Mendota City Council
March 3, 2026

Minutes of City Council Meeting 1 February 17, 2026

MINUTES OF MENDOTA

REGULAR CITY COUNCIL MEETING
Regular Meeting February 17, 2026
Meeting called to order by Mayor Martinez at 6:04 p.m.

Roll Call
Council Members Present: Mayor Victor Martinez, Mayor Pro Tem Jose Alonso, and Council Members Libertad “Liberty” Lopez and
Jesus “Jesse” Mendoza
Council Members Absent: Council Member Joseph R. Riofrio Flag salute led by Mayor Pro Tem Alonso
Invocation led by Police Chaplain Robert Salinas

FINALIZE THE AGENDA

1. Adjustments to Agenda.

2. Adoption of final Agenda.

A motion was made by Mayor Pro Tem Alonso to adopt the agenda, seconded by Council Member Lopez; unanimously approved (4 ayes, absent: Riofrio).

PRESENTATION

1. City Council to proclaim the month of February 2026 as “Teen Dating Violence Awareness Month” and present the proclamation to the Marjaree Mason Center.

Mayor Martinez introduced the item and deferred to Mayor Pro Tem Alonso to read the proclamation into the record.

Jessica Sailor with the Marjaree Mason Center shared information about the organization’s work and the kNOw More program.

Minutes of City Council Meeting 2 February 17, 2026
Travis Kirby, principal of Mendota High School, commented on the positive impact that the kNOw More program has had on students, and thanked Ms. Sailor and the Marjaree Mason Center for their work and services.

The City Council commented on Teen Dating Violence Awareness Month; the prevalence of negative influences that can lead to teen dating violence; ways to identify unhealthy relationships; the impact of the kNOw More Program; and thanked the Marjaree Mason Center for their work and services.

MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS

1. Council Member(s)
Council Member Lopez thanked those in attendance; commented on upcoming Mendota Community Corporation (“MCC”) and City events and programs, including the Silva Strong 5K Run and 2 Mile Walk; the Charitable Golf Tournament and the Autism Awareness Banner Program; encouraged community participation in events; and thanked the Council, staff and the community.

Mayor Pro Tem Alonso thanked the Council and staff for their work and thanked those in attendance.

Council Member Mendoza thanked those in attendance; commented on upcoming MCC and City events and programs, including the Inaugural Soccer Tournament; the Autism Awareness Banner Program; the Silva Strong 5K Run and 2 Mile Walk; the Charitable Golf Tournament; and the 2026 Mendota Fireworks Spectacular; requested a status update on improvements to the welcome signs on State Highways 180 and 33; requested a status update on the Public Utilities Department; thanked the Mendota Police Department (“MPD”) for maintaining the community safe and thanked staff for their work.

2. Mayor
Mayor Martinez thanked the MPD for their work in helping locate a missing child; thanked staff for their work; commented on the Community Center Project; thanked Assemblywoman Esmeralda Soria and Congressman Adam Gray for the funding they are providing for the Community Center project; commented on the status of the Divisadero Street Reconstruction project bid opening; stated he was invited by Congressman Gray to attend the 2026 State of the Union address and to speak on immigration; stated he was contacted by a reporter of the Los Angeles Times who authored the book Ecos Migrantes and expressed interest in presenting the book in the City as it includes stories of Mendota residents; thanked the community for allowing him to serve; encouraged everyone to become involved; and encouraged the community to be mindful that individuals may be facing different circumstances.

Minutes of City Council Meeting 3 February 17, 2026

PUBLIC COMMENT
Eric Payne stated that he is running for the office of Fresno County Board of Supervisors, District 1 and shared his background.

Sade Williams provided information on “Go Public Schools,” a non-profit organization.

At 6:36 p.m. Mayor Martinez left the Council Chambers and returned within the same minute.

APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING

1. Minutes of the regular City Council meeting of February 3, 2026.

2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.

A motion was made by Council Member Lopez to approve items 1 and 2, seconded by Mayor Pro Tem Alonso; unanimously approved (4 ayes, absent: Riofrio).

CONSENT CALENDAR

1. JANUARY 28, 2026 THROUGH FEBRUARY 6, 2026
a. WARRANT LIST CHECK NOS. 57561 THROUGH 57616
b. TOTAL FOR COUNCIL APPROVAL = $1,580,560.85

2. Proposed adoption of Resolution No. 26-06, authorizing final payment of retention to Marina Landscape, Inc. for the Rojas-Pierce Park Expansion Phase III – New Soccer Field Irrigation & Turf project.

3. Proposed ratification of letter of support for the LEAP Institute’s Capacity and Planning Grant proposal.

A motion was made by Mayor Pro Tem Alonso to approve items 1, 2 and 3 of the Consent Calendar, seconded by Council Member Mendoza; unanimously approved (4 ayes, absent:

Riofrio).

BUSINESS

1. City Council discussion and consideration of Resolution No. 26-05, updating the City of Mendota’s Facility Use Policy.

Mayor Martinez introduced the item and City Clerk Cabrera-Garcia provided the report.

Discussion was held on the report provided by City Clerk Cabrera-Garcia, including researching how other cities handle soccer field maintenance; ways to improve the facility Minutes of City Council Meeting 4 February 17, 2026
use deposit process; the benefits and drawbacks of allowing community members to have a practice day on the soccer fields in addition to games, and fees and deposits for use of the soccer fields.

Mayor Martinez opened the public comment period.

Twila Gonzalez commented on the item
Mayor Martinez closed the public comment period.

Discussion was held on the item.

Based on a City Council consensus, staff was directed to return with additional information based off the City Council’s discussion for further consideration at a future City Council meeting.

DEPARTMENT REPORTS AND INFORMATIONAL ITEMS

1. Animal Control, Code Enforcement, and Police Department a) January Monthly Logs
Interim Chief of Police Renteria provided the monthly update for the Code Enforcement Department; and provided an update on a juvenile burglary that took place in the City.

Discussion was held on ways to address an increase in juvenile burglaries in the City, including educating the youth on consequences of burglaries, and collaborating with the Mendota Unified School District to address the increase in juvenile burglaries; a possible joint walk out immigration protest between Mendota Junior High School and Mendota High School students; enforcing a zero tolerance policy for vehicles with loud exhausts and emitting loud music; continuing to work to address stray dogs; looking into ways to bring additional spay and neuter clinics to the City; and the City Council thanked Interim Chief Renteria and the MPD for their work.

2. City Attorney
Assistant City Attorney Castro stated he had nothing to report but would be happy to answer any questions.

Discussion was held on the condition of a house on Lolita Street, including what is being done to address the safety concerns of the house and the concerns of nearby residents.

3. City Manager
City Manager Gonzalez provided an update on the Divisadero Street Reconstruction project bid opening.

Minutes of City Council Meeting 5 February 17, 2026
Discussion was held on the Divisadero Street Reconstruction project bid opening; the status of the Divisadero and Inez Street Reconstruction project bid opening; the 2025 Local Street Reconstruction project; a mandatory pre-bid meeting for the Community Center project; the timeline of the Community Center project once bids are received; a groundbreaking ceremony for the Community Center project; an update on the Public Utilities Department including aging water infrastructure and possibly conducting a study to look at the water rates in the City; the 2nd Street Stormwater Improvement project; art related grant opportunities; possibly installing additional solar lights on Lolita Street; and the City Council commended the Public Works Department for their work in dealing with the rain, thanked City Manager Gonzalez for his work, and thanked staff for their work.

At 7:42 p.m. Council Member Lopez left the Council Chambers and returned at 7:43 p.m.

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APNs 012-160-25S, 012-190-56, 012-190-25ST, 012-190-09T, and 012- 190-26ST
Agency Negotiator: Cristian Gonzalez, City Manager
Negotiating Party: Westlands Water District
Under Negotiation: Price and Terms of Payment

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 013-061-18T
Agency Negotiator: Cristian Gonzalez, City Manager
Negotiating Party: Central Cali Health and Fitness
Under Negotiation: Price and Terms of Payment
At 7:47 p.m., the City Council entered into Closed Session.

At 8:08 p.m., the City Council reconvened in Open Session, at which time Assistant City Attorney Castro reported that there was no reportable action on Items 1 and 2.

ADJOURNMENT
With no further business, the meeting adjourned at 8:08 p.m. based on a motion by Mayor Pro Alonso, seconded by Council Member Mendoza, and unanimously approved (4 ayes, absent: Riofrio).
_______________________________
Victor Martinez, Mayor
Minutes of City Council Meeting 6 February 17, 2026
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk

CITY OF MENDOTA

CASH DISBURSEMENTS
2/11/2026 - 02/24/2026
CK# 057617 - 057681
Check Date Check Number Check Amount Vendor Name Department Description February 11, 2026 57617 $ 199,528.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 1/26/2026 - 2/08/2026 February 12, 2026 57618 $ 350.04 ADT SECURITY SERVICES GENERAL, WATER, SEWER SECURITY SERVICES DMV & CITY HALL 2/13/2026 - 3/12/2026 February 12, 2026 57619 $ 1,712.25 COMCAST GENERAL, WATER, SEWER CITYWIDE XFINITY SERVICES 2/06/2026 - 3/05/2026 February 12, 2026 57620 $ 1,433.00

EMPLOYER DRIVEN INSURANCE
SERVICES GENERAL BILLING SUMMARY FOR MARCH 2026
February 12, 2026 57621 $ 2,953.78 EINERSON'S PREPRESS GENERAL, WATER, SEWER (12) 12,000 LEFT-HAND WINDOW ENVELOPES ( #10,BLACK INK) & (10,000) UTILITY BILLS ( 8.5X11,BLACK INK, PRINTED)
February 12, 2026 57622 $ 148.11 GUTHRIE PETROLEUM INC WATER (2) 1/5 CHEV 6-ST OIL 68 - OIL CHANGE FOR MOTORS ON WELLS 7 - 9 February 12, 2026 57623 $ 290.00 VICTOR MARTINEZ GENERAL PER DIEM TO ATTEND THE U.S. STATE OF THE UNION IN WASHINGTON DC FROM 2/22/2026 - 2/25/26
February 12, 2026 57624 $ 15,867.31

WANGER JONES HELSLEY PC

ATTORNEYS GENERAL, WATER, SEWER

LEGAL SERVICES - GENERAL & SPECIAL LEGAL SERVICES FOR JANUARY 15, 2026
February 17, 2026 57625 $ 16.35 ACE TROPHY SHOP GENERAL NAME PLATE - ( RENTERIA ) FOR THE POLICE DEPARTMENT February 17, 2026 57626 $ 747.47 AT&T GENERAL, WATER, SEWER CITYWIDE TELEPHONE SERVICES 12/25/2025 - 1/24/2026 February 17, 2026 57627 $ 4,896.00 BSK ASSOCIATES WATER, SEWER

WASTEWATER & WATER QUALITY TESTING - GENERAL EDT, WEEKLY BOD/TDS GRAB SAMPLES, BATCI, NITRATE, TTHM/HAA5, & 123TCP February 17, 2026 57628 $ 3,815.78 CALIFORNIA BUSINESS MACHINES GENERAL, WATER, SEWER COPIER CONTRACT SERVICE - BASE JANUARY 2026 (USAGE DECEMBER 2025) & BASE FEBRUARY 2026 (USAGE JANUARY 2026)
February 17, 2026 57629 $ 167.28 FLEX TECHNOLOGY GROUP LLC GENERAL, WATER, SEWER LOW DENSITY, HIGH DENSITY & MONO/COLOR LINES February 17, 2026 57630 $ 184.48 CORELOGIC INFORMATION GENERAL, WATER, SEWER REAL QUEST SERVICES FOR JANUARY 2026 February 17, 2026 57631 $ 81,764.75 FLAGSTAR FINANCIAL & LEASING LLC WATER, SEWER SOLAR GENERATING FACILITIES & INTEGRATED SWITCHGEAR & VFD February 17, 2026 57632 $ 19,177.96 FRESNO COUNTY SHERIFF GENERAL, WATER DISPATCH SERVICES & RMS /JMS ACCESS FEE FOR FEBRUARY 2026 February 17, 2026 57633 $ 400.00 INSYARATH, KHAMPHOU GENERAL POLICE DEPARTMENT STATISTICS FOR JANUARY 2026 February 17, 2026 57634 $ 249.10 METRO UNIFORM GENERAL
POLICE DEPARTMENT UNIFORM - (1) FRICTION LOCK EXPANDABLE BATON - 21" & (1) FRICTION BATON HDR BBW
February 17, 2026 57635 $ 177.03 MUNIQUIP, LLC SEWER
LIFT STATION PUMP #2 REPAIRS - (2) SOCKET HEAD (4) IMP/FLANGE (7) ORINGS February 17, 2026 57636 $ 258.82 R.G. EQUIPMENT COMPANY GENERAL (4)TRIMMER LINE.105 LG SPOOL BLACK VORTEX FOR PARKS February 17, 2026 57637 $ 8,442.88 TRASHCANS WAREHOUSE REFUSE (6) SPLIT TWO-STREAM RECYCLING & WASTE BARREL LIFT - OFF LID

CONFIGURABLE FOR CAL RECYCLE BEVERAGE GRANT
February 17, 2026 57638 $ 420.85 UNION PACIFIC RAILROAD COMPANY STREETS PUBLIC ROADWAY ENCROACHMENT FOR MARCH 2026 February 20, 2026 57639 $ 728.04 ACME ROTARY BROOM SERVICE STREETS (1) 58" ALL PRO SCHWARZE STRIP BRUSH SET FOR STREET SWEEPER February 20, 2026 57640 $ 517.28 AFLAC GENERAL AFLAC INSURANCES FOR FEBRUARY 2026 February 20, 2026 57641 $ 58.76 AIRGAS USA, LLC WATER RENTAL OF SMALL CARBON DIOXIDE CYLINDER - JANUARY 2026 February 20, 2026 57642 $ 664.00 CINTAS CORPORATION NO. 2 GENERAL, WATER, SEWER

FIRST AID KIT SUPPLIES POLICE DEPARTMENT, CITY HALL, PUBLIC

WORKS, WATER TREATMENT PLANT, WASTEWATER TREATMENT
February 20, 2026 57643 $ 620.00 CITY AUTO GLASS GENERAL, WATER, SEWER 2025 CHEVY TAHOE - (1) SHADED WINDSHIELD REPLACEMENT, & (2)

REPAIR KITS
February 20, 2026 57644 $ 1,105.70 COMCAST BUSINESS GENERAL

FRESNO COUNTY SHERIFFS MENDOTA POLICE DEPARTMENT CIRCUIT JANUARY 2026
February 20, 2026 57645 $ 217,220.24

FRESNO COUNTY FIRE PROTECTION

DISTRICT GENERAL
FY25/26 FIRE PROTECTION SEVICES FOR CITY OF MENDOTA & CALFIRE ADMINISTRATIVE RATE JULY - DECEMBER 2025
February 20, 2026 57646 $ 65.00 GONZALEZ, CRISTIAN GENERAL

PER DIEM TO ATTEND HOUSING - CONSTRAINTS PANEL DISCUSSION IN SACRAMENTO, CA ON 2/24/2026
February 20, 2026 57647 $ 6,541.92 HUMANA INSURANCE COMPANY GENERAL DENTAL, VISION, & LIFE INSURANCE FOR MARCH 2026

CITY OF MENDOTA

CASH DISBURSEMENTS
2/11/2026 - 02/24/2026
CK# 057617 - 057681
February 20, 2026 57648 $ 900.00 iCAD INC. SEWER
(4) HOURS - WASTEWATER TREATMENT PLANT HMI REPAIR & FLOAT

SWITCH REPLACEMENT FOR LIFT STATION
February 20, 2026 57649 $ 606.60 M.C REPAIRS FULL DIAGNOSTIC GENERAL 2018 JEEP UNIT 90 - DIAGNOSED EVAP SYSTEM LEAK; REPLACED GATES

MICRO RIB SERPENTINE BELT & DRIVE BELT PULLEY
February 20, 2026 57650 $ 1,613.47 MENDOTA 1 SMOG GENERAL, WATER, SEWER POLICE VEHICLE MAINT. - MULTIPLE UNITS OIL & FILTER CHANGES,

BATTERY & SENSOR REPLACEMENT, & SMOG INSPECTIONS
February 20, 2026 57651 $ 28.42 YAMILET MENDOZA GENERAL MILEAGE REIMBURSEMENT FOR URGENT OFFICE DEPOT PICKUP ( W-9'S, 1099'S, AND ENVELOPES)
February 20, 2026 57652 $ 3,069.38 NORTHSTAR CHEMICAL WATER (900) SODIUM HYPOCHLORITE - 12.5% MILLA MEETS NSF/ANSI February 20, 2026 57653 $ 225.00 RED WING BUSINESS ADVANTAGE AC WATER, SEWER (1) BOOT REPLACEMENT PER MOU FOR PUBLIC UTILITIES AND WORKS

DEPARTMENT
February 20, 2026 57654 $ 225.00 SAN JOAQUIN VALLEY AIR WATER, SEWER VIOLATION & PROPOSED SETTLEMENT CASE #C26-0069 February 20, 2026 57655 $ 510.00 TECH MASTER PEST MANAGEMENT GENERAL, WATER, SEWER

PEST CONTROL SERVICES CITY HALL/DMV/YOUTH CENTER, WATER

DIVISION BLDS, PUBLIC WORKS, POLICE DEPARTMENT & DOG POUND February 20, 2026 57656 $ 573.50 THE BUSINESS JOURNAL GENERAL

PUBLIC NOTICES - BID INVITATION FOR NEW COMMUNITY CENTER &

BIDS FOR TWO METAL SHADES STRUCTURES FOR PARKS
February 20, 2026 57657 $ 120.00 TOP DOG TRAINING CENTER GENERAL K-9 MAINTENANCE TRAINING - OFFICER LOPEZ & YANOSH 2/2/2026 February 20, 2026 57658 $ 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC. GENERAL, WATER, SEWER CONSULTING SERVICES FOR THE MONTH OF FEBRUARY 2026 February 20, 2026 57659 $ 72.61 MARIA ELENA TREJO LOPEZ WATER MQ CUSTOMER REFUND FOR TRE0004 (CHECK MISPLACED BY

RESIDENT)
February 20, 2026 57660 $ 518.07 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICES FOR 1/19/2026, 2/05/2026 & 2/12/2026 February 20, 2026 57661 $ 371.84 VULCAN MATERIALS COMPANY STREETS (3.35) COLD MIX 3/8" FOR STREETS; ENVIRONMENTAL FEE - AGG &

ASPHALT
February 24, 2026 57662 $ 46,465.83 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR MARCH 2026 February 24, 2026 57663 $ 809.26 AMAZON CAPITAL SERVICES, INC GENERAL, WATER, SEWER FEBRUARY 2026 - CITY HALL, POLICE DEPARTMENT & ANIMAL CONTROL

SUPPLIES ENVELOPES, PAPER, DOG LEASH, PLANNER
February 24, 2026 57664 $ 9,247.10 STANTEC CONSULTING SERVICE SEWER GROUND WATER SAMPLING & SAMPLING 4TH QUARTER FOR 2025 February 24, 2026 57665 $ 155.32 EXCEL SIGN CO. GENERAL DUI ENFORCEMENT DECAL FOR POLICE DEPARTMENT MOTORCYCLE February 24, 2026 57666 $ 1,070.00 FASTECH STREETS
FUELING AND SERVICE FOR STREETS - (1) DOMINIC ARMSTRONG, MISC

FEE, AND MONTHLY PM
February 24, 2026 57667 $ 900.00 TJ LAW & ASSOCIATES INVESTIGATION GENERAL (1) LAW ENFORCEMENT BACKGROUND INVESTIGATION FOR THE POLICE

DEPARTMENT
February 24, 2026 57668 $ 306.49 LEAF GENERAL, WATER, SEWER (2) KYOCERA COPIER SYSTEMS FOR FEBRUARY 2026 February 24, 2026 57669 $ 914.01 MCCLATCHY MEDIA COMPANY, LLC GENERAL

THE FRESNO BEE ADVERTISING AND PUBLISHING RECRUITMENT FOR CHIEF OF POLICE ( 7 ADS )
February 24, 2026 57670 $ 874.12 MUNICIPAL MAINTENANCE EQUIPMENT STREETS (1) S-69373 FAN AND AIR COOLER FOR STREET SWEEPER February 24, 2026 57671 $ 1,309.30 RAMON'S TIRE & AUTO SERVICES GENERAL, WATER, SEWER

PD VEHICLE MAINTENANCE - OIL CHANGES, SUSPENSION REPAIRS, TIRE

REPLACEMENT, AND TIRE PATCHINGS
February 24, 2026 57672 $ 2,325.00 RAPID GROUND TRANSPORT, LLC WATER, SEWER STOCK PILES (3) AGGREGATE TRANSPORT LOADS OF RECYCLED BASE ROCK
February 24, 2026 57673 $ 945.89 SIGNMAX STREETS
(1) 36" X 36" HIP ALUMINUM SIGN AND (2) 36" X 36" POLICE DEPARTMENT

BADGE ARROW SIGN FOR STREETS
February 24, 2026 57674 $ 4,570.76 SORENSEN MACHINE WORKS

GENERAL, WATER, SEWER,
STREETS JANUARY 2026 CITYWIDE DEPARTMENT SUPPLIES
February 24, 2026 57675 $ 1,346.00 TELSTAR INSTRUMENTS SEWER ANNUAL CALIBRATION OF LAB EQUIPMENT FOR WASTEWATER February 24, 2026 57676 $ 1,702.00 THE BUSINESS JOURNAL STREETS

PUBLIC NOTICE- REQUESTING BIDS FOR QUALIFIED CONTRACTORS FOR

THE DIVISADERO STREET RECONSTRUCTION PROJECT
February 24, 2026 57677 $ 669.17
T.ROWE PRICE RETIREMENT PLAN

SERVICES GENERAL, WATER, SEWER
401K SUMMARY FOR ADMINISTRATIVE & RECORDKEEPING SERVICES BILLING PERIOD OCTOBER - DECEMBER 2025
February 24, 2026 57678 $ 200.00 UNITED HEALTH CENTERS GENERAL (1) PRE-EMPLOYMENT PHYSICAL EXAM FOR THE POLICE DEPARTMENT February 24, 2026 57679 $ 187.61 UNIFIRST CORPORATION WATER, SEWER CLEANING SUPPLIES - (2) WET MOPS (2) MOP - UNFRAMED AND (4) CITY

OF MENDOTA MATS

CITY OF MENDOTA

CASH DISBURSEMENTS
2/11/2026 - 02/24/2026
CK# 057617 - 057681
February 24, 2026 57680 $ 822.24 VERIZON WIRELESS GENERAL, WATER, SEWER CITYWIDE CELLPHONE SERVICES 1/07/2026 - 2/06/2026 February 24, 2026 57681 $ 66.96 WECO GENERAL, WATER, SEWER RENT CYL ACETYLENE #4, OXYGEN D & OXYGEN K 12/31/2025 - 1/31/2026 $ 659,243.13
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE FOURTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE

CITY OF MENDOTA AND BB LIMITED, LP
DATE: MARCH 3, 2026
ISSUE
Should the City Council adopt Resolution No. 26-07, approving the Fourth Amendment to the Lease Agreement between the City of Mendota and BB Limited, LP?

BACKGROUND
On December 14, 1999, the City entered into a Lease Agreement with BB Limited, LP, granting the City the right to obtain and extract potable water from Lessor’s property in Fresno County for domestic supply purposes. In exchange, the City replaces the potable water extracted with nonpotable water suitable for irrigation, consistent with the terms of the Lease.

The Lease was originally established with a twenty-five (25) year term, which expired on November 30, 2024. On November 26, 2024, the City Council approved the Third Amendment to the Lease Agreement, extending the term through November 30, 2025.

The Lease arrangement has been mutually beneficial to both parties and has supported the City’s ability to provide reliable water service to residents.

ANALYSIS
The City and BB Limited, LP desire to enter into a Fourth Amendment to extend the Lease term for an additional one-year period, through November 30, 2026.

This extension will provide both parties additional time to continue discussions, research, and evaluate long-term options regarding the future of the Lease Agreement and related water supply arrangements.

All other terms and conditions of the Lease remain in full force and effect.

FISCAL IMPACT
The Fourth Amendment does not create new fiscal obligations beyond those already established in the Lease Agreement.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-07, approving the Fourth Amendment to the Lease Agreement between the City of Mendota and BB Limited, LP. 2 Attachments:

1. Resolution No. 26-07

2. Exhibit “A” – Fourth Amendment to the Lease Agreement 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE FOURTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY

OF MENDOTA AND BB LIMITED, LP
WHEREAS, the City of Mendota (“City”) is empowered to protect the health and safety of its citizens; and
WHEREAS, as outlined in Title 13 of the Mendota Municipal Code, the City provides and operates water and sewer public utility services to ensure its citizens have access to clean, safe, and reliable water services; and WHEREAS, on December 14, 1999, the City entered into a Lease Agreement (the “Lease”) with BB Limited, LP (“Lessor”), granting the City the right to obtain and extract potable water for domestic supply purposes from Lessor’s real property in Fresno County, California; and
WHEREAS, among other things, the Lease provides a reciprocal obligation for the City to replace the amounts of potable water it pumps from Lessor’s property with the City’s own supplies of non-potable water that is suitable for irrigation purposes; and WHEREAS, to their respective benefit and the benefit of the public at large, the City and Lessor have performed the Lease for more than twenty-five years; and WHEREAS, the Lease’s original twenty-five-year term expired on November 30, 2024; and
WHEREAS, on November 26, 2024, the City and Lessor approved the Third Amendment to the Lease Agreement extending the term through November 30, 2025; and
WHEREAS, the City and Lessor wish to amend the Lease to extend its term for an additional year to provide them additional time to thoroughly research, discuss, and negotiate the future of the Lease.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota as follows:

1. The City Council hereby approves the Fourth Amendment to the Lease Agreement, as attached hereto as Exhibit “A.”
2 2. The City Manager is authorized to negotiate with Lessor and make such minor modifications as are reasonably required to finalize said amendment extending the term of the Lease; and

3. The City Manager, or their designee, is authorized to execute all documents required to effect said amendment extending the term of the Lease. ______________________________
Victor Martinez, Mayor
ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A

FOURTH AMENDMENT TO LEASE AGREEMENT
This Fourth Amendment to Lease Agreement (“Amendment”) is entered into for reference purposes as of November 26, 2025, by and between BB Limited, a California limited partnership (“Lessor”), and the City of Mendota, a municipal corporation of the State of California (“Lessee”), with reference to the following facts and intentions:

A. Lessor and Lessee are parties to that certain Lease Agreement dated December 14, 1999, as amended by that Amendment to Lease Agreement dated March 12, 2001, that Second Amendment to Lease Agreement dated February 14, 2003, and that Third Amendment to Lease Agreement dated November 26, 2024 (collectively, the “Lease”), regarding certain real property in the County of Fresno, State of California, as further described in the Lease; and B. Lessor and Lessee desire to amend the Lease as set forth in this Amendment.

NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration the receipt of which is acknowledged, Lessor and Lessee agree as follows:

1. Extension of Term. Section 2.1 of the Lease is amended to provide that the initial Term of the Lease shall end on November 30, 2026, unless sooner terminated as provided in the Lease (as amended by this Amendment). Lessee’s option to extend the Term pursuant to Section 2.2 of the Lease will continue to apply upon the expiration of the initial Term as extended by this Amendment.

2. Adjustment to Rent. Effective as of December 1, 2025, the annual rent provided for in Section 3.1.1 of the Lease and the additional rent provided for in Section 3.5 of the Lease will be adjusted pursuant to the provisions of Section 3.4 of the Lease. The rent due under Sections 3.1 and 3.5 of the Lease will continue to be adjusted pursuant to the provisions of Section 3.6 of the Lease if Lessee exercises Lessee’s extension options pursuant to Section 2.2 of the Lease.

3. Definitions. Unless the context otherwise requires, capitalized terms contained in this Amendment that are not otherwise defined in this Amendment shall have the same meaning as provided for in the Lease.

4. Survival. Except as expressly amended in this Amendment, the terms and conditions of the Lease will continue in full force and effect. [Signatures Contained on Following Page]
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the date first written above.

BB LIMITED CITY OF MENDOTA
(“Lessor”) (“Lessee”)
By: Beyond Blanchard, LLC By: __Cristian Gonzalez_____________ Its: General Partner Its ______________________________ By: ________________________ By:

Arlene Ward, Manager
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM RESTRICTED GRANT

AGREEMENT BETWEEN THE CITY OF MENDOTA AND THE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE MENDOTA GRAFFITI &

LITTER ABATEMENT PROJECT
DATE: MARCH 3, 2026
ISSUE
Should the City Council adopt Resolution No. 26-08, approving the Clean California Local Grant Program Restricted Grant Agreement between the City of Mendota and the State of California Department of Transportation (“CALTRANS”) for the Mendota Graffiti & Litter Abatement project?

BACKGROUND
The State of California Department of Transportation (“CALTRANS”) administers the Clean California Local Grant Program pursuant to California Streets and Highways Code Section

91.41. The program provides grant funding to local agencies to support litter abatement, graffiti removal, and beautification efforts within public spaces.

The City of Mendota (“City”) submitted a grant application for the Mendota Graffiti & Litter Abatement Project. The proposed project aligns with the goals of the Clean California Program by addressing litter accumulation, graffiti removal, and overall beautification within the community.

CALTRANS has prepared a Restricted Grant Agreement to formalize the award and authorize the City to receive grant funds for project implementation.

ANALYSIS
The Restricted Grant Agreement sets the terms for the City to receive and manage the State grant funds. The agreement begins on April 1, 2026, or once approved by CALTRANS, and ends on November 1, 2027. Council approval is required before it can be executed, and the City must follow all program guidelines and reporting requirements. Once approved and a Notice to Proceed is received from CALTRANS, the City can begin the Mendota Graffiti & Litter Abatement Project.

FISCAL IMPACT
The project will be funded through the Clean California Local Grant Program, with CALTRANS providing up to $134,625.00 in reimbursable grant funds. The City is required to provide a $10,000.00 local match. Grant funds will reimburse eligible project costs, and there is no 2 additional impact on the General Fund beyond the local match and any required administrative oversight.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-08, approving the Clean California Local Grant Program Restricted Grant Agreement between the City of Mendota and the State of California Department of Transportation (CALTRANS) for the Mendota Graffiti & Litter Abatement project.

Attachments:

1. Resolution No. 26-08

2. Exhibit “A” – Clean California Local Grant Program Restricted Grant Agreement 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM RESTRICTED GRANT

AGREEMENT BETWEEN THE CITY OF MENDOTA AND THE STATE OF

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE

MENDOTA GRAFFITI & LITTER ABATEMENT PROJECT
WHEREAS, the State of California Department of Transportation (“CALTRANS”) administers the Clean California Local Grant Program pursuant to California Streets and Highways Code Section 91.41; and
WHEREAS, the Clean California Local Grant Program provides restricted grant funding to local agencies to support litter abatement, graffiti removal, and beautification of public spaces; and
WHEREAS, the City of Mendota (“City”) submitted a grant application for the Mendota Graffiti & Litter Abatement Project, which aligns with the goals and priorities of the Clean California Program; and
WHEREAS, CALTRANS and the City intend to enter into a Restricted Grant Agreement to provide State restricted grant funds to the City for implementation of the Mendota Graffiti & Litter Abatement Project pursuant to the Approved Grant Application WHEREAS, the Restricted Grant Agreement will commence on April 1, 2026, or upon approval by CALTRANS, whichever occurs later, and will expire on November 1, 2027.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby approves the Clean California Local Grant Program Restricted Grant Agreement between the City of Mendota and the State of California Department of Transportation (CALTRANS) for the Mendota Graffiti & Litter Abatement Project, as attached hereto as Exhibit “A.”
AND BE IT FURTHER RESOLVED, that the City Manager, or their designee, is hereby authorized to execute the Restricted Grant Agreement and any amendments thereto, and to execute all documents necessary to implement and administer the Agreement.
______________________________
Victor Martinez, Mayor
2 ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Mendota, hereinafter referred to as AGENCY, will commence on April 1, 2026, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on November 1, 2027.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives;

4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives:
a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities.
d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants.
e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population.
f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits grants from funding projects that displace persons experiencing homelessness. This City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

reflects the intention to address public space improvements without negatively impacting vulnerable populations.
g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics.

5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of local agencies partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects;

7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation;

8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;

9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address waste management challenges, graffiti mitigation, and public space beautification, thereby contributing to create cleaner, safer, and more equitable public spaces throughout California;

10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California;

11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;

12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this RGA to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program.

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in the Mendota Graffiti & Litter Abatement project hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

6. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Funds State General Fund (0001)
Budget Item 2660-130-0001
State Program Code

20.30.010.900
FY 2025/26 $134,625.00
$134,625.00
Local Match Local Match $ 10,000.00
Total Project Cost $144,625.00
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

8. Notification of Parties
a. AGENCY’s Project Manager for Project is Cristian Gonzalez @ 559-860-8882. b. CALTRANS’ District Partnership Primary Liaison is Jennifer Nishikawa @ 559-824-9501 and secondary Liaison is Rene Sanchez @ 559-906-0627, “District Partnership Liaison” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Mendota
Attention: Cristian Gonzalez
Phone Number: 559-860-8882
Email: [email protected]
643 Quince Street
Mendota, California 93640
California Department of Transportation, District Partnership Liaison (District 6/Clean California)
Attention: Jennifer Nishikawa, Office Chief, D6 Maintenance Phone Number: (559) 824-9501
[email protected]
City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

1352 W. Olive Ave
Fresno, California 93728

9. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on April 1, 2026, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than November 1, 2027.

Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2027. Work incurred after November 1, 2027, will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2027. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2027 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

10. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $134,625.00.
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein.

12. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2025/26 Budget. Payment for any work performed that is funded by FY 2025/26 will be delayed if the FY 2025/26 Budget is not signed by June 30, 2025. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.

14. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients, shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison
g. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until June 30, 2027, to make final allowable payments to Project contractors or vendors, and November 1, 2027, to submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor.
l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2027.

15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

16. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

17. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

18. Iran Contracting Act
AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

19. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

22. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

23. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

25. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

26. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

29. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

30. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement.

AGENCYalso agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

33. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison

34. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than November 1, 2027.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit if invoices are submitted after November 1, 2027.

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

35. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

36. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

37. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

38. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

39. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

Section IV
Attachments:

The following attachments are incorporated into and are made a part of this RGA by this reference and attached hereto.

I. Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program Guidelines II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

City of Mendota
Agreement Number 06-CCEP-10
AMS ADV ID: 0626000188

AGENCY NAME
By (signature):

Printed Name:

Title:

Date:

CALTRANS DISTRICT PARTNERSHIP LIAISON

CLEAN CALIFORNIA PROGRAM
By (signature):

Printed Name:

Jennifer Nishikawa
Title:

D6 Clean California District Partnership Liaison
Date:

CALIFORNIA DEPARTMENT OF TRANSPORTATION

CLEAN CALIFORNIA PROGRAM
By (signature):

Printed Name:

Walter Yu
Title:

Clean California Program Director
Date:
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MICHAEL OSBORN, CITY ENGINEER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: AWARDING THE CONSTRUCTION CONTRACT FOR THE DIVISADERO STREET RECONSTRUCTION PROJECT TO AJ EXCAVATION, INC. IN THE AMOUNT OF $684,685.00 DATE: MARCH 3, 2026
ISSUE
Should the City Council adopt Resolution No. 26-09, awarding the construction contract for the Divisadero Street Reconstruction Project to AJ Excavation, Inc. in the amount of $684,685.00?

BACKGROUND
Divisadero Street is functionally classified as a collector west of Juanita Street and is eligible to received federal aid dollars. In 2017, the City of Mendota (“City”) reconstructed Divisadero Street from Marie Street to Lolita Street. The City applied for and was awarded Surface Transportation Block Grant (“STBG”) funds in 2024 through Fresno Council of Governments’ (“FCOG’s”) competitive call for projects to reconstruct Divisadero Street from Lolita Street to Juanita Street. The City Engineer and staff worked with Caltrans and FCOG to accelerate the programming of the funds.

The City has completed right of way clearance, environmental review (CEQA & NEPA) and construction documents. On November 3, 2025, Caltrans gave the City authorization for construction funding.

The request for bids was initially advertised in the Business Journal and construction documents (plans and specifications) were made available to contractors through local Builder’s Exchanges on Friday, January 16, 2026 and advertised again on Friday, January 23, 2026. On Tuesday, February 17, 2026 at 2:00 p.m. the public bid opening was held at City Hall. Fourteen (14) general contractors attended and submitted bids, along with staff and the City Engineer. The bids were as follows:
2 CONTRACTOR BASE BID AMOUNT
AJ Excavation, Inc. $684,685.00
Avison Construction $730,860.00
Juarez Brothers General Engineering $749,049.65
Asphalt Design by Juan Gomez $772,534.00
Cal Valley Construction $774,928.00
Terra West Construction $796,844.00
Agee Construction $818,865.00
American Paving Co. $1,178,437.10
JT2, Inc. dba Todd Companies $867,500.00
Dave Christian Construction Co. $887,191.50
Walsh Montgomery Construction, Inc. $925,054.00
Mac General Contracting, Inc. $969,404.50
Granite Construction Company $983,518.45
Central Valley Asphalt $1,037,467.00

ANALYSIS
The City Engineer has reviewed the submitted bid packages. The apparent lowest bidder, AJ Excavation, Inc. and their bid package was reviewed and found to be complete and responsive.

AJ Excavation has a good reputation for street projects and is a licensed Class A contractor. In 2015 they reconstructed 6th Street and Perez Street.

The Engineer’s Estimate for the project was $1.1 million, so this bid received present a good value to the City.

We will work with the contractor for scheduling, but work is anticipated to start in April and be completed in June.

FISCAL IMPACT
The City has been awarded and authorized to utilize $ 985,157.00 in federal STBG funding.

The lowest responsive and responsible bid price is significantly lower than the Engineer’s Estimate and fits within the budget. The City will submit for and receive reimbursement for

88.53% of the project costs (approximately $606,651.00). We are working with Caltrans to determine what can be done with the balance of STBG funds. Additional expenses to the City will be for Construction Engineering (Administration, Management and Testing services). City (“Local”) expenses will be paid for out of the City’s Enterprise Street Fund (Gas Tax, LTF, Measure C) and were budgeted for in the adopted Fiscal Year 2025-2026 Annual Budget. This project will not impact the General Fund.
3 RECOMMENDATION
Staff recommends that the City Council adopt resolution 26-09, awarding the construction contract for the Divisadero Street Reconstruction Project to AJ Excavation, Inc. in the amount of $684,685.00.

Attachment:

1. Resolution No. 26-09
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA AWARDING

THE CONSTRUCTION CONTRACT FOR THE DIVISADERO STREET
RECONSTRUCTION PROJECT TO AJ EXCAVATION, INC. IN THE AMOUNT OF $684,685.00
WHEREAS, the City of Mendota (“City”) owns and maintains the public street right-of-way of Divisadero Street; and
WHEREAS¸ in 2024 the City of Mendota was awarded $985,157.00 in Federal Surface Transportation Block Grant (“STBG”) by the Fresno Council of Governments during their regional completive bid for the reconstruction of Divisadero Street (“Project”); and
WHEREAS, Divisadero Street from Lolita Street to Juanita Street (project limits) is functionally classified as a collector and eligible to receive federal funding; and WHEREAS, all right-of-way and environmental (CEQA & NEPA) clearances have been obtained; and
WHEREAS, on November 3, 2025 the City received authorization for the STBG funding for construction from Caltrans; and
WHEREAS, on January 16, 2026 and January 23, 2026, a public notice was published in The Business Journal and regional Builder’s Exchanges notifying all interested parties to submit bids for the Project; and
WHEREAS, a public bid opening was held promptly after the deadline published in the notice on Tuesday, February 17, 2026 at 2:00 p.m. at City Hall; and WHEREAS, fourteen (14) companies submitted bids before the deadline; and WHEREAS, the apparent lowest responsible bidder was AJ Excavation, Inc., whose proposal was found to be responsive and within the overall Project budget; and WHEREAS¸ the City has budgeted for the local costs of the Project in the adopted Fiscal Year 2025-2026 Annual Budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby awards the construction contract for the Divisadero Street Reconstruction, Federal Project No. STPL-5285(028) to AJ Excavation, Inc. in the 2 amount of $684,685.00 and authorizes the City Manager, or their designee, to execute all documents necessary for the completion of the Project. ______________________________
Victor Martinez, Mayor
ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MACARIO BANUELOS, ASSISTANT PUBLIC WORKS DIRECTOR VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE QUOTE SUBMITTED BY CALIFORNIA TURF EQUIPMENT & SUPPLY INC. FOR THE PURCHASE OF TWO CUSHMAN HAULER PRO ELECTRIC CARTS FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT $40,042.54
DATE: MARCH 3, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-10, approving the quote submitted by California Turf Equipment & Supply Inc. for the purchase of two Cushman Hauler Pro Electric Carts for the Public Works Department in the amount $40,042.54?

BACKGROUND
The City of Mendota (“City”) purchases vehicles for its Public Works Department (“Department”) in accordance with the purchasing procedures outlined in Chapter 2.48 of the Mendota Municipal Code (“MMC”) regularly to ensure that the Department has reliable equipment to provide essential services, including maintaining City infrastructure.

ANALYSIS
In accordance with the City’s purchasing procedures in Chapter 2.48 of the MMC. City staff obtained three (3) quotes from three (3) different vendors.

1. California Turf Equipment & Supply Inc. $40,042.54 for two (2)

2. Rivera’s Power Equipment $46,968.88 for two (2)

3. Napa Auto Parts $47,052.18 for two (2)
The City has budgeted for Fiscal Year 2025-2026 the purchase of two (2) utility cart vehicles using grant monies for $20,000.00 each so that the vehicles can be purchased at little to no cost to the City.

FISCAL IMPACT
The purchase of this equipment has been approved in the Fiscal Year 2025-2026 budget utilizing grant monies for $20,000.00 each. The excess cost related to the will be shared across General, Water, and Sewer funds.

RECOMMENDATION
Staff recommend that the City Council adopt Resolution No. 26-10, approving the quote submitted by California Turf Equipment & Supply Inc. for the purchase of two Cushman Hauler Pro Electric Carts for the Public Works Department in the amount $40,042.54. 2 Attachments:

1. Bids Submitted by:
a. California Turf Equipment & Supply Inc.
b. Rivera’s Power Equipment
c. Napa Auto Parts

2. Resolution No. 26-10

3. Exhibit “A” – Bid Submitted by California Turf Equipment & Supply Inc.

SJV AIR POLLUTION CONTROL DISTRICT

GRANT APPROVED VEHICLES
Tour LSV
Personnel Transport
Provide your passengers and guests
with unmatched safety and performance. The Cushman Tour LSV stands out from competitive vehicles by reaching both FMVSS 500 and SAE J2358 vehicle standards.

Features & Specs
• 4 front facing passenger seats.
• Seat Belts
• ELiTE Lithium Battery
Ideal choice for transporting personnel
and visitors around a plant, resort, or
job site. Comfortably seating up to four
passengers with generous bench seats,
the rear seat will also convert to a cargo
deck.

Features & Specs
• Flip Down Rear Seat
• Rated Capacity: 800 lbs
• Zero Maintenance Battery
The Cushman Hauler PRO is an efficient
workhorse built for demanding jobs. The
Hauler Pro comes with a 12 cu ft cargo
bed, automatic parking brake, and up to
1,500 lb towing capacity.

Features & Specs
• 39” X 44” X 12” Bed Box
• Rated Payload Capacity: 1,200 lbs
• Towing Capacity: 1,500lbs
• Rear Receiver - 2”
Funding Available For Public Agencies.

Up to $20,000 grant funding per vehicle.

Shuttle 2+2
Personnel Transport
Hauler Pro
Utility Vehicle
Hauler XL
Longbed Utility
California Turf Equipment & Supply, Inc
Sold & Serviced By:
559.688.2505 - www.calturf.com - [email protected] The Hauler XL shines as the perfect
compact utility vehicle with a 1200-lb
payload and 68.5-in long aluminum
cargo flatbed
Features & Specs
• 68.5” X 47” X 12” Bed Box
• Rated Payload Capacity: 1,200 lbs
• ELiTE Lithium Battery
• Rear Receiver - 2”

1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING THE QUOTE SUBMITTED BY CALIFORNIA TURF EQUIPMENT & SUPPLY INC.

FOR THE PURCHASE OF TWO CUSHMAN HAULER PRO ELECTRIC CARTS FOR THE PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $40,042.54 WHEREAS, the City of Mendota (“City”) is responsible with maintaining public facilities including parks, sports facilities, and public rights-of-way; and WHEREAS, the City’s Public Works Department needs two (2) new Cushman Hauler Pro Electric Carts to efficiently and effectively maintain public facilities; and WHEREAS, pursuant to Mendota Municipal Code section 2.48.090, subdivision (d), City staff obtained three (3) quotes from three (3) vendors because the Public Utilities and Public Works Departments must maintain reliable transportation to continue serving the community and protecting its citizens’ health, safety, and welfare; and WHEREAS, quotes were received from Napa Auto Parts, Rivera’s Power Equipment, and California Turf Equipment & Supply, Inc., with California Turf Equipment & Supply, Inc. submitting the lowest responsive and responsible quote; and WHEREAS, the City Council allocated and approved funds for this item in the Fiscal Year 2025–2026 Budget; the purchase will be funded with $20,000.00 in grant funds, with the remaining balance allocated from the Water Fund, Sewer Fund, and General Fund; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby approves the quote submitted by California Turf Equipment & Supply, as attached hereto as Exhibit “A”, to purchase two (2) Cushman Hauler Pro Electric Carts for the Public Works Department in the amount of $40,042.54.

BE IT FURTHER RESOLVED, that the City Manager, or their designee, is authorized to execute such additional documents as may be necessary to purchase the equipment.
______________________________
Victor Martinez, Mayor
2 ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A

SJV AIR POLLUTION CONTROL DISTRICT

GRANT APPROVED VEHICLES
Tour LSV
Personnel Transport
Provide your passengers and guests
with unmatched safety and performance. The Cushman Tour LSV stands out from competitive vehicles by reaching both FMVSS 500 and SAE J2358 vehicle standards.

Features & Specs
• 4 front facing passenger seats.
• Seat Belts
• ELiTE Lithium Battery
Ideal choice for transporting personnel
and visitors around a plant, resort, or
job site. Comfortably seating up to four
passengers with generous bench seats,
the rear seat will also convert to a cargo
deck.

Features & Specs
• Flip Down Rear Seat
• Rated Capacity: 800 lbs
• Zero Maintenance Battery
The Cushman Hauler PRO is an efficient
workhorse built for demanding jobs. The
Hauler Pro comes with a 12 cu ft cargo
bed, automatic parking brake, and up to
1,500 lb towing capacity.

Features & Specs
• 39” X 44” X 12” Bed Box
• Rated Payload Capacity: 1,200 lbs
• Towing Capacity: 1,500lbs
• Rear Receiver - 2”
Funding Available For Public Agencies.

Up to $20,000 grant funding per vehicle.

Shuttle 2+2
Personnel Transport
Hauler Pro
Utility Vehicle
Hauler XL
Longbed Utility
California Turf Equipment & Supply, Inc
Sold & Serviced By:
559.688.2505 - www.calturf.com - [email protected] The Hauler XL shines as the perfect
compact utility vehicle with a 1200-lb
payload and 68.5-in long aluminum
cargo flatbed
Features & Specs
• 68.5” X 47” X 12” Bed Box
• Rated Payload Capacity: 1,200 lbs
• ELiTE Lithium Battery
• Rear Receiver - 2”
AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MACARIO BANUELOS, ASSISTANT PUBLIC WORKS DIRECTOR VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR, AND TO SIGN CERTAIN

ASSURANCES WITH RESPECT TO APPLICATIONS FOR LOCAL, STATE AND FEDERAL

PROGRAMS PROJECTS OR GRANTS
DATE: MARCH 3, 2026
ISSUE
Should the City Council adopt Resolution No. 26-11, authorizing the submittal of applications for, and to sign certain assurances with respect to applications for local, state and federal programs projects or grants?

BACKGROUND
The Public Benefit Grants Program is administered by the San Joaquin Valley Air Pollution Control District. The program offers up to $100,000.00 per calendar year towards the purchase of a new alternative-fueled vehicle.

ANALYSIS
There is a maximum award per agency of $100,000.00. An example of a vehicle the City of Mendota can purchase is a Cushman Hauler Pro LSV for $18,330.30 before taxes. The city has budgeted for the purchase of 2 utility cart vehicles using grant monies for $20,000.00 each so that the vehicles can be purchased at little to no cost to the city.

FISCAL IMPACT
None.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-11, authorizing the submittal of applications for, and to sign certain assurances with respect to applications for local, state and federal programs projects or grants.

Attachment:

1. Resolution No. 26-11
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA

AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR AND TO SIGN CERTAIN

ASSURANCES WITH RESPECT TO APPLICATIONS FOR LOCAL, STATE AND

FEDERAL PROGRAMS PROJECTS OR GRANTS
WHEREAS several local, state and federal programs allow public and non-profit transportation providers to apply for administration, capital, and operation assistance programs or grants; and
WHEREAS the City of Mendota must designate an authorized representative by resolution to submit applications and administer the Zero-Emission Electric Vehicle Replacement Incentive Program.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby authorizes the City Manager, or his designee, to make application for, to sign required assurances for, and to administer the Public Benefits Grants Program offered by the San Joaquin Valley Air Pollution Control District, and to act on behalf of the City with respect to applications for local, state, and federal programs, projects, or grants.
______________________________
Victor Martinez, Mayor
ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

A LICENSE AGREEMENT WITH CENTRAL CALI HEALTH AND FITNESS, A

NONPROFIT PUBLIC BENEFIT CORPORATION, FOR CHARITY BOXING GYM

OPERATIONS AT THE FORMER SITE OF THE WILLIAM ROBERT JOHNSTON

MUNICIPAL AIRPORT
WHEREAS, the City of Mendota (“City”) is the owner of certain real property constituting the entirety of the land previously used for the William Robert Johnston Municipal Airport, and within this unused airport land is an empty Quonset hut building; and
WHEREAS, Central Cali Health and Fitness (“CCHF”) is a nonprofit public benefit organization formed to provide health-focused services to members of the local community in Mendota; and
WHEREAS, CCHF approached the City to request permission to manage and provide its services to the local community through the operation of a nonprofit boxing gym primarily focused on Mendota’s youth; and
WHEREAS, CCHF identified the City’s empty Quonset hut as an appropriate location for its services; and
WHEREAS, to avoid requesting recurring single-use event permits for the Quonset hut, CCHF requested the City consider providing CCHF low-cost access to that building through a license agreement to enable CCHF to serve the local community for a set period; and
WHEREAS, City staff engaged in negotiations with CCHF and prepared a license agreement, which is attached hereto as Exhibit “A” (the “Agreement”) and incorporated herein by this reference; and
WHEREAS, the Agreement offers CCHF a ten-year, nonexclusive, and revocable license to provide charity boxing gym services to the community from within the City’s empty Quonset hut, and to make minor improvements sufficient to facilitate the same; and
WHEREAS, the Agreement contains one optional extension for a period of five additional years, but shall not exceed a total of fifteen years under any circumstance to ensure compliance with California’s Surplus Land Act; and 2 WHEREAS, the Agreement provides CCHF shall undertake all maintenance onsite and pay all utilities associated with their use of the City’s property with no contribution of City funds or labor whatsoever; and
WHEREAS, the Agreement provides that the City will continue to the use the licensed property to facilitate community gatherings, events, and other operations as may be scheduled and hosted by the City from time to time; and WHEREAS, the Agreement makes it clear that the City is not entering into a partnership, joint venture, or other business relationship with CCHF in any manner; and WHEREAS, the City’s approval of the Agreement and CCHF’s community services will not result in any permanent construction on or destruction of the City’s property; and
WHEREAS, the City Council believes the Agreement will facilitate beneficial community opportunities through the promotion of fitness, healthy training, and positive activities for Mendota’s youth, all at no cost to the City’s taxpayers.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby:

1. Approves the Agreement in substantially the form attached hereto as Exhibit “A”; and

2. Authorizes and directs the City Manager, or his designee, to execute the Agreement and such additional documents as are reasonably required to effect its purpose; and

3. The City Council hereby finds and determines that its adoption of this Resolution is not subject to environmental review under the California Environmental Quality Act (“CEQA”; Pub. Res. Code, § 21000 et seq.), because the Agreement does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore is not a “project” under CEQA. (Pub. Res. Code, § 21065; Cal. Code Regs., tit. 14, §§ 15378, subd. (a), 15064, subd. (d)(3).)
______________________________
Victor Martinez, Mayor
3 ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
1 NON-EXCLUSIVE LICENSE AGREEMENT
THIS NON-EXCLUSIVE LICENSE AGREEMENT (the “License”), is made and entered into at Mendota, California, the ____ day of _______, 2026 (the “Effective Date”), by and between the City of Mendota, a California municipal corporation (the “City”), and Central Cali Health and Fitness, a California Nonprofit Public Benefit Corporation with its principal address at 630 Gaxiola Street, Mendota, CA 93640 (“Licensee”). The City and Licensee are collectively referred to in this License as the “Parties,” and individually as a “Party.”

RECITALS
A. WHEREAS, the City is the owner of certain real property zoned airport development district (A-D) (the “City Parcel”; more commonly known as Fresno County Assessor’s Parcel Number 013-060-18), upon which is an empty Quonset hut building commonly referred to as 359 Airport Boulevard, Mendota, CA 93640. Said Quonset hut constitutes the “Property.” The Property is highlighted on the parcel map attached hereto as Exhibit “A,” which is incorporated herein and shall be considered part of this License for all purposes.

B. WHEREAS, Licensee, through its agent, Macario Banuelos Jr., submitted a proposal to use the Property to operate a nonprofit boxing gym that will primarily focus on providing free services to the local community.

C. WHEREAS, the City desires to license the Property to an individual or entity capable of operating a non-profit boxing gym providing free services (the “Project”) to the local community on the Property.

D. WHEREAS, the City is willing to grant Licensee a right to use the Property under the terms and conditions set forth in this License.

LICENSE
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Incorporation of Recitals and Exhibits. The Recitals set forth above and Exhibits attached hereto are incorporated by this reference as though fully set forth herein.

2. Grant of Non-Exclusive License. The City hereby grants to Licensee, for the benefit of Licensee, its agents, employees, consultants, affiliates, guests, and invitees, a revocable, non-assignable, nontransferable, and non-exclusive right to use the Property solely for the purpose of operating its Project and activities incidental thereto.

Licensee may not use the Property for any other business or purpose without obtaining the City’s prior written consent, which may be withheld, conditioned, or delayed at the City’s sole and absolute discretion.
2 3. License Fee. During the Term, as defined herein, Licensee shall pay the City One Dollar ($1.00) per year (“License Fee”), paid annually (each a “License Fee Payment”) on the Effective Date.

3.1. Location of License Fee Payments. Licensee shall remit License Fee Payments to the City at 643 Quince Street, Mendota, CA 93640, or such other place as the City may designate in writing. Such License Fee Payments are due without demand and without notice, counterclaim, deduction, or setoff.

3.2. Late License Fee Payments. License Fee Payments, and other costs and charges authorized hereunder, not received by the City by the tenth day of the month such payments are due are subject to a late penalty, without notice to Licensee, of five percent (5%) per month.

4. Term. The term (“Term”) of this License shall commence on the Effective Date, and shall terminate upon the earlier of any of the following events (which shall be referenced herein as “Terminating Events”):

4.1. Expiration; Option to Extend. This License shall expire ten (10) years after the Effective Date, unless extended as outlined herein. Licensee may extend the Term once for five (5) additional years by providing the City written notice of such extension at least ninety (90) days before expiration, provided that Licensee shall not be in default for nonpayment of any License Fee Payment or other sums due to the City for such notice to be effective. The Term of this License shall not exceed fifteen (15) years under any circumstance.

4.2. Commencement of Legal Proceedings. The City may terminate this License upon the commencement of any judicial or administrative proceeding, in any jurisdiction within the State of California, which disputes the City’s ownership of the Property, the status of the Property as a legal parcel, or the City’s authority to grant a license for use of the Property. Should the City elect to terminate this License pursuant to this Section, the City shall comply with the Notice of Termination procedures set forth in Section 4.4 herein.

4.3. Termination by Mutual Agreement. This License shall terminate upon the execution of a mutual written agreement of the Parties (the “Termination Agreement”) to that effect. The Termination Agreement shall specify the time by which Licensee is required to remove all personal property from the Property. If Licensee fails to remove said personal property by the time set forth in the Termination Agreement, the City may take any necessary action to remove any personal property left at the Property, at the sole expense of Licensee, as permitted by law. Licensee shall pay the City all fees and charges owed as of the date of removal or termination, whichever is later, computed at the daily rate currently in effect.

4.4. Termination by Either Party. Either Party may, at any time, upon thirty (30) days’ advance written notice to the other Party (the “Notice of Termination”), terminate this License, provided that Licensee shall not be in default for 3 nonpayment of any License Fee Payment in order to issue such Notice of Termination.

The Notice of Termination shall specify the time by which Licensee is required to promptly remove all personal property from the Property. If Licensee fails to remove said personal property by the time set forth in the Notice of Termination, the City may take any necessary action to remove any personal property left at the Property, at the sole expense of Licensee, as permitted by law. Licensee shall pay the City all fees and charges owed as of the date of removal or termination, whichever is later, computed at the daily rate currently in effect.

4.5. Termination for Late License Fee Payments. In the event that Licensee fails to remit a License Fee Payment to the City within ten (10) days after payment is due, the City may terminate this License upon twenty (20) days’ written notice to Licensee. Such termination shall be ineffective if Licensee pays all past-due amounts prior to the expiration of such twenty (20) day notice.

4.6. Destruction of the Property. If, at any time during the Term, the Property, or a substantial portion thereof, is destroyed by fire, the elements, or any other cause, then this License shall terminate at the option of either Party by delivering written notice of termination to the other Party. In the event of the exercise of this option by either Party, Licensee shall immediately cease using the Property, remove its personal property, if any, from the Property, and this License shall terminate.

5. Permitted Uses. Unless otherwise previously approved in writing by the City, which consent may be withheld, conditioned, or delayed at the City’s sole and absolute discretion, Licensee shall only use the Property as follows:

5.1. Only for Project-Related Activities. Licensee shall only use the Property for the purpose of developing and operating Licensee’s Project thereon.

Licensee shall not use the Property for any other business or private purpose whatsoever.

5.2. No Residences. Licensee shall not allow any person to take up residence on the Property, whether or not characterized as a Project-related activity.

5.3. No Nuisance Conditions. Licensee shall not maintain a public or private nuisance, as defined in the California Civil Code or Mendota Municipal Code, on the Property.

5.4. No Cost to the Public. Licensee shall not charge the public for Project-related activities and services. Licensee shall not accept donations from the public in exchange for preferential treatment in connection with Project-related activities and services.

5.5. No Alcoholic Beverages. Licensee shall not serve or otherwise allow the service or consumption of alcoholic beverages on the Property.

5.6. No Controlled Substances. Licensee shall not serve or otherwise allow the consumption of Controlled Substances, as identified by California Health and 4 Safety Code section 11053 et seq., as may be amended from time to time, on the Property.

5.7. Third-Party Business Requirements. Licensee shall not allow third-party businesses onto the Property in connection with the Project’s operations without first confirming said third-party businesses have obtained all applicable federal, state, and local licenses and approvals required to operate their business.

5.8. Compliance with All Laws. Licensee shall comply with all applicable federal, state, and local statutes, ordinances, regulations, and other requirements of all governmental entities that pertain to the occupancy or use of the Property.

5.9. Licenses and Permits. Licensee shall procure, at its own cost and expense, all necessary licenses, permits, and land-use approvals from the City or any other governmental agency that may be necessary for the purpose of carrying out the provisions of this License.

5.10. Participation Waivers Required. Licensee shall procure, at its own cost and expense, a Release, Waiver of Liability, and Assumption of the Risk Agreement (the “Participation Waivers”) from all persons who participate in Licensee’s Project. The Participation Waivers are intended to protect the City from and against all liability and claims related to Licensee’s Project and use of the Property. The Participation Waivers for adult and minor participants are attached hereto as Exhibits “B” and “C,” respectively. The form of said Participation Waivers may be adjusted by the City Manager, in his sole and absolute discretion, immediately upon written notice to Licensee.

6. Improvements.

6.1. Advance Approval Required. Licensee shall not construct, erect, or improve the Property with any structure, permanent or otherwise, without the advance, express, and written consent of the City or its City Manager, which consent may be withheld for any reason in the sole and absolute discretion of the City or its City Manager. Among other things, approval may be conditioned upon the City’s receipt of plans and specifications no later than thirty (30) calendar days prior to the scheduled commencement of construction.

6.2. Improvements at Sole Cost of Licensee. Any improvement at the Property shall be completed at Licensee’s sole cost and expense.

6.3. Improvements Subject to Applicable Law. Any improvement at the Property shall be subject to and in accordance with all applicable federal, state, and local laws, regulations, permitting, and approval requirements. 5 6.4. Notice of Construction. At least ten (10) calendar days before any construction commences or materials are delivered for any improvements, whether or not the City’s consent is required, Licensee shall give written notice to the City as to when said construction will commence or materials will be delivered. The City shall then have the right to post and maintain on the Property any notice that are required to protect the City and the City’s interest in the Property from any liens for work or labor performed or materials furnished in the making of the improvements; provided, however, that it shall be Licensee’s duty to keep the Property free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Property.

6.5. No Liens. Licensee shall not permit any mechanics’, laborers’, or materialmen’s liens to encumber the Property for any labor or material furnished to Licensee or claimed to have been furnished to Licensee or its agents or contractors.

6.6. Restoration. At the end of the Term, the City shall have the right to require Licensee (at Licensee’s sole cost and expense) to restore the Property to the same condition as before the Licensee’s improvements were placed thereon. If the City does not demand Licensee restore the Property more than thirty (30) calendar days before the end of the Term, all improvements shall become the property of the City and shall remain on and be surrendered to the City with the Property at the expiration or sooner termination of this License.

7. Signs. Licensee shall not place, maintain, nor permit on any exterior door, wall, or window of the Property, any sign, awning, canopy, marquee, or other advertising without the express written consent of the City. Licensee shall not place any decoration, lettering, or advertising matter on the glass of any exterior window of the Property without the express written consent of the City. Such consent may be withheld in the City’s sole and absolute discretion. If the City consents to any sign, awning, canopy, marquee, decoration, or advertising matter, Licensee shall maintain it in good appearance and repair at all times during the Term. Upon the termination or expiration of this License, any such items that are not removed from the Property by Licensee may, without damage or liability, be destroyed by the City.

8. Licensee’s Corporate Form and Authorizations; Inspection. Licensee shall maintain its official non-profit public benefit corporation status in good standing with the State of California during the entire Term. Licensee shall obtain and maintain during the entire Term, at its sole cost and expense, all required federal, state, and local licenses, permits, and approvals required to develop and operate the Project on the Property. All documentation demonstrating Licensee’s compliance with this Section shall be open to inspection by the City at any time.

9. Insurance. Licensee shall not occupy the Property or allow any Projectrelated operations thereon without obtaining and maintaining insurance sufficient to develop and operate the Project on the Property without any risk of liability to the City.

Licensee shall procure and maintain, at its own cost and expense, the following insurance coverage and minimum limits placed with insurers admitted in the State of California 6 with an AM Best rating of A- VII or higher. Said required insurance amounts below may be adjusted by the City Manager, in his sole and absolute discretion, upon thirty (30) calendar days’ advance written notice to Licensee:

9.1. Commercial General Liability. Licensee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $1,000,000 products and completed operations. The policy shall include a per project or per location general aggregate endorsement. If a per project/location endorsement is not available, the limit for the general aggregate shall be doubled. The policy(s) shall provide and be endorsed to include, the City, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations. The policy shall allow and be endorsed as primary and not seek contribution from the City’s coverage. Coverage shall provide and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents. Any failure to comply with reporting provisions of the policies by Licensee shall not affect coverage provided to the City. Coverage shall state that Licensee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

9.2. Business Automobile Liability. Licensee shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of not less than $1,000,000 per accident. The policy shall provide and be endorsed that the City, its officers, officials, employees, agents, and volunteers are included or named as additional insureds. The policy shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents.

9.3. Workers’ Compensation. Licensee shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Licensee. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee. No proprietor, partner, executive officer, or member shall be excluded. In the alternative, Licensee may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a selfinsurance program meets the standards of the California Labor Code shall be solely in the discretion of City. The insurer, if insurance is provided, or Licensee, if a program of selfinsurance is provided, shall allow, and be endorsed to waive all rights of subrogation against City and its officers, officials, employees, agents, and volunteers. The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Licensee does not have any employees.
7 9.4. Sexual Abuse or Molestation Coverage. Licensee shall maintain Sexual Abuse or Molestation (“SAM”) insurance coverage at least as broad as ISO form CG 00 01, in an amount not less than $3,000,000 per occurrence for bodily injury, sexual abuse and molestation coverage, personal injury, and property damage, including without limitation, blanket contractual liability. SAM coverage can be provided by endorsement under the commercial general liability policy or by stand-alone policy.

9.5. Umbrella or Excess Liability. The limits of liability for commercial general liability and automobile liability may be provided through a combination of primary and umbrella or excess liability policies provided each policy complies with the requirements set forth in this agreement. Excess policies shall be follow-form to the underlying policies. Umbrella or excess policies shall include City and its officers, officials, employees, agents, and volunteers as additional insured.

9.6. All Coverages. Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Licensee.

9.7. Notice of Cancellation and Non-Payment of Premiums. Each required insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. If a carrier will not provide the required notice of cancellation, the Licensee shall provide written notice to the City of a cancellation no later than three (3) business days before cancellation.

9.8. Deductibles and Self-Insured Retentions. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.

9.9. Evidence of Insurance. Prior to commencement of work, the Licensee shall furnish the City with certificate(s) evidencing compliance with the insurance requirements above. All required endorsements shall be attached to the certificate(s), including additional insured, waiver of subrogation, primary coverage, and notice of cancellation endorsements. The Licensee shall provide complete or certified copies of all required insurance policies if requested by the City.

10. Maintenance; Utilities. Licensee shall maintain the Property in a safe manner and will ensure that the property remains clear of fire hazards. Such maintenance and any utility (power and water) costs shall be at the Licensee’s sole cost and expense with no financial or labor contribution by the City.
8 11. Right to Use. The City shall retain the right to utilize the Property for any City events, and to otherwise lease or license the Property area. If the City uses the Property, Licensee’s improvements to the Property may be utilized by the City at no cost or expense. The City will not lease or license the Property to any other user for boxing or other Project-related uses during the Term. The land around the Property may be used by the City or its assignees at any time.

12. “As-Is” Condition. The Parties understand and agree that Licensee shall accept this License to use the Property in an “as-is” condition, without any representation or warranty by the City as to the physical or environmental conditions of the Property, or any existing structures thereon. The City makes no representations regarding the character or extent of soil or subsurface conditions, or the conditions and existence of utilities which may be encountered during the course of construction of any improvements, development, construction, or occupancy of the Property. Licensee shall be solely responsible for independently reviewing all available information regarding existing conditions of the Property, and for undertaking an independent analysis of site conditions, including any environmental, health, and/or safety issues.

13. Hazardous Materials. The City represents that it has no actual knowledge that any Hazardous Materials (as defined below) have been deposited, released, disposed of, or placed upon, about, or under the Property. Licensee agrees to indemnify, defend, and hold the City harmless from and against all liabilities, including, but not limited to, all claims, costs, liabilities, debts, demands, suits, actions, causes of action, proceedings, damages, judgments, liens, losses, expenses, remediation costs, investigation costs, or obligations of whatever nature, whether administrative or judicial, including attorneys’ fees and costs, arising from or in any way related to Hazardous Materials contamination caused by Licensee or that of its employees, suppliers, customers, invitees, volunteers, or any third party from actions or negligence at the Property during Licensee’s occupation during the Term. The provisions of this Section shall survive the expiration or termination of this License. “Hazardous Materials” shall mean any substance or material which is capable of posing a risk of injury to health, safety, or property, including all of those materials and substances designated as hazardous or toxic by any federal, state, or local law, ordinance, rules, regulation, or policy. Without limiting the generality of the foregoing, the term “Hazardous Materials” includes any dangerous, toxic, or hazardous pollutants, contaminants, chemicals, materials, or substances, listed, indemnified in, or regulated by and under federal, state, or local laws, ordinances, rules, regulations, or policies, and shall include asbestos, urea formaldehyde, polychlorinated biphenyls, petroleum, petroleum products, fuel oil, waste oil, explosives, radioactive materials, nuclear fuel or material, medical waste, pollutants, ignitable materials, corrosive materials, and any other element, compound, mixture, solution, or substance that may pose a present or potential hazard to human health or the environment or that are contained on any list that is adopted by the United States Environmental Protection Agency, the State of California, or any political subdivision thereof.
9 14. No Service Provided; Repairs, Maintenance, and Alterations. The Parties understand and agree that the City shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Property. Licensee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement and maintenance of the Property.

15. Indemnification. To the furthest extent allowed by law, Licensee shall defend, indemnify, and hold the City, its officers, directors, officials, employees, consultants, agents, successors, volunteers, and assigns (“Indemnitees”), harmless from and against any and all claims, costs, liabilities, debts, demands, suits, actions, causes of action, proceedings, damages, judgments, liens, losses, expenses, or obligations of whatever nature, including attorneys’ fees and costs, all other professional costs, and all court, arbitration, or other dispute resolution costs (collectively “Costs”) which may be made against Indemnitees arising out of or in connection with: (a) occupancy, maintenance, and/or any use of the Property; (b) performance of, or failure to perform, this License and its obligations; (c) the death and/or injury to any person or damage to any property (real or personal) which may be caused or is claimed to have been caused, by the negligence, act, or omission of Licensee, or Licensee’s agents, employees, contractors, guests, invitees, volunteers, or licensees; (d) any enforcement by the City of any provision of this License; and/or (e) any action to enforce the provisions of the California Environmental Quality Act or planning and zoning laws in connection with the approval of the License or Licensee’s Project. The foregoing indemnity shall apply to any negligence of the Indemnitees, but shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the Indemnitees’ gross negligence or willful misconduct. Licensee covenants and agrees that, during the Term, any injury suffered as a result of the use of the Property or that grows out of or is a result of a breach of this License, including, but not limited to, failures to comply with statutes, ordinances, regulations, and other applicable requirements of federal, state, or local governmental entities, connected with Licensee’s use or occupation of the Property or condition of the Property, by Licensee and its employees, agents, contractors, licensees, invitees, or guests shall be the sole responsibility of Licensee, and the City shall not be liable to Licensee, or any other person or persons whatsoever for any such injury, loss, or damage to persons or property unless caused by the City’s employees’ or agents’ gross negligence or willful misconduct. Licensee, upon notice from the City, shall defend the City at Licensee’s sole expense by counsel satisfactory to the City. If Licensee contracts any work on the Property, Licensee shall require each consultant, subconsultant, contractor, and subcontractor to indemnify, hold harmless, and defend the Indemnitees in accordance with the terms of this Section. The provisions of this Section shall survive the expiration or termination of this License.

16. Personal Liability. Licensee’s agent, Macario Banuelos Jr. (“Guarantor”), covenants and agrees to personally guarantee all liabilities of Licensee incurred pursuant to this License. In addition to Licensee, Guarantor shall be jointly and personally liable for anything done or omitted to be done by the Licensee hereunder.
10 17. Waiver of Claims. As a material part of the consideration to be rendered to the City for this License, Licensee hereby waives any and all claims or causes of action against the City and each of its officers, agents, contractors, and employees which Licensee may now or hereafter have for damages or theft of Licensee’s property at or on the Property, except as may arise from the active negligence or willful misconduct of the City, its officers, agents, contractors, or employees, or from a known dangerous condition of public property as specified in Government Code section 835 et seq.

18. Bailee Disclaimer. Licensee acknowledges and agrees that the City has granted its permission to use the Property only for the purposes outlined in this License.

By entering into this License, the City is not agreeing in any manner to accept obligations or responsibility for the safekeeping of Licensee’s improvements or other property of Licensee or of Licensee’s agents, contractors, employees, invitees, guests, or licensees.

This License is not a contract for bailment and the City in no manner whatsoever purports to be a bailee.

19. Removal of Personal Property. Upon termination of the License under any of the Terminating Events, Licensee shall remove all of Licensee’s personal property from the Property within thirty days, or such other period specified in an accompanying notice, and shall surrender possession of the Property to the City in good order and repair, unless otherwise agreed by the City.

20. Notices. All notices under this License or pursuant to law shall be in writing delivered to the other Party. A notice shall be deemed received on the third (3rd) scheduled delivery day after pickup or timely deposit for overnight delivery via Express Mail, FedEx, UPS, DHL, or other nationally or regionally recognized overnight service, duly addressed, with delivery fees prepaid or charged to the sender’s account; on the next mail delivery day after pickup or timely deposit in the U.S. Mail, duly addressed, with first-class postage affixed; when personally delivered to the recipient; when transmitted by electronic means, and such transmission is electronically confirmed as having been successfully transmitted; or when delivered to the home or office of an addressee in the care of a person whom the sender has reason to believe will promptly communicate the notice to the addressee. The Parties’ current addresses are below:

CITY:

Cristian Gonzalez
City Manager
City of Mendota
643 Quince Street
Mendota, CA 93640
LICENSEE:

Central Cali Health and Fitness
Attn: Macario Banuelos Jr.
630 Gaxiola Street
Mendota, CA 93640
Any Party may change its contact information by delivering written notice to the other Party.
11 21. Licensee Not Agent of the City. Neither issuance of this License, nor any acts of Licensee pursuant to this License, shall render Licensee an agent, contractor, partner, joint venturer, or employee of the City in any way whatsoever. Licensee’s Project-related operations are solely its own endeavor without any involvement by the City therein.

22. No Commitment to Project Approval. Successful implementation of Licensee’s Project will require Licensee to obtain additional approvals and permits from the City and other local and state agencies. Licensee understands and acknowledges that the City shall be under no obligation to approve or issue any development entitlement to Licensee including, but not limited to, a Conditional Use Permit or any applicable City approvals related to the development or operation of Licensee’s Project on the Property.

The Parties expressly intend that nothing in this License shall be interpreted as a commitment by the City to grant any development entitlements to Licensee, or as an abrogation of the City’s right or obligation to exercise its independent judgment in deciding whether to grant any development entitlements or whether to impose conditions on any development entitlements.

23. Attorneys’ Fees. If any legal action or proceeding arising out of or relating to this License is brought by either Party against the other Party, the prevailing Party shall be entitled to receive from the other Party, in addition to any other relief that may be granted, the reasonable attorney’s fees, costs, and expenses incurred in the action or proceeding by said prevailing Party.

24. Entire Agreement. This License constitutes the Parties’ entire, integrated agreement with respect to the subject matter described herein, and there are no other agreements regarding that subject. This License replaces and supersedes all prior written, oral, and implied agreements and understandings by and among the Parties, or any of them, regarding that subject matter, as well as any related written, oral, or implied representations, warranties, and covenants.

25. Written Amendments. This License shall only be altered, modified, or amended by a written agreement signed by both Parties.

26. Equitable Relief; Remedies Cumulative. Breach of this License would result in irreparable injury, so an actual or threatened default hereunder shall entitle the aggrieved Party to injunctive relief and/or specific enforcement, as applicable, in addition to monetary damages.

27. Counterparts; Electronic Signatures. This License may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Faxed, photocopied, or electronically transmitted signatures have the same effect as ink originals. 12 28. Successors and Assigns. This License and the rights and obligations hereunder are neither transferrable nor assignable without the express written consent of the City. This consent may be withheld in the City’s sole and absolute discretion, and for any reason or no reason.

29. No Third-Party Beneficiaries. This License is made solely for the benefit of the Parties, and no other person or entity shall have or acquire any right by virtue of this License.

30. No Encumbrances. Licensee shall not encumber the Property with any debt or otherwise borrow against the Property.

31. Choice of Law; Venue. This License concerns real property located in Fresno County, California, and shall be construed and enforced in accordance with the laws of the State of California. Any action or proceeding arising out of or related to this License shall be filed and maintained solely in the Fresno County Superior Court.

32. Time of the Essence. Time is of the essence in connection with every provision of this License.

33. Wavier. No waiver of default by either Party of any of the terms, conditions, and provisions of this License shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, conditions, and provisions contained herein, to be kept and observed by the other Party. The consent or approval by one Party to the act of another Party shall not be deemed to waive or render unnecessary the need for consent or approval of any subsequent, similar act.

34. Severability. Any provisions of this License which shall prove to be invalid, void, or illegal by a court of competent jurisdiction, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect.

35. Participation in Preparation of License. The Parties hereto have each participated in the negotiation and preparation of this License. Accordingly, each Party hereby waives the protect or benefit of any law, judicial precedent, or legal principle which provides that contractual ambiguities are to be construed against the Party who drafted the provision in question.

36. Authority; Review with Counsel. Each Party represents and warrants that it has the capacity and authority to enter into this License. Each person signing this License in a representative capacity represents and warrants that they are authorized to do so. Each party represents and warrants that it has carefully read and understands the contents of this agreement and signs by their own free act. Each Party has had the opportunity to have this License reviewed and explained to them by counsel of their own choosing.

37. Headings. All section headings above are for convenience of reference only and are not intended to define or limit the scope of any provision of this License. 13 IN WITNESS WHEREOF, the Parties hereto have executed this License as of the Effective Date above.

CITY
City of Mendota, a California
Municipal Corporation
___
By: Cristian Gonzalez
Its: City Manager
Date: ___________________________

LICENSEE
Central Cali Health and Fitness, a
California Nonprofit Public Benefit
Corporation
___
By: ___________________________
Its: ___________________________
Date: ___________________________

GUARANTOR
___
By: Macario Banuelos Jr.

Date: ___________________________
14 EXHIBIT A

THE PROPERTY
15 EXHIBIT B

PARTICIPATION WAIVER - ADULTS
[FORM OF PARTICIPATION WAIVER BEGINS ON FOLLOWING PAGE]

RELEASE, WAIVER OF LIABILITY,

AND ASSUMPTION OF THE RISK AGREEMENT

READ CAREFULLY BEFORE SIGNING

INHERENT RISKS, HAZARDS, AND DANGERS

ASSOCIATED WITH THE ACTIVITIES
In consideration of being allowed to participate in Central Cali Health and Fitness (which is in no way an affiliate or related entity of the City of Mendota) boxing and fitness training, classes, and other related events and related activities (hereinafter “ACTIVITIES”), at the City of Mendota’s facilities, located at 359 Airport Boulevard, Mendota, CA 93640, including but not limited to the sidewalks, roads, parking lot, equipment, facilities, and related areas (hereinafter “FACILITIES”), the undersigned, for himself/herself/itself and for his/her/its heirs, successors, assignees, personal representatives, and next of kin (hereinafter “RELEASOR”) acknowledges, appreciates, and agrees to the following:

INHERENT RISKS, HAZARDS, AND DANGERS

ASSOCIATED WITH THE ACTIVITIES
The use of the FACILITIES and participation in the ACTIVITIES are demanding and potentially hazardous activities. Risks associated with ACTIVITIES and use of the FACILITIES, INCLUDE, BUT ARE NOT LIMITED TO: DEATH; PHYSICAL TRAUMA; ANAPHYLAXIS; HEAD INJURY; BRAIN DAMAGE; FACIAL
FRACTURES; NECK FRACTURES; SPINAL FRACTURES; DAMAGE TO THE SPINAL CORD THAT RESULTS IN COMPLETE OR PARTIAL PARALYSIS; AMPUTATION; RIB FRACTURES; PUNCTURED LUNGS; SERIOUS INJURY TO ALL BONES, JOINTS, MUSCLES, AND INTERNAL ORGANS;
AGGRAVATION OF PRE-EXISTING CONDITIONS; HEAT STROKE;
FAINTING; COLLAPSE; EXHAUSTION; PHYSICAL OR PSYCHOLOGICAL INJURY; PAIN; SUFFERING; ILLNESS; DISFIGUREMENT; PERMANENT DISABILITY; ECONOMIC LOSS; EMOTIONAL LOSS; AND PROPERTY DAMAGE (hereinafter “INHERENT RISKS”). ____________ (INITIALS) Such INHERENT RISKS can arise in an incalculable variety of unforeseeable ways, some foreseeable ways may include the following: collisions; hair or body parts getting caught in equipment or elements; not being able or good enough to participate; hitting head; malfunctioning equipment; tripping and falling over obstacles or uneven surfaces; slipping and falling on wet or slippery or uneven surfaces; potential reckless actions of other participants and guests who may not have complete control over their actions; exposure to and/or infection of communicable diseases, toxins, or allergens; and complications associated with exposure to weather conditions, such as, rain, wind, hail, thunder, lightning, and other forces of the elements (hereinafter “HAZARDS AND DANGERS”). Even though particular rules, safety equipment, instructors, and personal discipline may reduce the risk, they may still be inadequate to prevent serious accident or injury. ____________ (INITIALS)
Therefore:

1. ASSUMPTION OF RISK. TO THE GREATEST EXTENT ALLOWED BY

LAW, RELEASOR, KNOWINGLY AND FREELY ASSUMES ALL
INHERENT RISKS AND HAZARDS AND DANGERS, both known and
unknown, EVEN IF ARISING FROM THE NEGLIGENCE of the City of Mendota, its officials, officers, directors, employees, agents, volunteers, participants, vendors, government and public entities (including, without limitation, the various departments of transportation), and each of their respective parents, subsidiaries, affiliates, successors, predecessors, and representatives, including, without limitation, any lifeguards and medical personnel (“RELEASED PARTIES”) arising out of my participation in ACTIVITIES and/or use of the FACILITIES. RELEASOR assumes full responsibility for my participation in ACTIVITIES, which may leave me vulnerable to the HAZARDS AND DANGERS and hereby knowingly agree to accept all INHERENT RISKS which leaves me vulnerable to the INHERENT RISKS and HAZARDS AND DANGERS as set forth above.

2. WAIVER AND RELEASE. RELEASOR hereby voluntarily waives, releases, and forever discharges RELEASED PARTIES from any and all allegations, claims, demands, lawsuits, or causes of action (“CLAIMS”), which RELEASOR may otherwise have arising out of my participation in ACTIVITIES and/or use of the FACILITIES. This means, to the greatest extent allowed by law, RELEASOR cannot file CLAIMS or recover money damages if they sustain injuries or damages arising out of the HAZARDS AND DANGERS associated with the INHERENT RISKS of participating in ACTIVITIES and/or using the FACILITIES.

3. INDEMNIFICATION. RELEASOR hereby voluntarily releases, forever discharges, and agrees to defend, indemnify, and hold harmless RELEASED PARTIES from any and all CLAIMS, which are in any way connected with my participation in ACTIVITIES and/or use of the FACILITIES, including any such CLAIMS which allege negligent acts or omissions of RELEASED PARTIES to the extent permitted by law. This means, to the greatest extent allowed by law, if anyone seeks money damages from RELEASED PARTIES arising out of RELEASOR’S participation in ACTIVITIES and/or use of the FACILITIES, RELEASOR will pay for RELEASED PARTIES’ attorneys’ fees and costs to defend against any such CLAIMS. This also means RELEASOR will pay money to resolve CLAIMS, which are in any way connected to his/her/their participation in ACTIVITIES and/or use of the FACILITIES.

4. SEVERABILITY. If any part hereof is deemed illegal or invalid for any reason by a court of competent jurisdiction, such illegality or invalidity shall not affect the validity of the remainder of this Release, Waiver of Liability, and Assumption of the Risk Agreement.

5. INTEGRATION OF PRIOR TERMS AND CONDITIONS. This Release, Waiver of Liability, and Assumption of the Risk Agreement, including all Recitals and attachments hereto, constitutes the entire agreement of the Parties.

This Release, Waiver of Liability, and Assumption of the Risk Agreement may be amended or modified only by the mutual written agreement of the Parties.

Subsequent written agreements are invalid unless approved by an authorized agent of RELEASED PARTIES specifically authorized by the legislative body of the RELEASED PARTIES to execute amendments to this Release, Waiver of Liability, and Assumption of the Risk Agreement, at the level of City Manager or equivalent.

6. RELEASOR’S FITNESS FOR ACTIVITIES. I certify that I am physically fit and have not been advised against participation in the ACTIVITIES. I attest that I have no known medical conditions, and have not used any form of alcohol or drugs (prescription or non-prescription) that could jeopardize my safety, or the safety of others during my participation in the ACTIVITIES.

7. RELEASOR TO USE CAUTION. I agree that I will inspect the FACILITIES, equipment, and areas to be used. If I observe any unusual significant hazard during my presence or participation, I will either remove the hazard, if possible, or discontinue my participation and bring such hazard to the attention of the nearest official immediately.

8. RELEASOR’S LIKENESS. I give permission to the RELEASED PARTIES for the free use of my name, photograph, voice, or likeness, in any broadcast, telecast, advertising promotion, or other account of the ACTIVITIES or marketing or promotion for future or similar events, and waive any rights of privacy I may have in that regard. I further understand and consent that I may periodically be receiving communications related to my participation in the ACTIVITIES.

9. INTERPRETATION; CHOICE OF VENUE. This Release, Waiver of Liability, and Assumption of the Risk Agreement shall be interpreted, and the rights of the Parties determined, under the laws of the State of California. The Fresno County Superior Court shall have exclusive jurisdiction for any dispute arising under, or pertaining to, this Release, Waiver of Liability, and Assumption of the Risk Agreement.
[SIGNATURES ON FOLLOWING PAGE]
I, THE UNDERSIGNED PARTICIPANT and RELEASOR, acknowledge that I read and understand English and I have carefully read and understand the significance of this RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT in its entirety and fully understand its contents. I am aware that this is a release of liability and a binding contract between myself and the RELEASED PARTIES. I understand that by signing this RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this

RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Should any of the RELEASED PARTIES be required to incur attorneys’ fees and costs to enforce this RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT, I will pay all of those attorneys’ fees and costs myself.

Executed on this day of , 2026, in the City of , CA.

(Participant’s Signature)

(Print Name Legibly)
Picture ID: __________________________________________
(type of ID and last four numbers or letters)
20 EXHIBIT C
PARTICIPATION WAIVER – MINORS
[FORM OF PARTICIPATION WAIVER BEGINS ON FOLLOWING PAGE] FOR MINORS (UNDER 18 AT THE TIME PARTICIPATION BEGINS)

RELEASE, WAIVER OF LIABILITY,

AND ASSUMPTION OF THE RISK AGREEMENT

READ CAREFULLY BEFORE SIGNING

RISKS, HAZARDS, AND DANGERS

ASSOCIATED WITH THE ACTIVITIES
I, the undersigned, desires my minor child, (print
legibly) to participate in and be allowed to participate in Central Cali Health and Fitness (which is in no way an affiliate or related entity of the City of Mendota) boxing and fitness training, classes, and other related events and related activities (hereinafter “ACTIVITIES”), at the City of Mendota’s facilities, located at 359 Airport Boulevard, Mendota, CA 93640, including but not limited to the sidewalks, roads, parking lot, equipment, facilities, and related areas (hereinafter “FACILITIES”), and as the Parent or Legal Guardian, on behalf of me and my minor child, himself/herself/itself and for his/her/its heirs, successors, assignees, personal representatives, and next of kin (hereinafter “RELEASOR”) acknowledges, appreciates, and agrees to the following:

INHERENT RISKS, HAZARDS AND DANGERS

ASSOCIATED WITH ACTIVITY
The use of the FACILITIES and participation in the ACTIVITIES are demanding and potentially hazardous activities. Risks associated with ACTIVITIES and use of the FACILITIES, INCLUDE, BUT ARE NOT LIMITED TO: DEATH; PHYSICAL TRAUMA; ANAPHYLAXIS; HEAD INJURY; BRAIN DAMAGE; FACIAL
FRACTURES; NECK FRACTURES; SPINAL FRACTURES; DAMAGE TO THE SPINAL CORD THAT RESULTS IN COMPLETE OR PARTIAL PARALYSIS; AMPUTATION; RIB FRACTURES; PUNCTURED LUNGS; SERIOUS INJURY TO ALL BONES, JOINTS, MUSCLES, AND INTERNAL ORGANS;
AGGRAVATION OF PRE-EXISTING CONDITIONS; HEAT STROKE;
FAINTING; COLLAPSE; EXHAUSTION; PHYSICAL OR PSYCHOLOGICAL INJURY; PAIN; SUFFERING; ILLNESS; DISFIGUREMENT; PERMANENT DISABILITY; ECONOMIC LOSS; EMOTIONAL LOSS; AND PROPERTY DAMAGE (hereinafter “INHERENT RISKS”). ____________ (INITIALS) Such INHERENT RISKS can arise in an incalculable variety of unforeseeable ways, some foreseeable ways may include the following: collisions; hair or body parts getting caught in equipment or elements; not being able or good enough to participate; hitting head; malfunctioning equipment; tripping and falling over obstacles or uneven surfaces; slipping and falling on wet or slippery or uneven surfaces; potential reckless actions of other participants and guests who may not have complete control over their actions; exposure to and/or infection of communicable diseases, toxins, or allergens; and complications associated with exposure to weather conditions, such as, rain, wind, hail, thunder, lightning, and other forces of the elements (hereinafter “HAZARDS AND DANGERS”). Even though particular rules, safety equipment, instructors, and personal discipline may reduce the risk, they may still be inadequate to prevent serious accident or injury. ____________ (INITIALS)
Therefore:

1. ASSUMPTION OF RISK. TO THE GREATEST EXTENT ALLOWED BY

LAW, RELEASOR, KNOWINGLY AND FREELY ASSUMES ALL
INHERENT RISKS AND HAZARDS AND DANGERS, both known and
unknown, EVEN IF ARISING FROM THE NEGLIGENCE of the City of Mendota, its officials, officers, directors, employees, agents, volunteers, participants, vendors, government and public entities (including, without limitation, the various departments of transportation), and each of their respective parents, subsidiaries, affiliates, successors, predecessors, and representatives, including, without limitation, any lifeguards and medical personnel (“RELEASED PARTIES”) arising out of my participation in ACTIVITIES and/or use of the FACILITIES.

RELEASOR assumes full responsibility for my participation in ACTIVITIES, which may leave me vulnerable to the HAZARDS AND DANGERS and hereby knowingly agree to accept all INHERENT RISKS which leaves me vulnerable to the INHERENT RISKS and HAZARDS AND DANGERS as set forth above.

2. WAIVER AND RELEASE. RELEASOR hereby voluntarily waives, releases, and forever discharges RELEASED PARTIES from any and all allegations, claims, demands, lawsuits, or causes of action (“CLAIMS”), which RELEASOR may otherwise have arising out of my participation in ACTIVITIES and/or use of the FACILITIES. This means, to the greatest extent allowed by law, RELEASOR cannot file CLAIMS or recover money damages if they sustain injuries or damages arising out of the HAZARDS AND DANGERS associated with the INHERENT RISKS of participating in ACTIVITIES and/or using the FACILITIES.

3. INDEMNIFICATION. RELEASOR hereby voluntarily releases, forever discharges, and agrees to defend, indemnify, and hold harmless RELEASED PARTIES from any and all CLAIMS, which are in any way connected with my participation in ACTIVITIES and/or use of the FACILITIES, including any such CLAIMS which allege negligent acts or omissions of RELEASED PARTIES to the extent permitted by law. This means, to the greatest extent allowed by law, if anyone seeks money damages from RELEASED PARTIES arising out of RELEASOR’S participation in ACTIVITIES and/or use of the FACILITIES, RELEASOR will pay for RELEASED PARTIES’ attorneys’ fees and costs to defend against any such CLAIMS. This also means RELEASOR will pay money to resolve CLAIMS, which are in any way connected to his/her/their participation in ACTIVITIES and/or use of the FACILITIES.

4. SEVERABILITY. If any part hereof is deemed illegal or invalid for any reason by a court of competent jurisdiction, such illegality or invalidity shall not affect the validity of the remainder of this Release, Waiver of Liability, and Assumption of the Risk Agreement.

5. INTEGRATION OF PRIOR TERMS AND CONDITIONS. This Release, Waiver of Liability, and Assumption of the Risk Agreement, including all Recitals and attachments hereto, constitutes the entire agreement of the Parties. This Release, Waiver of Liability, and Assumption of the Risk Agreement may be amended or modified only by the mutual written agreement of the Parties. Subsequent written agreements are invalid unless approved by an authorized agent of RELEASED PARTIES specifically authorized by the legislative body of the RELEASED PARTIES to execute amendments to this Release, Waiver of Liability, and Assumption of the Risk Agreement, at the level of City Manager or equivalent.

6. RELEASOR’S FITNESS FOR ACTIVITIES. I certify that I, my minor child, and/or designated person(s) are physically fit and have not been advised against participation in the ACTIVITIES. I attest that I, my minor child, and/or designated person(s) have no known medical conditions, and have not used any form of alcohol or drugs (prescription or non-prescription) that could jeopardize our safety, or the safety of others during our participation in the ACTIVITIES.

7. RELEASOR SUPERVISION. I agree that I, or someone that I designate that is eighteen (18) years of age or older, will provide supervision of my minor child while participating in the ACTIVITIES at the FACILITIES.

8. RELEASOR TO USE CAUTION. I agree that I, or someone I designate that is eighteen (18) years of age or older, will inspect the FACILITIES, equipment, and areas to be used. If I/they observe or believe any are unsafe, I/they will immediately advise RELEASED PARTIES and the sponsor of the event. I, or someone I designate that is eighteen (18) years of age or older, and my minor child willingly agree to comply with the stated and customary terms and conditions of participation in ACTIVITIES. If I/they observe any unusual significant hazard during our presence or participation, we will either remove the hazard, if possible, or discontinue our participation and/or bring such hazard to the attention of the nearest official immediately.

10. RELEASOR’S LIKENESS. I give permission to the RELEASED PARTIES for the free use of my and my minor child’s name, photograph, voice, or likeness, in any broadcast, telecast, advertising promotion, or other account of the ACTIVITIES or marketing or promotion for future or similar events, and waive any rights of privacy I or my minor child may have in that regard. I further understand and consent that I may periodically be receiving communications related to our participation in the ACTIVITIES.

11. INTERPRETATION; CHOICE OF VENUE. This Release, Waiver of Liability, and Assumption of the Risk Agreement shall be interpreted, and the rights of the Parties determined, under the laws of the State of California. The Fresno County Superior Court shall have exclusive jurisdiction for any dispute arising under, or pertaining to, this Release, Waiver of Liability, and Assumption of the Risk Agreement.

I, THE UNDERSIGNED PARENT OR LEGAL GUARDIAN OF THE
PARTICIPANT and RELEASOR, certify that I have legal responsibility for the participant and RELEASOR. I acknowledge that I read and understand English and I have carefully read and understand the significance of this RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT in its entirety and fully understand its contents. I am aware that this is a release of liability and a binding contract between myself, on behalf of my minor child, and the RELEASED PARTIES. I understand that by signing this RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT I am giving up substantial rights, including my right to sue and to sue on behalf of my child. I acknowledge that I am signing this RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I consent to the foregoing and grant permission for my minor child to participate in the ACTIVITIES, including use of the FACILITIES. Should any of the RELEASED PARTIES be required to incur attorneys’ fees and costs to enforce this RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF THE RISK AGREEMENT, I will pay all of those attorneys’ fees and costs myself Executed on this day of , 2025 in the City of , CA.

Minor’s First & Last Name (print legibly) ____________________________________

(Parent’s/Guardian’s Signature)

(Print Parent’s/Guardian’s Name Legibly)
Parent’s/Guardian’s Picture ID: __________________________________________ (type of ID and last four numbers or letters)
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: IN ITS CAPACITY AS THE MENDOTA GROUNDWATER SUSTAINABILITY AGENCY,

ADOPTING THE REVISED AND RESTATED MEMORANDUM OF AGREEMENT AMONG

THE DELTA-MENDOTA SUBBASIN GROUNDWATER SUSTAINABILITY AGENCIES DATE: MARCH 3, 2026
ISSUE
Should the City Council adopt Resolution No. 26-13, in its capacity as the Mendota Groundwater Sustainability Agency, adopting the Revised and Restated Memorandum of Agreement among the Delta-Mendota Subbasin Groundwater Sustainability Agencies.

BACKGROUND
The Sustainable Groundwater Management Act (“SGMA”), enacted in 2014, requires groundwater basins designated as high- or medium-priority to be managed sustainably. The Delta-Mendota Subbasin (Basin No. 5-22.07) has been designated as a high-priority, critically overdrafted basin by the California Department of Water Resources.

Multiple Groundwater Sustainability Agencies (“GSAs”), including the City of Mendota (“City”), were formed within the Subbasin to comply with SGMA. In 2024, the GSAs adopted a single Groundwater Sustainability Plan (“GSP”) to coordinate groundwater management efforts across the entire Subbasin.

To implement the single GSP, the GSAs entered into a Memorandum of Agreement (“Original MOA”) effective September 12, 2024, which outlined governance and coordination responsibilities.

ANALYSIS
Since adoption of the Original MOA, the Groundwater Sustainability Agencies formed the Delta-Mendota Subbasin GSAs Joint Powers Authority (“JPA”) to assume coordination, administrative, and governance responsibilities for Subbasin management. The Revised and Restated MOA updates the agreement to reflect this new structure. Specifically, it replaces references to the San Luis & Delta-Mendota Water Authority with the Joint Powers Authority, replaces the former Coordination Committee with the JPA Board of Directors, updates the list of participating GSAs, and formally supersedes the Original MOA dated September 12, 2024.

These revisions are administrative in nature and do not change the City’s responsibilities under the Sustainable Groundwater Management Act or the adopted Groundwater Sustainability Plan.

Adoption of the Revised and Restated MOA ensures continued coordination among the Subbasin GSAs and maintains compliance with state groundwater management requirements. 2 FISCAL IMPACT
There is no direct fiscal impact associated with adoption of the Revised and Restated MOA.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-13, in its capacity as the Mendota Groundwater Sustainability Agency, adopting the Revised and Restated Memorandum of Agreement among the Delta-Mendota Subbasin Groundwater Sustainability Agencies.

Attachments:

1. Resolution No. 26-13

2. Exhibit “A” – Revised and Restated Memorandum of Agreement among the DeltaMendota Subbasin Groundwater Sustainability Agencies 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA, IN ITS

CAPACITY AS THE MENDOTA GROUNDWATER SUSTAINABILITY AGENCY,

ADOPTING THE REVISED AND RESTATED MEMORANDUM OF AGREEMENT

AMONG THE DELTA-MENDOTA SUBBASIN GROUNDWATER SUSTAINABILITY

AGENCIES
WHEREAS, the Sustainable Groundwater Management Act (“SGMA”), enacted in 2014, requires groundwater basins designated as high- or medium-priority to be managed sustainably; and
WHEREAS, the Delta-Mendota Subbasin (Basin No. 5-22.07) has been designated by the California Department of Water Resources as a high-priority, critically overdrafted basin; and
WHEREAS, multiple Groundwater Sustainability Agencies (“GSAs”) were formed within the Delta-Mendota Subbasin to implement SGMA; and WHEREAS, in 2024, the GSAs adopted a single Groundwater Sustainability Plan (“GSP”) for the entire Subbasin to ensure coordinated and sustainable groundwater management; and
WHEREAS, on September 12, 2024, the GSAs entered into a Memorandum of Agreement (“Original MOA”) to coordinate implementation of the single GSP; and WHEREAS, the GSAs subsequently formed the Delta-Mendota Subbasin GSAs Joint Powers Authority to assume coordination, administrative, and governance responsibilities for the Subbasin; and
WHEREAS, the Revised and Restated Memorandum of Agreement updates the governance structure to reflect the formation of the Joint Powers Authority, removes the San Luis & Delta-Mendota Water Authority as a party, updates the signatories, and supersedes the Original MOA; and
WHEREAS, the City Council, in its capacity as the Mendota Groundwater Sustainability Agency, finds that adoption of the Revised and Restated Memorandum of Agreement is consistent with SGMA requirements and in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby approves and adopts the Revised and Restated Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies, as attached hereto as Exhibit “A,” effective March 1, 2026. 2 AND BE IT FURTHER RESOLVED, that the City Manager, or their designee, is hereby authorized to execute the Agreement and any and all documents necessary to implement Agreement.
______________________________
Victor Martinez, Mayor
ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 3rd day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
3747954v4 / 21603.0005 1

REVISED AND RESTATED

MEMORANDUM OF AGREEMENT

AMONG THE DELTA-MENDOTA SUBBASIN

GROUNDWATER SUSTAINABILITY AGENCIES
THIS REVISED AND RESTATED MEMORANDUM OF AGREEMENT (this “MOA”) is entered into and shall be effective as of March 1, 2026 (the “Effective Date”), by and among the groundwater sustainability agencies within the Delta-Mendota Subbasin listed in Exhibit “A” (each a “Party” and collectively the “Parties”) and is made with reference to the following facts:

RECITALS
A. On September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act (“SGMA”).

B. SGMA requires all groundwater subbasins designated as high- or medium-priority by the California Department of Water Resources (“DWR”) to manage groundwater in a sustainable manner.

C. The Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin (“Subbasin”), has been designated as a high-priority, critically overdrafted basin by DWR.

D. The Subbasin includes multiple groundwater sustainability agencies (each a “GSA” and collectively, the “GSAs”) that initially managed the Subbasin through the development and implementation of six different groundwater sustainability plans.

E. Pursuant to the requirements of SGMA (Wat. Code §§ 10720, et seq.) and DWR’s SGMA regulations (23 Cal. Code Regs., §§ 350, et seq.), and in recognition of the need to sustainably manage the groundwater within the Subbasin, the Parties entered into that certain Delta-Mendota Subbasin Coordination Agreement effective December 12, 2018 (“Coordination Agreement”), to outline the Parties’ obligations and responsibilities regarding SGMA coordination in the Subbasin among the multiple GSAs and multiple groundwater sustainability plans.

F. In 2024, the Parties adopted a single groundwater sustainability plan (“GSP”) to cover the entire Subbasin to comply with SGMA.

G. If there is only one GSP for the Subbasin, then the GSAs no longer need the Coordination Agreement, as defined by SGMA.

H. As part of the development of a single GSP, the Parties adopted a Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies and San Luis & Delta-Mendota Water Authority, effective September 12, 2024 (the “Original MOA”). 3747954v4 / 21603.0005 2
I. Through the Original MOA, the GSAs desired to coordinate the work and management of the Subbasin and clarify responsibilities of the respective GSAs, in accordance with SGMA, and develop a “Coordination Committee” to assist with said efforts.

J. As of December 1, 2025, the Parties entered into that certain “Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement” to create a separate entity known as the DeltaMendota Subbasin GSAs Joint Powers Authority (the “Authority”).

K. The responsibilities of the Coordination Committee created by the Original MOA have been superseded by the Board of Directors of the Authority, rendering the Coordination Committee unnecessary.

L. With the creation of the Authority, the San Luis & Delta-Mendota Water Authority is no longer involved in the coordination of the GSAs in the Subbasin and is therefore no longer a signatory to this MOA.

M. The Parties desire to revise and restate the Original MOA as outlined in this MOA and it is the intent of the Parties that this MOA supersede and replace the Original MOA.

NOW, THEREFORE, in consideration of the Recitals, which are deemed true and correct and incorporated herein, and of the covenants, terms and conditions set forth herein, the Parties hereto agree as follows:

ARTICLE I– DEFINITIONS

1.1 “Authority” shall mean the Delta-Mendota Subbasin GSAs Joint Powers Authority.

1.2 “Coordinated Plan Expenses” are those Subbasin-wide Activities expenses incurred by the Authority, the Secretary, and the Plan Manager, at the direction of the Board of Directors, within approved annual cost estimates for purposes described in this MOA and in implementing this MOA, including actual expenses incurred in executing obligations under this MOA for intrabasin and interbasin coordination, which are shared equally amongst the seven representative seats of the Board of Directors, in accordance with the Participation Percentages.

1.3 “DWR” shall mean the California Department of Water Resources.

1.4 “Effective Date” shall be March 1, 2026.

1.5 “GSA” shall mean a groundwater sustainability agency established in accordance with SGMA and its associated regulations, and “GSAs” shall mean more than one such groundwater sustainability agency. Each Party is a GSA.

1.6 “GSP” shall mean the single Delta-Mendota Subbasin Groundwater Sustainability Plan.

1.7 “MOA” shall mean this Revised and Restated Memorandum of Agreement by and among the Parties.
3747954v4 / 21603.0005 3

1.8 “Participation Percentages” shall mean that percentage of Coordinated Plan Expenses allocated to each GSA or GSA Group as described on Exhibit “B” to this MOA, which is attached and incorporated by reference herein, as updated from time to time, but not more frequently than annually.

1.9 “Party” or “Parties” shall mean a GSA or in the plural, two or more GSAs within the Subbasin, who are signatories to this MOA.

1.10 “Plan Manager” shall mean an entity or individual, appointed at the pleasure of the Board of Directors of the Authority to perform the role of the Plan Manager and to serve as the point of contact to DWR and/or the State Water Board.

1.11 “SGMA” shall mean the Sustainable Groundwater Management Act, as amended from time to time, commencing at Water Code section 10720, together with its implementing regulations applicable to groundwater sustainability plans, set forth at California Code of Regulations, Title 23, Division 2, Chapter 1.5, Subchapter 2.

1.12 “SGMA Definitions” shall mean those SGMA-specific definitions provided by statute or regulation; in the event of any inconsistency between a term defined in this MOA and a SGMA-specific definition, the definition contained in this MOA shall prevail.

1.13 “State Water Board” shall mean the California State Water Resources Control Board.

1.14 “Subbasin” shall mean the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin.

1.15 “Subbasin-wide Activities” shall mean those activities or actions that affect the Subbasin as a whole or are otherwise required by SGMA to be determined at the Subbasin level and as defined by a unanimous vote of the Board of Directors of the Authority. An initial list of Subbasin-wide Activities is identified in Exhibit “D”.

1.16 “Water Year” shall mean the period from October 1 through the following September 30.

ARTICLE II– PURPOSE & KEY PRINCIPLES

2.1 Purpose. The Parties shall continue to work together in mutual cooperation to implement and update the GSP in compliance with SGMA, for the sustainable management of the Subbasin. Each Party hereto shall implement the terms and conditions of the GSP within their respective GSA territories.

2.2 Collaboration. The Parties intend to mutually cooperate to implement the GSP within their respective GSA territories.

2.3 Each Party’s Rights. This MOA shall not limit or interfere with any Party’s rights or authorities over its own internal matters, including, but not limited to, a Party’s legal rights to surface water supplies and assets, groundwater supplies and assets, facilities, billing and collection 3747954v4 / 21603.0005 4
procedures, GSA powers and implementation or exercise of such powers, operations, and water management and water supply matters. Nothing in this MOA is intended to modify or limit a Party’s police powers, land use authorities, or any other authority, including the authority to pursue a comprehensive groundwater adjudication or other alternative SGMA compliance strategy, should the Party deem it to be in its best interest to do so.

2.4 Management and GSP Implementation. It is the responsibility and obligation of each Party to this MOA, and any applicable separate agreements, to manage its own GSA and implement the GSP within its GSA’s boundaries. It is further the responsibility and obligation of each Party to pay its proportionate share of the Participation Percentage and other payments required as part of implementation of SGMA Subbasin-wide Activities, as may arise from time to time.

ARTICLE III – JOINT POWERS AUTHORITY

3.1 Delta-Mendota Subbasin GSAs Joint Powers Authority. The Parties entered into that certain Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement effective December 1, 2025, to form the Delta-Mendota Subbasin GSAs Joint Powers Authority (the “Authority”). The Board of Directors of the Authority superseded and replaced the Coordination Committee identified in the Original MOA. All of the Parties to this MOA are Members of the Authority.

ARTICLE IV – APPROVAL BY INDIVIDUAL PARTIES

4.1 Where law or this MOA require separate written approval by each of the Parties, such approval shall be evidenced in writing by providing the adopted resolution or minutes of the respective GSA’s Board of Directors’ meeting to the Secretary of the Authority.

ARTICLE V – POWERS RESERVED TO PARTIES

5.1 Nothing in this MOA shall be interpreted to deprive any Party of its right to:
(a) Act as a GSA within its boundaries;
(b) Exercise authorities granted to each of the Parties as a GSA under SGMA in a manner consistent with the adopted GSP;
(c) Exercise authority to implement SGMA and any GSP adopted pursuant to this MOA consistent with the terms and conditions set forth therein; and (d) Defend, with legal counsel of its own choosing, any challenge to the adoption or implementation of a GSP developed pursuant to this MOA.

ARTICLE VI – EXCHANGE OF DATA AND INFORMATION

6.1 Exchange of Data and Information. The Parties acknowledge and recognize pursuant to this MOA that the Parties will need to exchange data and information among and 3747954v4 / 21603.0005 5
between the Parties. Procedures for exchanging of such data and information are outlined in Article XI of the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement.

ARTICLE VII – MONITORING NETWORK

7.1 In accordance with SGMA, the Parties hereby agree to coordinate to develop and maintain a monitoring network at a Subbasin level. The Subbasin monitoring network description shall include monitoring objectives, protocols, and data reporting requirements specific to enumerated sustainability indicators. Each GSA is responsible for the following:
(a) Operating and maintaining the representative monitoring network within its boundary;
(b) Filling data gaps in its GSA on a defined schedule; (c) Collecting data per the approved Subbasin-wide monitoring protocol; (d) Considering developing and maintaining a supplementary network for collecting data in excess of the minimum need, for the purposes of supporting local management decisions (since the level of detail necessary may not be sufficient in a Subbasin level network); and
(e) Each GSA shall have a minimum of one representative monitoring well (measuring water level and water quality) from each aquifer (above the Corcoran Clay layer – shallow aquifer, or below the Corcoran Clay layer – deep aquifer) in which it has groundwater pumping either within its GSA boundaries or within the area of influence of the pumping that is occurring, sufficient to meet the recommendations of the Subbasinwide GSP consultant.

7.2 The minimum monitoring network shall be based on the evaluation performed by the Subbasin-wide GSP consultant and may change from time to time. The Subbasin-wide GSP consultant shall evaluate the monitoring network to ensure:
(a) There is a proper spatial and temporal coverage to inform a groundwater model;
(b) The level of monitoring is commensurate with the use in an area (e.g., limited monitoring well(s) in areas that do not pump or higher density of survey benchmarks in areas that have numerous deep wells); and (c) The network is balanced, so that should an exceedance occur, it is not biased or weighted as a function of a poorly distributed monitoring network.

ARTICLE VIII – COORDINATED DATA MANAGEMENT SYSTEM

8.1 The Parties developed and currently maintain a coordinated data management system that is capable of storing and reporting information relevant to the reporting requirements and/or implementation of the GSP and monitoring network of the Subbasin. After providing the 3747954v4 / 21603.0005 6
Board of Directors of the Authority with data from the individual GSAs, the Plan Manager will ensure the data is stored and managed in a coordinated manner throughout the Subbasin and reported to DWR annually as required.

ARTICLE IX – ADAPTIVE MANAGEMENT FRAMEWORK

9.1 The Parties previously established an “Adaptive Management Framework” applicable to all GSAs in the Subbasin, which is attached hereto as Exhibit “C” and incorporated herein by this reference. This Adaptive Management Framework shall be further refined as part of the GSP development and implementation.

9.2 If and when required pursuant to Exhibit “C”, each Party to this Agreement shall participate in the procedures discussed therein without regard to whether the Party is represented by another entity on the Authority’s Board of Directors.

9.3 As part of the Adaptive Management Framework, each Party commits to continue to evaluate and implement projects and management actions (“P&MAs”) within its boundaries to reach sustainability in compliance with SGMA.

ARTICLE X – MODIFICATION OF THIS MOA

10.1 Addition of a Party. A Party may be added to this MOA only upon the unanimous vote of Board of Directors of the Authority at a regular or special meeting, the Party’s execution of a counterpart of this MOA, and its provision of any additional documentation required by this MOA. No Party may be added that is not a GSA within the Subbasin or that fails to share in Coordinated Plan Expenses.

10.2 Modification or Amendment of this MOA. The Parties hereby agree that this MOA may be supplemented, amended, or modified only by a writing signed by all Parties.

10.3 Amendment for Compliance with Law. Should any provision of this MOA be determined to not be in compliance with legal requirements under circumstances where amendment of the MOA to include a provision addressing the legal requirement will cure the noncompliance, the Parties agree to promptly prepare and shall not unreasonably withhold approval of such amendment.

ARTICLE XI – WITHDRAWAL, TERM, AND TERMINATION

11.1 Withdrawal. A Party may unilaterally withdraw from this MOA without causing or requiring termination of this MOA, effective upon one (1) year written notice to the Authority’s Secretary and all other Parties. The Plan Manager shall report any such withdrawal to DWR and/or the State Water Board within five (5) days of receipt of the written notice.

Any Party who withdraws shall remain obligated for Coordinated Plan Expenses.

The withdrawing Party is obligated to pay its share of all debts, liabilities, and obligations the Party incurred or accrued under the MOA prior to the effective date of such withdrawal, which is one (1) year after providing written notice to the Secretary and all other Parties, and as also may be 3747954v4 / 21603.0005 7
established under its separate GSA Group agreement, as applicable, concerning such share of obligations.

Upon withdrawal, a Party agrees that it has a continuing obligation to comply with SGMA and any coordination guidelines and regulations issued by DWR, which require a coordination agreement if there are multiple groundwater sustainability plans in the Subbasin. This obligation shall survive the withdrawal from this MOA and is for the express benefit of the remaining Parties.

11.2 Termination. This MOA may be terminated or rescinded by the unanimous written consent of all Parties. Nothing in this MOA shall prevent the Parties from entering into a coordination agreement for coordination with any other subbasin.

11.3 Indemnification. No Party, nor any director, officer or employee of a Party, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by another Party under or in connection with this MOA. Each Party shall fully indemnify and hold harmless each other Party and its agents, directors, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party pursuant to this MOA.

ARTICLE XII – PROCEDURES FOR RESOLVING CONFLICTS

12.1 In the event of any dispute arising from or relating to this MOA, the procedures for resolving conflicts described in Article XIII of the Delta-Mendota Subbasin GSAs Joint Powers Authority Agreement shall control.

ARTICLE XIII – GENERAL PROVISIONS

13.1 Authority of Signers. The individuals executing this MOA represent and warrant that they have the authority to enter into this MOA and to legally bind the Party for whom they are signing to the terms and conditions of this MOA.

13.2 Governing Law. The validity and interpretation of this MOA will be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of Merced, State of California.

13.3 Severability. Except as provided for cure by amendment in Articles 10.2 and 10.3, if any term, provision, covenant, or condition of this MOA is determined to be unenforceable by a court of competent jurisdiction, it is the Parties’ intent that the remaining provisions of this MOA will remain in full force and effect and will not be affected, impaired, or invalidated by such a determination.

13.4 Counterparts. This MOA may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one and the same agreement.

13.5 Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this MOA and to execute such further instruments and 3747954v4 / 21603.0005 8
documents as are reasonably necessary, appropriate, expedient, or proper to carry out the intent and purposes of this MOA.
3747954v4 / 21603.0005 9
Signatures on following page
3747954v4 / 21603.0005 10
IN WITNESS WHEREOF, the Parties have executed this MOA as of the Effective Date.

Dated: ________________________ ALISO WATER DISTRICT GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CENTRAL DELTA-MENDOTA GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF DOS PALOS GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF FIREBAUGH GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF GUSTINE GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF LOS BANOS GSA
Print Name: __________________________
Print Title: ___________________________
3747954v4 / 21603.0005 11
Dated: ________________________ CITY OF MENDOTA GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF NEWMAN GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ CITY OF PATTERSON GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ COUNTY OF MADERA GSA – DELTAMENDOTA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ COUNTY OF MERCED DELTA-MENDOTA GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ DM II GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ FARMERS WATER DISTRICT GSA Print Name: __________________________
Print Title: ___________________________
3747954v4 / 21603.0005 12
Dated: ________________________ FRESNO COUNTY MANAGEMENT AREA A GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ FRESNO COUNTY MANAGEMENT AREA B GSA
Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ GRASSLAND GSA
Print Name: __________________________
Print Title: ___________________________
3747954v4 / 21603.0005 13
Dated: ________________________ NORTHWESTERN DELTA-MENDOTA GSA

STANISLAUS COUNTY
___________________________________________
Print Name: __________________________
Print Title: ___________________________

APPROVED AS TO FORM
By: ___________________________
___________________________

MERCED COUNTY
___________________________________________
Print Name: __________________________
Print Title: ___________________________

APPROVED AS TO FORM
By: ___________________________
___________________________
Dated: ________________________ PATTERSON IRRIGATION DISTRICT GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ SAN JOAQUIN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY GSA
Print Name: __________________________
Print Title: ___________________________
3747954v4 / 21603.0005 14
Dated: ________________________ TURNER ISLAND WATER DISTRICT–2 GSA Print Name: __________________________
Print Title: ___________________________
Dated: ________________________ WEST STANISLAUS IRRIGATION DISTRICT GSA
Print Name: __________________________
Print Title: ___________________________
3747954v4 / 21603.0005 15
EXHIBIT “A”
Parties to the MOA

1. Aliso Water District GSA

2. Central Delta-Mendota GSA
(Includes: County of Fresno, County of Merced, Eagle Field Water District, Fresno Slough Water District, Mercy Springs Water District, Oro Loma Water District, Pacheco Water District, Panoche Water District, San Luis Water District, Santa Nella County Water District, Tranquillity Irrigation District, and Widren Water District GSA)

3. City of Dos Palos GSA

4. City of Firebaugh GSA

5. City of Gustine GSA

6. City of Los Banos GSA

7. City of Mendota GSA

8. City of Newman GSA

9. City of Patterson GSA

10. County of Madera GSA – Delta-Mendota

11. County of Merced Delta-Mendota GSA

12. DM II GSA

13. Farmers Water District GSA

14. Fresno County Management Area A GSA

15. Fresno County Management Area B GSA

16. Grassland GSA

17. Northwestern Delta-Mendota GSA

18. Patterson Irrigation District GSA

19. San Joaquin River Exchange Contractors GSA
(Includes: Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) 3747954v4 / 21603.0005 16

20. Turner Island Water District–2 GSA

21. West Stanislaus Irrigation District GSA
3747954v4 / 21603.0005 17

EXHIBIT B

BOARD OF DIRECTORS REPRESENTATIVES & PARTICIPATION PERCENTAGES Board of Directors Representatives (alphabetically) Group Contact Agency Participation
Percentage
1 Aliso Water District GSA Aliso Water District GSA 1/7 Aliso Water District GSA
2 Central Delta-Mendota GSA Central Delta-Mendota GSA 1/7 Central Delta-Mendota GSA
3 Farmers Water District GSA Farmers Water District GSA 1/7 Farmers Water District GSA
4 Fresno County Management Area A and B
GSAs Group Fresno County 1/7
Fresno County Management Area A GSA
Fresno County Management Area B GSA
5 Grassland GSAs Group Grassland Water District 1/7
Grassland GSA
Merced County Delta-Mendota GSA
6 Northern Delta-Mendota GSAs Group West Stanislaus Irrigation District 1/7 City of Patterson GSA

DM-II GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
7 San Joaquin River Exchange Contractors GSAs
Group
San Joaquin River Exchange
Contractors GSA 1/7
City of Dos Palos GSA
City of Firebaugh GSA
City of Gustine GSA
City of Los Banos GSA
City of Mendota GSA
City of Newman GSA
County of Madera GSA – Delta-Mendota
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSA
Turner Island Water District-2 GSA
3747954v4 / 21603.0005 18
EXHIBIT “C”

ADAPTIVE MANAGEMENT FRAMEWORK FOR THE SUBBASIN
The Groundwater Sustainability Agencies (“GSAs”) in the Delta-Mendota Subbasin (the “Subbasin”) acknowledge that the Sustainable Groundwater Management Act (“SGMA”) has a long-term horizon to achieve sustainability and that management of the Subbasin will require an iterative process on the part of the GSAs and the Board of Directors of the Authority to review groundwater conditions at least annually and propose revisions to underlying data, methodologies, assumptions, sustainable management criteria, projects, management actions, and other Subbasinwide coordinated information as necessary to meet changing conditions. Accordingly, the GSAs in the Subbasin establish the following framework for addressing MT exceedances in the SGMA implementation period, as will be further described in the adopted GSP:

1. As a Subbasin-wide Activity, the Subbasin-wide GSP Consultant shall initiate a review of Subbasin-wide data within sixty (60) days after that data is due to be submitted by each GSA (the “Review”). As reporting dates vary based upon the Sustainable Management Criteria (“SMC”), this Review will be done on a regular basis and will be a regular agenda item on the Authority’s Board of Directors agenda.

2. The Review shall take into account all matters to be considered in the Annual Report pursuant to the DWR Regulations, section 356.2, including, but not limited to, changes in groundwater elevation, groundwater storage, subsidence, water quality and the status of minimum thresholds (“MTs”) and interim milestones in the Subbasin GSP.

3. Should GSA activities result in either a) a pattern of data showing a downward trend (towards a MT exceedance), or b) a MT exceedance, the Authority (at the recommendation of the Plan Manager, a designated subcommittee, or the Subbasin-wide GSP Consultant) shall immediately notify the GSA and add the downward trend or exceedance information to the next Authority’s Board of Directors agenda packet. That GSA shall also be provided with a checklist to help evaluate possible causes of the MT downward trend or exceedance.

4. The GSA may request the Subbasin-wide GSP Consultant to coordinate such trend or exceedance information with that GSA’s own consultant, as applicable. Within thirty (30) days of said notice, the GSA shall present a plan of action to the Board of Directors of the Authority to address how the GSA will mitigate any downward trend or exceedance and in what timeframe.

The intent is for the Board of Directors of the Authority to discuss the mitigation plan in an effort to provide helpful ideas to the GSA. However, the GSA is solely responsible for the management actions within its boundaries and the costs to remedy the cause of the MT exceedance if it is attributed to activities occurring within such GSA’s jurisdictional boundaries and/or that GSA is not operating within its Sustainable Yield (the “Responsible GSA”). At its sole cost and expense, the Responsible GSA may ask the Subbasin-wide GSP Consultant to further determine: (a) what caused the exceedance; (b) whether or not the Responsible GSA has control over the cause of the MT downward trend or exceedance; (c) whether it is an intra-basin impact from another GSA or an inter-basin impact by a neighboring subbasin; and (d) whether or not the MT exceedance caused injury.
3747954v4 / 21603.0005 19

5. If there is a determination by the Subbasin-wide GSP Consultant that any MT downward trend or exceedance was caused by intra-basin impacts from another GSA within the Subbasin, such determination will be brought back to the Authority’s Board of Directorsfor further discussion and potential Subbasin-wide action. The Authority’s Board of Directors will work with other GSAs to increase existing GSA coordination to remedy the issues causing the downward trend or exceedance and to remedy the responsibility of costs associated with identifying and mitigating the exceedance.

6. If there is a determination that any MT exceedance was caused by a neighboring subbasin, this should be brought back to the Board of Directors of the Authority for further discussion and potential Subbasin-wide action. Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or exceedance across Subbasin boundary lines (such as water quality issues, subsidence, or depletion of interconnected surface waters) shall be shared pursuant to the Participation Percentages of the Authority (i.e. 1/7th each). The Authority’s Board of Directors will work with other subbasins to expand existing inter-basin coordination to remedy the issues causing the downward trends or exceedances.

7. In the event that the GSA is unable to mitigate or avoid future MT exceedances with its existing projects and management actions (“P&MAs”) and within the timeframe presented to the Authority’s Board of Directors, the GSA may seek assistance from the Authority. The Board of Directors of the Authority may recommend policies or programs to the GSA that the GSA could, in its discretion, adopt to remedy the existence of a MT exceedance and to avoid undesirable results. Furthermore, the Board of Directors of the Authority may consider setting triggers in the GSP for GSAs to implement management actions [e.g., sequencing P&MAs] or work on alternative options.
3747954v4 / 21603.0005 20
The Authority’s Board of
Directors provides
immediate notice to each
GSA with a MT
Exceedance & discusses it
at the following
Authority’s Board of
Directors meeting. The
GSA is provided with a
checklist to help evaluate
possible causes.

On a rolling
basis, annual
data and
information is
due to the
Subbasin-wide
consultant.

Within 60 days of
deadline to submit
information,
Subbasin-wide
consultant Reviews
data for MT
Exceedances &
potential trends in
said exceedances.

Within 30 days of
receiving such
information, the GSA
with MT Exceedances
presents a mitigation
plan & timeline to the
Authority Board of
Directors.

GSA may decide
to have Subbasin
consultant do
further research,
at its sole cost.

Within timeframe
presented by GSA,
GSA presents to
Authority’s Board of
Directors mitigation
plan that is
successful.

Within timeframe
presented by GSA,
MT Exceedances
are still occurring.

GSA and Subbasinwide GSP Consultant
determine that MT
Exceedance is caused
by neighboring
subbasin GSA(s) or
intra-basin Subbasin
GSA impacts
Authority’s Board
of Directors meets
& negotiates with
neighboring
Subbasin GSA or
GSA(s)
GSA &
Authority’s Board
of Directors
recommend
triggers in GSP for
implementing
P&MAs GSA &
Authority’s
Board of
Directors work
on alternative
options.
3747954v4 / 21603.0005 21
EXHIBIT “D”

SUBBASIN-WIDE ACTIVITIES
(Initial List)
• Preparation of and submittal of annual reports
• Preparation of annual estimates of Coordinated Plan Expenses presented by the Secretary and any updates to such estimates, in accordance with the budgetary requirements of the respective Parties
• Plan Manager costs and expenses for the work directed by the Authority’s Board of Directors
• Subbasin-wide Consultant costs and expenses, including, but not limited to, collecting information from the Subbasin GSAs, processing technical data, and those identified in Exhibit “C” for the Adaptive Management Framework for the Subbasin
• Preparation of and submittal of five-year updates to the GSP • Revisions to this MOA
• Subbasin-wide outreach
• Litigation costs for an attorney coordinating the GSAs for litigation filed against the entire Subbasin
• Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or MT exceedance across Subbasin boundary lines 455 W. Fir Avenue
Clovis, CA 93611
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/b9c61b47-a43e-48be-94b6- 116e834952b8/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_87.ppeng.egnyte.com/City Eng Council Report.docx Engineering  Surveying  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Clovis  Bakersfield  Visalia  Modesto  Los Banos  Chico  Merced  Sacramento Memorandum
To: City Council via Cristian Gonzalez, City Manager
From: Michael Osborn, City Engineer
Jeff O’Neal, City Planner
Subject: City Engineer’s Report to City Council
Date: February 24, 2026
Engineering Projects:

Streets

1. Citywide RRXG Improvements:
• Coordinating scope of crossing improvements with Railroad, Caltrans & CPUC • Construction anticipated in Winter 2026

2. Derrick & Oller Roundabout
• Construction substantially completed, pending punchlist items & final street light poles

3. 5
th & Quince Street Reconstruction:
• Inter-Agency Consultation on 2/25 to allow NEPA clearance • RFA for $797,754 in STBG funds
• Construction planned for Summer 2026, pending NEPA clearance

4. Amador & Smoot Extension:
• Land from WWD for easement/right-of-way is obtained & cleared • RFA for $796,806 in STBG & CMAQ TPP funds
• Inter-Agency Consultation on 3/18 to allow NEPA clearance • Construction date is to be determined, pending NEPA clearance

5. 2024 Local Street Reconstruction:
• Grant Agreement with HUD pending
• Bid Advertisement started 2/27; Bid Opening 3/27
• Construction funded with CPF Congressional Appropriations planned for Summer 2026

6. Divisadero Street Reconstruction (Lolita to Juanita):
• RFA for $985,157 in STBG funds submitted; authorization for CON received • Bid advertisement began 1/16 & bid opening on 2/17
• Award of construction contract at 3/3 meeting
• Construction planned for Spring 2026

7. Divisadero & Inez Street Reconstruction (Juanita to Inez):
• Locally funded
• Bid advertisement will started 2/20; bid opening 3/17 • Construction planned for Spring 2026
To: City Council via City Manager February 24, 2026
City Engineer’s Report to City Council Page 2 of 3
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/b9c61b47-a43e-48be-94b6- 116e834952b8/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_87.ppeng.egnyte.com/City Eng Council Report.docx Parks

1. Triangle Park (new):
• Creation of Triangle Park as part of 2nd Street Stormwater Project Water

1. Well 10 and Water Main Relocation
• Construction documents are completed and potential to bid and construct; • Coordination with USBR, BB Limited & PG&E

2. Backwash Reclaim Project
• Design in progress; looking for funding opportunities for construction

3. Westside Water Tank & Booster Pump
• ARPA funded design completed
• Coordinated with Amador & Smoot Extension design
• Construction started in September will progress through July 2026

4. New Water Tank at WTP
a. Design in progress; grouping with Backwash Reclaim tank Sewer

1. Westside Sewer Interceptor Extension
• Design in progress, 90% design level construction documents in review Storm Drainage

1. 2
nd Street Stormwater Project:
• Prop 1 TA funded preliminary engineering completed
• Grant Agreement executed for $7,565,724 in OSG funding • Includes Triangle Park improvements & tree planting at Mendota Elementary • Staff and City Engineer working to obtain easement over APN 013-050-74S • Preparation of construction documents to started this month with target of construction in Summer/Fall 2026
Planning/Development Projects

1. Rojas Pierce Park Annexation
• Land acquired from WWD; will annex with Crown development

2. Airport Land Use Plan
• Coordinating with City staff and Airport Subcommittee

3. Belmont & SR 33 Gas Station
• 1
st submittal of site improvement plans reviewed, waiting for resubmittal

4. General Plan Update
• In progress; submitting Legislative Assessment this month & scheduling presentation to Council in spring

5. Crown Single Family Residential Developments
• Coordinating with developers’ design teams for studies and layout in preparation Tentative Map submittal expected soon

6. TTM 6547 Residential Development
• Tentative Tract Map application submitted on 12/6; staff and City Planner comments were returned on 2/4
To: City Council via City Manager February 24, 2026
City Engineer’s Report to City Council Page 3 of 3
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/b9c61b47-a43e-48be-94b6- 116e834952b8/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_87.ppeng.egnyte.com/City Eng Council Report.docx Grant Applications:

1. 2025 Alley Paving Project:
• Application for $962,974 in CMAQ funding submitted to FCOG for competitive call for projects was awarded full funding

2. 7
th Street Pavement Rehabilitation (Naples to Unida):
• Application for $1,878,803 in STBG funding submitted to FCOG for competitive call for projects was awarded full funding

3. Smoot Avenue Reconstruction (west of Sorensen):
• Application for $410,915 STBG funding submitted to FCOG for competitive call for projects was awarded full funding with additional TIFIA funds transferred to the STBG program

4. Naples Street Reconstruction (5th to 8th):
• Application for $1,641,442 in STBG funding submitted to FCOG for competitive call for projects was awarded full funding

5. Measure C SRTS:
• One-time funding opportunity awarded for $906, 587.40 to fund all infrastructure improvements identified in SRTS Master Plan plus a median in Belmont in front of Mendota High School
On-going (this month):

1. Representation of the City at FCOG TTC

2. Coordination of road projects with Caltrans

3. Assistance to staff for grant obligations & opportunities

4. Coordination with USACOE and NEPA for Panoche Creek flood study, completed

5. Following up with FAA for airport closure

6. Assistance with Community Center project & MUSD District Offices

7. Coordination with FCTA & FCOG for Measure C funds
Overall P&P Staff engaged (month of January):
• Engineers: 17
• Planners:8
• Surveyors: 3
• Environmental Specialist: 0
• GIS/CAD Specialists: 1
• Construction Manager: 1
• Project Administrator: 4
• Public Relations: 1
Abbreviations:

EOPCC – Engineer’s Opinion of Probable Construction Cost NTP – Notice to Proceed
CUCCAC – California Uniform Construction Cost Accounting Commission
STBG – Surface Transportation Block Grant
CMAQ – Congestion Mitigation and Air Quality (grant)
ATP – Active Transportation Plan (grant)
RFP – Request for Proposal
RFA- Request for Authorization (for grant funding thru Caltrans) FCOG – Fresno Council of Governments
ADA – Americans with Disabilities Act
DBE – Disadvantaged Business Enterprise
TTC – Technical Transportation Committee (through FCOG) RTP/SCS – Regional Transportation Plan, Sustainable
Communities Strategies
OSG – Sewer Overflow and Stormwater Reuse Grant