s General Fund.

ITEM 8
Additionally, through adoption of the resolution, the City Manager will have the authority to execute project -specific task orders under these Master Service Agreements in amounts up to $250,000 per task order without further Council action. Task orders exceeding this threshold will be brought before the City Council for separate consideration and approval.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with Goals one (1) through four (4) of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy. 2) Livable community: Create a vibrant, safe, attractive, and walkable community that maintains a small -town feel, with parks, trails, shopping, entertainment and other desirable amenities.
3) Economic development: Proactively recruit and attract businesses to Ceres in order to add to the quality of life and enhance the fiscal base of the community. 4) Planning for the Future: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLICY ALTERNATIVES:

1. Council can choose to reject the contracts and direct staff to use a different process to hire consultants.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

There was no outreach.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City manager will execute the Master Services Agreements.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – BSK Agreement

3. Attachment C – Crawford Agreement

4. Attachment D – Kleinfelder Agreement
ITEM 8
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING MASTER SERVICE AGREEMENTS FOR GEOTECHNICAL ENGINEERING

AND CONSTRUCTION OBSERVATION AND MATERIAL TESTING SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres requires specialized Geotechnical and Construction Material Testing and Inspection Services to effectively support the Capital Improvement Program (CIP) projects; and

WHEREAS, consultants bring specialized expertise and capacity that are critical for evaluating soil conditions, verifying material quality, and ensuring construction work complies with approved plans, specifications, and applicable standards; and

WHEREAS, responses to a Request for Statements of Qualifications were received on May 2, 2025; and

WHEREAS based on the Statements of Qualifications received, Kleinfelder Inc., BSK Associates, and Crawford & Associates, will provide Geotechnical and Construction Material Testing and Inspection Services; and

WHEREAS, the City Engineer will negotiate with the consultants the scope of services of individual projects and issue task orders to the Master Services Agreement; and

WHEREAS, the City Council appropriates funds for the Capital Improvement Program through the annual budget process; and

WHEREAS, the City Manager will have the authority to execute project -specific task orders under these Master Service Agreements in amounts up to $250,000 per task order without further Council action.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve Master Service Agreements for Geotechnical Engineering and Construction Observation and Material Testing Services and authorizes the City Manager to execute the agreements.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 14th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________________
Javier Lopez, Mayor
ATTEST:

___________________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
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MASTER AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES FOR

CAPITAL PROJECTS
THIS
AGREEMENT is made this _14__ day of _ July___, 2025, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and BSK Associates, a professional consulting firm, hereinafter referred to as "CONSULTANT".

RECITALS:

A. CITY has completed a Request for Qualifications (RFQ) process to select qualified professional consulting firms to perform services for the CITY on an as needed basis for various engineering specialties.

B. CONSULTANT was one of the professional consulting firms selected by the CITY.

1. TERM
The term of this Master Agreement shall commence upon its execution by the parties and shall expire on June 30, 2027. If the Master Agreement is not extended, the terms and conditions of the Master Agreement will stay in effect until the satisfactory completion of the services as agreed to in the specific Project Agreements as further delineated herein.

2. AWARD OF PROJECTS
During the term of this Master Agreement, and any extension thereof, the CITY will from time-to-time submit a preliminary scope of services for selected projects to each of the consulting firms selected to contract with the CITY. CONSULTANT will, as requested by the City Engineer, submit a scope of services, schedule and price for the project. The City Engineer will make the final determination regarding the award of the project and CONSULTANT will, within five (5) days of the Notice of Award, execute and deliver to the CITY the Project Agreement in the form shown on ATTACHMENT 1.

3. COMPLIANCE WITH LAW
CONSULTANT shall use due professional care to provide that services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes,

ATTACHMENT B
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rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

Should the CITY discover a violation of any of the applicable ordinances, resolutions, statutes, rules or regulations referred to in this paragraph 2, the CITY shall give written notice of such violation to CONSULTANT, and CONSULTANT shall have a reasonable time to cure such violation.

Should a conflict arise between any of the various ordinances, resolutions, statutes, rules and regulations, CONSULTANT shall advise the CITY of such conflict, and the parties shall mutually agree upon a resolution of such conflicts.

For State and Federally funded projects, should a conflict arise between this agreement and the terms set forth in Exhibit 10-R, the terms in Exhibit 10-R shall prevail. For locally funded projects, this agreement shall prevail.

4. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONSULTANT shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONSULTANT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONSULTANT’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

5. FAMILIARITY WITH WORK
By executing this Master Agreement, CONSULTANT agrees that with regard to any Project Agreement, the CONSULTANT: (a) will investigate and consider the scope of services to be performed; (b) carefully consider how the services should be performed; and, (c) fully understand the facilities, difficulties, and restrictions attending performance of the services of any project for which a proposal is requested. If services involve work upon any site, CONSULTANT will investigate the site and will be fully acquainted with the conditions that exist prior to commencement of services on the project. Should the CONSULTANT discover any latent or unknown conditions which will materially affect the performance of the services on the project, CONSULTANT will immediately inform the CITY of such fact and shall not ITEM 8
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proceed except at CONSULTANT’S risk until written instructions are received from the Contract Officer.

6. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Master Agreement and any Project Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of said Agreements. Unless hereafter specified, neither party shall be responsible for the service of the other.

7. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSULTANT, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. It is expressly understood by CONSULTANT that the provisions of this section shall not apply to services specifically set forth in the Scope of Services for any Project Agreement or reasonably contemplated therein.

CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services for any Project Agreement may be more costly or time consuming than CONSULTANT anticipates and that CONSULTANT shall not be entitled to additional compensation therefore.

8. TERM OF PROJECT AGREEMENT
Any Project Agreement shall be effective upon execution by both parties and will continue in effect until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Master Agreement.

9. COMMENCEMENT OF SERVICES
CONSULTANT shall not undertake any work or incur any costs whatsoever under any Project Agreement except upon the prior receipt of a fully executed Purchase Order from the ITEM 8
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Ceres Department of Finance. Any costs incurred by CONSULTANT prior to receipt of a purchase order shall be at CONSULTANT’S expense.

10. PROJECT COMPENSATION
CONSULTANT agrees to accept the sum stated in the Project Agreement as full remuneration for performing all services and furnishing all staffing and materials for the work in accordance with Scope of Services contained in the Project Agreement. The total compensation paid to CONSULTANT for all projects awarded to CONSULTANT under this Master Agreement shall not exceed one million five-hundred thousand ($1,500,000.00) without further approval of the Ceres City Council.

For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’S actual costs for all services called for in the Scope of Services. All work to be performed shall be billed at the lower of the hourly rates provided by the CONSULTANT in their Proposal in response to the City’s RFQ or as set forth in the Project Agreement. CONSULTANT shall submit monthly invoices to CITY which include City Project Number, City Purchase Order Number, detailed tasks, hours worked, and billable rates for all work completed, and detailed receipt for any out-of-pocket costs paid by CONSULTANT in connection with work performed on the project. CONSULTANT shall be paid within thirty (30) days of receipt by the CITY of a properly prepared invoice.

11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.

12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.

13. FORCE MAJEURE
The time period(s) specified in any Project Agreement for performance of the services rendered shall be extended because of any delays due to unforeseeable causes beyond the reasonable control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine ITEM 8
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restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay.

The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’S sole remedy being extension of the Agreement pursuant to this Section.

14. OBLIGATIONS OF CONSULTANT
Throughout the term of this Master Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

CONSULTANT agrees that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the services contemplated by this Master Agreement, and any specific Project Agreement.

CONSULTANT further agrees that it will reasonably follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding any project. These reviews shall be performed by senior personnel experienced in the areas necessary to perform the reviews and capable of making appropriate recommendations for modifications, as necessary.

15. PROJECT MANAGER
CONSULTANT will assign a Project Manager, who will be the person primarily responsible for the performance of the services referred to in any Project Agreement. Said person shall not be replaced without the consent of CITY, which consent will not be unreasonably withheld.

16. CONTRACT OFFICER
The City Engineer will assign a Contract Officer for the services performed under any Project Agreement. It shall be the CONSULTANT’S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the ITEM 8
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CONSULTANT shall refer any decisions, which must be made by CITY to the Contract Officer.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of any Project Agreement.

17. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability, and reputation of CONSULTANT, its principals, and employees were a substantial inducement for the CITY to enter into this Master Agreement.

Therefore, CONSULTANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITY. In addition, neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group and/or control of CONSULTANT, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall, at CITY’s option, be void.

No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.

18. OWNERSHIP OF DOCUMENTS/TITLE TO DATA
Ownership of Documents
All electronic and hard copies of reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of CITY and CONSULTANT, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by CONSULTANT for purposes other than this contract without the express prior written consent of CITY.

Any use of the work product for other project(s) without specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT.

Further, any and all liability arising out of changes made to, or reuse of, CONSULTANT’S deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT and CITY assumes full responsibility for such changes unless CITY has ITEM 8
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given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

Title to Data
If, as a part of any Project Agreement, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of final data generated under this Agreement will be delivered to CITY upon the completion of the project, termination of services, or when requested by City.

All materials, documents, data or information obtained from CITY data files or any CITY medium furnished to CONSULTANT in the performance of any Project Agreement will at all times remain the property of CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of any Project Agreement without written consent of CITY.

19. INTEREST OF CONSULTANT
CONSULTANT warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Master Agreement, or any Project Agreement.

CONSULTANT warrants that, in performance of any Project Agreement, CONSULTANT shall not employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

20. REPORTS
CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by any Project Agreement as the Contract Officer shall require. CONSULTANT thereby acknowledges that the CITY is greatly concerned about the cost of work and services to be performed pursuant to any Project Agreement. For this reason, CONSULTANT agrees that if CONSULTANT becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated therein, CONSULTANT shall promptly notify the Contract Officer of said fact, circumstance, technique or event.

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21. RECORDS
CONSULTANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by any Project Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records.

Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

22. AMENDMENTS
Both parties to this Master Agreement understand that it may become desirable or necessary during the performance of any Project Agreement, for CITY or CONSULTANT to modify the scope of services provided for under any Project Agreement. Any material extension or change in the scope of services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until an amendment is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.

23. INDEPENDENT CONTRACTOR
All acts of CONSULTANT, his agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Master Agreement, and any Project Agreement shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and ITEM 8
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CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONSULTANT, his agents, officers and employees are and, at all times during the term of this Master Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under any Project Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in any Project Agreement and, except as expressly provided in any Project Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSULTANT in fulfillment of any Project Agreement. CONSULTANT has control over the manner and means of performing the services. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under any Project Agreement.

If in the performance of any Project Agreement any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT nor CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

As an independent contractor, CONSULTANT hereby indemnifies, defends and holds CITY harmless from any and all claims that may be made against CITY based upon any ITEM 8
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contention by any third party that an employer-employee relationship exists by reason of this Agreement.

24. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONSULTANT: Name: BSK Associates
Address: 252 W. Larch Road, Suite 252-H
Tracy, CA 95304
Attention: Carrie Rodriguez
Phone: (209) 245-0492
FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia St.

Ceres, CA 95307
Attention: Michael R. Beltran II, PE, Director of Engineering Phone: (209) 538-5775

25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “A”.

26. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
Any Project Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONSULTANT, or (2) legal dissolution of CONSULTANT, unless the CITY consents in writing to the continuation of the Project Agreement.

Termination by CITY for Default of CONSULTANT
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Should CONSULTANT default in the performance of any Project Agreement or materially breach any of his provisions, at its option CITY may terminate any Project Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. Except for a material breach of any Project Agreement resulting from the CONSULTANT’S willful destruction of CITY'S property, dishonesty or theft, the CITY will give the CONSULTANT 30 days notice to correct failure to perform required services or default in performance prior to executing a written notice of termination.

Termination by CONSULTANT for Default of CITY
Should CITY default in the performance of any Project Agreement or materially breach any of its provisions, at his/its option CONSULTANT may terminate any Project Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of any Project Agreement shall include but not be limited to any of the following: failure to pay CONSULTANT as hereafter provided, willful destruction of CONSULTANT'S property by CITY, dishonesty or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Master Agreement, effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Master Agreement for the ensuing fiscal year. In such event, CITY shall give CONSULTANT not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the payments set forth in any Project Agreement on the date due, at his option CONSULTANT may terminate any Project Agreement if the failure is not remedied within thirty (30) days after CONSULTANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONSULTANT'S Tax Status If CITY determines that CONSULTANT does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Master Agreement and any Project Agreement by giving written notice to CONSULTANT. The termination date shall be the effective date of the notice.

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Voluntary Termination
The parties may terminate any Agreement upon mutual written Agreement.

In the Event of Termination
If any Project Agreement is terminated pursuant to this Paragraph, CONSULTANT shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT’S work on the project.

Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.

If any Project Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If any Project Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSULTANT, CONSULTANT understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

27. INDEMNITY
CONSULTANT shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, to the extent caused in whole or in part by any negligent act or omission of the CONSULTANT, or any agent or employee of the CONSULTANT, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONSULTANT'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by ITEM 8
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any requirement in this Agreement for CONSULTANT to procure and maintain a policy of insurance.

28. PREVAILING WAGES/CERTIFIED PAYROLL REQUIREMENT
Should the performance of the services required by any Project Agreement involve the provision of field work, CONSULTANT is advised that compliance with California Labor Code Sections 1720 – 1781 regarding the payment of prevailing wages is required, including the obligation to comply with the provisions of Section 1776 of the Labor Code regarding payroll records. These provisions apply equally to the CONSULTANT and its subcontractors, and CONSULTANT shall require that its sub consultants and subcontractors comply with the Labor Code provisions.

29. RETENTION OF FUNDS
CONSULTANT hereby authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of any Project Agreement): (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY; and, (ii) all amounts for which CITY may be liable to third parties, by reason of CONSULTANT’S acts or omissions in performing or failing to perform CONSULTANT’S obligation under any Project Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSULTANT, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of CITY to exercise such right to deduct or to withhold shall not, however, affect the obligations of the CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided herein.

30. ENTIRE AGREEMENT
This Master Agreement, any Project Agreement, the Supplemental Agreement Provisions, and their respective exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Master Agreement and any Project Agreement which vary from any CONSULTANT'S proposal are controlling and are ITEM 8
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deemed accepted by CONSULTANT upon commencement of performance hereunder. All previous proposals, offers and communications relative to this Master Agreement and any Project Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Master Agreement and any Project Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Master Agreement and any Project Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

31. PARTIAL INVALIDITY
If any provision in this Master Agreement or any Project Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

32. WAIVER
The waiver by any party to this Master Agreement, or any Project Agreement of a breach of any provision thereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

33. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT'S charges to CITY under any Project Agreement.

CONSULTANT agrees to retain reports, records, documents, and files related to charges under any Project Agreement for a period of three (3) years following the date of final payment for CONSULTANT services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

34. GOVERNING LAW
This Master Agreement and any Project Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. The parties agree that as a condition precedent to the commencement of litigation under either the Master Agreement or any Project Agreement, they shall submit the matter to non-binding mediation administered by the American Arbitration Association under its construction industry mediation rules, unless waived by mutual stipulation of both parties. Legal ITEM 8
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actions concerning any dispute, claim, or matter arising out of or in relation to said Agreements not settled by mediation shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

35. TITLE VI ASSURANCES
Appendices A through E of the Title VI Assurances are attached herein as Exhibit “B”, and all provisions are made apart of this agreement as required by U.S. Department of Transpiration Order No.1050.2A.

36. HEADINGS NOT CONTROLLING
Headings used in this Master Agreement and any Project Agreement are for reference purposes only and shall not be considered in construing said Agreements.

37. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license, as required.

38. ATTORNEYS’ FEES
If either party to this Master Agreement and any Project Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Master Agreement or any Project Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated: ______________________, 2025 Dated: ______________________, 2025 CITY OF CERES, a municipal corporation
By________________________________
Signature
Douglas Dunford, City Manager_
Na
me and Title
B
SK Associates
By_______________________________
Signature
_________________________________
Name and Title
AP

PROVED AS TO FORM
__________________________________

CITY ATTORNEY
CO
NSULTANT’s Federal ID #
__________________________________
ATTEST:
_____________________________________
Fallon Martin, City Clerk
94-1633676
Tim Rodriguez, Chief Operating Officer
June 5, 2025
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EXHIBIT “A”

INSURANCE REQUIREMENTS FOR CONSULTANTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.

Minimum Scope of insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).

3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’S profession.

Minimum Limits of Insurance
CONSULTANT shall maintain limits no less than:

1. General Liability (Including operations, products and completed operations as applicable.):
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability
insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required
occurrence limit.

2. Automobile Liability:
$2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability:

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$2,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability:
$2,000,000 per claim and aggregate.

SPECIAL SITUATIONS/CLAIMS HANDLING PROCEDURES
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the consultant shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, clam administration and defense expenses.

Other Insurance Provision
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The Entity, its officers, officials, employees, are to be covered as insured’s as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.

2. For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees.

Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by mail has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of section 2782 of the Civil Code.

If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

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3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “pollution” shall include microbial matter including mold.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
CONSULTANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Waiver of Subrogation
CONSULTANT hereby agrees to waive subrogation, which any insurer of contractor may acquire from vendor by virtue of the payment of any loss. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the consultant, its agents, employees, independent contractors and subcontractors.

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TABLE OF CONTENTS
Page
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TICLE I INTRODUCTION ................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS .................................................................... 4 ARTICLE III STATEMENT OF WORK ................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS .......................................................................... 6 ARTICLE VI TERMINATION ................................................................................................................ 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ................................... 11 ARTICLE VIII RETENTION OF RECORD/AUDITS .............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES ..................................................................................... 12 ARTICLE X SUBCONTRACTING ........................................................................................................ 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................ 15 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ....................... 19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................... 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................. 22 ARTICLE XIX INSURANCE ................................................................................................................. 28 ARTICLE XX FUNDING REQUIREMENTS ......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS ..................................................................................................... 29 ARTICLE XXII CONTINGENT FEE ...................................................................................................... 29 ARTICLE XXIII DISPUTES .................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ............................................................................................ 30 ARTICLE XXV SAFETY .......................................................................................................................30 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR ............. 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................... 32 ARTICLE XXX EVALUATION OF CONSULTANT .............................................................................. 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ITEM 8
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TICLE XXXII TITLE VI ASSURANCES ........................................................................................... 33 ARTICLE XXXIII NOTIFICATION ........................................................................................................ 38 ARTICLE XXXIV CONTRACT ............................................................................................................. 38 ARTICLE XXXV SIGNATURES ........................................................................................................... 39 ITEM 8
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TICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

BSK ASSOCIATES
In
corporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be CARRIE RODRIGUEZ The name of the “LOCAL AGENCY” is as follows:

CITY OF CERES
Th
e Contract Administrator for LOCAL AGENCY will be MICHAEL R. BELTRAN II B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated May 2, 2025. The approved CONSULTANT’s Co
st Proposal is attached hereto Attachment 1 and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

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G. Ex
cept as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Provided in Attachment 2
B. Right of Way
Not Applicable to this Contract
C. Surveys
Not Applicable to this Contract
D. Subsurface Investigations
Provided in Attachment 2
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by ITEM 8
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NSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
Not Applicable to this Contract
H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on July 14, 20 25, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on June 30, 2027, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

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C.

In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of 10%. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF CERES
ATTN: MICHAEL R. BELTRAN II
2220 MAGNOLIA STREET, CERES, CA 95307
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $1,500,000.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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B.

LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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TICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

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Ac
cepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

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E.

Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

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C.

Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific pa
rt of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

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2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in ITEM 8
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olation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the ITEM 8
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REEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices an
d for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or ITEM 8
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her unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 ITEM 8
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R §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and
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4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties ( https://sam.gov/content/home) maintained by
the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

Al
l DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT varies by task order. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2
: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AG
REEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

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CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

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6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
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roposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. No
tify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Pr
ovide this notification before starting the affected work

3. Ma
intain records including:
• Na
me and business address of each 1 -tier subconsultant
• Na
me and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Da
te of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

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a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY ITEM 8
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ese quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work ITEM 8
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the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F:

Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than two million dollars ($2,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

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. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing ITEM 8
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usiness. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator, who may consider written or verbal information submitted by CONSULTANT.

B. If a PS&E submittal is not required, not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. If a PS&E submittal is required, not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

D. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

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C
onsultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. If PS&E is required, all information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

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RTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

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RTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to n
ondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the A
GREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all s
olicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

d. Information and Reports: CONSULTANT shall provide all information and reports required by t
he Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.

e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the n
ondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

ii. cancellation, termination or suspension of the Agreement, in whole or in part.

f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) t
hrough (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is ITEM 8
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hreatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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PPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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PPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

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RTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

BSK Associates

C
arrie Rodriguez ,Project Manager
252 W. Larch Road, Suite 252-H

Tracy, CA 95304

L
OCAL AGENCY:

City of Ceres

Michael R. Beltran II , Contract Administrator

2 220 Magnolia Street

Ceres, CA 95307

RTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

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RTICLE XXXV SIGNATURES

C
ity of Ceres BSK Associates

D
ouglas D. Dunford,
City Manager

D
ate: D
ate:

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Cost Proposal
N
ote: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 7/25/2024
For Combined Rate Fringe Benefit %

72.040% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $273.74 N/A N/A 7/1/2024 6/30/2025 $80.50 $70.52 - $88.34 $283.32 N/A N/A 7/1/2025 6/30/2026 $83.32 3.00%
$293.23 N/A N/A 7/1/2026 6/30/2027 $86.23 3.00%
$303.50 N/A N/A 7/1/2027 6/30/2028 $89.25 3.00%
$212.05 N/A N/A 7/1/2024 6/30/2025 $62.36 $50.06 - $70.68 $219.47 N/A N/A 7/1/2025 6/30/2026 $64.54 3.00%
$227.16 N/A N/A 7/1/2026 6/30/2027 $66.80 3.00%
$235.11 N/A N/A 7/1/2027 6/30/2028 $69.14 3.00%
$169.45 N/A N/A 7/1/2024 6/30/2025 $49.83 $47.59 - $51.52 $175.38 N/A N/A 7/1/2025 6/30/2026 $51.57 3.00%
$181.51 N/A N/A 7/1/2026 6/30/2027 $53.38 3.00%
$187.87 N/A N/A 7/1/2027 6/30/2028 $55.25 3.00%
$138.30 $158.63 $178.97 7/1/2024 6/30/2025 $40.67 $36.96 - $44.43 $143.14 $164.18 $185.23 7/1/2025 6/30/2026 $42.09 3.00% $148.15 $169.93 $191.71 7/1/2026 6/30/2027 $43.57 3.00% $153.33 $175.88 $198.42 7/1/2027 6/30/2028 $45.09 3.00% N
OTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Exempt
Project Professional I
Non-Exempt
Project Professional II
Salary Increase % = 3.0%
N
ame - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Principal
Exempt
Senior Professional
Exempt
General &Administrative % Field Office ICR %

0.00% 0.00%
FEE % = 10%

0.00% 0.00%
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 7

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
Participation Amount $
General &Administrative % Combined ICR %
137.093% 209.13%
OR
General &Administrative % Home Office ICR %
Attachment 1
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Cost Proposal
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Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 7/25/2024
For Combined Rate Fringe Benefit %

72.040% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $124.25 $142.52 $160.79 7/1/2024 6/30/2025 $36.54 $32.96 - $40.00 $128.60 $147.51 $166.42 7/1/2025 6/30/2026 $37.82 3.00% $133.10 $152.67 $172.25 7/1/2026 6/30/2027 $39.14 3.00% $137.76 $158.02 $178.27 7/1/2027 6/30/2028 $40.51 3.00% $101.88 $116.86 $131.84 7/1/2024 6/30/2025 $29.96 $28.29 - $31.42 $105.44 $120.95 $136.45 7/1/2025 6/30/2026 $31.01 3.00% $109.13 $125.18 $141.23 7/1/2026 6/30/2027 $32.09 3.00% $112.95 $129.56 $146.17 7/1/2027 6/30/2028 $33.22 3.00% $110.38 $126.61 $142.84 7/1/2024 6/30/2025 $32.46 $29.01 - $36.40 $114.24 $131.04 $147.84 7/1/2025 6/30/2026 $33.60 3.00% $118.24 $135.63 $153.01 7/1/2026 6/30/2027 $34.77 3.00% $122.38 $140.37 $158.37 7/1/2027 6/30/2028 $35.99 3.00% $96.10 $110.23 $124.36 7/1/2024 6/30/2025 $28.26 $26.00 - $30.52 $99.46 $114.09 $128.71 7/1/2025 6/30/2026 $29.25 3.00%
$102.94 $118.08 $133.21 7/1/2026 6/30/2027 $30.27 3.00% $106.54 $122.21 $137.88 7/1/2027 6/30/2028 $31.33 3.00% 0 .00% 0.00%
EXHIBIT 10-H2 COST PROPOSAL Page 2 of 7

0.00% 0.00%
FEE % = 10%
Project Administrator
Staff Professional II
Salary Increase % = 3.0%
N
ame - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Non-Exempt
Staff Professional I
Non-Exempt
NOTES:

2. The cost proposal format shall not be amended.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Non-Exempt
Administrative Assistant
Non-Exempt
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Cost Proposal
N
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Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 7/25/2024
For Combined Rate Fringe Benefit %

72.040% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $147.07 $168.70 $190.32 7/1/2024 6/30/2025 $43.25 $33.35 - $52.00 $152.22 $174.60 $196.98 7/1/2025 6/30/2026 $44.76 3.00% $157.55 $180.71 $203.88 7/1/2026 6/30/2027 $46.33 3.00% $163.06 $187.04 $211.01 7/1/2027 6/30/2028 $47.95 3.00% $119.44 $137.00 $154.57 7/1/2024 6/30/2025 $35.13 $27.04 - $44.00 $123.62 $141.80 $159.98 7/1/2025 6/30/2026 $36.35 3.00% $127.95 $146.76 $165.58 7/1/2026 6/30/2027 $37.63 3.00% $132.43 $151.90 $171.37 7/1/2027 6/30/2028 $38.94 3.00% $91.00 $104.38 $117.76 7/1/2024 6/30/2025 $26.76 $21.00 - $39.40 $94.18 $108.03 $121.88 7/1/2025 6/30/2026 $27.70 3.00%
$97.48 $111.81 $126.14 7/1/2026 6/30/2027 $28.67 3.00%
$100.89 $115.72 $130.56 7/1/2027 6/30/2028 $29.67 3.00% $82.26 $94.35 $106.45 7/1/2024 6/30/2025 $24.19 $23.69 - $24.68 $85.14 $97.65 $110.17 7/1/2025 6/30/2026 $25.04 3.00%
$88.12 $101.07 $114.03 7/1/2026 6/30/2027 $25.91 3.00%
$91.20 $104.61 $118.02 7/1/2027 6/30/2028 $26.82 3.00%
0 .00% 0.00%
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 7

0.00% 0.00%
FEE % = 10%
Lab Technician
Special Inspector
Salary Increase % = 3.0%
N
ame - Job Title/Classification Hourly Billing Rates Effective date of hourly rate Non-Exempt
Engineering Technician
Non-Exempt
NOTES:

2. The cost proposal format shall not be amended.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Non-Exempt
Technician / Courier
Non-Exempt
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Cost Proposal
N
ote: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No: Contact No. Date: 7/25/2024
For Combined Rate Fringe Benefit %

72.040% + =
For Home Office Rate Fringe Benefit %
0% + =
For Field Office Rate Fringe Benefit %
0% + =
Average % Hourly
hourly Increase Range for
Straight OT (1.5) OT (2.0) From To rate Classifications ONLY $206.65 $237.03 $267.42 7/1/2024 6/30/2025 $60.77 $60.77 $206.65 $237.03 $267.42 7/1/2025 6/30/2026 $60.77
$206.65 $237.03 $267.42 7/1/2026 6/30/2027 $60.77
$206.65 $237.03 $267.42 7/1/2027 6/30/2028 $60.77
$199.85 $229.23 $258.62 7/1/2024 6/30/2025 $58.77 $58.77 $199.85 $229.23 $258.62 7/1/2025 6/30/2026 $58.77
$199.85 $229.23 $258.62 7/1/2026 6/30/2027 $58.77
$199.85 $229.23 $258.62 7/1/2027 6/30/2028 $58.77
$175.33 $201.11 $226.89 7/1/2024 6/30/2025 $51.56 $51.56 $175.33 $201.11 $226.89 7/1/2025 6/30/2026 $51.56
$175.33 $201.11 $226.89 7/1/2026 6/30/2027 $51.56
$175.33 $201.11 $226.89 7/1/2027 6/30/2028 $51.56
$155.03 $177.82 $200.62 7/1/2024 6/30/2025 $45.59 $45.59 $155.03 $177.82 $200.62 7/1/2025 6/30/2026 $45.59
$155.03 $177.82 $200.62 7/1/2026 6/30/2027 $45.59
$155.03 $177.82 $200.62 7/1/2027 6/30/2028 $45.59
No further increases to
DIR determination.

No further increases to
DIR determination.

0.00% 0.00%
FEE % = 10%
EXHIBIT 10-H2 COST PROPOSAL Page 4 of 7

0.00% 0.00%
Group 1 Special Inspector - North Determination**
Salary Increase % = No further increases to DIR determination.

Name - Job Title/Classification Hourly Billing Rates Effective date of hourly rate No further increases to
DIR determination.

NOTES:

2. The cost proposal format shall not be amended.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

Non-Exempt
Group 2 Special Inspector - North Determination**
Non-Exempt
Group 3 Engineering Techncian - North Determination**
Non-Exempt
Group 4 Technician - North Determination**
Non-Exempt
Prevailing Wage
Prevailing Wage
Prevailing Wage
Prevailing Wage
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ocal Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
C
onsultant Prime Consultant Subconsultant
Project No. Contract No. Date 7/25/2024
Quantity Unit Unit Cost
$ IRS Rate
Per attached schedule
Cost +10%
Per attached schedule
S
ubconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Mileage Costs
Materials Laboratory Tests
Permit / Subconsultant Fees
Equipment / Unit Costs
-$
-$
-$
-$
-$
EXHIBIT 10-H2 COST PROPOSAL Page 6 of 7

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
BSK Associates
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) TotalDescription of Item
ITEM 8
L
ocal Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal

1. 2.

3. 4.

5. 6.

Name: Title *:

Signature: 05/23/2025
Email:

Address:

T
erms and conditions of the contract
EXHIBIT 10-H2 COST PROPOSAL Page 7 of 7
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

Generally Accepted Accounting Principles (GAAP)
Title 23 United States Code Section 112 - Letting of Contracts 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) 691 N. Laverne Avenue, Suite 101, Fresno, CA 93727
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

Geotechnical Engineering Services / Special Inspection and Materials Testing Services / Environmental Consulting Services Prime Consultant or Subconsultant Certifying:

D
ate of Certification (mm/dd/yyyy):

Chief Operating Officer
Phone Number: 209.914.7258
Tim Rodriguez
[email protected]
J
anuary 2020
ITEM 8
BSK Rate Schedule (valid through 12/31/2026)

PROFESSIONAL STAFF
Principal 314.00$
Senior Professional 276.00$
Project Professional II 259.00$
Project Professional I 221.00$
Staff Professional II 193.00$
Staff Professional I 171.00$
Project Administrator 122.00$
Administrative Assistant / Clerical 110.00$
Seismic GIS 243.00$
GIS Specialist 210.00$
Information Specialist II 198.00$
Information Specialist I 176.00$
CAD 132.00$
Litigation support

TECHNICAL STAFF
Group 1 - Special Inspector 198.00$
Group 2 - Special Inspector 188.00$
Group 3 - Engineering Technician 167.00$
Group 3 - Geotechnical Professional 204.00$
Group 3 - Environmental Professional 204.00$
Group 4 - Technician 146.00$
Ground Penetrating Radar Scanning Technician 348.00$
Core Drilling Technician 270.00$
Floor Flatness Testing Technician 232.00$
Sample Pickup / Transportation / Delivery 132.00$
Laboratory Technician 144.00$

BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Field Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 8 hours Actual time
Field Work from 6 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half base rate (1.5x) Sundays, holidays and over 12 hours Bill two times base rate (2x) Base Rate x 12.5%
Show-up time (no work performed), minimum charge Bill 2 hours Sample or cylinder pickup, minimum charge Bill 2 hours

REIMBURSABLES
Mileage - 2x2 vehicle (Portal to Portal)
Mileage - 4x4 vehicle (Portal to Portal)
Per Diem (as required) Actual Cost
Bridge Toll Cost + 10%
Parking Fees Cost + 10%
Subconsultant/Subcontractor Services, Vendors, and Expenses Cost + 10%

PERSONNEL RATES

OTHER RATES
Night Shift (Shift commencing after 2pm / before 4am)

1.5x standard rate
IRS Rate

Page 1 of 5 ends

Ceres City CouncilJuly 14, 2025

Ceres City Council
July 14, 2025