Agenda packet — Los Banos City Council, October 1, 2025

LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
OCTOBER 1, 2025 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial o asistencia de traducci6n para atender o participar en esta junta porfavorllame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta.

La Ciudad de Los Banos cumple con la fey de Estadounidenses con Discapacidades (ADA) de 1990.

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 meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.tosbanos.org.
* * * * * * * ** * * * * * * *
Cuatquier escritura o los documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfculo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org .
................................. ... , ....................................................................................................................... , ............ , ....... ,.,....................................................... ········································ Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City's website for public review. Agenda packets can be found on tOE! Gl!i.�. V¥ebsite at the following .llnk; https://losbanos.org/category/city-council/ Los Banos City Council Agenda - October 1, 2025 Page 1 of 5 1 1. CALL TO ORDER - October 1, 2025 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
__ [vacant] - District 1
Marcus Chavez - District 3
__ Michael Amabile - Mayor
Evan Sanders - District 2
Deborah Lewis - District 4

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. CONSIDERATION OF CERTIFICATION OF VOTES OF SPECIAL MUNICIPAL ELECTION, AUGUST 26, 2025.

A. City Council Resolution No. 6987 - Accepting the Certification of the Results of the Merced County Special Election Held in the City of Los Banos on August 26, 2025 as it Pertains to the Election of a Council Member for District 1 .

Recommendation: Adopt the resolution as submitted.

6. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIAL.

A. Council Member Mitzy Perez - District 1

7. ROLL CALL: (City Council Members)
__ Mitzy Perez - District 1
Marcus Chavez - District 3
__ Michael Amabile - Mayor

8. PRESENTATION.

Evan Sanders - District 2
Deborah Lewis - District 4
A. Certificate of Recognition - Employee of the Month for September 2025 - April Vieira, Crime Analyst, Police Department.

9. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.) Los Banos City Council Agenda - October 1, 2025 Page 2of 5 pgs. 1-6
pgs. 7-14
pgs. 15-16
2 10. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #253744 -#253959 in the Amount of $2,943,129.06.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 6988 - Accepting the Pacheco Park Irrigation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.

Recommendation: Adopt the resolution as submitted.

C. City Council Resolution No. 6989 - Authorizing the Interim City Manager to Execute the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Agreement and Approving a Budget Amendment to Increase Appropriations in Expenditure Account 505-435-100-725 (Airport Improvements) by $78,111 and in Revenue Account 505-000-331-010 (Federal Grant) by $70,300 for Los Banos Municipal Airport Project No. 3-06- 0140-011-2025.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6990 - Awarding the Bid for the Purchase of a New 2024 ¾ Ton Medium Duty Utility Truck and Authorize to Issue a Purchase Order in the Amount of $72,500 to Santos Ford.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6991 - Awarding the Bid for the Purchase of Two (2) New 2026 ¾ Ton Medium Duty Utility Truck and Authorize to Issue a Purchase Order in the Amount of $145,000 to Santos Ford.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6992 - Authorizing the Interim City Manager to Enter into an Agreement with Symbium for Development and Launch of an Online Solar Permitting System as Required by SB 379.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6993 - Approving Closure of Non-Essential City Offices on December 24, 2025, December 26, 2025 and January 2, 2026 and at 12:00 PM December 31, 2025 Due to the Christmas Holiday Season.

Recommendation: Adopt the resolution as submitted.

11. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6994 -APPOINTING A CITY ATTORNEY AND APPROVING AND AUTHORIZING THE

EXECUTION OF THE LOS BANOS CITY ATTORNEY EMPLOYMENT
AGREEMENT.

Recommendation: Receive staff report and adopt the resolution as submitted.

Los Banos City Council Agenda - October 1, 2025 Page 3 ofS pgs. 17-20
pgs. 21-26
pgs. 27-68
pgs. 69-74
pgs. 75-80
pgs. 81-98
pgs. 99-102
pgs. 103-122
3 12. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6995 AMENDING DIVISION 4, SALARY SCHEDULE EMPLOYEE

CLASSIFICATIONS RELATING TO SECTION A - ADMINISTRATION / CITY ATTORNEY.

Recommendation: Receive staff report and adopt the resolution as submitted.

13. CONSIDERATION OF APPROVAL OF ORDINANCE NO. 1210 - AMENDING CHAPTER 16 OF TITLE 3 OF THE LOS BANOS MUNICIPAL CODE RELATING

TO CONTRACTING FOR PUBLIC WORKS PROJECTS (UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT). (First Reading & Introduction) Recommendation: Receive staff report, waive the first reading, and introduce the ordinance as submitted.

14. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6996 - AWARDING THE CONSTRUCTION CONTRACT FOR THE WASTEWATER TREATMENT PLANT (WWTP) POND 2 LEVEE REPAIR PROJECT TO ARCHER

CIVIL CONSTRUCTION LLC AND APPROVING A BUDGET ADJUSTMENT AND BUDGET AMENDMENT.

Recommendation: Receive staff report and adopt the resolution as submitted.

15. PIONEER ROAD COMPLETE STREETS PROJECT UPDATE.

Recommendation: Receive staff report and direction from the City Council on how to proceed.

16. NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING COMMISSIONS/COMMITTEES:

A. Airport Advisory Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2027 B. Measure H Citizens' Oversight Committee - Two (2) Vacancies Two (2) Two (2) Year Terms - Expiring December 31, 2027 C. Measure P Committee - Four (4) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2028 One (1) Unexpired Term - Expiring December 31, 2027.

D. Parks & Recreation Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2027 E. Planning Commission - One (1) Vacancy
One (1) Unexpired Term in District 1 - Expiring December 31, 2028 F. Tree Commission - Three (3) Vacancies
Three (2) Two (2) Year Terms - Expiring December 31, 2027 Recommendation: Informational Item only, no action to be taken.

Los Banos City Council Agenda - October 1, 2025 Page4of5 pgs. 123-126
pgs. 127-138
pgs. 139-150
pgs. 151-156
pgs. 157-159
4 17. CITY DEPARTMENT REPORTS.

A. Community & Economic Development
B. Finance
C. Fire
D. Human Resources
E. Parks & Recreation
F. Police
G. Public Works
Recommendation: Informational item only, no action to be taken.

18. CITY MANAGER REPORT.

Recommendation: Informational item only, no action to be taken.

19. CITY COUNCIL MEMBER REPORTS.

A. Marcus Chavez - District 3
B. Deborah Lewis - District 4
C. Mitzy Perez - District 1
D. Evan Sanders - District 2
E. Michael Amabile - Mayor

20. CLOSED SESSION.

A. Public Employment; Title: City Manager & City Attorney, Pursuant to Government Code Section 54957(b).

21. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~~i Lucille L. Mallonee, ~ City Clerk Dated this 26th day of September 2025 Los Banos City Council Agenda - October 1, 2025 Page SofS 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOsBanos
At the Crossroads of California
Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: October 1, 2025
SUBJECT: Certification of Registrar of Voters of the Results of the Canvas of the August 26, 2025 Special Municipal Election Regarding the Election of a Council Member for District 1
TYPE OF REPORT: Agenda
Recommendation:

Adopt the resolution as submitted.

Discussion:

Attached please find a resolution for your review and consideration for accepting the certification of the canvas of votes from the Merced County Registrar of Voters for the Special Municipal Election held in the City of Los Banos on August 26, 2025 regarding the vacant City Council Member seat for District 1.

The Registrar of Voters Certified the election results on September 17, 2025 as follows:

Mitzy Perez:

Virry Sanchez:

Attachment:

Resolution
263 Votes
222 Votes
Merced County Statement of Vote
ITEM 5A
7 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS ACCEPTING THE CERTIFICATION OF

THE RESULTS OF THE MERCED COUNTY SPECIAL

ELECTION HELD IN THE CITY OF LOS BANOS ON
AUGUST 26, 2025 AS IT PERTAINS TO THE ELECTION
OF A CITY COUNCIL MEMBER FOR DISTRICT 1
WHEREAS, a Special Municipal Election was held and conducted in the City of Los Banos, California, on Tuesday, August 26, 2025 as required by law; and WHEREAS, said results of canvass of said Special Municipal Election were presented to the City Council of the City of Los Banos pertaining to the election of the office City Council Member for District 1; and
WHEREAS, the Notice of Election was given in time, form and manner as provided by law; that candidates were nominated to fill the vacancies as provided by law; that the election was conducted as an all-mail ballot election in accordance with state law, and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California relating to general law cities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby certify said results of said Special Municipal Election held in the City of Los Banos on Tuesday, August 26 2025 pertaining to the election of the offices of City Council Member for District 1, as attached in Exhibit A with the results as follows:

Mitzy Perez: 263 Votes
Kalid "Virry" Sanchez: 222 Votes
BE IT FURTHER RESOLVED that the City Council does declare and determine that Mitzy Perez was elected was elected as Council Member for District 1 for the partial term commencing October 1, 2025 and ending December 2028.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of October 2025, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ , and the Resolution adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
8 EXHIBIT A
Merced County Registrar of Voters
Certification of the Canvassing of the Votes in the Special Municipal Election held in the City of Los Banos on August 26, 20245
9 11
MEfiCEDA
COUNTY

STATEMENT OF VOTE
Los Banos District 1 Special Election
August 26, 2025
Melvin E. Levey
Merced County Registrar of Voters
2222 M Street
Merced, CA 95340
(209) 385-7541
elections@cou ntyofmerced .com
10 HELP AMERICA VOTE ACT OF 2002

CERTIFICATION OF ELECTIONS OFFICIAL

STATEOF CALIFORNIA

COUNTY OF MERCED
Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 ( (HA VA) 52 U.S.C. § 21083), •
I, Melvin E. Levey, Registrar of Voters for the County of Merced, State of California, hereby certify that I complied with all provisions of Chapter 2 of Division 7 of Title2 of the California Code of Regulations for the City of Los Banos District 1 Special Election held on the 2eh day of August 2025, in the County of Merced, State of California
I hereby set my hand and official seal this I Jffl day of September 2025, at the County of Merced.

Registrar of Voters
County of Merced
State of California
11 CERTIFICATION OF

COUNTY CLERKIREGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE AUGUST 26, 2025,
CITY OF Los BANOS DISTRICT 1 SPECIAL ELECTION

ST ATE OF CALIFORNIA

COUNTY OF MERCED
I, Melvin E. Levey, Registrar of Voters of County of Merced, do hereby certify that, in pursuance of the provisions of Elections Code section 153 00, et seq., I did canvass the results of the votes cast in the City of Los Banos District 1 Special Election held in said County on August 26, 2025, for the contest that was submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true, and correct.

I hereby set my hand and official seal this 1? day of September 2025, at the County of Merced.

Registrar of Voters
County of Merced
State of California
12 Statement of Vote
City of Los Banos District 1 Special Election
September 17, 2025
CITY OF LOS BANOS COUNCILMEMBER DISTRICT 1 City of
VOTE FOR 1
s: ~ 0 =i
N g -I' C 0
-< Cl) 0 0 :, :, ' )> • 5· §I_ < C. m "U z :5 <D • <D'
m ~ () ;lJ ~ -I 0 a: < < -I' ;lJ :c JJ r 0 0 m <ii 0, - m ~ g_, ~~o C/l <D N cii - C/l C/l C/l ~- 160 154 134 0 288 0 1 289
712 109 88 3 200 1 0 201
Totals 263 222 3 488 1 1 490
Custom Table Report - 09/16/2025 09:55AM

OFFICIAL RESULTS
Merced County

Page 2 of 2 ends

13 l
MEfiCEDA
COUNTY

REGISTRAR OF VOTERS
Melvin E. Levey
Registrar of Voters
2222 "M" Street
Merced, CA 95340
Main: (209) 385-7541
Fax:(209)385-7387
Toll-free: (800) 561-0619
www.mercedelections.org
August 26, 2025 Los Banos District 1 Special Election
1 % Manual Tally Report
Pursuant to Elections Code § 15360, the Merced County Registrar of Voters is required to conduct a manual tally of ballots tabulated using Central Count scanners. The 1 % Manual Tally is a public process. A public notice was published to the department's website on July 21, 2025 with details of when and where the tally would take place. The tally began on August 27, 2025 at 9:00AM. All ballots for this election were included in the manual tally. The results of the tally are included in the table below.

Vote by Mail Number of Ballots Manually Outcome of Manual Tally Tallied
VBM batch A0005-A0010 490 Balanced on first tally
14 LOs Banos
At the Crossroads of California

CERTIFICATE OF RECOGNITION
Presented to

APRIL VIEIRA
Crime Analyst - Police Department
In recognition of your outstanding peiformance
and dedicated service to tlie City of Los (Banos and for 6eing named "P,mpfoyee of tlie Jnontli "for Septem6er 2025 )fwaraeaOcto6er 1, 2025
Michael S. Amabile, Mayor
ITEM 8A
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 CK# 253744 - # 253959 10/01/2025 $2,943,129.06
Los Banos .•\r du Cros~,()Qds ,..,f (...ul~f(n nid
Check Nur Payment Date Vendor Module Payment Type Payment Amont 253744 09/12/2025 Ronny's Inc. Accounts Payable Check 93,084.39 253746 09/12/2025 Apex Annex Health Center, Inc. Accounts Payable Check 520.00 253747 09/12/2025 Daniel Amabile Accounts Payable Check 238.00 253748 09/12/2025 Jesse Castillo Accounts Payable Check 152.00 253749 09/12/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 253750 09/12/2025 Delmar Properties 99 LLC Accounts Payable Check 3,095.00 253751 09/12/2025 Imagine Way More LLC Accounts Payable Check 7,500.00 253752 09/12/2025 Phil Jacob Accounts Payable Check 300.00 253753 09/12/2025 Kent M. Kawagoe Accounts Payable Check 1,950.00 253754 09/12/2025 KD Medical Group, Inc. Accounts Payable Check 33.00 253755 09/12/2025 Liebert Cassidy Whitmore Accounts Payable Check 5,618.50 253756 09/12/2025 Lucky Plumbing & Rooter LLC Accounts Payable Check 3,975.00 253757 09/12/2025 Ramon McDonald Accounts Payable Check 300.00 253758 09/12/2025 Mid Valley Truck School, LLC Accounts Payable Check 3,200.00 253759 09/12/2025 Chetna Patel Accounts Payable Check 686.00 253760 __ .1)9/12/2025 Reliance Foundry Co. LTD Accounts eayable Check 2,157.34 253761 09/12/2025 Ronny's Inc. Accounts Payable Check 6,727.47 253763 09/12/2025 Brent Specht Accounts Payable Check 109.00 253764 09/12/2025 AAA Business Supplies Accounts Payable Check 1.00 253765 09/12/2025 Anthony Gomes Accounts Payable Check 1,226.30 253766 09/12/2025 AT&T Accounts Payable Check 31.54
253767 09/12/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 85.00 253768 09/12/2025 Boot Barn Accounts Payable Check 185.91 253769 09/12/2025 Stericycle Inc Accounts Payable Check 230.35 253770 09/12/2025 BSK Associates Accounts Payable Check 57.25 253771 09/12/2025 CDTFA California Dept. ofTax & Fee Accounts Payable Check 58.19 253772 09/12/2025 Central Valley Concrete Inc. Accounts Payable Check 647.06 253773 09/12/2025 Clark Pest Control Inc Accounts Payable Check 119.00 253774 09/12/2025 Cook's Communications Corp. Accounts Payable Check 2,749.13 253775 09/12/2025 Copy Shipping Solutions Accounts Payable Check 453.41 253776 09/12/2025 CPS Accounts Payable Check 373.88
253777 09/12/2025 CSG Consultants Inc. Accounts Payable Check 585.00 253778 09/12/2025 Dos Palos Publishing Company Accounts Payable Check 50.00 253779 09/12/2025 Fas Trak Invoice Processing Dept. Accounts Payable Check 8.00 253780 09/12/2025 Firefighter Inspiration Readiness & Education LLC Accounts Payable Check 1,400.00 253781 09/12/2025 Filipino-American Association Los Banos Accounts Payable Check 400.00 253782 09/12/2025 GoTo Communications, Inc. Accounts Payable Check 3,763.77 253783 09/12/2025 Governmentjobs.com, Inc. Accounts Payable Check 563.43 253784 09/12/2025 Halcyon Creek Inc. Accounts Payable Check 17,637.00 253785 09/12/2025 Home Depot Accounts Payable Check 8,479.60 253789 09/12/2025 lnfoSend Inc. Accounts Payable Check 10,912.44 253790 09/12/2025 JC's Pure Water & More Accounts Payable Check 90.75 253791 09/12/2025 Arnold J Jorge II Accounts Payable Check 1,972.50 253792 09/12/2025 Jorgensen & Sons Inc. Accounts Payable Check 710.88 253793 09/12/2025 Kully Supply, Inc. Accounts Payable Check 1,742.62 253794 09/12/2025 Los Banos Rental Yard Inc Accounts Payable Check 294.60 253795 09/12/2025 Life Line Screening of America Accounts Payable Check 250.00 253796 09/12/2025 Marfab Inc Accounts Payable Check 31.09 253797 09/12/2025 Martin Marietta Materials, Inc. Accounts Payable Check 631.10 ITEM 10A
17 253798 09/12/2025 McCrometer Inc. Accounts Payable Check 494.00 253799 09/12/2025 Merced County Regional Waste Management Authority Accounts Payable Check 6,298.74 253800 09/12/2025 Merced Truck & Trailer Inc Accounts Payable Check 3,077.09 253801 09/12/2025 Mid-Valley Disposal LLC Accounts Payable Check 2,290.00 253802 09/12/2025 Moody's Investors Service Inc. Accounts Payable Check 3,000.00 253803 09/12/2025 OSE Accounts Payable Check 102.14
253804 09/12/2025 O'Reilly Auto Parts Accounts Payable Check 2,072.16 253805 09/12/2025 Quality Logo Products, Inc. Accounts Payable Check 863.23 253806 09/12/2025 Razzari Dodge Chrysler Jeep Accounts Payable Check 1,154.46 253807 09/12/2025 Gabriela Rodriguez Accounts Payable Check 150.00 253808 09/12/2025 Safety-Kleen Systems, Inc. Accounts Payable Check 5,784.08 253809 09/12/2025 Save Mart Supermarkets Accounts Payable Check 143.94 253810 09/12/2025 Sherwin Williams Co Accounts Payable Check 22.15 253811 09/12/2025 Sorensens True Value Accounts Payable Check 927.15 253813 09/12/2025 TargetSolutions Learning LLC Accounts Payable Check 2,000.00 253814 09/12/2025 Terminix Processing Center Accounts Payable Check 180.00 253815 09/12/2025 Tractor Supply Credit Plan Accounts Payable Check 565.57 253816 09/12/2025 CalMatCo. Accounts Payable Check 554.88 253817 09/12/2025 Alexandria Torres Accounts Payable Check 600.00 253818 09/12/2025 USA Blue Book Accounts Payable Check 2,786.55 253819 09/12/2025 Vestis Group, Inc. Accounts Payable Check 115.68 253820 09/12/2025 Vestis Accounts Payable Check 651.83
253821 09/12/2025 West Coast Arborists, Inc. Accounts Payable Check 19,075.00 253822 09/12/2025 Westside Veterinary Service, Inc. Accounts Payable Check 352.37 253823 09/12/2025 Windecker Inc Accounts Payable Check 4,808.44 253824 09/12/2025 Young's Air Conditioning Accounts Payable Check 424.00 253825 09/12/2025 MissionSquare Accounts Payable Check 10,312.50 253839 09/19/2025 Aflac-Customer Service Accounts Payable Check 215.93 253840 09/19/2025 AFSCME District Council 57 Accounts Payable Check 2,379.91 253841 09/19/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,011.90 253842 09/19/2025 Empower Annuity Ins. Co of America Accounts Payable Check 2,967.00 253843 09/19/2025 Los Banos Fitness & Racquet Club Accounts Payable Check 155.00 253844 09/19/2025 Los Banos Police Assn Accounts Payable Check 1,015.00 253845 09/19/2025 Los Banos Police Assn. Accounts Payable Check 315.00 253846 09/19/2025 MissionSquare Accounts Payable Check 1,245.89 253847 09/19/2025 MissionSquare Accounts Payable Check 10,800.00 253848 09/19/2025 Nationwide Retirement Solutions Accounts Payable Check 4,261.49 253849 09/19/2025 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 780.98 253850 09/19/2025 State Disbursement Unit Accounts Payable Check 1,471.00 253851 09/19/2025 Apex Annex Health Center, Inc. Accounts Payable Check 480.00 253852 09/19/2025 Best Best & Krieger Accounts Payable Check 5,916.90 253853 09/19/2025 Blue shield of California Life & Health Insurance Co. Accounts Payable Check 1,033.97 253854 09/19/2025 Central Valley Cardiovascular Group Inc. Accounts Payable Check 400.00 253855 09/19/2025 Jimmy Dewitt Accounts Payable Check 76.00 253856 09/19/2025 Liebert Cassidy Whitmore Accounts Payable Check 24,064.65 253857 09/19/2025 Christy McCammond Accounts Payable Check 128.00 253858 09/19/2025 Phillip Ray Orabuena Accounts Payable Check 700.00 253859 09/19/2025 State Water Resources Control Board Accounts Payable Check 90.00 253860 09/19/2025 Anthony Terranova Accounts Payable Check 113.52 253861 09/19/2025 Jose Torres Accounts Payable Check 163.11 253862 09/19/2025 Law Offices of William A Vaughn Accounts Payable Check 37,295.85 253863 09/19/2025 Westamerica Bank - Cafeteria Plan Accounts Payable Check 107,293.33 253864 09/19/2025 Agee Construction Corporation Accounts Payable Check 718,490.76 253865 09/19/2025 Alves Management, Inc Accounts Payable Check 756.00 253866 09/19/2025 Animal Damage Management, Inc. Accounts Payable Check 285.00 253867 09/19/2025 Anthony Gomes Accounts Payable Check 200.00 253868 09/19/2025 APLPD Holdco, Inc. Accounts Payable Check 348.86 253869 09/19/2025 AT&T Mobility Accounts Payable Check 5,994.35 18 253870 09/19/2025 AT&T Accounts Payable Check 362.84 253871 09/19/2025 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 362.00 253872 09/19/2025 Boot Barn Accounts Payable Check 200.63 253873 09/19/2025 Brinks Inc. Accounts Payable Check 1,086.38 253874 09/19/2025 BSK Associates Accounts Payable Check 354.70 253875 09/19/2025 BWR Tools LLC Accounts Payable Check 19.74 253876 09/19/2025 Cal Traffic Accounts Payable Check 4,716.46 253877 09/19/2025 Cintas Corporation No.2 Accounts Payable Check 1,501.66 253878 09/19/2025 CivicPlus, LLC Accounts Payable Check 2,883.51 253879 09/19/2025 Clifton Larson Allen LLP Accounts Payable Check 20,250.00 253880 09/19/2025 Central Sanitary Supply, LLC Accounts Payable Check 1,069.56 253881 09/19/2025 CSJVRMA Accounts Payable Check 661,952.29 253882 09/19/2025 Coffee Break Service Inc. Accounts Payable Check 299.56 253883 09/19/2025 Copy Shipping Solutions Accounts Payable Check 2,894.98 253884 09/19/2025 CSG Consultants Inc. Accounts Payable Check 46,920.23 253885 09/19/2025 City of Los Banos Utility Accounts Payable Check 70,407.62 253886 09/19/2025 Central California Irrigation District Accounts Payable Check 22.12 253887 09/19/2025 D & D Pest Control Accounts Payable Check 167.00 253888 09/19/2025 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 253889 09/19/2025 Rick Andrew Diaz Accounts Payable Check 290.00 253890 09/19/2025 Dos Palos Publishing Company Accounts Payable Check 160.00 253891 09/19/2025 Double D Towing, LLC Accounts Payable Check 290.00 253892 09/19/2025 Ebix, Inc. Accounts Payable Check 998.33 253893 09/19/2025 E.M.S. Electrical Solutions, Inc. Accounts Payable Check 6,951.56 253894 09/19/2025 Federal Express Corporation Accounts Payable Check 9.13 253895 09/19/2025 Luis F. Freitas Accounts Payable Check 1,635.00 253896 09/19/2025 Galvin Preservation Associates, Inc. Accounts Payable Check 575.24 253897 09/19/2025 Halcyon Creek Inc. Accounts Payable Check 17,637.00 253898 09/19/2025 Hilmar Lumber Inc. Accounts Payable Check 661.03 253899 09/19/2025 Hoffman Electronic Systems Accounts Payable Check 41.95 253900 09/19/2025 Holt of California Accounts Payable Check 227,938.66 253901 09/19/2025 iWorQSystems Inc. Accounts Payable Check 5,000.00 253902 09/19/2025 J.J.R. Enterprises Inc. Accounts Payable Check 142.90 253903 09/19/2025 Arnold J Jorge II Accounts Payable Check 3,123.00 253904 09/19/2025 Krazan & Associates Accounts Payable Check 1,569.75 253905 09/19/2025 Los Banos Veterinary Services Accounts Payable Check 3,666.37 253906 09/19/2025 Tires to you Inc Accounts Payable Check 863.66 253907 09/19/2025 Merced Truck & Trailer Inc Accounts Payable Check 2,747.82 253908 09/19/2025 Madera Uniform & Accessories Accounts Payable Check 1,004.75 253909 09/19/2025 Municipal Maintenance Equipment, Inc. Accounts Payable Check 713.69 253910 09/19/2025 Jose Daniel Nunez Accounts Payable Check 350.00 253911 09/19/2025 O'Dell Engineering Accounts Payable Check 11,525.00 253912 09/19/2025 O'Reilly Auto Parts Accounts Payable Check 727.97 253913 09/19/2025 Fabiola Olea Accounts Payable Check 600.00 253914 09/19/2025 PG&E Company Accounts Payable Check 90.48 253915 09/19/2025 Pace Supply Corp. Accounts Payable Check 3,053.53 253916 09/19/2025 Precision Civil Engineering, Inc Accounts Payable Check 1,850.00 253917 09/19/2025 Provost and Pritchard Engineering, Inc. Accounts Payable Check 4,644.20 253918 09/19/2025 Purchase Power Inc Accounts Payable Check 400.71 253919 09/19/2025 Rolfe Construction Inc. Accounts Payable Check 484,077.82 253920 09/19/2025 Yanet Reyes Accounts Payable Check 350.00 253921 09/19/2025 San Joaquin Valley Drainage Authority Accounts Payable Check 1,685.50 253922 09/19/2025 Save Mart Supermarkets Accounts Payable Check 49.42 253923 09/19/2025 Sorensens True Value Accounts Payable Check 822.70 253924 09/19/2025 Stantec Consulting Services, Inc. Accounts Payable Check 12,775.00 253925 09/19/2025 Superior Pool Products, LLC Accounts Payable Check 7,377.37 253926 09/19/2025 Technicon Engineering Services, Inc. Accounts Payable Check 3,583.00 253927 09/19/2025 Thirkettle Corporation Accounts Payable Check 5,953.63 19 253928 09/19/2025 CalMatCo.
253929 09/19/2025 Tyler Technologies, Inc.
253930 09/19/2025 Valley Wide Cooperative
253931 09/19/2025 Vestis Group, Inc.
253932 09/19/2025 Vestis
253933 09/19/2025 Westside Water Conditioning
253934 09/19/2025 Western Valley Insurance
253935 09/19/2025 Windecker Inc
253936 09/19/2025 Young's Air Conditioning
253959 09/23/2025 City of Los Ba nos Escrow Account
Break in check sequence due to the following:

Check #253745 (Manual Void)
Check #253762 (Manual Void)
Check #253786 - #253788 (Manual Void)
Check #253812 (Manual Void)
Check #253826 - #253836 (Utility Billing)
Check #253837 - #253838 (Payroll)
Check #253937 - #253958 (Utility Billing)
Accounts Payable Check 7,380.76
Accounts Payable Check 4,906.15
Accounts Payable Check 369.64
Accounts Payable Check 1,672.61
Accounts Payable Check 476.06
Accounts Payable Check 232.00
Accounts Payable Check 81,905.92
Accounts Payable Check 21,659.96
Accounts Payable Check 134.00
Accounts Payable Check 4,354.06
Payment Type
Regular Checks 175 2,943,129.06
MaualVoids 6
Voided Checks 0
2,943,129.06
20 TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Parks and Recreation Director-/7
October 1, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Pacheco Park Irrigation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder
Recommendation:

That the City Council adopt the Resolution to:

1. Accept the Pacheco Park Irrigation Project as complete; and

2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and

3. Authorize the Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion.

Background:

Pacheco Park, located at 930 Pacheco Boulevard, is a 6-acre community park centrally located along Highway 152. The park is over 75 years old and hosts annual community events such as Mother's Day in the Park, as well as activities supporting local high school football games. The site includes the Scout Hut, Milliken Museum, Recreation Hall, and County Library.

Due to improvements at Loftin Stadium, the Los Banos Unified School District decommissioned its well serving the park. This project provided a new irrigation connection to the City's water main on 7th Street, new service lines, and a booster pump system to ensure reliable irrigation service for Pacheco Park.

ITEM 10B
21 On October 4, 2023, the City Council awarded the construction contract to Marina Landscape, Inc. in the amount of $496,055.00.

Discussion:

The major work consisted of the installation of two 8-inch water supply lines, two 3-inch water meters, and a booster pump. The improvements did not include laterals throughout the park, which would be best improved during a renovation of the park.

Six change orders were approved during the course of construction:
• Change Order 1 added $2,496.97 for chain link fencing to be 8 feet high with 1- inch fill, matching the adjacent school fence.
• Change Order 2 provided a time extension to the contract relating to electrical delays.
• Change Order 3 added $1 ,680.00 for acceleration of electrical work, allowing sidewalk work to proceed prior to the delayed panel delivery. • Change Order 4 provided a time extension to the contract relating to electrical delays.
• Change Order 5 added $16,020.16 for concrete ADA ramps. Field conditions required an additional 12-inch asphalt cut to improve transition between the asphalt patch and new curb ramps.
• Change Order 6 reduced the contract amount by $9,185.00 by eliminating hydroseeding (Bid Item 22).

The project experienced significant delays due to the one-year lead time for the Tesco Panel and the scheduling of PG&E for pole service, relocation, and final connection. During this period, temporary power was required to maintain the turf.

Additional delays occurred from the extended lead time on the large booster pump before it could be installed. Despite these challenges, the project has been successfully completed and inspected in full compliance with the approved plans and specifications.

Fiscal Impact:

The original contract award was $496,055.00. Change orders resulted in a net increase of $11 ,012.13, bringing the final contract amount to $507,067.13. The project was completed within the approved budget, with funding provided through the Park Development Fund, account 250-454-220-717.
22 Reviewed by:

Gary Brizzee, Interim City Manager
Attachments:

Resolution
Notice of Completion
23 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS ACCEPTING THE

PACHECO PARK IRRIGATION PROJECT AS

COMPLETE AND AUTHORIZING THE FILING

OF A NOTICE OF COMPLETION WITH THE

MERCED COUNTY RECORDER
WHEREAS, on October 4, 2023, the City Council of the City of Los Banos awarded a construction contract to Marina Landscape, Inc. in the amount of $496,055.00 for the Pacheco Park Irrigation Project; and WHEREAS, during the course of construction, six change orders were approved resulting in a net increase of $11,012.13, bringing the final contract amount to $507,067.13; and
WHEREAS, the Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Pacheco Park Irrigation Project as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Public Works Director/City Engineer to release the five (5) percent retention held in escrow after thirty-five (35) days from the date of filing the Notice of Completion.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of October 2025, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
24 RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:

NOTICE OF COMPLETION

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO.

CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 1st day of October, 2025, a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any, for such work of improvement was _____________ _ Marina Landscape Inc.
(Ifno contractor for work of improvement as a whole, insert "No Contractor.")

6. That the real property herein referred to is situated in the ______ C=•=·tv..-......=o=f-=L=o=s--=B=a=n=o=s __________ _ County of Merced State of California, and is described as follows:
"Pacheco Park Irrigation Project"
The major work consists of installation and improvements of perimeter fence along the proposed fence line, as well gate entrance.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: ------------------

ACKNOWLEDGMENT
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 TO:

FROM:

DATE:

LOsBanos
lh c, 1 road o dij ·n
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Acting Public Works Directo;;t7'
October 1, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorization to Execute Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Agreement and Approval of a Budget Amendment for Los Banos Municipal Airport- Project No. 3-06-0140- 011-2025
Recommendation:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute and submit the FAA AIP Grant Agreement for Los Banos Municipal Airport- Project No. 3-06-0140-011-2025 and approve a budget amendment to reflect the grant revenue and project expenditures as follows:
• Expenditure Account: 505-435-100-725 (Airport Improvements) - Increase appropriations by $78,111.00.
• Revenue Account: 505-000-331-010 (Federal Grant}- Increase appropriations by $70,300.00.

Background:

The Los Banos Municipal Airport is a general aviation facility serving local and regional users. Maintaining the runway and airfield infrastructure is critical to safety and longterm operations.

On May 12, 2025, the City submitted a grant application to the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) for the design of the rehabilitation of Runway 14/32. The FAA has offered Grant Agreement No. 3-06-0140- 011-2025 in the amount of $70,300.00, representing 90% of eligible design costs.

ITEM 10C
27 Discussion:

This grant will fund the design phase of the runway rehabilitation project. Design work is required before FM will consider awarding a construction grant for the actual runway improvements. Acceptance of this grant ensures the City can proceed with design development and positions the Airport for future FM funding opportunities.

Approval will enable the City to access the federal funds and advance this important airport project.

Fiscal Impact:

The total estimated cost of the project design is $78,111.00. Of this amount:
• FM Grant (90%): $70,300.00
• City Share (10%): $7,811.00
The City's local match will be funded through the Airport Enterprise Fund. Acceptance of this grant will require a budget amendment to increase appropriations as follows:
• Expenditure Account: 505-435-100-725 (Airport Improvements) - Increase by $78,111.00.
• Revenue Account: 505-000-331-010 (Federal Grant)- Increase by $70,300.00.

Reviewed by:

Gary Brizzee
Interim City Manager
Attachments:

Resolution
AIP Grant
Minerva Mdfeno
Finance Director
28 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING

THE CITY MANAGER TO EXECUTE THE

FEDERAL AVIATION ADMINISTRATION
(FAA) AIRPORT IMPROVEMENT PROGRAM
(AIP) GRANT AGREEMENT AND

APPROVING A BUDGET AMENDMENT FOR

LOS BANOS MUNICIPAL AIRPORT
PROJECT NO. 3-06-0140-011-2025
WHEREAS, the Los Banos Municipal Airport is a general aviation facility that provides essential aviation services to local and regional users, and maintaining its runway and airfield infrastructure is critical to ensuring safety and long-term operational reliability; and
WHEREAS, on May 12, 2025, the City submitted a grant application to the Federal Aviation Administration (FM) Airport Improvement Program (AIP) for the design of the rehabilitation of Runway; and
WHEREAS, the FM has offered Grant Agreement No. 3-06-0140-011-2025 in the amount of $70,300.00, representing 90% of the eligible design costs for the project; and
WHEREAS, acceptance of this grant funding will allow the City to proceed with the design phase of the runway rehabilitation project, which is required before the FM will consider awarding a construction grant for runway improvements; and WHEREAS, the total estimated cost of the project design is $78,111.00, with the City's local match of $7,811.00 to be funded from the Airport Enterprise Fund; and WHEREAS, a budget amendment is necessary to recognize the federal grant revenue and corresponding project expenditures, including:
• An increase in the Expenditure Account 505-435-100-725 in the amount of $78,111.00; and
• An increase in the Revenue Account 505-000-331-010 in the amount of $70,300.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:

1. Authorize the City Manager to execute and submit the Federal Aviation Administration (FM) Airport Improvement Program (AIP) Grant Agreement for Los Banos Municipal Airport- Project No. 3-06-0140-011-2025. 29 2. Approve a budget amendment to increase appropriations in Expenditure Account 505-435-100-725 (Airport Improvements) by $78,111.00 and in Revenue Account 505-000-331-010 (Federal Grant) by $70,300.00.

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
30 3-06-0140-011-2025
U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific
Region
San Francisco Airports
District Office:

California
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
Mr. Charles Bergson
Public Works Director
City of Los Banos
520 J Street
Los Banos, CA 93635
Dear Mr. Bergson:

The Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0140-011-2025 at Los Banos Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully.

You may not make any modification to the text, terms or conditions of the grant offer.

Steps You Must Take to Enter Into Agreement.

To properly enter into this agreement, you must do the following:

1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative").

2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.

3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification.

4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.

5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 22, 2025.

6. The fully executed grant will then be automatically sent to all parties as an email attachment.

Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System.

Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 1 31
3-06-0140-011-2025
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.

Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows:
► For all grants, you must submit by December 31st of each year this grant is open:

1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and

2. An SF-425 (Federal Financial Report).
► For non-construction projects, you must submit FAA Form 5100-140. Performance Report within 30 days of the end of the Federal fiscal year.
► For construction projects, you must submit FAA Form 5370-1. Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter.

Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs.

Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.

Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office.

FAA Contact Information. Barry Franklin, (925) 546-6437, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.

We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.

Sincerely,
Amy Choi
Manager
2 32
3-06-0140-011-2025
U.S. Department
of Transportation
Federal Aviation
Administration
FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP} Federal Award Offer Date
Airport/Planning Area
Airport Infrastructure Grant
Number
Unique Entity Identifier
TO: City of Los Banos
FY 2025 AIP

GRANT AGREEMENT
Part I - Offer
Los Banos Municipal Airport
3-06-0140-011-2025
HCKYHK7SRA11
(herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 12, 2025, for a grant of Federal funds for a project at or associated with the Los Banos Municipal Airport, which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Los Banos Municipal Airport (herein called the "Project") consisting of the following:

Rehabilitate Runway 14/32 - Design
which is more fully described in the Project Application.

NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C}, Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 3 33
3-06-0140-011-2025
(Public Law Number (P.L.) 115-254); the Department of Transportation Appropriations Act, 2021 ( P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); Consolidated Appropriations Act, 2025 (P.L. 119-4); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided;

THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (90) % of the allowable costs incurred accomplishing the Project as the United States share of the Project.

Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

CONDITIONS

1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $70,300.

The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$0 for planning
$70,300 for airport development or noise program implementation; and, $0 for land acquisition.

2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:

1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.

2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.C § 47142(b). b. Budget Period:

1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(l). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period except as noted in 49 U.S.C § 47142(b).

2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination
4 34
3-06-0140-011-2025
Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs:
(a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement;
(2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement;
(3) The Sponsor fails to comply with the terms and conditions ofthis agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor;
(4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (bl In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA.
(c) The Sponsor may request that the FAA terminate the agreement under this section.

3. Ineligible or Unallowable Costs. In accordance with 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute.

4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.

5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.

6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. Per 2 CFR § 5 35
3-06-0140-011-2025
200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.

7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.

8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 22, 2025, or such subsequent date as may be prescribed in writing by the FAA.

9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.
b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200.

10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.

11. System for Award Management (SAM) Registration and Unique Entity Identifier {UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/ content/ entity-registration.
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12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees.

13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.

The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation.

The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.

An informal letter amendment has the same force and effect as a formal grant amendment.

14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.

15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.

16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.

17. Build America, Buy America. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58).

18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:

1. 15 percent; or

2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.
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If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.

19. Audits for Sponsors.

PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.

20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:

1. Checking the System for Award Management (SAM.gov} exclusions to determine if the nonFederal entity is excluded or disqualified; or

2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or

3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.

21. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:

1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.

2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
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ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.

22. Trafficking in Persons.

1. Posting of contact information.
a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms.

2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipient's employees must not engage in:
i. Severe forms of trafficking in persons;
ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect;
iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts:
a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:

1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or

2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action;
c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards.
b. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant:
i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or ii. Has an employee that is determined to have violated a prohibition in paragraph(2}(a) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or 9 39
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b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.

3. Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under this award:
i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200.

4. Provisions applicable to any recipient.
a. The recipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant.
b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant.
c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity.
d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.lOS(b).

5. Definitions. For purposes of this Grant award, term:
a. "Employee" means either:
i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.
b. "Private Entity" means:
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i. Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).

23. AIP Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.

24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated October 04, 2010, is incorporated herein by reference or is submitted with the project application and made part ofthis Grant Agreement.

25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310.

26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f}(l}] and 2 CFR § 200.216.

27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports.

28. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department ofTransportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any 11 41
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amendments or updates thereto. This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law.

29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at htt ps ://www .congress. gov / bi 11/ 118t h-co ngress/ house-bi 11/3 93 5 /text.

30. Applicable Federal Anti-Discrimination Laws. The sponsor agrees:
a. that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and
b. to certify that it does not operate any programs promoting diversity, equity, and inclusion (DEi) that violate any applicable Federal anti-discrimination laws.

31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law.

32. National Airspace System Requirements
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a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System.
b. If FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including:
(1) additional conditions on the award;
(2) consistent with 49 U.S.C chapter 471,.any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 C.F.R. part 180; or (3) any other remedy legally available.
c. (In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA.
d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-904).

33. Signage Costs for Construction Projects. The Sponsor agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAAprescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025.

34. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter

SPECIAL CONDITIONS

35. Design Grant. This Grant Agreement is being issued in order to complete the design of the project.

The Sponsor understands and agrees that within two (2) years after the design is completed that the Sponsor will accept, subject to the availability of the amount of Federal funding identified in the Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in order to provide a useful and usable unit of work. The Sponsor also understands that if the FAA has provided Federal funding to complete the design for the project, and the Sponsor has not completed 13 43
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the design within four (4) years from the execution of this Grant Agreement, the FAA may suspend or terminate grants related to the design.

36. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers.

37. Duffy Plaintiff Special Term. Pursuant to the court's preliminary injunction order in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.) (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as "Plaintiff State Entities"), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance with the challenged immigration enforcement condition nor will DOT construe acceptance of funding from DOT as certification as to the challenged immigration enforcement condition.
*The challenged immigration enforcement condition:
"[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law."
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

I declare under penalty of perjury that the foregoing is true and correct. 1

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION
{Signature)
{Typed Name)
{Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 15 45
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Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.

I declare under penalty of perjury that the foregoing is true and correct. 2 Dated
City of Los Ba nos
(Name of Sponsor)
(Signature of Sponsor's Authorized Official)
By:
(Typed Name of Sponsor's Authorized Official)
Title:
{Title of Sponsor's Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 46
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of California . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department ofTransportation Appropriations Act, 2021 (P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

I declare under penalty of perjury that the foregoing is true and correct. 3 Dated at
By:
------ (Signature of ------ Sponsor's Attorney) - -
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 {False Statements) and could subject you to fines, imprisonment, or both. 17 47
A. General.

ASSURANCES

AIRPORT SPONSORS
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1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.

B. Duration and Applicability.

1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.

The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration ofthe terms, conditions, and assurances with respect to real property acquired with federal funds . Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.

2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.

The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor.

Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.

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C. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant.

Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:

FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended - 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq. 1 c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq. d. Hatch Act - 5 U.S.C. § 1501, et seq.
2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq. 1
• 2
f. National Historic Preservation Act of 1966- Section 106 - 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974-54 U.S.C. § 312501, et seq. 1 h. Native Americans Grave Repatriation Act - 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended -42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended -16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. § 4012a. 1 I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq. 1 s. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq. 1 u. Copeland Anti-kickback Act-18 U.S.C. § 874. 1
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v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq. 1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended-16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act -16 U.S.C. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended -20 U.S.C. 1681-1683 and 1685- 1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended - 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended - 42 U.S.C. § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended - 42 U.S.C. § 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions - 31 u.s.c. § 1352.

EXECUTIVE ORDERS
a. Executive Order 11990 - Protection of Wetlands
b. Executive Order 11988 - Floodplain Management
c. Executive Order 12372 - Intergovernmental Review of Federal Programs d. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1
e. Executive Order 14005 - Ensuring the Future is Made in all of America by All of America's Workers
f. Executive Order 14149 - Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151- Ending Radical and Wasteful Government DEi Programs and Preferencing
h. Executive Order 14154 - Unleashing American Energy
i. Executive Order 14168 - Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
j. Executive Order 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity Airport Sponsors Assurances Page 3 of 19
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FEDERAL REGULATIONS
a. 2 CFR Part 180 - OM B Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement).
b. 2 CFR Part 200 and 1201- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3
•
4 •
5 c. 2 CFR Part 1200- Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 - Investigative and Enforcement Procedures. e. 14 CFR Part 16 - Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 -Airport Noise Compatibility Planning. g. 28 CFR Part 35 - Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1-Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 - Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States. 1 k. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act). 1 I. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements). 1 m. 49 CFR Part 20 - New Restrictions on Lobbying.
n. 49 CFR Part 21- Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs. 1
• 2
q. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. 1
s. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 - Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).

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v. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 -Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41- Seismic Safety.

FOOTNOTES TO ASSURANCE {C){l)
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart Fare the guidelines for audits.

SPECIFIC AsSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.

2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:

It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:

It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Sponsor Fund Availability.

It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.

4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.

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b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 U.S.C. § 47107(a){16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors Airport Sponsors Assurances Page 6 of 19
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of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.

6. Consistency with Local Plans.

The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

7. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where the project may be located.

8. Consultation with Users.

In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.

9. Public Hearings.

In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.

Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

10. Metropolitan Planning Organization.

In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.

11. Pavement Preventive Maintenance-Management.

With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites.

For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.

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13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.

14. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veteran's Preference.

It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.

However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications.

It will execute the project subject to plans, specifications, and schedules approved by the Secretary.

Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.

Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.

17. Construction Inspection and Approval.

It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in Airport Sponsors Assurances Page 8 of 19
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accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

18. Planning Projects.

In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:

1. Operating the airport's aeronautical facilities whenever required;

2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions Airport Sponsors Assurances Page 9 of 19
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interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

20. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

21. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:

1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and

2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers Airport Sponsors Assurances Page 10 of 19
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which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.

Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

23. Exclusive Rights.

It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and ~uch airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.

24. Fee and Rental Structure.

It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for Airport Sponsors Assurances Page 11 of 19
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which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.

The following exceptions apply to this paragraph:

1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion ofthe public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.

26. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the Airport Sponsors Assurances Page 12 of 19
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public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

27. Use by Government Aircraft.

It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

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29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:

1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads}, including all proposed extensions and reductions of existing airport facilities;

3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and

4. all proposed and existing access points used to taxi aircraft across the airport's property boundary.
b. Subject to subsection 49 U.S.C. § 47107(x}, the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x}; or

2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:

1. eliminate such adverse effect in a manner approved by the Secretary; or

2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor.

30. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency} in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4}; creed and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.

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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities.

2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
"The (City of Los Banos), in accordance with the provisions ofTitle VI of the Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerers that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin {including limited English proficiency), creed, sex, age, or disability in consideration for an award."
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

Airport Sponsors Assurances Page 15 of 19
62 3-06-0140-011-2025

3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.

If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United Airport Sponsors Assurances Page 16 of 19
63 3-06-0140-011-2025
States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117;

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services.

If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications.

It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/ sites/faa.gov/files/aip-pfc-checklist O. pdf) for AIP projects as of May 12, 2025.

Airport Sponsors Assurances Pago 17 of 19
64 3-06-0140-011-2025

35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

37. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation ofthese programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 u.s.c. §§ 3801-3809, 3812).

38. Hangar Construction.

If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:

1. Describes the requests;

2. Provides an explanation as to why the requests could not be accommodated; and Airport Sponsors Assurances Page 18 of 19
65 3-06-0140-011-2025

3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.

40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (lOOLL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).

Airport Sponsors Assurances Page 19 of 19
66 3-06-0140-011-2025
Non--Airport Sponsors Ur,de-Haklng NoJs.e-Compatibility Progn1m Proj,ech A~WUlt\C@-$ ?..ige 1 oi 11 67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 TO:

FROM:

DATE:

LOsBanos
t tl1t ,, ,, '"' oJ 1l1/m nw
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Director
October 1, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Bid for the Purchase of a 2024 Model 3/4 Ton Medium Duty Utility Truck- Bid No. 26ST0003
Recommendation:

That the City Council adopts the Resolution to award the bid for the purchase of a 2024 Model 3/4 Ton Medium Duty Utility Truck in the amount of $72,500.00; and authorize a purchase order to be issued to Santos Ford in the amount of $72,500.00 for the purchase of a 2024 Model 3/4 Ton Medium Duty Utility Truck.

Discussion:

In connection with the 2025-2026 Fiscal Year Budget, the City Council approved the City's Capital Plan which included the purchase of a¾ ton medium duty utility truck for its fleet.

Bid documents for the purchase of a New 2024/2025 Model 3/4 Ton Medium Duty Utility Truck Bid No. 26ST0003 were released on Wednesday, August 20, 2025. A public notice was advertised on Wednesday, August 20, 2025 in the Westside Express. The bid opening occurred on Wednesday, September 10, 2025. The Public Works Department, through the office of City Clerk, received two (2) sealed bids. The following dealerships responded to the City's invitation:

Greenwood Chevrolet
Santos Ford
$70,984.64
$72,500.00
After review of the submitted bid documents, it was determined that Santos Ford was able to meet the specifications outlined in the bid package; therefore, making their bid the responsive and responsible bid. City Government Code Section 3-10.20 states that the City Council shall determine the lowest responsible bidder, and any local bidder shall be granted a preference in an amount equal to 5% of the lowest responsible bid, if that low ITEM 10D
69 bid has been submitted by a non-local bidder. If, after deduction of the 5% preference from a local bidder's bid, it is equal to or less than the lowest bid, the bid shall be awarded to the local bidder. Local preference only applies to supplies, materials and/or equipment, and will not apply to bids conducted with other public agencies nor when prohibited by State or Federal statutes or regulations to be awarded to the lowest responsible bidder, or otherwise exempted from local preferences. A total amount of such a preference granted in a single bid shall not exceed Five Thousand and No/1 OOths ($5,000.00) Dollars over a non-local bidder (§ 1, Ord. 1068, eff. February 1, 2008). Santos Ford has claimed the local business preference; therefore, staff is requesting awarding the purchase order to Santos Ford for their total bid price in the amount of $72,500.00.

This vehicle will be utilized by the Streets division of the Public Works Department. This truck will replace Unit #4310, a 2008 Flatbed Truck that no longer meets California Air Resource Board (GARB) regulations.

Fiscal Impact:

Funds have been allocated in the 2025-2026 Fiscal Year budget for this purchase within the Streets account 100-431-210-750 (Vehicles).

Reviewed by:

Gary Brizzee
Interim City Manager
Attachments:

Resolution
Public Notice
Bid Opening Sheet
Finance Director
70 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AWARDING THE
BID FOR THE PURCHASE OF A NEW 2024 ¾
TON MEDIUM DUTY UTILITY TRUCK; AND

AUTHORIZE TO ISSUE A PURCHASE ORDER
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet; and
WHEREAS, the City of Los Banos received sealed bids for the purchase of a 2024/2025 Model ¾ ton Medium Duty Utility Truck Bid No. 26ST0003 that were officially . opened on Wednesday, September 10, 2025; and
WHEREAS, it was determined that Santos Ford claimed the local business preference and provided a responsive and responsible bid of $72,500.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the bid of $72,500.00 from Santos Ford for the purchase of a 2024 Model ¾ Ton Medium Duty Utility Truck; and authorize to issue a purchase order.

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
71 INVITATION FOR SEALED BIDS

CITY OF LOS BANOS

PUBLIC WORKS DEPARTMENT
1015 F Street
Los Banos, CA 93635
(209) 827-7044
NOTICE IS HEREBY GIVEN that the LOS

BANOS PUBLIC WORKS DEPARTMENT
(herein called the 'Owner") invites and
will receive sealed bids up to the hour of
2:00 p.m. Pacific Daylight Savings Time
(PDTI on Wednesday. September 10,
~ for the purchase of One (1) New
2024/2025 Model ¾ Ton Medium Duty
Utility Truck, Bid No. 26ST0003. At said
time, sealed Bid Proposal (herein called
the "Bid") will be publicly opened and
read aloud in the City of Los Banos
Council Chambers by the office of the
City Clerk at:

Los Banos City Hall
520 M J" Street Los Banos,
California 93635
Questions regarding the Bid Documents
are to be directed to Carlos Granillo,
Public Works Operations Manager, by
email at [email protected].

Bids shall be submitted only on forms
provided in the Bid Packet. Bids shall be
in the hands of the City Clerk of the City
of Los Banos, 520 J Street. Los Banos,
California, 93635 on or before the hour of
2:00 p.m. PDT on Wednesday,
stRtember 10. 202s. No late Bids will
be accepted and will be returned
unopened. No oral, telegraphic,
electronic, facsimile, or telephone bid
submittals or modifications will be
considered. Bids received after the bid
submittal deadline will be rejected and
returned to the Bidder unopened.

The Bid Proposal forms can be obtained
from the City of Los Banos website at
wwwJosbanos.ora,
The City of Los Banos reserves the right
to reject any and/or all Bids received.

Aug. 20, 2025
WEX#25·153
72 LOs Banos ,, II I ( ,I,

BID OPENING
PURCHASE OF ONE (1) NEW 2024/2025 MODEL
¾ TON MEDIUM UTILITY TRUCK
Bid No. 26ST003
September 10, 2025 - 2:00 PM

1. Greenwood Chevrolet

2. Santos Ford
Signed:

Lucille
-£.~
L. Mallonee,
f. ~ MMC
City Clerk/Human Resources Director
~ ~x:1:tV
arlosGranillo
Public Works Operations Manager
$ 70,984.64
$ 72,500.00
Dated: September 10, 2025
73 9/24/25, 7:29 AM 20250924 _ 071631 .jpg
https://mail.google.com/mail/u/O/#inbox?projector=1 1/1 74 TO:

FROM:

DATE:

LOsBanos
t ti,
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Director
October 1 , 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Bid for the Purchase of Two (2) New 2026 Model 3/4 Ton Medium Duty Utility Trucks- Bid No. 26PK0001
Recommendation:

That the City Council adopts the Resolution to award the bid for the purchase of Two (2) New 2026 Model 3/4 Ton Medium Duty Utility Trucks in the amount of $145,000.00; and authorize a purchase order to be issued to Santos Ford in the amount of $145,000.00 for the purchase of Two (2) New 2026 Model 3/4 Ton Medium Duty Utility Trucks.

Discussion:

In connection with the 2025-2026 Fiscal Year Budget, the City Council approved the City's Capital Plan which included the purchase of a two new ¾ ton medium duty utility trucks for its fleet. Bid documents for the purchase of Two (2) New 2024/2025 Model 3/4 Ton Medium Duty Utility Trucks Bid No. 26PK0001 were released on Wednesday, August 20, 2025. A public notice was advertised on Wednesday, August 20, 2025 in the Westside Express. The bid opening occurred on Wednesday, September 10, 2025. The Public Works Department, through the office of City Clerk, received two (2) sealed bids. The following dealerships responded to the City's invitation:

Greenwood Chevrolet
Santos Ford
$141,969.28
$145,000.00
After review of the submitted bid documents, it was determined that Santos Ford was able to meet the specifications outlined in the bid package; therefore, making their bid the responsive and responsible bid. City Government Code Section 3-10.20 states that the City Council shall determine the lowest responsible bidder, and any local bidder shall be granted a preference in an amount equal to 5% of the lowest responsible bid, if that low ITEM 10E
75 bid has been submitted by a non-local bidder. If, after deduction of the 5% preference from a local bidder's bid, it is equal to or less than the lowest bid, the bid shall be awarded to the local bidder. Local preference only applies to supplies, materials and/or equipment, and will not apply to bids conducted with other public agencies nor when prohibited by State or Federal statutes or regulations to be awarded to the lowest responsible bidder, or otherwise exempted from local preferences. A total amount of such a preference granted in a single bid shall not exceed Five Thousand and No/1 00ths ($5,000.00) Dollars over a non-local bidder(§ 1, Ord. 1068, eff. February 1, 2008). Santos Ford has claimed the local business preference; therefore, staff is requesting awarding the purchase order to Santos Ford for their total bid price in the amount of $145,000.00.

These trucks will be utilized by the Parks and Recreation Department. They will replace Unit #4057, a 2004 Utility Truck with 152,000 miles and Unit #4068, a 2005 Utility Truck with 141,051 miles. Maintenance costs, local driving miles/idle time, and reliability contribute to the decision for these replacements.

Fiscal Impact:

Funds have been allocated in the 2025-2026 Fiscal Year budget for this purchase within the Park Maintenance account 100-452-100-750 (Vehicles).

Reviewed by:
0 ~
Gary Brizz1? ~
Interim City Manager
Attachments:

Resolution
Public Notice
Bid Opening Sheet
Min~
Finance Director
76 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AWARDING THE
BID FOR THE PURCHASE OF TWO (2) NEW
2026 ¾ TON MEDIUM DUTY UTILITY
TRUCKS; AND AUTHORIZE TO ISSUE A

PURCHASE ORDER
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet; and
WHEREAS, the City of Los Banos received sealed bids for the purchase of two (2) New 2024/2025 Model ¾ ton Medium Duty Utility Trucks Bid No. 26PK0001 that were officially opened on Wednesday, September 10, 2025; and WHEREAS, it was determined that Santos Ford claimed the local business preference and provided a responsive and responsible bid of $145,000.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the bid of $145,000.00 from Santos Ford for the purchase of Two (2) 2026 New Model ¾ Ton Medium Duty Utility Trucks; and authorize to issue a purchase order.

AYES:

NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
77 INVITATION FOR SEALED BIDS

CITY OF LOS BANOS

PUBLIC WORKS DEPARTMENT
1015 F Street
Los Banos, CA 93635
(209) 827-7044
NOTICE IS HEREBY GIVEN that the LOS

BANOS PUBLIC WORKS DEPARTMENT
(herein called the ·owner") invites and
will receive sealed bids up to the hour of
2:00 p.m. Pacific Daylight Savings Time
IPDn on Wednesdav. Sept,,mber 10. ~ for the purchase of Two (2) New 2024/2025 Model ¾ Ton Medium Duty
Utility Trucks, Bid No. 26STOD03. At said
time, sealed Bid Proposal (herein called
the "Bid"} will be publicly opened and
read aloud in the City of Los Banos
Council Chambers by the office of the
City Clerk at:

Los Banos City Hall
520 • J" Street Los Banos,
California 93635
Questions regarding the Bid Documents
are to be directed to Carlos Granillo,
Public Works Operations Manager, by
email at [email protected].

Bids shall be submitted only on forms
provided in the Bid Packet. Bids shall be
in the hands of the City Clerk of the City
of Los Banos, 520 J Street, Los Banos,
California, 93635 on or before the hour of
2:00 p.m. PDT on Wednesday.

Septcmhtr Jo. 2025. No late Bids will
be accepted and will be returned
unopened. No oral, telegraphic,
electronic, facsimile, or telephone bid
submittals or modifications will be
considered. Bids received after the bid
submittal deadline will be rejected and
returned to the Bidder unopened.

The Bid Proposal forms can be obtained
from the City of Los Banos website at
wwwJosbanos,oro,
The City of Los Banos reserves the right
to reject any and/or all Bids received.

Aug. 20, 2025
WEX#25-154
78 t OsBanos

BID OPENING
PURCHASE OF TWO (2) NEW 2024/2025 MODEL
'/4 TON MEDIUM UTILITY TRUCK
Bid No. 26PK0001
September 10, 2025 - 2:00 PM
1 . Greenwood Chevrolet

2. Santos Ford
Signed: ~~.~/JJ.." ee
Lucille L. Mallonee, MMC
City ClerkJHuman Resources Director
arlos Granillo
Public Works Operations Manager
$ 141,969.28
$ 145,000.00
Dated: September 10, 2025
79 9/24/25, 7:29 AM 20250924 _ 071631 .jpg
https://mail.google .com/mail/u/0/#inbox?projector= 1 1/1 80 TO:

FROM:

DATE:

LOsBanos
t tire ,o, ,oml 01 e1l•f 111 1
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Director r~ Paul Tualla, Fire Chief J-0
October 1, 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Contract for Online Permitting for Solar as required by SB 379 Recommendation:

City Council consider approving a Resolution authorizing the Interim City Manager to sign an agreement with Symbium, and request staff to move forward with implementing the online solar permitting system for the City of Los Banos.

Background:

In fall 2022, the State adopted SB 379, which requires all cities with a population over 5,000 located in a county with a population over 150,000 to implement an online, automated permitting system for solar permits (Attachment 3). To support implementation, the California Energy Commission (CEC) created the California Automated Permit Processing Program (CalAPP), which provides grant funding to assist cities in establishing these systems.

In fall 2024, the City of Los Banos applied for and was awarded $40,000 in CalAPP funding to develop its online solar permitting platform. The CalAPP Grant will be used to develop an online system in compliance with SB 379.

As part of the CalAPP application process, cities were required to indicate whether they would use SolarAPP+-a program funded by the U.S. Department of Energy's Solar 1 ITEM 10F
81 Energy Technologies Office (SETO)-or pursue an alternative platform. Based on the experience and recommendation of the City's Building Official, the City applied for funding under the category of "platforms other than SolarAPP+." Staff subsequently explored an alternative option with Symbium, the only other company identified on the CEC's CalAPP program materials.

Acceptance of the CalAPP grant funding will be presented to the City Council at a future date, along with a Standard Agreement from the CEC.

Discussion:

Following demonstrations and discussions, staff determined that Symbium is well positioned to provide a timely and functional solution for the City's online solar permitting needs. Symbium estimates that the system could be operational within 2-3 weeks of executing the agreement.

Although the total cost of the work is covered by CalAPP funding, the City's purchasing policies require City Council authorization for the City Manager to execute the agreement.

Agreement Specifics
The attached licensing agreement with Symbium (Attachment 2) outlines the terms and compensation. The City will not be responsible for any licensing or renewal fees after development of the interface. Instead, Symbium's compensation for ongoing services following initial customization, integration, and training will be funded through a service fee paid by applicants. The processing fees will be discounted to $25 per application through the end of the calendar year, and then will return to the normal rate of $50 per application, collected directly from applicants by Symbium at point of application.

Symbium will only process its own service fees; applicants will be provided with a separate payment link to submit the City permit fee directly to the City prior to issuance of a Solar Permit. Commercial solar companies are expected to be the primary users of this system.

Of the total $40,000 CalAPP grant, $30,000 will be allocated to establish the online system needed to meet the requirements of SB 379 compliance. The remaining $10,000 will support City staff training and administration of the new system.

The agreement contains a caveat that if for any reason the City is not reimbursed by CalAPP that Symbium would not require the City to make the $30,000 payment that is listed in the agreement. This eliminates risk to the City.

Either party may terminate for uncured breach within 15 days of notice; the City may terminate within 30 days of any Symbium fee increase.

The agreement has been reviewed by the City Attorney as to form. 2 82
Fiscal Impact:

There is no fiscal impact to the City. All project costs are covered by the $40,000 CalAPP grant. Grant activities may be reimbursed by the California Energy Commission until May 1, 2027. Additionally, the agreement expressly releases the City from any financial obligation should CalAPP not reimburse Symbium's work.

Pursuant to Los Banos Municipal Code Section 3-10.230(c), this procurement qualifies as a sole source acquisition. Symbium is the only provider offering a public-facing permitting platform with proprietary technology that enables instant compliance checks and accelerated permit issuance at no cost to the City. The City Attorney has reviewed and approved this sole source procurement.

Reviewed by:

Minervai-1oreno, Finance Director
Attachments:

1. Resolution

2. Symbium Agreement

3. SB 379 Information from CEC
3 83
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE

INTERIM CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH SYMBIUM FOR

DEVELOPMENT AND LAUNCH OF AN ONLINE

SOLAR PERMITTING SYSTEM AS REQUIRED BY
SB 379
WHEREAS, all cities are required by SB 379 to develop interfaces that allow for solar permit applications to be completed online by fall 2024; and WHEREAS, the City of Los Banos applied for and received a grant from CalAPP for $40,000 for development, implementation and related activities related to this requirement; and
WHEREAS, Symbium is a company both recognized on the California Energy Commission and is recognized within the category of funding that the City applied for; and
WHEREAS, the work proposed in the Symbium Licensing Agreement is to be fully funded by the CalAPP grant; and
WHEREAS, the Symbium Licensing Agreement contains a caveat that the City will pay none of the $30,000 fee for the proposed work if the CalAPP grant program does not fund that work for any reason, or if funds are no longer available; and WHEREAS, the program and services proposed by Symbium are expected to meet the requirements of the City for SB 379 in an agreeable manner and timeframe, without any additional ongoing costs to the City;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Interim City Manager to execute an agreement with Symbium, and to sign the company's Master Licensing Agreement on behalf of the City.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of October 2025, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:
1 84
APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 85

SYMBIUM MASTER LICENSING AGREEMENT
This Master Licensing Agreement (the "Agreement") is by and between Symbium Corp., with business offices located at 912 Cole St., #375 San Francisco, CA 94117, ("Symbium"), and the City of Los Banos, with business offices located at 520 J Street, #5, Los Banos, CA 93635 (the "Licensee"). This Agreement shall be effective on the last signature date provided on the signature block hereto ("Effective Date"). Each of Symbium and Licensee is a "Party" and together they are the "Parties".

WHEREAS, Symbium has developed and maintains a range of cloud-based software-as-a-service ("SaaS") solutions to streamline certain planning, zoning, building, permitting, or other government-facing and constituent-facing processes.

Symbium provides Services under the trade names identified in an applicable Order and as described on Symbium's Site.

WHEREAS, Symbium agrees to provide Services to Licensee pursuant to the terms and conditions of this Agreement.

NOW, THEREFORE, the Parties hereto, for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and intending to be legally bound, hereby agree as follows:

1. DEFINITIONS
In addition to the capitalized terms defined throughout this Agreement, the following terms when used herein shall have the respective meanings assigned to them below:

1.1. "Affiliate", with respect to either Party, shall mean any entity, including and without limitation, any individual, corporation, company, partnership, limited liability company, or group, that directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. Any references to Licensee herein shall also include reference to Licensee Affiliates.

1.2. "API" shall mean application programming interface, which shall enable Symbium to either read from and/or write into a third-party application.

1.3. "End-User" shall mean any individual who is authorized to use the Services.

1.4. "Licensee Data" shall mean any data, excluding Symbium Data, that is collected, used, maintained, processed, stored, or generated exclusively by or on behalf of Licensee.

1.5. "Licensee Services" shall mean Licensee's open data services, GIS services, and APis with which the Solutions communicate in order to correctly perform the intended functionality.

1.6. "Order" shall mean either: (i) any specific sales quotations or orders as agreed to in writing and signed by the Parties from time to time; or (ii) as set forth in the applicable Symbium payment summary screen. Each Order is hereby incorporated by reference into this Agreement as Exhibit "A" and shall be numbered sequentially as Exhibit A-1; A-2; A3 and so on. If there are any inconsistencies or conflicts between this Agreement and an Order, the inconsistent or conflicting terms of the Order shall govern.

1. 7. "Professional Services" shall mean any live support, consulting, training, or development services or other services as specifically described and priced in the applicable Order.

1.8. "Service Description" shall mean any description of Symbium's Services that are advertised on Symbium's Site or in the applicable Order, Symbium's knowledge base, applicable operator and user manuals or guides, designs, technical reference manuals, flow diagrams, file descriptions, Service descriptions found on the Symbium site, and any other written materials pertaining to the use of the Solutions.

1.9. "Services" shall mean the Solutions and the Site, which are provided to Licensee by Symbium pursuant to the terms of this Agreement.

1. 10. "Site" shall mean the Symbium website, located at www.symbium.com.

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86 1.11. "Solutions" shall mean the cloud-based SaaS web applications, which are identified in the applicable Order, along with all associated updates.

1.12. "Solution Updates" shall mean any Solution-specific version updates that are deployed to ensure the functionality of the Solutions in accordance with the Services Descriptions. Solution Updates shall exclude additional or new Solutions, even if such additional or new Solutions contain similar functionality as other Solutions.

1. 13. "Support" shall mean the email support services provided by Symbium to Licensee during the Term.

1.14. "Symbium Data" shall mean any electronic data and publicly accessible or available data and shall include all computable laws and regulations that are embedded in the Solutions but shall exclude Licensee Data.

1.15. "Symbium Integrations" shall mean any additional Saas solutions that Symbium develops and deploys, which may be integrated into or linked from the Solutions.

1.16. "Third-Party Services" shall mean any third-party products or services, including but not limited to, software or materials incorporated into or provided as part of the Solutions or software that Symbium integrates into via an available APL

1.17. "Transaction Services" shall mean the public-facing permit or application submission Services offered by Symbium.

2. SERVICES

2.1. Orders. Symbium shall provide the Services in accordance with the applicable Order.

2.2. Changes. No change to the Order shall be implemented unless it has been approved in writing signed by an authorized representative of each Party (each, a "Change Order Amendment"). Upon Licensee's and Symbium's execution of the Change Order Amendment, the Change Order Amendment shall be incorporated into and become part of the applicable Order.

3. LICENSE

3.1. License Grant. Subject to the terms and conditions of this Agreement, Symbium hereby grants Licensee a nonexclusive, nontransferable, worldwide license ("License") during the Term to access and use the Solutions. Symbium reserves all rights not expressly granted to Licensee. The License granted to Licensee pursuant to this Agreement will permit use of the Solutions that are set forth in the Order. Any Licensee Affiliate may also add additional Services under this Agreement via a new Order. LICENSEE SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY LICENSEE AFFILIATE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.

3.2. Usage Restrictions. Except as permitted by this Agreement, the Solutions may not be decompiled, reverse engineered, disassembled, transferred, distributed in an unauthorized manner, resold, sublicensed, or used to create any derivative works. Licensees may not use any software (including network monitoring or discovery software) to determine the Site's or Service's architecture, or extract information about usage or individual identities of users. Licensee may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Services or any parts thereof. Except as expressly permitted in this Agreement, Licensee may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) "frame" or "mirror" any Solutions on any other server or wireless or Internet-based device. Licensee may use the Solutions only for its intended purposes and shall not: (i) send spam or otherwise excessive, duplicative, or unsolicited messages; (ii) send, store, or transmit any infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or its related systems or networks; or (vi) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit.

3.3. Third-Partv Services. In the event that Symbium agrees to certain integrations to Third-Party Services, Licensee shall secure the necessary permissions, when applicable, for Symbium to perform its mutually agreed-upon tasks.

Symbium is not responsible for any modification, loss, usage, disclosure, transmission, or deletion of any Licensee Data resulting from its access to a Third-Party Service or any outputs generated by the Solutions for uploading into Third-Party

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87 Services. Licensee shall be responsible for all third-party costs resulting from its requested integrations with any ThirdParty Service. In the event that Licensee wishes to use a Symbium-developed API, Symbium cannot warrant or guarantee that a Third-Party Service will continue to make access available to Symbium via such APL

4. PROFESSIONAL SERVICES

4.1. Professional Services. As mutually agreed by the Parties, and in conjunction with the Services, Symbium may perform certain Professional Services, which may include certain implementation, training, or other expert services.

Such Professional Services shall be provided for a separate fee, which will be specified in an applicable Order in accordance with the terms and conditions of this Agreement. Such Professional Services shall be provided in a manner that is consistent with applicable industry standards, and if such standards are not met (with a reasonable opportunity to cure following written notice from Licensee), Licensee's sole remedy shall be the re-performance of such Professional Services.

5. SUPPORT

5.1 Support. Symbium will provide Support during the Term of this Agreement as set forth in the Order. Any Support requests should be directed to the following: [email protected].

6. LICENSEE OBLIGATIONS FOR CONFIGURED OR IMPLEMENTED SERVICES Where Symbium is configuring or implementing Services for Licensee, the following shall apply:

6.1. Designation of Licensee Project Manager. Licensee shall designate a project manager who shall be accessible by email throughout the Term of the Agreement and shall provide reasonably prompt responses to Symbium's requests and communications.

6.2. Testing Period and Feedback. Licensee will be provided with an opportunity to provide feedback and request functional changes to the Solutions prior to public launch. Symbium shall also perfmm any requested bug fixes during this period and on an ongoing basis.

6.3. Hosting Link to Solutions. Upon the public launch of any public-facing Solutions that are configured or implemented for Licensee, Licensee shall place a prominent link and dedicated landing page to such Solutions on its public-facing website at the location where End-Users would normally visit for information on related services. This link and landing page shall be maintained by Licensee during the Term of the Agreement with support from Symbium.

6.4. Notification of Changes. Where Solutions are configured using laws or regulations provided by Licensee, Licensee shall cooperate with Symbium to help identify the publicly accessible online publications of those regulations and Symbium shall then establish a protocol to ensure timely notifications of changes to the regulations underlying the applicable Solutions and the data provided by the applicable Third-Party Services. In the absence of publicly accessible regulations that are published on line, Licensee shall notify Symbium in writing ( email is sufficient) of such changes.

7. PROPRIETARY RIGHTS

7.1. Symbium Properties. The Services and any underlying platform technology ("Symbium IP") are owned or licensed by Symbium and protected by U.S. and international copyright, trademark, service mark, trade secret, patent and/or other proprietary rights and laws. All Solutions shall be hosted on Symbium's designated servers at all times and Symbium will retain control over all user experience or user interface design of Solutions. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to Licensee any license or right under copyright or other intellectual property right law. No part of the Symbium IP may be altered, copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement. Licensee shall not take any action that shall interfere with or diminish Symbium' s right in any of the Symbium IP. Symbium shall retain ownership and title of any Solutions that it creates, even if created on a custom basis for Licensee.

7.2. Licensee Data and Symbium Data. As between Symbium and Licensee, Licensee shall, at all times, own or obtain the appropriate permissions to use the Licensee Data and shall be responsible for the accuracy and adequacy of any and all Licensee Data as well as establishing any required legal terms and conditions prior to the use of any Licensee

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88 Data. Licensee shall obtain all prior consents, internally or from relevant third parties, prior to uploading and using any Licensee Data to the Solutions. Licensee grants to Symbium a non-exclusive, royalty-free, worldwide license during the Tenn to access and use the Licensee Data for the purpose of delivering the Services, which may include the aggregation of such data in an anonymized manner for benchmarking and other purposes. Symbium' s right to use Symbium Data shall be governed by its own policies, including its Privacy Policy, available at https://symbium.com/privacy {"Privacy Policy").

7.3. Symbium Integrations. Nothing shall prevent Symbium from developing and deploying Symbium Integrations, which Symbium may do at any time in its sole discretion. Symbium Integrations shall not diminish or degrade the functionality of the Solutions in the applicable Order at any time.

7.4. License to Use Feedback. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into the Services any feedback, suggestions, requests, or recommendations relating to the Services.

7.5. Usage Data. Licensee grants to Symbium an irrevocable, royalty-free, worldwide license of unlimited duration to use, modify, and incorporate into its own support offering, product development, operational plans, and sales or marketing materials, any anonymous usage data acquired from Licensee's account and use of the Solutions. 7 .6. References to Licensee/ Press Release. Upon execution of this Agreement, Symbium may make references to Licensee and Licensee's URL and may use Licensee's designated trademark and logo for the limited purpose of publishing it on Symbium's current list of Licensees located on the Symbium Site. Symbium may also respond to any inquiry regarding whether Licensee is a licensee and user of the Services. Additionally,_upon execution of this Agreement, each Party may issue a press release announcing the Parties' relationship under this Agreement.

8. FEES AND PAYMENTS

8.1. Fees. Symbium shall charge either Licensee or End-Users, as applicable, for the Services provided by Symbium hereunder as specified in the applicable Order.

8.2. Payment Methods. Symbium accepts payments for its Services from Licensee, if any, via check or electronic funds transfer and will cooperate, in good faith, to accommodate Licensee's preference in either case. Payments for Transaction Services by End-Users shall be made by credit card.

8.3. Application of Fees for Transaction Services. Symbium's Transaction Services fees shall be on a per-plan check basis, and not on a per permit basis. By way of example, automated compliance check Services performed on a solar permit project, energy storage project, and main electrical panel upgrade, each of which would have normally qualified for their own separate permits, would be subject to separate Symbium Service fees, even if those projects were submitted by the End-User to Licensee in a single, combined permit.

8.4. Payment Terms. All pricing and payments are and shall be in U.S. dollars.

8.4.1. Fees to Licensee. With respect to fees charged to Licensee, Licensee shall pay each invoice as stated in the Order or, if no due date is stated, within 30 days of receipt unless it has a bona fide dispute with respect to payment of such invoice or portion thereof. If there is a bona fide dispute regarding any invoice rendered or amount paid, the disputing Party shall notify the other by written notice thereof, and the Parties shall use their best efforts to resolve such dispute expeditiously. If an aggrieved Party notifies the other in writing of a disputed invoice or payment, and there is a good faith basis for such dispute, the time for paying the portion of the invoice in dispute shall be extended by a period of time equal to the time between receipt of such notice and the resolution of such dispute. Undisputed portions of any invoice shall be paid as stated above.

8.4.2. Fees to End-Users. Symbium's fees to End-Users for Transaction Services shall be inclusive of Symbium's Service fees (E.g., a per plan check fee) and payment processing fees. In the event that Symbium is also processing any Licensee fees (E.g. government fees) on behalf of Licensee, those fees shall also be charged to the End-User. Symbium's most current Service fees to End-Users are published at https://symbium.com/pricing. Symium reserves the right to increase its Service fees to EndUsers once each calendar year with at least 30 days advance public notice (I.e. on Symbium's Site) and written notice to Licensee.

8.5. Payment Processing Fees. Fees charged to End-Users for Symbium's Transaction Services are nonrefundable. As between Symbium and Licensee, Symbium shall assume any credit card fees charged by Symbium's thirdparty payment processors for Transaction Services that are processed on Symbium. As applicable, Symbium may pass

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89 through to End-Users any credit card processing fees charged by either of Symbium's or Licensee's payment processor (I.e., in cases where the Licensee charges $100 + $5 credit card processing fee for a total of $105, Symbium may pass through the $5 additional Licensee processing fee directly to the End-User.).

8.6. Taxes. Licensee shall be financially responsible for all sales or services taxes that are assessed on the provision of the Services to Licensee, excluding any withholding or export taxes or taxes based upon Syrnbium' s income.

To the extent Symbium is required to collect such taxes under applicable Law, Symbium, to the extent legally or otherwise required, shall separately state the amount of tax due on its invoices to Licensee. Licensee and Symbium shall cooperate to segregate the fees into: (i) those for taxable Services and (ii) those for nontaxable Services. The Parties shall reasonably cooperate with each other to more accurately determine each Party's tax liability and to minimize such liability, to the extent legally permissible. In addition, Symbium shall provide and make available to Licensee any information regarding the computation of any such taxes as reasonably requested by Licensee. Symbium shall not pay any taxes based on the Services that Licensee and Symbium disagree on as to whether a tax is due without affording Licensee a reasonable amount of time after being called upon by the taxing authority to pay such tax to dispute the payment of such tax, at Licensee's expense, in the appropriate legal forum.

9. COOPERATIVE PROCUREMENT

9.1. Participating Entities. Licensee acknowledges that Symbium intends to make the Services available to other governmental entities through cooperative purchasing arrangements. Subject to applicable law and the terms of this Agreement, Symbium may extend the pricing, terms, and conditions of this Agreement to other eligible governmental entities ("Participating Entities"), including but not limited to: other municipalities, counties, cities, towns, and local governmental units; state agencies and departments; special districts and authorities; educational institutions including school districts, colleges, and universities; and other governmental or quasi-governmental entities as approved by Symbium. Participating Entities may access the Services under this Agreement by executing a participation agreement or adoption agreement referencing this Master Licensing Agreement, agreeing to be bound by all terms and conditions of this Agreement, establishing their own account and payment arrangements directly with Symbium, and complying with any additional requirements specific to their jurisdiction. Each Participating Entity shall be independently responsible for its own payment obligations to Symbium, compliance with all Agreement terms, its own data, privacy, and security obligations, and any jurisdiction-specific legal or regulatory requirements, and Licensee shall have no liability for the obligations or actions of any Participating Entity. Symbium reserves the right to negotiate modifications or additional terms with Participating Entities to address specific legal, technical, or operational requirements, provided that such modifications shall not materially alter the pricing or core terms available to Licensee. The cooperative purchasing rights under this clause shall remain in effect for the duration of this Agreement, and termination of this Agreement shall not affect the rights of Participating Entities who have already executed their own agreements with Symbium. This cooperative purchasing arrangement is intended to comply with applicable intergovernmental cooperative purchasing laws, and each party shall ensure its participation complies with its respective procurement regulations and requirements.

I 0. CONFIDENTIALITY
IO. I. Confidentialitv. Except as set forth in Sections 10.2 and 10.3, as applicable, Each Party agrees to maintain the confidentiality of the other Party's Confidential Information as defined herein. "Confidential Information" means all information concerning a Party's business not generally known to the public, whether or not marked as confidential. By way of illustration only, Confidential Information may include Licensee Data, trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information, whether or not such information is marked as confidential. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act of the receiving Party, becomes publicly known; (iii) is readily observable and / or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party's Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of this Agreement. Each Party's officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party's Confidential Information than this Agreement. Each Party acknowledges that any actual or threatened

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90 violation of this Section may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain, and therefore agrees that the disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law and/or in equity. Nothing in this Section shall prohibit Symbium from disseminating aggregated information that contains no Confidential Information of Licensee.

10.2. Public Agency Exceptions and CPRA. This Section I 0.2 shall apply to any Licensee that is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA") or substantially similar requirements (the "Public Agency Exceptions"). Notwithstanding any other obligations set forth in Section 10, Licensee is not obligated to act in any way that is contraiy to any requirements under the CPRA or Public Agency Exceptions. Symbium shall identify information that is protected under the CPRA or Public Agency Exceptions and shall clearly mark such information as "CONFIDENTIAL AND PROPRIETARY", including identification of the specific lines containing such confidential and proprietary information subject to nondisclosure. In the event of a request for such information, Licensee will provide written notice to Symbium prior to such disclosure. For information that Symbium wishes to protect from public disclosure, Symbium must obtain a protective order, injunctive relief or other appropriate remedy from a court of law in either San Francisco County or the Licensee's County before the Licensee is required to respond to the CPRA request. If Symbium fails to obtain such remedy within the time the Licensee is required to respond to the CPRA or Public Agency Exceptions request, Licensee may disclose the requested information.

10.3. Cooperation. In the event of any unauthorized use or disclosure or loss of any Confidential Information of the disclosing Party, the receiving Party shall promptly, at its own expense: (i) notify the disclosing Party in writing; (ii) take such actions as may be necessary or reasonably requested by the disclosing Party to minimize the violation or the damage resulting therefrom; and (iii) cooperate in all reasonable respects with the disclosing Party to minimize the violation and any damage resulting therefrom.

10.4. Limitation. Notwithstanding the provisions of this Section, Symbium may disclose Licensee's Confidential Information, which includes personally identifying information and End-user activity: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Symbium shall comply with any applicable protective order or equivalent and, unless prohibited by law, Symbium will employ commercially reasonable efforts to provide Licensee with prior written notice, so that Licensee has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by Licensee for that purpose.

11. REPRESENTATIONS AND WARRANTIES

11.1. Power and Authorization. Each Party hereby represents, warrants, and covenants to the other Party that (i) it is duly organized, validly existing and in good standing under the Laws of the state of its domicile and is in good standing in each other jurisdiction in which such qualification is required by Law; (ii) it has power and authority to transact the business it transacts and proposes to transact and to execute and deliver this Agreement and to perform the obligations under this Agreement, and (iii) its entry into this Agreement does not violate or constitute a breach of any agreement to which it is a Party or otherwise bound.

11.2. Compliance with Law. Each Party hereby represents, warrants, and covenants to the other Party that in performing its obligations and exercising its rights under this Agreement, it will comply (and shall require all of its personnel providing Services hereunder to comply) with all applicable Laws.

11.3. By Licensee. Licensee hereby represents, warrants, and covenants to Symbium that: (i) it has obtained all the appropriate consents required by law to ensure that Licensee and Symbium have the right to use the Licensee Data in association with the Services and, if applicable, as described in Symbium's Privacy Policy; and (ii) it will not use the Service to collect, upload, retrieve, transmit, send, and/or store any sensitive personally identifiable infonnation in violation of any applicable laws. Symbium reserves the right to delete any Licensee Data that is in violation of any terms in this Agreement or of any applicable laws.

11.4. Disclaimer of Additional Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, UNLESS OTHER WISE EXPRESSLY SET FORTH IN THIS AGREEMENT, SYMBIUM

EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SYMBIUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT FUTURE PRODUCT FEATURES OR FUNCTIONALITY.

12. INDEMNITIES

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91 12.1. General Indemnities. Each Party ("Indemnifying Party") shall defend, indemnify and hold the other Party ("Indemnified Party") and its Affiliates and their respective officers, directors, employees, agents, contractors, successors, and assigns harmless from and against any and all damages, losses, fines, penalties, costs, and other amounts (including reasonable attorney's fees and expenses) (collectively, "Losses") arising from or in connection with any actual judicial causes of actions by third parties ( each a "Claim") to the extent such Claim is based on or arises from or relates to (i) any breach or default of any provision of this Agreement by the Indemnifying Party; or (ii) negligent or intentional acts or omissions caused by the Indemnifying Party or its Affiliates and their respective officers, directors, employees, agents, contractors, successors and assigns. Further, Licensee shall defend, indemnify, and hold Symbium harmless from any Losses arising from or in connection with any Claims to the extent that such Claim is based on or arises from or relates to Licensee's misappropriation or misuse of any Licensee Data or any of Licensee's obligations to third parties relating to such Licensee Data. Notwithstanding any Symbium obligations to indemnify Licensee in this Agreement, any indemnification by Symbium shall be limited to the actual amount covered by Symbium's insurance for that particular Claim.

12.2. Indemnification Procedure. Each Indemnified Party shall provide the Indemnifying Party with prompt written Notice of any Claim for which the Indemnified Party is seeking or may seek indemnification hereunder (provided that the failure of the Indemnified Party to promptly notify the indemnifying Party hereunder shall not relieve the Indemnifying Party of any liability with respect to the Claim, except to the extent the Indemnifying Party demonstrates that the defense of the Claim is prejudiced by such failure). The Indemnified Party shall provide reasonable cooperation (at the Indemnifying Party's expense) and retain full authority to defend or settle the Claim. The Indemnifying Party shall keep the Indemnified Party fully informed concerning the status of any litigation, negotiations or settlements of any such Claim. The Indemnified Party shall be entitled, at its own expense, to participate in any such litigation, negotiations and settlements with counsel of its own choosing. The Indemnifying Party shall not have the right to settle any Claim if such settlement arises from or is part of any criminal action or proceeding, or contains a stipulation to, or an admission or acknowledgement of, any wrongdoing (whether in tort or otherwise) on the part of the lndemnified Party without the prior written consent of such Indemnified Party.

13. LIMITATION OF LIABILITY

13.1. THE LIABILITY OF SYMBIUM AND LICENSEE TO EACH OTHER FOR ANY AND ALL

CAUSE(S) OF ACTION, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT,

NEGLIGENCE OR ANY OTHER), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH

OF THIS AGREEMENT WILL IN NO EVENT EXCEED THE AVERAGE MONTHLY FEES CONVERTED TO AN ANNUALIZED BASIS. LICENSEE ACKNOWLEDGES THAT THE ESSENTIAL PURPOSE OF THIS SECTION 13.1

IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL

LIABILITY GIVEN THE FEES, WHICH WOULD HA VE BEEN SUBSTANTIALLY HIGHER IF SYMBIUM WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. SYMBIUM HAS RELIED ON

THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE LICENSEE WITH THE RIGHTS TO ACCESS AND USE THE SERVICES PURSUANT TO THIS AGREEMENT.

13.2. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR

ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FROM

LOST PROFITS, LOST USE, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,

WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN

CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3. NOTWITHSTANDING THE FOREGOING, SECTION 13.1 AND SECTION 13.2 WILL NOT APPLY TO: (I) CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR CRIMINAL ACTS OR OMISSIONS; (II) BREACH OF CONFIDENTIALITY OR INTELLECTUAL PROPERTY; (III) ANY THIRD PARTY CLAIMS SUBJECT TO THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT; OR (IV) THE BREACH BY EITHER PARTY OF THEIR REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 11.

14. COOPERATION

14.1. Cooperation. Each Party shall inform the other Party ofany legal claims, demands or complaints brought:
(i) by a third party relating to the Services or products provided by Symbium to Licensee under this Agreement; or (ii) to any regulatory body relating to this Agreement or anything acquired hereunder. The Parties shall cooperate with each other

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92 with respect to the resolution of such complaints. For the avoidance of doubt, the Party against whom the complaint was made shall control the response to any regulatory body, if any, with respect to any such complaint.

15. TERMANDTERMINATION

15.1. Term. The initial term of this Agreement shall be as set forth in the applicable Order ("Initial Term") and shall thereafter be renewed by the Parties for recurring one (1) year periods ("Subsequent Term") unless either Party provides the other Party with at least thirty (30) days prior written notice of termination or intention not to renew prior to the commencement of the next annual period. The Initial Term and Subsequent Term may collectively be referred to as the "Term". Licensee further reserves the right to terminate this Agreement at any time within 30 days of receipt of a notice of service fee increase to it or to End-Users.

15.2. Tennination for Breach. Either Party may tenninate this Agreement upon written notice to the other Party if such other Party commits a material breach of this Agreement and does not cure such breach within fifteen (15) days following its receipt of notice thereof from the terminating Party. No refunds shall be issued to Licensee in the event of termination under this Section 15.2 by Symbium for an uncured material breach by Licensee. Symbium shall issue a prorated refund of prepaid but unused fees to Licensee in the event that Licensee terminates this Agreement under this Section 15.2 for an uncured material breach by Symbium. "Material breaches" include: (i) failure by Symbium to deliver the Services as agreed under this Agreement; (ii) any breach of Section 7 (Proprietary Information); (iii) any failure by Licensee to pay fees when due; (iii) or any breaches by either Party of Sections 3 (License), 10 (Confidentiality), 11 (Representations and Warranties), 12 (Indemnities), or 14 (Cooperation). Any termination of this Agreement will automatically tenninate any incorporated Orders.

15.3. Suspension of Services. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Symbium's Site or in connection with Symbium's Services may result in immediate suspension of access to certain Solutions or termination of this Agreement with no refund and without limitation of any other available legal remedies. Symbium may suspend Licensee's access to any Services until all overdue payments are paid in full.

Delinquent invoices are subject to interest of one percent (1.0%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Licensee will continue to be charged for the remainder of the term for any delinquent accounts. Licensee acknowledges and agrees that, unless otherwise required in this Agreement, Symbium has no obligation to retain any data on behalf of Licensee and that such data, if any, may be irretrievably deleted upon termination of this Agreement.

15.4. Remedies Not Limiting. The remedies provided in this Section 15 are in no way limiting of one another or of any other rights and remedies granted to either Party under this Agreement. Symbium may choose to, but is not required to, place Licensee's account on suspension in lieu oftennination where tennination is pennitted under the terms of this Agreement or take other appropriate action.

16. MISCELLANEOUS

16.1. Notices. Any demand, notice, or other communication required or permitted hereunder shall be effective if in writing and either sent by trackable courier or email to the recipients listed in the Order. Notices by courier shall be effective upon proof of delivery by either Party. Email notices shall be effective upon confmnation of receipt by the receiving Party. Either Party may change its notice address by providing the other Party with notice of the change in the same manner required in this Section 16.1.

16.2. Assignment; Binding Effect. Neither Party shall assign or transfer this Agreement nor delegate any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon written notice to Licensee, Symbium may assign this Agreement to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets.

Any assignment, transfer or delegation ofrights or obligations hereunder in contravention of this Section shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the Parties to this Agreement and their respective successors and permitted assigns.

16.3. Dispute Resolution: Equitable Relief. The Parties agree that, in the event of a dispute or alleged breach, they shall first work together in good faith to resolve the matter internally through negotiations and, if necessary, by escalating it to higher levels of management. The foregoing shall not apply to, and shall not prevent a Party from seeking immediate relief in the event of, disputes involving the confidentiality or data protection provisions of this Agreement or infringement of intellectual property rights (in which case either Party shall be free to seek available remedies in a court of competent jurisdiction in accordance with the Governing Law Section of this Agreement).

SYMBIUM CONFIDENTIAL AND PROPRIETARY
V 1.6-11082024

Page 8 of 11 ends

93 16.4. Entire Agreement; Amendment. This Agreement sets forth the entire understanding between the Parties with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous representations, discussion, negotiations, letters, proposals agreements and understandings between the Parties hereto with respect to the subject matter hereof, whether written or oral. This Agreement may be amended, modified or supplemented only in a writing duly executed by an authorized representative of each of Licensee and Symbium.

16.5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. For any disputes that are not resolved by way of good faith negotiations and settlement, the Parties hereby consent to the exclusive venue and jurisdiction for actions concerning or relating to this Agreement in the federal or state courts of San Francisco, County of San Francisco, California.

16.6. Headings. The section headings in this Agreement are for reference and convenience only and do not explain, modify, interpret, or expand the provisions of this Agreement.

16. 7. Independent Contractors. In making and performing under this Agreement, the Parties are acting and shall act as independent contractors and not that of master and servant or partnership. Neither Party is, nor will be deemed to be, an agent, legal representative, joint venture, or partner of the other Party for any purpose. Neither Party shall have any authority to act for or to bind the other Party in any respect, nor shall either Party hold itself out as having such authority.

Each Party agrees to assume complete responsibility for its own employees with regard to federal or state employer's liability, worker's compensation, social security, unemployment insurance, and Occupational Safety and Health Administration requirements, and other laws.

16.8. Severability. If any of the provisions of this Agreement are declared to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be ineffective to the extent of such invalidity or unenforceability while the other provisions hereof shall remain in full force and effect.

16.9. Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the Party against whom it is asserted. Any consent by any Party to, or waiver of, a breach of the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any continuing, different, or subsequent breach of this Agreement by such Party.

16.10. Survival. The provisions of this Agreement, which by their nature survive expiration or termination of this Agreement, shall survive, including, but not limited to the following Sections: 7 (Proprietary Rights), 10 (Confidentiality), 11 (Representations and Warranties), 12 (Indemnities), and 13 (Limitation of Liability).

16.11. Controlling Document. Notwithstanding any inconsistent or additional terms and conditions which may be contained in a purchase order, invoice, voucher or other similar document issued by either Party, such document shall be for issuing Party's internal purposes only and the terms and conditions of this Agreement shall prevail. Therefore, even if such document is acknowledged or accepted by the receiving Party and regardless of any statement to the contrary which may be contained therein, the inconsistent or additional terms and conditions of such purchase order, invoice, voucher or other similar document shall have no force or effect on this Agreement.

16.12. Interpretation: Construction. Unless the context of this Agreement clearly requires otherwise, (i) references to the plural include the singular, the singular the plural, the part the whole, (ii) references to any gender include all genders, (iii) "or" has the inclusive meaning frequently identified with the phrase "and/or," (iv) "including" has the inclusive meaning frequently identified with the phrase "but not limited to," and (v) references to "hereunder" or "herein" relate to this Agreement. The Parties agree that this Agreement is the result of careful negotiations between sophisticated Parties and thus any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.

16.13. Signature/Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and both of which, taken together, shall constitute one agreement binding on both Parties. A facsimile signature or electronic signature ( or e-signature) shall have the force and effect of an original signature, and in the absence of an original signature, shall constitute the original signature.

THE PARTIES ACKNOWLEDGE THAT THEY HA VE READ THE AGREEMENT, UNDERSTAND IT AND AGREE

TO BE BOUND BY ITS TERMS, AND THE PERSON SIGNING ON BEHALF OF EACH HAS BEEN AUTHORIZED

SYMBIUM CONFIDENTIAL AND PROPRIETARY
v 1.6-1 I 082024

Page 9 of 11 ends

94 TO DO SO. THE PARTIES FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES.

SYMBIUM CORP.

By:

Name:

Title:

Email:

Date:

SYMBIUM CONFIDENTIAL AND PROPRIETARY
vl.6-11082024

CITY OF LOS BANOS
By:

Name:

Title:

Email:

Date:

Page 10 of 11 ends

95 EXHIBIT A-1-0RDER
This Order, once executed, is governed by the Symbium Master Licensing Agreement between Symbium Corp. ("Symbium") and the City of Los Banos ("Licensee") (the "Agreement"). All fees set forth herein are due pursuant to the terms of the Agreement. All capitalized terms used but not defined herein will have the meaning assigned to them in the Agreement. This Order shall control in the event of any conflict between this Order and the Agreement.

Prepared For: Order No.: Make Payment to:

City of Los Banos LOSBANOS-001 Symbium Corp.

City of Los Banos Initial Term: Symbium Corp.

Stacy Souza Elms, Community and 5 years 912 Cole St., #375 Economic Development Director San Francisco, CA 94117
520 J Street #5 Payment Frequency: Los Banos, CA 93635 NIA [email protected] SaaS Solution / Service Description Billing
Symbium's SB379-compliant Service for • Web-based public-facing automated compliance checks $0 PVand ESS for solar energy systems as required by SB379 • Symbium Service fee per plan check (per project or
revision), charged to applicants at point of sale.

Symbium Express Permits • Web-based public-facing automated compliance checks $0 for additional permits, as requested by Licensee.
• Symbium Service fee per plan check (per project or
revision), charged to applicants at point of sale.

Included Integrations and Read-write integrations into existing permitting workflows and $30,000 oneconfie:u rations state & local business licensing registries, _given available AP Is. time fee On2oin!! Support and Maintenance Quarterly uodates $0
Total $30,000
Additional Terms and Conditions:

I. Any Transaction Services fees to End-Users shall be discounted by 50% through December 31, 2025.

2. Unless noted otherwise, the pricing above includes initial implementation and training to ensure proper use and shall be invoiced upon execution of the Agreement. The one-time fee of$30,000 is due only upon approval ofCalAPP grant funds and shall not be due if Licensee does not qualify or if those funds are no longer available through CalAPP.

3. Symbium shall be the exclusive provider of the Services and for any online submissions of any mutually agreed-upon permit and other application types for Licensee during the Term.

4. Any additional Solutions or Services requested by Licensee that exceed the scope of this Order shall be subject to a separate signed Order between the Parties.

5. Support is available by email: [email protected].

ACCEPTED AND AGREED BY:

Svmbium Coro.

BY: DATE:

NAME: Leila Banijamali
TITLE: CEO
EMAIL: [email protected]

SYMBIUM CONFIDENTIAL AND PROPRIETARY
vl.6-11082024
Citv of Los Banos
BY: DATE:

NAME:

TITLE:

EMAIL:

Page 11 of 11 ends

96 SB 379 Information taken from
California Energy Commission Website Residential Solar Permits Bill Summary
• Senate Bill 379 (Wiener, 2022) requires most California cities and counties to implement an online, automated permitting platform that verifies code compliance and issues permits in real time or allows the city, county, or city and county to issue permits in real time for a residential solar energy system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and a residential energy storage system, as defined, paired with a residential solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating • A city with a population of fewer than 5,000 and a county with a population of fewer than 150,000, including each city within that county, is exempt. • A city with a population of 50,000 or fewer that is not exempt shall satisfy the requirements by September 30, 2024.
• A city, county, or city and county with a population of greater than 50,000 that is not exempt shall satisfy the requirements by September 30, 2023.

Reporting Requirements
• As defined in SB 379, a city, county, or city and county shall report to the Energy Commission when it is in compliance with this legislation. Additionally, a city, county, or city and county shall report annually to the Energy Commission within one year of implementing an online, automated solar permitting system. This annual reporting requirement shall become inoperative on June 30, 2034.
• Required reporting fields are detailed in the Residential Solar Permit Reporting - SB 379 Guidelines and are summarized below:
o Name of reporting party (city, county, or city and county) o Reporting year (date range if partial calendar year)
o Latest estimated population of reporting entity
o Total number of permits issued for all residential solar energy systems • Subset of total permits issued for residential solar energy systems through an online, automated permitting platform that complies with SB 379. o Total number of permits issued for all residential energy storage systems paired with residential solar energy systems
• Subset of total permits issued for residential energy storage systems paired with residential solar energy systems through an online, automated permitting platform that complies with SB 379.

Common Questions
Q. What software platforms are other jurisdictions using to comply with SB 379? A: The most common software observed in use is SolarAPP+, Symbium, or custom in-house solutions.
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98 TO:

FROM:

DATE:

LOsBanos . t tlic Cro ~roads of Cali nw
Agenda Staff Report
Mayor & City Council Members
Gary Brizzee, Interim City Manager 'BM'L-z.Ji,t-,-
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
October 1 , 2025
TYPE OF REPORT: Consent Agenda
SUBJECT: Closure of Non-Essential City Offices
Recommendation:

Approve the closure of non-essential City offices on select days surrounding the Christmas and New Year's holidays, including full-day closures on Wednesday, December 24, 2025; Friday, December 26, 2025; and Friday, January 2, 2026, as well as a half-day closure at 12:00 p.m. on Wednesday, December 31, 2025.

Background:

City policy designates Christmas Day and New Year's Day as paid holidays for City employees. Since both holidays fall on Thursdays this year, it is anticipated that the preceding Wednesdays and following Fridays will experience significantly reduced business activity. Closing non-essential operations during this period provides an opportunity to conserve resources and achieve cost savings related to employee time and energy consumption.

Discussion:

Under this proposal, the following City offices would be closed on the designated dates surrounding the holidays:
• 520 J Street (City Hall)
• 411 Madison Avenue (Public Works Office)
• 645 7th Street (Community Center)
• 1015 F Street (Public Works Yard)
On Wednesday, December 31, 2025, these offices would close at 12:00 p.m.

ITEM 10G
99 Other City locations, including 1111 G Street (Police Department) and 333 7th Street (Fire Station No. 1 ), may reduce non-essential staffing levels as long as essential services remain unaffected.

Employees impacted by these closures may use accrued leave balances, such as Vacation or Compensatory Time Off (CTO), in lieu of working on these days. CTO is accrued by overtime-eligible employees in exchange for not receiving cash payment for overtime. Allowing employees to use these hours helps reduce the City's long-term liability associated with accrued leave balances.

Fiscal Impact:

The City will benefit from reduced energy consumption during closure days and from lowering its financial liability tied to employee leave balances.

Reviewed by:

Attachments:

Resolution
100
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING CLOSURE OF

NON-ESSENTIAL CITY OFFICES ON WEDNESDAY,
DECEMBER 24, 2025, FRIDAY, DECEMBER 26,
2025, AND FRIDAY, JANUARY 2, 2026 AND AT
12:00 P.M. ON WEDNESDAY, DECEMBER 31, 2025
WHEREAS, the Interim City Manager has approved staff's recommendation to close non-essential City offices on Christmas Eve, Wednesday, December 24, 2025; the day after Christmas Day, Friday, December 26, 2025; the day after New Year's Day, Friday, January 2, 2026; and at 12:00 p.m. on New Year's Eve, Wednesday, December 31, 2025 and New Year's Eve, Tuesday, December 31, 2024 allowing employees to utilize accrued leave balances such as Vacation or Compensatory Time Off (CTO).

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the full-day closure of all non-essential City offices on Wednesday, December 24, 2025; Friday, December 26, 2025; and Friday, January 2, 2026, as well as a half-day closure at 12:00 p.m. on Wednesday, December 31, 2025.

BE IT FURTHER RESOLVED that employees may utilize accrued leave balances such as Vacation or Compensatory Time Off (CTO) in lieu of working on these days.

The foregoing Resolution was introduced at an adjourned meeting of the City Council of the City of Los Banos held on the __ day of October 2025, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:

A YES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
101

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102
TO:

FROM:

DATE:

LOsBanos
.\t tlie ( tO!tsroacls of (, I J n ni<l
Agenda Staff Report
Mayor Amabile & City Council Members
Gary Brizzee, Interim City Manager 7::[ :J:J .L.----
Lucy Mallonee, MMC~
City Clerk/Human Resources Director
October 1 , 2025
SUBJECT: City Attorney Appointment
TYPE OF REPORT: Regular
Recommendation:

Attached please find a resolution for your review and consideration of approval that would approve and authorize the execution of the Los Banos City Attorney employment agreement between the City of Los Banos and Mary Lerner.

Background:

The City Council began the process of recruiting for a new City Attorney in May 2025 by entering into a contract with Ralph Andersen & Associates to assist with the recruitment process. With the help of Ralph Andersen & Associates, the recruitment process produced multiple highly qualified candidates for Council consideration. During the process, the City Council identified Mary Lerner as their top candidate.

Discussion:

Mary Lerner is a seasoned public agency attorney with more than 20 years of experience representing counties, cities, and special districts across California. As a partner with a leading municipal law firm, she advises elected officials and executive leaders on governance, litigation, regulatory compliance, and public policy, with expertise in land use, public safety, labor law, and ethics. She has managed multidisciplinary legal teams, overseen complex litigation, and served as primary counsel to governing bodies on highstakes legal and policy matters, including the Brown Act, Public Records Act, and CEQA.

Recognized for her ability to make complex legal issues accessible, Ms. Lerner is also a ITEM 11
103
frequent speaker and trainer on government transparency and compliance. She earned her Juris Doctor from San Joaquin College of Law and a Bachelor of Science in Political Science from California State University, Fresno, and maintains strong roots in California's Central Valley.

If Ms. Lerner is appointed and the employment agreement is approved, she will begin serving the City as the new City Attorney on November 17, 2025. The agreement is for an initial five (5) year term beginning November 17, 2025 and ending November 17, 2030, with an optional three (3) year single extensions. The terms and conditions of the proposed employment agreement are comparable to other city attorney positions within the Central Valley region. In addition to standard terms and conditions, the Agreement provides for the following salary and benefits:
• The term and any extended term may be extended by mutual agreement of the parties. In the event that the term or any extended term is not extended by mutual agreement of the parties, this Agreement and the employment relationship shall end without further action by the City Council.
• Annual base salary of $280,000 ($23,334 per month).
• A step increase/COLA of three percent (3%) of employee's base salary effective November 16, 2026; a step increase of five percent (3%) of employee's base salary effective November 16, 2027, a step increase of three percent (3%) of employee's base salary effective November 16, 2028, a step increase of three percent (3%) of employee's base salary effective November 16, 2029, a step increase of three percent (3%) of employee's base salary effective November 16, 2030; and if the three (3) year single extensions are optioned a step increase of three percent (3%) of employee's base salary effective November 16, 2031, a step increase of three percent (3%) of employee's base salary effective November 16, 2032, and a step increase of three percent (3%) of employee's base salary effective November 16, 2033.
• Benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits. Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents. o Medical Insurance
o DentalNision/Life Insurance
o CalPERS Retirement
o Retirement Health Savings Plan
o Deferred Compensation
o Sick Leave
o Vacation Accrual - 3 weeks
o Administrative Leave
o Education Incentive Pay
104
o Bilingual Incentive Pay
o Car allowance - $550 per month
o Cell phone allowance - $100 per month
Fiscal Impact:

There is currently sufficient funds in the 2025/2026 budget to cover the costs associated with the proposed employment agreement for the remainder of the fiscal year.

The City Attorney has reviewed the agreement and approved as to form.

Reviewed by:

Attachments:

Resolution with attached Agreement
105
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS APPOINTING A CITY ATTORNEY

AND APPROVING AND AUTHORIZING THE

EXECUTION OF THE LOS BANOS CITY ATTORNEY

EMPLOYMENT AGREEMENT
WHEREAS, The City requires the services of a City Attorney and the City Council has engaged in a recruitment process to select a City Attorney; and WHEREAS, Pursuant to Sec. 2012 of the Los Banos Personnel Policy, the City Attorney is appointed by and serves at the pleasure of the City Council; and WHEREAS, Mary F. Lerner has the necessary education, experience, skills and expertise to serve as the City's City Attorney; and
WHEREAS, The City Council desires to employ Mary F. Lerner as the City Attorney and has entered into negotiations with her for the purpose of entering into an employment agreement; and
WHEREAS, Mary F. Lerner desires to serve the City Council and the City of Los Banos as the City Attorney of the City of Los Banos commencing November 17, 2025.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE AS FOLLOWS:

1. That the City Council of the City of Los Banos does hereby appoint Mary F. Lerner as the next City Attorney of the City of Los Banos and approves and authorizes the Mayor or his designee to execute the Los Banos City Attorney Employment Agreement attached hereto as Exhibit "A".

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on this 1st day of October 2025, by Council Member __ , who moved its adoption, which motion was duly seconded by Council Member __ , and the Resolution was adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
106

LOS BANOS CITY ATTORNEY

EMPLOYMENT AGREEMENT

EXHIBIT A
This Employment Agreement ("Agreement") is made and entered into as of this _ day of ______ 2025 by and between the City of Los Banos, a California municipal corporation, (hereinafter the "City"), and Mary F. Lerner, (hereinafter the "City Attorney" or "Employee").

RECITALS
A. The City requires the services of a City Attorney and the City Council has engaged in a recruitment process to select a City Attorney.

B. Pursuant to Sec. 2012 of the Los Banos Personnel Policy, the City Attorney is appointed by and serves at the pleasure of the City Council.

C. The Employee has the necessary education, experience, skills and expertise to serve as the City's City Attorney.

D. The City Council desires to employ Employee as the City Attorney and has entered into negotiations with her for the purpose of entering into an employment agreement.

E. Employee desires to accept employment as City Attorney.

F. This Agreement is entered into pursuant to the authority of and subject to the provisions of Government Code Section 53260 et seq.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. Emplovment.

City hereby appoints Employee as the City Attorney for the City of Los Banos and employs her in that position and Employee hereby accepts that appointment and employment.

2. Term of Employment.
(a) This Agreement shall become effective as of the date this Agreement is approved by the City Council. Employee's term of employment as City Attorney shall be for five (5) years from the effective date of this Agreement, unless sooner terminated as otherwise provided for in this Agreement; with three (3) single year options to extend. This Agreement and offer of employment is subject to Employee's successful passage and completion of a pre-employment process which consists of a physical examination and Livescan fingerprinting. Employee's start date is anticipated to be the third week of November 2025 or as otherwise agreed depending upon the completion of the pre-employment process.
1 107
(b) The term and any extended term may be extended by mutual agreement of the parties.

In the event that the term or any extended term is not extended by mutual agreement of the parties, this Agreement and the employment relationship shall end without further action by the City Council.

3. Salary and Benefits.
(a) City agrees to pay Employee an annual base salary of$280,000.00 ($23,334 monthly) payable in installments at the same time and in the same manner that other City employees are paid (bi-monthly ) and subject to customary withholding.
(b) Employee shall receive an annual Cost of Living Adjustment (COLA) of three percent (3%) to Employee's base salary, effective on the first available pay period corresponding with Employee's anniversary date of hire each year. This COLA applies throughout the initial five-year term (2026-2030) and continues at three percent (3%) for each of the three (3) one-year extension options, if exercised (2031, 2032, and 2033). Employee shall not be entitled to a cost-of-living adjustment (COLA) given to other unrepresented/miscellaneous employees. (c) Employee's annual base salary may only be reduced at the same time and in the same percentage per occurrence as any across-the-board reduction that is imposed upon other City Department Heads and/or Management employees in the City. Any subsequent restoration of previously reduced salary percentages to other City Department Heads and/or Management employees shall be equally applied to Employee. In the event any salary reduction is accompanied by a request that Employee forgo future COLA adjustments provided in section (b) above, such forbearance shall only be effective pursuant to a written agreement between the City and Employee.

Employee shall not unreasonably withhold reaching such an agreement. ( d) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents.
(1) Medical Insurance Benefit - Medical/DentalNision/Life Insurance. Employee shall be provided medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired before April 1, 2010. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Section 5005 Los Banos Personnel Policy).
(2) Retirement. Employee shall be enrolled in City's retirement plan with the California Public Employees' Retirement System (CalPERS), subject to the Retirement benefits formula for employees hired on or after January 1, 2013, on the terms and conditions applicable non-safety Management employees who are "New Members" within the meaning of the Public Employees' Pension Reform Act of 2013 (PEPRA). Employee shall be eligible for the 2% at 62 formula for CalPERS "New Members." City shall pay the full share of the employer contribution to CalPERS and Employee shall be responsible to pay the employee contribution. Employee contribution to CalPERS is tax deferred. (See, Section 5005 Los Banos Personnel Policy). 2 108
(3) Retirement Health Savings Plan. Employee may enroll in City's Retirement Health Savings Plan. If enrolled Employee must contribute $75 per month toward a Health Savings Plan. Employer will also contribute $75 per month to the plan. (See, Section 5005 Los Banos Personnel Policy).
(4) Deferred Compensation. The City will match Employee's contribution up to 4% of the Employee's salary each pay period (for purposes of this section referred to as "Employer contributions"), depositing such matching funds into the qualified Section 457 Plan selected by Employee from those established by the City ("457 Plan"). The Employer contributions will cease upon termination of Employee's employment. The Employer contributions are subject to the provisions and limitations of the 457 Plan and the Internal Revenue Code and its related regulations as amended from time to time. Employee may make a contribution to the 457 Plan in excess of the Employer contribution subject to the provisions and limitations of the 457 Plan and the Internal Revenue Code and its related regulations as amended from time to time. (See, Section 5005 Los Banos Personnel Policy).
( 5) Tuition Reimbursement. Tuition ( education related expenses) will be reimbursed in accordance with policy, upon successful completion of courses, up to $3,000.00 per fiscal year. (See, Section 5005 Los Banos Personnel Policy). (6) Sick Leave. Sick leave shall be accrued at eight (8) hours per month. (See, Section 5005 Los Banos Personnel Policy).

Upon the Employee's start date, Employee will be credited with eighty (80) hours of sick leave available for immediate use, with sick leave accrual commencing immediately and adding to the eighty (80) hour initial balance.
(7) Vacation Accrual. Employee shall be entitled to vacation accrual at the rate of

13.36 hours/month. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. Employee may save a maximum of three hundred twenty (320) hours. (See, Section 5005 Los Banos Personnel Policy). Employee shall notify the city council two (2) weeks in advance of any planned vacation time off of one (1) week or more.

Upon the Employee's start date, Employee will be credited with one hundred (100) hours of vacation leave available for immediate use, with vacation leave accrual commencing immediately and adding to the one hundred (100) hour initial balance. (8) Education Incentive Pay. Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 5005 Los Banos Personnel Policy). $100 per month for A.A./A.S.; or
$175 per month for B.A./B.S.; or
$225 per month for M.A./M.S.
(9) Bilingual Incentive Pav. If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Section 5005 Los Banos Personnel Policy).
3 109
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written Presentation Skills
(10) Administrative Leave. Employee shall receive twelve (12) work days off, with full salary and benefits, during every fiscal year of employment. Every July 1st, ninety-six (96) hours are accrued (front-loaded) and may not be carried over. Employee will receive a pro-rated amount based on hire date. (See, Section 5011 Los Banos Personnel Policy). Employee shall notify the city council two (2) weeks in advance of any planned administrative leave of one (1) week or more.

Upon the Employee's start date, Employee will be credited with sixty-four (64) hours of administrative leave available for immediate use, with administrative leave accrual commencing as provided above in section (10), thereafter. (11) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Section 5005 L, Division 5-E Los Banos Personnel Policy). (12) State Disability Insurance: The City participates in the State Disability Insurance (SDI) Program for all employee groups. Payment of SDI premiums is the responsibility of participating employees. (See, Section 5008 & Division 5-1 Los Banos Personnel Policy). (e) City desires to encourage Employee's continuing professional development and agrees to budget and pay for pre-approved professional dues and subscriptions, all Minimum Continuing Legal Education (MCLE) requirements, and travel and subsistence expenses for such conferences, seminars, courses, institutes, and meetings that the City Council and/ or the City Attorney deems reasonable and desirable for Employee's professional development and for the good of the City. Attendance at the Public Risk Management Association (PARMA) conferences, League of California Cities CalCities ) Annual Conference & Expo and CalCities City Attorneys Annual Conference are hereby pre-approved; as are annual professional organizational dues including but not limited to the State Bar of California, state and local chapters of CalCities, and County Bar Association (or local City Attorney equivalent if available). (f) Employee shall receive a cell phone allowance of $100.00 per month or, in the alternative, at the option of the Employee, the City will provide Employee with a City issued cell phone.
(g) Employee shall be provided an automobile allowance of $550.00 per month in exchange for making a vehicle available for the Employee's own use and for City-related business and/or functions during, before and after normal work hours. In the alternative, at the option of the Employee, the City will provide Employee with a City owned vehicle for her commute and other city related activities.

4. Duties.
(a) Employee shall serve as City Attorney and perform those duties and have those responsibilities that are commonly assigned to a City Attorney of a city in California. The duties and 4 110
responsibilities of the City Attorney shall include the duties and responsibilities that are set forth in job description as stated on "Exhibit A", and such other duties and responsibilities as the City Council may from time to time reasonably assign to the City Attorney. (b) Employee shall devote all necessary time and effort to fulfill the obligations of the City Attorney's position. The City and Employee acknowledge that Employee is reasonably expected to be available but does not have regularly set hours of work and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate. Employee's work schedule will vary in accordance to the work required to be performed.

Employee shall be permitted to work remotely at her discretion, provided Employee shall keep the City Manager, City Council and appropriate support staff aware of the specific days Employee is working remotely.

5. Exclusive Employment.

Employee shall devote all of her time, energy and efforts to the City, and shall accept no outside employment, but the foregoing shall not limit Employee in teaching, writing, lecturing, or consulting, but only to the extent that such activities do not interfere with her duties as set forth in this Agreement.

6. Performance Evaluation.

The City shall review and evaluate the performance of Employee every six (6) months for the first year and annually thereafter, or more frequently as deemed necessary by the City Council and/or as requested and placed on the Council Meeting agenda by the City Attorney. Said review and evaluation shall be private and confidential, and the results shall be summarized and discussed in closed session, to the extent permitted by law, or through some other mutually acceptable closed format. The parties agree that the primary purposes of such evaluation are to facilitate open and frank discussion, define goals and expectations, identify performance strengths and weaknesses, and to provide an opportunity for Employee to take affirmative action to address weaknesses and areas needing improvement. Failure of the City Council to provide a performance evaluation shall not limit the City's ability to terminate this Agreement pursuant to the terms set forth herein.

7. Separation.
(a) At Will Employment.

Consistent with Government Code Section 36506 the parties expressly agree that the position of City Attorney is an "at-will" employee, and that the City Attorney serves at the will and pleasure of the City Council. Nothing in this Agreement, any statute, ordinance, regulation or rule shall prevent, limit, or otherwise interfere with the right of the City Council to terminate, with or without cause or reason, the employment of Employee.

The City Council may, in its absolute discretion, terminate the employment of Employee as City Attorney and terminate Employee's employment with the City. To terminate Employee's employment, the City, acting through the City Council, shall give Employee a written notice of the 5 111
termination. As provided in Los Banos Municipal Code Section 2-3.126, termination must be approved by three (3) members of the City Council at a regular or special meeting held in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.). The City Council is not required to provide a notice of causes or reasons for the termination and is not required to provide any type of hearing regarding the termination, including any type of "Skelly" hearing. If Employee is terminated, Employee shall have no right of appeal or grievance procedure.

The Employee shall not be removed from office, except for gross misconduct, during or within ninety (90) days following: (i) appointment of a new Council Member; or (ii) any general municipal election held in the City at which a City Council Member is elected. (b) Resignation.

Employee may resign from her employment as City Attorney upon giving thirty (30) days prior written notice to the City Council; provided, however, that notice shall not be required in the event Employee resigns pursuant to a request for resignation by the City Council. Employee shall be compensated during the notice period. Employee at Employer's sole option may be directed not to report to work during all or any part of the resignation notice period. (c) Automatic Termination.

This Agreement, and Employee's employment, shall automatically terminate, and Employee shall not be entitled to any severance compensation upon the happening of any of the following events:
(1) Upon mutual agreement in writing by both parties to terminate this Agreement. (2) Upon resignation given to City by Employee, except if the resignation is in response to a request for resignation from the City Council.
(3) Upon retirement from full-time public service with the City, pursuant to applicable PERS laws, rules and regulations. If Employee retires, Employee will provide six (6) months advance notice.
( 4) Upon death of Employee.
(5) Upon completion of the interactive process pursuant to applicable federal and state disability laws, if the City determines in good faith that it cannot provide reasonable accommodation for Employee's disability, illness, or legally recognized limitations without undue hardship, and Employee cannot perform the essential functions of the position with or without accommodation.
(6) Termination or removal for Cause.
(7) Expiration of the term of this Agreement or any extended term. ( d) Severance.

In the event Employee is terminated for a reason set forth in sub paragraphs 7(d) (1)-(5) of this Agreement, City shall pay to Employee as severance compensation a sum equal to the lesser of (i) six (6) months base salary or (ii) base salary for the number of months remaining on the term of this Agreement. Upon Employee's completion of three (3) years of employment with the City, the severance entitlement shall increase from six (6) months to nine (9) months of total compensation. 6 112
(1) The City terminates Employee without cause.
(2) The City reduces Employee's salary or other benefits in a greater percentage than applicable across-the-board reductions made by the City for other Management employees in the City and Employee elects to give thirty (30) days written notice of her resignation to the City Council. The written notification of resignation must be given within thirty (30) days of the reduction in Employee's salary or other benefits. (3) The City Council requests the resignation of Employee, and Employee resigns pursuant to that request.
(4) The City Attorney form of government is abandoned by action of the City Council, vote of the people, state legislation, or by any other means. (5) The position of City Attorney is eliminated by action of the City Council, vote of the people, state legislation, or by any other means.

The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall receive continuing health insurance plan coverage as allowed by law including dental and vision for the duration of the Severance Months from the effective date of termination. The City shall deduct the cost of such coverage (including premiums for Employee and any covered dependents) from Employee's severance compensation on a pre-tax basis to the extent permitted by law. For purposes of this provision, "Severance Months" means the actual number of months of severance compensation paid to Employee (whether six (6) months, nine (9) months after three years of service, or the lesser number of months remaining on the Agreement term). Pursuant to Government Code Section 53261, the continuing eligibility of Employee and Employee's dependents for health insurance plan coverage shall terminate should Employee obtain other employment.

The severance rights provided herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause.

Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly contingent on the mutual execution, delivery, and non-revocation of a General Release Agreement executed by and between the City and Employee.

It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
(e) Termination or Removal for Cause.

Notwithstanding any provision of this Agreement to the contrary, City may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, she shall not be entitled to payment of severance compensation or any other compensation or damages. "Cause" shall include the following reasons.
(1) Employee's breach ofthis Agreement.
(2) Conviction of any felony. Conviction of a crime, whether misdemeanor or a felony, 7 113
involving moral turpitude, or arising out of Employee's duties under this Agreement, or under the Political Reform Act, or any offense constituting an "abuse of office or position within the meaning of Government Code Section 53243.4, or under Government Code Section 1090 et. seq. For purposes of this paragraph, a plea of nolo contendere shall also be considered a conviction.
(3) Any willful or grossly negligent act or inaction of: material dishonesty; or that materially and adversely impedes or disrupts the operations of City or its organizational units; or is detrimental to employees or public safety; or is a violation of City established policies, rules, regulations, and procedures. (4) Dishonesty involving employment, including but not limited to falsification of any city report or record or of any report or record required to be, or filed by Employee. ( 5) Acceptance from any source of any emolument, reward, gift or other form of remuneration in addition to Employee's regular compensation, as a personal benefit to the Employee for actions performed in the normal course of Employee's assigned duties.
( 6) Resume fraud.
(7) Willful abandonment of the duties of the office of city Attorney. (8) Willful and intentional failure to carry out clear legal direction or legal order of the City Council made by the City Council as a body at a Brown Act compliant meeting. (9) Repeated and protracted unexcused absences from the office and duties of city Attorney.
(10) Continued abuse of drugs or alcohol that materially affects the performance of the duties of City Attorney.
(11) Willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent willful violation of properly established legal rules and procedures. (12) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, is detrimental to employee safety or public safety, violates properly and legally established rules or procedures, adversely affects the reputation of City, its officers or employees, or has a substantial and adverse effect on City's interests.

8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344). (a) In the event City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if she is subsequently convicted of a crime involving the abuse of her office or position.
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, she shall fully reimburse such funds to the City if she is subsequently convicted of a crime involving an abuse of her office or position.
( c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position. (See, Government Code Section 53243.2).
8 114
( d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.

9. Indemnification.

City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee's employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6.

City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.

10. Notices.

Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.

CITY:

EMPLOYEE:

City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
Mary F. Lerner
520 J Street
Los Banos, CA 93635
With a copy addressed to Employee at Employee's home address then shown in City's files.

11. Entire Agreement.

This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party. 9 115

12. Drafting of Agreement.

The Parties hereto acknowledge and agree that although this Agreement has been drafted by City's legal counsel, Employee has reviewed or had an opportunity to review the terms of this Agreement with Employee's legal counsel. Consequently, the doctrine that ambiguities in an agreement should be resolved against the drafting Party shall not be employed in connection with this Agreement and this Agreement shall be interpreted in accordance with its fair meaning.

13. Independent Review of Agreement.

Employee acknowledges that Employee has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that Employee has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or Employees other than those expressly set forth in this Agreement.

14. Modifications.

Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.

15. Effect of Waiver.

The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

16. Partial Invalidity.

If any provision in this Agreement is 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.

17. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution.

18. Attorney's Fees.

In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney's fees and costs. 10 116

19. Representations.

City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof.

20. Countemarts.

This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.

ATTEST:

Lucille L. Mallonee
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LOS BANOS
William A. Vaughn
City Attorney
"EMPLOYEE"
Mary F. Lerner
"CITY"
Michael S. Amabile
Mayor
11 117

DEFINITION

CITY OF LOS BANOS
Job Description

POSITION TITLE

DEPARTMENT

EMPLOYMENT CATEGORY

EMPLOYMENT LEVEL

CITY ATTORNEY

ADMINISTRATION
EXEMPT

MANAGEMENT
To plan, organize, direct manage and review the operations and services of the City Attorney's Office; to provide legal advice and representation to the City of Los Banos including to serve as legal advisor to the City Council, City Manager, City departments, boards, and commissions; to ensure decisions and policies are formulated for incidences of legal consequence; to represent the City in litigation; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex administrative support to the City Council.

SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Council. Exercises direct supervision over assigned management, supervisory, professional, technical and administrative support personnel.

EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Reliable and dependable attendance and punctuality.
• Assume full responsibility for all activities and services of the City Attorney's Office including the development and presentation of legal opinions and representation of the City's officers and employees in all legal matters pertaining to their operations. • Manage the development and implementation of department goals, objectives, and priorities for each assigned service area; recommend and administer policies and procedures.
• Establish, within City policy, appropriate service and staffing levels; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; and allocate resources accordingly.
• Assess and monitor work load, administrative and support systems, and internal reporting relationships; identify opportunities for improvements; and direct and implement changes.
• Plan, direct, and coordinate, through subordinate level staff, the City Attorney's Office work plan; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures; and meet with key staff to identify and resolve problems.
• Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; and implement discipline and termination procedures.

City Attorney

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• Oversee and participate in the development and administration of the department budget; approve the forecast of funds needed for staffing, equipment, materials, and supplies; and approve expenditures and implement budgetary adjustments as appropriate and necessary.
• Assist and advise the City Council regarding labor relations; oversee the preparation and/or draft of ordinances, resolutions, and other legislative documents. • Prepare complaints and represents the City in cases for court and administrative hearings.
• Serve as the primary legal advisor to the City as well as elected officials and staff including to serve as legal advisor to the City Council, City Departments, and City Boards and Commissions; provide sound, relevant, and up-to-date legal advice; and other options to all parties in the best interest of the City. • Oversee and/or investigate claims by or against the City; provide recommendations regarding legal positions and actions to be taken.
• Coordinate with various State and Federal agencies, as needed. • Prepare and supervise the preparation of City contracts, conveyances, and documents.
• Work with City staff and the public on a wide array of projects, processes, and topics. • Represent the City at conferences with community organizations and citizens; assist the City Clerk with reviewing conflict of interest documents and codes. • Prepare, research, review, develop, and present correspondence, memos, staff reports, proposed ordinances, resolutions, policies and procedures, and other legislation for City staff.
• With the understanding the City Attorney will evaluate capacity to effectively represent the City's interests and knowledge of the subject of the litigation: Represent the City in litigation cases including case preparation, pleadings, discovery law and motion calendar, court appearances, settlement negotiations, mediation, arbitration, legal research, and related matter; advising pursuing, compromising or dismissing litigations. The City Attorney will make recommendations regarding litigation matters to the City Council and work with the City Council in obtaining representation should outside counsel be recommended, required and/or necessary. The City Attorney cannot represent the City in any capacity where there are potential/actual conflicts.
• Represent and maintain communication between the City Attorney's Office to other departments, elected officials, the courts, other government agencies, professional groups, and other outside agencies or organizations; coordinate assigned activities with those of other departments and outside agencies and organizations; confer with department managers and staff regarding current and anticipated legal services requirements and issues; and analyze the feasibility of alternative approaches in meeting program needs.
• Explain, justify, and defend department programs, policies, and activities; negotiate and resolve sensitive and controversial issues.
• Attend all regularly scheduled staff meetings, City Council meetings, Planning Commission meetings, and any other meetings as requested or directed. • Maintains awareness of new trends and developments in the field of municipal law; and incorporates new developments as appropriate.
• Perform related duties as assigned.

City Attorney

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119
Knowledge of:
• Operations, services, and activities of a City Attorney's Office. • Principles and application of civil, Constitutional, and administrative law and procedure.
• Advanced methods and techniques of case management, prioritization, and control. • Methods and techniques for legal research, analysis, and writing. • California codes and statutes applicable to the functions and services of government agencies.
• Judicial procedure and rules of evidence.
• Computer legal research capabilities.
• Budget development and control.
• Principles of project planning, development, coordination, and direction. • Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases. • Pertinent federal, state, and local laws, codes and regulations.

Ability to:
• Manage and direct the work of the City Attorney's Office. • Develop and administer departmental goals, objectives, and procedures. • Properly interpret and make decisions in accordance with laws, regulations, and policies.
• Analyze and assess programs, policies, and operational needs and make appropriate adjustments.
• Identify and respond to sensitive community and organizational issues, concerns, and needs.
• Delegate authority and responsibility.
• Select, supervise, train, and evaluate staff.
• Prepare and administer the Department budget.
• Perform the most complex professional civil legal work and legal research. • Analyze facts and apply legal precedents and principles of litigation. • Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals. • Research, analyze, and evaluate new service delivery methods and techniques. • Prepare and present cases at all levels of the court system. • Direct the preparation of legal cases.
• Interpret and apply applicable federal, state, and local policies, laws, and regulations. • Communicate clearly and concisely, both orally and in writing. • Prepare clear and concise administrative and financial reports. • Ability to perform work in a standard office environment with some travel to different sites; occasional work outside; incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings; and continual contact with the public and other staff. • Primary functions require sufficient physical ability to work in an office setting; to stand or sit for extended periods of time; to occasionally stoop, bend, kneel, crouch, reach and twist; normal manual dexterity and eye-hand coordination; to life and move objects up to 25 pounds.

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• Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
• Establish and maintain effective working relationships with those contacted in the course of work.

MINIMUM QUALIFICATIONS
• Must be age eighteen (18) by date of application.
• Equivalent to completion of the twelfth grade.
• Possession of a valid California Class C driver license. • Active membership in good standing with the State Bar of California. • Any combination of training and experience which would likely provide the required knowledge and abilities is qualifying:
9/25
o Graduate from a college of law school accredited by the American Bar Association or the California State Bar Association with an advanced degree in law.
o Broad and extensive civil legal experience work, including experience in providing legal services for a government agency and two years in a supervisory or management capacity.

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122
LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Gary Brizzee, Interim City Manager ~ ;,, "J -t,,,"-- Lucy Mallonee, MMC~
City Clerk/Human Resources Director
DATE: October 1, 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Update to Salary Schedule
Recommendation:

Attached for your review and consideration is a resolution amending the City's salary schedule to incorporate the proposed pay range for the City Attorney position.

Discussion:

With the City Council's approval of the employment agreement with Mary Lerner, the salary schedule needs to be updated to reflect the agreed-upon monthly salary of $23,334, as may be granted at the discretion of the City Council.

Fiscal Impact:

There is currently sufficient funds in the 2025/2026 budget to cover the costs associated with the proposed employment agreement for the remainder of the fiscal year.

Reviewed by:

Attachments:

Resolution
ITEM 12
123
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING DIVISION 4,

SALARY SCHEDULE EMPLOYEE

CLASSIFICATIONS RELATING TO SECTION A -

ADMINISTRATION / CITY ATTORNEY
WHEREAS, the City Council of the City of Los Banos has received a request that Division 4 - Salary Schedule of the City Policy Manual be amended to reflect changes to amend the salary schedule to adjust the pay range of the City Attorney; and WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of October 1, 2025.

NOW, THEREFORE, BE IT RESOLVED that the amendments as identified in Division 4 of the City Policy Manual are hereby amended and shall read as attached on "Exhibit A".

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of October 2025 by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Michael S. Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
1 124
DIVISION 4

SALARY SCHEDULE
(Approved October 1, 2025 I Effective October 1, 2025)

EXHIBIT A
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY SECTION A-ADMINISTRATION -- ............... , "· ., ... • .. •.·.. . .. ' • ··· TOTAL POSITIONS AUTHORIZED {8) 1
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP3 STEP4 STEP 5 City Manager (1) 18,360-22,950 * * * * *
City Attorney (1) ~e.a24 2Q,eaa * * * * *
18, 667-23,334 * * * * *
Assistant City Manager (1), * 14,998 15,748 16,535 17,362 18,230 Human Resources Director (1) 12,336-15,751 * * * * *
Human Resources Analyst ( 1) * 6,726 7,062 7,415 7,786 8,175 Assistant City Clerk/Records Coordinator ( 1) * 5,696 5,981 6,280 6,594 6,924 HR Technician I (2) * 4,510 4,736 4,973 5,222 5,483
Admin Clerk (0)
Admin Clerk II * * 3,975 4,174 4,383 4,602 4,832
Admin Clerk I * * 3,335 3,502 3,677 3,861 4,054
1 Assistant City Manager position is authorized but unfunded.

STEP6
*
*
*
19,142
*
8,584
7,270
5,757
5,074
4,257
125

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126
LOsBanos
tfionna
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Joe Heim, Acting Public Works Dire~
William A. Vaughn, City Attorney
DATE:

SUBJECT:

October 1, 2025
ORDINANCE AMENDING CHAPTER 16 OF TITLE 3 OF THE LOS BANOS

MUNICIPAL CODE RELATING TO CONTRACTING FOR PUBLIC

WORKS PROJECTS - (UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNT! NG ACT)
TYPE OF REPORT: Regular Agenda
Recommendation:

Staff recommends that the City Council waive the first reading and adopt Ordinance No. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING CHAPTER 16 OF TITLE 3 OF THE LOS BANOS MUNICIPAL

CODE RELATING TO CONTRACTING FOR PUBLIC WORKS

PROJECTS (UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING ACT)
Background:

Governor Gavin Newsom signed into law AB 2192 on September 29, 2024. This new law made several changes to UPCCAA requirements. In short, the new law raised the bidding thresholds and broadened the definition of a "public project" to include installations involving any publicly owned, leased, or operated facility. Additionally, AB 2192 enhanced the powers of the California Uniform Construction Cost Accounting Commission by requiring the Commission to review the accounting procedures of any ITEM 13
127
participating public agency where an interested party presents evidence that the work undertaken by the public agency has been split or separated into smaller work orders or projects, as specified, and would make conforming changes, as well as review noncompliance with bidding procedures for the publication or posting and electronic transmission of notice inviting formal bids. These changes went into effect on January 1, 2025.

Discussion
In order to maintain consistency with the CUPCCAA requirements as amended by AB 2192, staff is recommending that the Los Banos Municipal Code, specifically Chapter 16, Title 3 be updated. The following is a summary of the proposed revisions:

Under existing law, UPCCAA provides for the development of cost accounting standards and an alternative method for the bidding of public works projects by public entities. It defines "public project" to include, among other things, construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

AB 2192 modified the definition of "public project" to additionally include installations involving any publicly owned, leased, or operated facility.

AB 2192 increases the various bid thresholds that were codified in the existing UPCCAA statue. Specifically, AB 2192 authorized public projects of $75,000 or less (prior law $60,000 or less) to be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order, authorizes public projects of $220,000 or less (prior law $200,000 or less) to be let to contract by informal procedures, and requires public projects of more than $220,000 to be let to contract by formal bidding procedures (prior law more than $200,000). The new law also permits the governing body of a public agency, in the event all bids received for the performance of that public project are in excess of $220,000, to award the contract at $235,000 or less to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable.

Fiscal Impact:

Approval of this item will not result in net City cost.

Conclusion:

Staff recommends that the City Council waive the first reading and introduce Ordinance No. __
128
Gary Brizz.J.Cm City Manager '@riaL ~ 6'1-1:d.ifJ
Minerva Moreno,"nance Director
Attachments:

Proposed Ordinance
Redline of Current Municipal Code Sections
129
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING CHAPTER 16 OF TITLE 3 OF THE LOS BANOS MUNICIPAL

CODE RELATING TO CONTRACTING FOR PUBLIC WORKS

PROJECTS (UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING ACT)
WHEREAS, the City Council of the City of Los Banos finds and declares that due to changes in the Public Contracts Code of the State of California (AB 2192), Chapter 16 of Title 3 of the Los Banos Municipal Code, relating to Contracting For Public Works Projects requires updating and revision; and
WHEREAS, the subject Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not a project as defined in Section 15378, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:

Section 1. Section 3-16.030 is hereby amended to read as follows:

Sec. 3-16.030 Public projects-General bid limits.
(a) Public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.
(b) Public projects of two hundred twenty thousand dollars ($220,000) or less may be let to contract by the informal procedures prescribed in Section 3-16.040. (c) Public projects of more than two hundred twenty thousand dollars ($220,000) shall, except as otherwise provided in this chapter, be let to contract by the formal bidding procedures prescribed in Section 3-16.050 of this chapter. 1 130
Section 2. Section 3-16.040 is hereby amended to read as follows:

Sec. 3-16.040 Public projects-Informal bidding procedures.

The following shall govern the selection of contractors when a public project which is anticipated to fall within the monetary limits on informal bids described in subsection (b) of Section 3-16.030 is to be performed:
(a) The City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the project. (b) The City shall mail the notice to all contractors for the category of the work to be bid, as shown on the list of contractors developed and maintained by the Department of Public Works in accordance with criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission ("Commission"). (c) The City may also mail the notice to all construction trade journals specified by the Commission for the County of Merced. Additional contractors and/or construction trade journals may also be notified at the discretion of the Director of Public Works; provided, however: (1) if the City has not prepared a list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission; and (2) if the product or service is proprietary in nature such that it can be legally obtained only from a certain contractor(s), the notice inviting informal bids may be sent exclusively to such contractor( s ).
(d) All mailings of notices to contractors and construction trade journals pursuant to this section shall be completed not less than 10 calendar days before bids are due. ( e) The City Manager shall have the authority to award informal contracts pursuant to this section with a value of seventy-five thousand dollars ($75,000) or less pursuant to the findings and recommendations presented by the Director of Public Works. Such contracts shall have the prior approval of, and be executed by, the City Manager and shall be approved as to form by the City Attorney. All contracts with a value in excess of seventy-five thousand dollars ($75,000) to be awarded pursuant to this section shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of 10% of the original contract amount, unless otherwise modified by City Council at the time of the award of the contract.
(f) If all informal bids received exceed two hundred twenty thousand dollars ($220,000) and the City Council determines that the cost estimate was reasonable, the 2 131
City Council may award the contract to the lowest responsible bidder at up to two hundred thirty five thousand dollars ($235,000) by resolution approved by a four fifths vote of the City Council. Such contracts shall be executed by the Mayor and approved as to form by the City Attorney. Otherwise, such work shall be awarded to the lowest responsible bidder pursuant to the formal bid procedures prescribed in Section 3-16.050 of this chapter.

Section 3. Section 3-16.080 is hereby amended to read as follows:

Sec. 3-16.080 Public projects-Award of formal bid contracts.

All contracts for public work with a value of more than two hundred twenty thousand dollars ($220,000) shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of ten ( 10%) percent, or as otherwise modified by City Council at the time of the award. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder. The determination of the "lowest responsible bidder'' shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Director of Public Works at the time of award of contract. In determining the lowest responsible bidder, the following shall be considered by the City Council, in addition to price:
(a) The ability, capacity and skill of the bidder to perform the contract or provide the services required;
(b) Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference; (c) The sufficiency of the bidder's financial resources to perform the contract or provide the service;
(d) The ability of the bidder to provide future maintenance and services where such maintenance and service is essential;
(e) The quality and timeliness of the bidder's performance on previous contracts for the City;
(f) Litigation by the bidder on previous contracts with the City; (g) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(h) The bidder is licensed under the Contractors' State License Law (commencing with Section 7000 of the Business and Professions Code of the State of California, as the 3 132
same may be amended from time to time) to perform the work for which it submitted a bid proposal.

Section 4. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.

Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 6. The proposed amendments to the Los Banos Municipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601 (b )(3) and is not subject to environmental review.

Section 7. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Introduced by Council Member and seconded by Council Member ______ on the __ day of _____ , 2025.

Passed on the __ day of _____ , 2025 by the following vote:

AYES: Council Members
NOES:
4 133
ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
5 134
§ 3-16.030. Public projects-General bid limits.
(a) Public projects of Sixty Thousand and No/1 Oaths ($60,000.00) Dollars or less seventy-five thousand dollars ($75,000) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order. (b) Public projects of Two Hundred Thousand and No/100ths ($200,000.00) Dollars or less two hundred twenty thousand dollars ($220,000) or less may be let to contract by the informal procedures prescribed in Section 3-16.040. (c) Public projects of more than Two Hundred Thousand and No/100ths ($200,000.00) Dollars of more than two hundred twenty thousand dollars ($220,000) shall, except as otherwise provided in this chapter, be let to contract by the formal bidding procedures prescribed in Section 3-16.050 of this chapter. § 3-16.040. Public projects-Informal bidding procedures.

The following shall govern the selection of contractors when a public project which is anticipated to fall within the monetary limits on informal bids described in subsection (b) of Section 3-16.030 is to be performed:
(a) The City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the project. (b) The City shall mail the notice to all contractors for the category of the work to be bid, as shown on the list of contractors developed and maintained by the Department of Public Works in accordance with criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission ("Commission"). (c) The City may also mail the notice to all construction trade journals specified by the Commission for the County of Merced. Additional contractors and/or construction trade journals may also be notified at the discretion of the Director of Public Works; provided, however: (1) if the City has not prepared a list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission; and (2) if the product or service is proprietary in nature such that it can be legally obtained only from a certain contractor(s), the notice inviting informal bids may be sent exclusively to such contractor( s ).
(d) All mailings of notices to contractors and construction trade journals pursuant to this section shall be completed not less than 10 calendar days before bids are due. 135
(e) The City Manager shall have the authority to award informal contracts pursuant to this section with a value of Sixty Thousand and No/1 Oaths ($60,000.00) Dollars or less seventy-five thousand dollars ($75 ,000) or less pursuant to the findings and recommendations presented by the Director of Public Works. Such contracts shall have the prior approval of, and be executed by, the City Manager and shall be approved as to form by the City Attorney. All contracts with a value in excess of Sixty Thousand and No/1 Oaths ($60,000.00) Dollars seventy-five thousand dollars {$75,000) to be awarded pursuant to this section shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of 10% of the original contract amount, unless otherwise modified by City Council at the time of the award of the contract.
(f) If all informal bids received exceed :PNo Hundred Thousand and No/100ths ($200,000.00) Dollars two hundred twenty thousand dollars ($220,000) and the City Council determines that the cost estimate was reasonable, the City Council may award the contract to the lowest responsible bidder at up to Tv.fQ Hundred T\venty Thousand and No/1 00ths ($220,000.00) Dollars two hundred thirty five thousand dollars ($235,000) by resolution approved by a four fifths vote of the City Council. Such contracts shall be executed by the Mayor and approved as to form by the City Attorney.

Otherwise, such work shall be awarded to the lowest responsible bidder pursuant to the formal bid procedures prescribed in Section 3-16.050 of this chapter.

Sec. 3-16.080 Public projects-Award of formal bid contracts.

All contracts for public work with a value of more than Tv.io Hundred Thousand and No/100ths ($200,000.00) Dollars two hundred twenty thousand dollars {$220,000) shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of ten (10%) percent, or as otherwise modified by City Council at the time of the award. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Director of Public Works at the time of award of contract. In determining the lowest responsible bidder, the following shall be considered by the City Council, in addition to price:
(a) The ability, capacity and skill of the bidder to perform the contract or provide the services required;
(b) Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference; 136
(c) The sufficiency of the bidder's financial resources to perform the contract or provide the service;
( d) The ability of the bidder to provide future maintenance and services where such maintenance and service is essential;
(e) The quality and timeliness of the bidder's performance on previous contracts for the City;
(f) Litigation by the bidder on previous contracts with the City; (g) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(h) The bidder is licensed under the Contractors' State License Law ( commencing with Section 7000 of the Business and Professions Code of the State of California, as the same may be amended from time to time) to perform the work for which it submitted a bid proposal.
137

THIS PAGE IS INTENTIONALLY LEFT BLANK
138
TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor & City Council Members
Joe Heim, Acting Public Works Dire>
October 1 , 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Award of Construction Contract to Archer Civil Construction LLC and Approval of a Budget Amendment for the Wastewater Treatment Plant (WWTP) Pond 2 Levee Repair Project
Recommendation:

Staff recommends that the City Council take the following actions:
• Adopt a Resolution awarding the construction contract for the Wastewater Treatment Plant (WWTP) Pond 2 Levee Repair Project to Archer Civil Construction LLC in the amount of $1,070,732.40 and authorize the City Manager to execute the agreement.
• Approve a budget adjustment decreasing appropriations in 502-433-100-238 by $400,000.00.
• Approve a budget amendment increasing appropriations in 502-433-100-726 by $1,338,415.50 to fully fund the project.

Background:

The WWTP Pond 2 levee is an essential part of the City's wastewater system, providing containment and protection for treatment operations. Over time, erosion and settlement have weakened the levee embankment, creating concerns for long-term stability and ' regulatory compliance.

To address these issues, the City enlisted Stantec to prepare construction plans and specifications for the repair of the levee. The project includes restoring and reinforcing the embankment, reconstructing slopes, and completing related site improvements necessary to maintain the integrity of the pond.

The project was advertised for competitive bidding, and bids were publicly opened on August 28, 2025. Archer Civil Construction LLC submitted the lowest responsive and ITEM 14
139
responsible bid, and staff is recommending award of the contract along with authorization of a total project budget to cover construction, contingency, and necessary support services.

Discussion:

Staff enlisted the services of Stantec to design and prepare the project bid documents.

The City received five bids for the WWTP Pond 2 Levee Repair Project, which were publicly opened on August 28, 2025:

Bidder
Archer Civil Construction LLC
Cal Valley Construction
Eclipse Construction Services, Inc.

Remedial Transportation Services, Inc.

Graniterock
Location
Tulare, Ca
Fresno, Ca
Bakersfield, Ca
Shafter, Ca
San Jose Ca
Bid Amount
$1,070,732.40
$1,143,180.00
$1,298,463.00
$1,307,150.00
$1,483,080.00
Archer Civil Construction LLC was determined to be the lowest responsive and responsible bidder.

The bid results exceeded both the Fiscal Year 2025-2026 budget appropriation of $400,000.00 and the engineer's estimate of approximately $800,000.00. This variance was unexpected but is attributable to current market conditions and the specialized nature of levee repair, which requires extensive earthwork and quality assurance measures.

While costs are higher than anticipated, the project represents a necessary repair to critical wastewater infrastructure. The repair is 7,686 ft in length. Proceeding with this work will protect the integrity of Pond 2, maintain regulatory compliance, and avoid the potential for costly emergency failures. Staff therefore recommends award of the project to Archer Civil Construction LLC and approval of a budget amendment to fully fund the total project.

Upon review, the Finance Department is requesting an adjustment from the line item 502-433-100-238 to 502-433-100-726 for capital tracking purposes. This will result in an adjustment in the 502-433-100-238 line item, decreasing appropriations by $400,000.00. And an amendment to the 502-433-100-726 line item, increasing appropriations by $1 ,338,415.50. These actions will reallocate available funds within the budget to ensure sufficient funding is available for the total project cost, including construction, contingency, construction support services, and related expenses.

Fiscal Impact:

The construction contract with Archer Civil Construction LLC is $1,070,732.40. Including contingency, construction support, and related expenses, the total project budget is $1,338,415.50. Of this amount, $400,000.00 is already appropriated in the Fiscal Year 2025-2026 Wastewater Enterprise Fund budget.

To fully fund the project, the following budget actions are required:
• Adjustment: Decrease appropriations in 502-433-100-238 by $400,000.00. • Amendment: Increase appropriations in 502-433-100-726 by $1,338,415.50. 140
Reviewed by:
/53
Gary Brizzee,~ City Manager
Attachments:

Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Site Photos
~areno, Finance Director
141
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AWARDING THE

CONSTRUCTION CONTRACT FOR THE

WASTEWATER TREATMENT PLANT (WWTP)
POND 2 LEVEE REPAIR PROJECT TO ARCHER

CIVIL CONSTRUCTION LLC AND APPROVING A

BUDGET ADJUSTMENT AND BUDGET

AMENDMENT
WHEREAS, the City of Los Banos has identified the repair of the Wastewater Treatment Plant (WWTP) Pond 2 levee as a critical infrastructure project necessary to ensure long-term stability, regulatory compliance, and continued wastewater treatment operations; and
WHEREAS, the project includes restoring and reinforcing the levee embankment, reconstructing slopes, and completing related site improvements necessary to maintain the structural integrity of Pond 2; and
WHEREAS, the project was advertised for competitive bidding, and on August 28, 2025, five (5) bids were received and publicly opened; and WHEREAS, Archer Civil Construction LLC, submitted the lowest responsive and responsible bid in the amount of $1,070,732.40; and
WHEREAS, the total project budget, including construction, contingency, construction support services, and related expenses, is $1,338,415.50; and WHEREAS, of this total, $400,000.00 is already appropriated in the Fiscal Year 2025-2026 Wastewater Enterprise Fund budget; and
WHEREAS, to fully fund the project, a budget adjustment is required to decrease appropriations in line item 502-433-100-238 by $400,000.00 and a budget amendment is required to increase appropriations in line item 502-433-100-726 by $1,338,415.50.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1 . Award the construction contract for the Wastewater Treatment Plant (WWTP) Pond 2 Levee Repair Project to Archer Civil Construction LLC in the amount of $1,070,732.40 and authorize the City Manager to execute the agreement on behalf of the City.

2. Approve a total project budget of $1,338,415.50 to include construction, contingency, construction support services, and related expenses.

3. Approve a budget adjustment decreasing appropriations in line item 502-433- 100-238 by $400,000.00.

4. Approve a budget amendment increasing appropriations in line item 502-433- 100-726 by $1,338,415.50.
142
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of October 2025, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Michael Amabile, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
143
LOsBanos
A.r tlte Crossroads of California

BID OPENING

CONSTRUCTION OF WASTEWATER TREATMENT PLANT
POND 2 LEVEE REPAIR
August 28, 2025 - 2:00 PM

1. Eclipse Construction Services, Inc.

2. Remedial Transportation Services, Inc.

3. Cal Valley Construction

4. Graniterock

5. Archer Civil Construction LLC
Signed: J..{ ~ ~C
Vionna Lin
Assistant City Clerk/Records Coordinator
~ d g vm.£Lo JeenedeMelo
Administrative Coordinator
$ 1,298,463.00
$1,307,150.00
$ 1,143,180.00
$1,483,080.00
$ 1,070,732.40
Dated: August 28, 2025
144
Site photos and Site Map - WWTP Pond #2:
---==·
145
When recorded mail to:

CITY OF LOS BANOS
5201 STREET
LOS BANOS, CA 93635

PROOF OF PUBLICATION
(2015.5 C. C. P.)

STATE OF CALJFORNIA,
County of Merced,
I am a citizen of the United States and a resident of
the county aforesaid; I am over the age of
twenty-one years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of THE WESTSIDE EXPRESS, P.O. Box
2422, Los Banos, CA 93635, a newspaper of general
circulation, published in Los Banos, California in the
City of Los Banos, County of Merced, and which
newspaper has been adjudged a newspaper of general
circulation, by the Superior Court of the County of
Merced, State of California. That the notice, of which
the annexed is a printed copy (set in type not smaller
than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:

July 30, 2025
I certify or declare under penalty of perjury that the
foregoing is true and correct.

Dated at Los Banos,
This July 30, 2025
"~~ l&,,bvtJI Signature
This space is for the County Clerk's Filing Stamp
Proof of Publication of

PUBLIC NOTICE
~for Ilda

CITY OF LOS BANOS
520JStreet
Los Banos, California 513635
Notice Is hereby glYen that separate
sealed bids for the award cf contract
for the c-structlon of w..w..e.,
1'rNtment "-Pllacl 2 a.- Rapalr
wlll be received 11.,' the City of Los Banos at
the office of the Oty Clerk until 2:00 p.m.

Pacific Standard Time, August 26, 2025
and then at said office publldy opened
and read aloud. •
The major wor1<; consls1S of Pond 2
leYl!e repair that includes dealing and
grubbing. placement of earthfill, and
roddilt located at 17963 W. Henry MIiler
Road, Los Banos, CA
The time for complellon shall be slicty (60)
worlclngdays. .

The Contract Doaments, In 1helr entrety,
can be viewed and/or obtained fnxn
the 0ty of Los llano5 website It WWW.
losbanos.org or at the following locatlons:

Central Callfomla Builders E>ocha~
(www.cencalbx.com)
Builders Exchange of Stockton (wfflv.
besonUne.com)
Valley BuHders Exchange. Inc. (www.
valleybx.com)
Builders Excha~ of Santa Clara County
(www.bxscco.com)
Dodge Data & Analytics (www.
construction.com/plans.I)
A payment bond prepared and execulll!d
In accordance with Callfomia Clvll Code
Section 51550 and a bond for lillthful
performance of the contract wll be
required of the suca!SSful bidder who is
awarded the contract.

The successful bidder must comply with
the latest general prevalHng rate of per
diem wages as determined by the Director
of Industrial Relations, State of Callfornla,
Department of Industrial Reliltlons and
Is to be paid to the various aaftsmen
and ~ required to construct said
lmprwements and is made • pert of the
specifications and contract for said wortc
to whldl refer~ Is hereby made for
further partkulars.

No contractor or subcontrac:tor may
be listed on a bid proposal Of awaided
a contract for public worlc on a public
works project unless registered with
the Department of Industrial Relations
pursuant to Labor Code section 17255.

This project Is sut>;ect to compllance
monltortng and enforcement by the
Department of Industrial Relations.

Contractor ,eglstratlon lnfonnatlon can
bel'oundat:
bl:tp;//www,dh:,ca pgv/Puhffc-Wocbt
Pl/blkWorhbtrnf
Each bid shall be accompanied 11.,'
cashier's or certilied dledc or by a bidder's
bond, made payable to the City of Los
Banos and @llt!CUll!d by a corporate surety
licensed to issues~ bonds 1n the s~
of Caltfomla, for Ill amount equal to at
least ten petcent (1(11J6J of the amount of
said bid and no bid shall be considered
unless such cashier's or certified check or
The
bidder's-bond
successful
is
bidder
enda5ed
cl this
~
"J,roject shall
haw the followtng current and active
Callfomla State Contractor's 1Jcense at
the time of the submission of the bid and
throughout the duration of the c.ontract: ClusA.
l'rospectjve bidders are required to attend
a mandatory pre-bid meeting on August
13, 2025. The address for the mandatory
meeting Is 17963 W. Henry MIiier Road,
Los Banos, CA 9363S.Thestart11mefi>rthe
.-ingls 10a.m.sharp.

Bick wllf - be _......, ,_
bidden who . - not • pli,slcally In
attendance at the 1111ndatary pre-111c1
...ung.

Bidders shall mer to the Contract
Document's lnfonnatlon for Bidders for
complete instructions.

Bidders are solely iesponslble for the cost
of preparing their bids.
lhe City Speclfically feseNeS the rf9ht, In
its sole discretion, to ~ all)' or aN bids,
to ~-bid, or to waJve
inconsequential defects. In bidding not
Involving time, or quality of the wortc. The
City may reject any and al bids and waive
any minor lm!gularitfes In the bids.

July 30, 2025
WEX#ll-140
146
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2025 by and between the City of Los Banos, a California municipal corporation ("Owner") and Archer Civil Construction, LLC, a corporation ("Contractor'').

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "Wastewater Treatment Plant Pond 2 Levee Repair." The work is generally described as follows:
• Repair of Pond 2 levee that includes clearing and grubbing, placement of earthfill, and rockfill located at 17963 W. Henry Miller Road, Los Banos, CA. • Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.

2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.

3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eight Hundred Dollars ($ 2,000.00) for each day that passes after the time specified in Paragraph 2 herein.

4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).

5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.

6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
147
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Stantec Consulting Services entitled "WWTP Pond 2 Levee Repair", dated July 3, 2025.
(N) Drawings prepared by Stantec Consulting Services numbered 1 through 6. (0) Addenda No. 1, dated August 20, 2025; Addenda No. 2, dated August 22, 2025; Addenda No. 3, dated August 25, 2025.

There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.

7. MISCELLANEOUS.

A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.

B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.

D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act 148
(Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.

F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.

IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.

Date
ATTEST:

Lucille L. Mallonee
City Clerk

APPROVED AS TO
FORM:

William A. Vaughn
City Attorney
Date
By:

Title:

By:

Title:
(Seal if Corporation)
---------------- Authorized Representative of Owner
(City)
- ---------------
---------------- Authorized Representative of
Contractor
(Attach Acknowledgement for Authorized Representative of Contractor) 149

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TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Acting Public Works Director~
October 1 , 2025
TYPE OF REPORT: Agenda Item
SUBJECT: Pioneer Road Complete Streets Project Update
Recommendation:

Staff recommends that the City Council receive the update on the Pioneer Road Complete Streets Project, including outcomes of the September 9, 2025 community workshop, and provide direction to move forward with the future segments of the project.

Background:

The Pioneer Road Complete Streets Project is a long-range transportation initiative identified in the City's circulation planning efforts and formally approved by City Council in January 2021. The project responds to decades of growth pressure along State Route 152 (Pacheco Boulevard) and the need to provide a safe, efficient east-west alternative for residents, commuters, and goods movement.

The Pioneer Road Complete Streets Project is designed to address several critical needs facing Los Banos. Without improvements, traffic modeling shows that by 2046 many intersections along both SR 152 and Pioneer Road will deteriorate to failing levels of service, creating severe congestion and delays. At the same time, truck volumes through the corridor continue to climb, which further compounds bottlenecks and raises safety concerns.

In addition to vehicle demands, the corridor currently suffers from gaps in bicycle and pedestrian connectivity. Sidewalks, bike lanes, and crossings are inconsistent, leaving residents without safe and reliable options for non-vehicular travel. By extending and improving Pioneer Road, the City will create a parallel arterial to SR 152, giving motorists a true alternative for east-west circulation and reducing dependence on the highway for local trips.

ITEM 15
151
Finally, the project supports broader sustainability goals. Reducing congestion not only improves mobility but also cuts down on idling and emissions, helping to improve air quality and align with regional climate objectives. Together, these needs make the Pioneer Road corridor a top priority for long-term mobility, safety, and quality of life in Los Banos.

The City has adopted a Complete Streets framework for the Pioneer Road corridor to ensure that the project serves all users including vehicles, pedestrians and cyclists.

Planned improvements include upgraded intersections and safety enhancements that address today's traffic challenges while preparing for future growth. The project also integrates new bicycle and pedestrian facilities consistent with the City's BicyclePedestrian Plan, creating a connected network that promotes active transportation.

In addition, drainage and landscaping upgrades will improve both functionality and aesthetics along the corridor. Finally, the roadway design balances efficiency with demand by incorporating both two-lane and four-lane segments, ensuring the corridor is scaled appropriately for traffic volumes while maintaining neighborhood compatibility.

Because of its scale and projected cost of more than $100 million, the Pioneer Road Complete Streets Project is being delivered in multiple phases over the next two decades. The full corridor extends approximately 6.5 miles, from east of Highway 152 near Merced College to Highway 152 at Ward Road. To align with available funding sources, including MCAG, Caltrans, and federal programs, many of which are structured in multi-year cycles, the project is phased at roughly three-year intervals.

The first effort is currently underway at the intersection of Pioneer Road and Ortigalita Road. This work began in 2025 under a $6.67 million contract approved by the City Council. Improvements included installing a permanent traffic signal. A temporary fourway stop is expected to be operational by November 2025, with full completion scheduled for March 2026.

Subsequent phases will extend and improve the corridor in sequence:
• Segment 1 (2029): Pioneer & SR 165 intersection.
• Segment 2 (2032): Extension to Ward Road.
• Segment 3 (2035): Mid-corridor improvements.
• Segment 4 (2038): Central corridor improvements.
• Segment 5 (2041 ): Western extension.
• Segment 6 (2044): Final west-end connection and alignment to SR 152.

This phased approach ensures that the City can leverage external funding opportunities as they become available, while steadily building out the corridor to meet long-term mobility and safety needs.

A public meeting was held on September 9, 2025 at the Los Banos Community Center.

Mailers were distributed to corridor residents and businesses to encourage participation.

Discussion:

The Pioneer Road Complete Streets Project is designed to address several critical needs facing Los Banos. Without improvements, traffic modeling shows that by 2046 many intersections along both SR 152 and Pioneer Road will deteriorate to failing levels 152
of service, creating severe congestion and delays. Truck volumes through the corridor continue to climb, compounding bottlenecks and raising safety concerns.

In addition, the corridor currently suffers from gaps in bicycle and pedestrian connectivity. Sidewalks, bike lanes, and crossings are inconsistent, leaving residents without safe and reliable options for non-vehicular travel. By extending and improving Pioneer Road, the City will create a parallel arterial to SR 152, reducing dependence on the highway for local trips.

The project also supports broader sustainability goals: reducing congestion, improving mobility, cutting down on idling and emissions, and aligning with regional climate objectives. The City has adopted a Complete Streets framework for the corridor, with planned improvements including upgraded intersections, bicycle and pedestrian facilities consistent with the Bicycle-Pedestrian Plan, drainage and landscaping upgrades, and a roadway design that balances efficiency with neighborhood compatibility.

Approximately 30 community members attended the September 9, 2025 community engagement meeting, providing staff with valuable feedback and raising questions that underscored both the opportunities and challenges of the corridor's long-term buildout.

The presentation covered project purpose, benefits, phasing, and conceptual renderings, but much of the evening was devoted to open dialogue with residents.

Residents described current challenges with congestion and voiced concern that additional medians or restricted turning movements could contribute to backups, particularly during school drop-offs and at high-volume intersections.

The area around 11th Street and the bus stop near Blackhills Avenue was highlighted as a trouble spot, where parents already encounter delays during peak pick-up and drop-off periods. In addition, questions were raised about the bridge widening proposed as part of the future four-lane section and about parking near the H.G. Fawcett Canalside Trail entrance.

Many participants expressed strong interest in understanding how conditions would be managed to ensure safe access for school traffic and emergency vehicles. These concerns will be most relevant as the City approaches the central corridor phases of the project, scheduled for 2035 and beyond, providing time to plan carefully and work with the community on traffic management strategies.

The workshop also prompted discussion about residential quality of life. Homeowners asked how curb and gutter improvements along Pioneer might affect their properties and whether adjacent homes could see changes in their tax assessments. Concerns were also expressed about noise, vibration, and higher traffic volumes. While these are valid issues, participants also acknowledged that the broader community stands to benefit from improved circulation, safety, and connectivity once the project is complete.

Public safety was another prominent theme. Some residents noted that Fire Station 4 could ultimately benefit from more reliable east-west connections, though questions remain about how medians and access changes might affect response times. Others asked whether law enforcement coverage would fall to City or County officers depending on where an incident occurred. These questions highlight the importance of continued coordination with public safety as the design advances. 153
Finally, a number of localized items were raised, including how speed limits would be set and enforced, and comments were received about the ongoing work at the Ortigalita and Pioneer intersection. Staff committed to reviewing these issues further and ensuring that feedback is carried forward into project planning.

Although the questions were challenging, the overall sentiment of the meeting was constructive. Residents acknowledged the scale of the project and the importance of planning ahead, even if there are near-term inconveniences. The dialogue reinforced the need for Public Works to actively receive, track, and respond to community input and to ensure consistent noticing so all residents feel informed.

Looking forward, staff will continue detailed environmental and technical studies, covering air quality, noise, traffic operations, and community impacts, while pursuing phased funding through MCAG, Caltrans, and federal partners. Updates will be provided to both the City Council and regional agencies, beginning with this presentation on October 1 , 2025 and continuing with MCAG on October 24, 2025.

Fiscal Impact:

There is no financial impact associated to this staff report. The Pioneer Road Complete Streets Project is estimated to exceed $100 million, with phased implementation through 2044. Funding sources will include MCAG, state and federal grants, and potential development contributions. The City's financial commitments will depend on phasing and grant outcomes.

The first construction phase at Ortigalita Road, approved in February 2025 at $6.67 million, is fully funded and currently underway.

Reviewed by:

GaryBrizzee
Interim City Manager
Attachments:

Site photos
Minefva ~ reno
Finance Director
154
Site Photos:
155

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,r OsBanos
At tlrt' Crossroads of California
Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC~
City Clerk/Human Resources Director
DATE: October 1, 2025
SUBJECT: Announcement of City Commission Vacancies
TYPE OF REPORT: Informational Item
Recommendation:

No action to be taken. Informational item only.

Discussion:

The City Clerk must report to the City Council current and upcoming vacancies on City Commissions. Vacancies will be advertised in the local newspaper, on the City's website, on City social media platforms and on the bulletin board located outside of City Hall. The deadline to submit an application to serve on a City Commission is Wednesday, November 26, 2025 and the appointments are tentatively scheduled for the City Council meeting of Wednesday, January 21, 2026.

Reviewed by:
a~. Interim City Manager
Attachment:

Notice of Vacancy
District Electoral Map
Local Commission Appointment List
ITEM 16
157
LOsBanos
At the Crossroads of California

NOTICE OF VACANCIES ON CITY COMMISSIONS
Notice is· hereby given that the City of Los Banos is now accepting applications from citizens 18 or older residing within the City limits of Los Banos interested in serving on the following City Commissions/Committees:

Airport Advisory Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2027 Measure H Citizens' Oversight Committee - Two (2) Vacancies Two (2) Two (2) Year Terms - Expiring December 31, 2027 Measure P Committee- Four (4) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2028 One (1) Unexpired Term - Expiring December 31, 2027
Parks & Recreation Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2027 Planning Commission - One (1) Vacancy
One (1) Unexpired Term in District 1* - Expiring December 31, 2028 *A District Electoral Map can be found on the City's website at:
https://losbanos.org/wp-content/uploads/2022/03/Draft-B.pdf Tree Commission - Three (3) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2027 The various commissions meet once a month, twice a month, or quarterly and serve as advisory bodies to the City Council and Administrative Officials on such actions as they deem necessary, proper or advisable for the proper administration of City functions.

Commissioners receive no compensation for their time, although they may be requested to attend training workshops or seminars at City expense. If you are interested in volunteering to serve on any of the City Commissions, are a resident of the City of Los Banos and at least eighteen (18) years of age, please contact the City Clerk's Office at City Hall, 520 J Street, 827-2448 to request an application or access an application on the City's website: www.losbanos.org. The deadline to submit an application to the City Clerk is Wednesday, November 26, 2025 before 5:00 p.m., and the appointments are tentatively scheduled for the City Council meeting of Wednesday, January 21, 2026. 158
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Los Banos City CouncilOctober 1, 2025

Los Banos City Council
October 1, 2025