Mountain House City Council
September 25, 2025

AGENDA
Thursday, September 25, 2025
Regular City Council Meeting 7:00 p.m.

Mountain House Town Hall
251 East Main Street, Mountain House, CA 95391

CITY COUNCIL

ANDY SU
Mayor

BERNICE KING TINGLE
Vice Mayor
Council Members

MATT DISKO RONNA GREEN DANIEL HARRISON

ADMINISTRATION
STEVEN J. PINKERTON
City Manager

JOHN BAKKER
City Attorney

MARGARET WIMBERLY
City Clerk

CALL TO ORDER AND ROLL CALL

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PUBLIC COMMENTS
Public comments are limited to three minutes per person, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda.

Under the Brown Act, Items brought up during public comment that are not on the agenda cannot be discussed or acted upon by the Council, however, items necessitating a response will be included in the next City Manager update and posted on the City’s website.

RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS
Presentation on the Public Safety, and Monthly Report from Rank Security and Mountain House Police Services provided by San Joaquin County Sheriff’s Office, and Mountain House Fire Department and Emergency Medical Services (EMS) presented by French Camp Fire Department
RANK Public Safety Report

1. 2.

3. 4.

5. 6.

6.1 6.1.1
Police Services Public Safety Report
Mountain House Fire Department
Recognition of Mountain House Fire Department Personnel for CPR Field Save Lammersville Unified School District Update

CITY COUNCIL CONSENT ITEMS
Consent agenda items (which may include Ordinances, Resolutions, Informational Reports, Approval Actions and Motions) will be acted upon by the City Council at one time without discussion. Any Council Member or member of the public may request removal of an item from the consent calendar for discussion.

Minutes of September 10, 2025
List of Contracts signed under the City Manager Signature Authority Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to Agreement A-2526-11 with Bear Electrical Solutions, LLC for the Mountain House Parkway Traffic Signal Synchronization Project
Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to:

Execute Amendment No. 1 to Agreement A-2526-11 with Bear Electrical Solutions, LLC for the Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315), increasing the not-to-exceed contract amount by $20,700 for a revised total of $228,345.

1. Take all appropriate and necessary actions to carry out the purpose and intent of this resolution.

2. Re-Authorization of Agreement A-2526-37 with Foley & Lardner LLP for Federal Legislative and Funding Advocacy Services (Revised Legal Provisions – No Change to Scope or Cost)
Recommendation:

Staff recommends that City Council adopt a resolution:

Authorizing the City Manager to execute Agreement A-2526-37 with Foley & Lardner LLP for Federal legislative and funding advocacy services, in the revised form attached to the resolution as Exhibit 1, through June 30, 2028, in an amount not-toexceed $363,000, with an optional two-year extension through June 30, 2030, in an additional amount not-to-exceed $256,000, for a total contract amount of $619,000.

1. Authorizing the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of these recommendations.

2. 6.1.2

6.1.3 6.2

6.3 7.

7.1 7.2

7.3 7.4
City Council Meeting Agenda Thursday, September 25, 2025 Mountain House Page 2 of 5
Adoption of an Ordinance Regulating the Parking of Oversized Vehicles, Recreational Vehicles, Boats, and Trailers
Staff recommends that the City Council conduct the second reading and adopt an ordinance:

1. Adding Section 509 to Chapter 5 of Division 2 of Title 10 of the Mountain House Municipal Code to regulate the parking of oversized vehicles, recreational vehicles, boats, and trailers; and amending Section 705 of Chapter 7 of Division 2 of Title 10 related to trailer parking, as set forth in the attached ordinance.

Staff further recommends that the City Council adopt a resolution:

2. Amending the Bail Schedule to incorporate penalties associated with violations of the ordinance.

CITY COUNCIL POLICY AND ACTION ITEMS
Declaration that 627 Square Feet within Zinnia Way is Exempt Surplus Land and Finding that such Declaration is Exempt from Environmental Review under the California Environmental Quality Act
Recommendation:

Staff recommends that the City Council adopt a resolution:

Declaring that approximately 627 square feet within Zinnia Way is exempt surplus land pursuant to the Surplus Land Act.

1. Authorizing the filing of Notice of Exemption No. NOE-CD 01-25 under the California Environmental Quality Act (CEQA) for the Declaration of Exempt Surplus Land within Zinnia Way.

2. Authorizing the conveyance of the subject property to Shea Homes Limited Partnership to clear title in connection with the processing of Tract No. 3610.

3. Authorizing the City Manager, or designee, to execute all necessary documents, including the deed, and to take all actions necessary and appropriate to carry out the purpose and intent of this resolution.

4. Award Agreement No. A-2526-14 to Data Ticket, Inc. for Parking Citation Processing, Delinquent Debt Collections, and Administrative Hearing Services Recommendation:

Staff recommends that the City Council:

Approve an exception to the competitive bidding process in accordance with Section 200 of the City’s Financial Management Manual, based on the justification provided in this report.

1. 2. Authorize the City Manager to execute Agreement No. A-2526-14 with Data Ticket,

7.5 8.

8.1 8.2
City Council Meeting Agenda Thursday, September 25, 2025 Mountain House Page 3 of 5
Inc. for parking citation processing, delinquent debt collections, and administrative hearing services, for a multi-year contract through June 30, 2028, in an amount not to exceed $118,120.46.

Authorize the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of this action.

3. Adopt a Resolution Authorizing the Pickleball Court Conversion at Central Community Park Project
Recommendation:

Staff recommends that the City Council adopt a resolution to:

Approve Notice of Exemption No. NOE-PW 02-25 under the California Environmental Quality Act (CEQA) for the Pickleball Court Conversion at Central Community Park Project.

1. 2. Approve the Pickleball Court Conversion at Central Community Park Project.

Authorize the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of this resolution.

3. Appointment of an Ad-Hoc Interview Subcommittee for one position on the San Joaquin County Mosquito and Vector Control District Board of Trustees Recommendation:

Appoint two members of the City Council to an Ad-Hoc Interview Subcommittee to interview applicants for one position on the San Joaquin County Mosquito and Vector Control District Board of Trustees

CITY COUNCIL DISCUSSION ITEMS
Receive a Presentation on the General Plan Update – Preparatory Discussion Item ahead of the October 2 “It Takes a Village” General Plan Visioning Community Forum
Council debrief and direction on planning options for the 2026 State of the City and community celebration
Recommendation:

It is recommended that the City Council provide direction to staff regarding planning for the 2026 State of the City and Independence Day community celebrations by selecting one of the outlined options.

City Manager's Update.

FUTURE AGENDA ITEMS
Report of Future Agenda Items and Long-Range Calendar

COUNCIL COMMENTS

CITY ATTORNEY COMMENTS

8.3 8.4

9. 9.1

9.2 9.3

10. 10.1

11. 12.

City Council Meeting Agenda Thursday, September 25, 2025 Mountain House Page 4 of 5

CITY MANAGER COMMENTS

ADJOURNMENT
If you need disability-related modification or accommodation in order to participate in this meeting, please contact the City Clerk at (209) 831-5039 or at [email protected] at least 48 hours prior to the start of the meeting.

Government Code Section §54954.2 (a). Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in Town Hall located at 251 East Main Street during normal business hours.

POSTING STATEMENT: On September 19, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside Mountain House Town Hall, 251 East Main Street, Mountain House, CA 95391 and at our website www.mountainhouseca.gov.

13. 14.

City Council Meeting Agenda Thursday, September 25, 2025 Mountain House Page 5 of 5
Public Safety
Staff Report
TITLE: RANK Public Safety Report
MEETING DATE: September 25, 2025
PREPARED BY: Anthony De Frenchi Captain
SUBJECT: RANK Update on Recent Incidents and Initiatives RECOMMENDATION:

RANK recommends that the City Council receive this report on recent RANK incidents, emergency responses, and department activities.

EXECUTIVE SUMMARY:

This report provides an update on key security activities within the city of Mountain House. Our security officers have either discovered or dispatched to over 327 specific incidents. In addition to those duties, we continue to provide security duties to specific Mountain House facilities and villages. We continue to support the Mountain House Police Services in non-law enforcement activities and the Mountain House Fire Department.

Last month all officers assigned to Mountain House attended our mandatory quarterly firearms training
ANALYSIS:

Officer Activity Log
Specific Incident Documentation 327 2025 2024
Suspicious Person 3 1
Suspicious Vehicle 12 9
Occupied Vehicle Welfare Check 2 0
Noise Disturbance 2 2
Trespassing 4 7
Alarm Calls 12 9
Fire Calls 4 2
Medical Calls 27 0
Town Hall Checks 36 18
Open Door 3 0
Citizen Assist 3 3
Traffic Control for Police Services and Fire Dept 4 2

6.1.1 2
Collision Unknown Injury 5 4
Assist with School Crossing 54 0
Vandalism 1 2
Security Checks 466 646
Vacation Checks 20 0
Park Hours 3 3
Park Restroom Check 117 17
Security Activity Log 823 777
Equipment and Facility Updates
On September 30 our new repeater will be installed. This will improve communication and officer safety.

PUBLIC SAFETY INITIATIVES:

Community Outreach:
● Public Safety Security meets with all Public Safety Team members (Police, Fire, Community Preservation) and the Recreation Department.
● Public Safety officers are stationed at various schools during morning arrival and afternoon dismissal times. They monitor vehicle traffic and help ensure the safety of pedestrians traveling to and from school
Camera Monitoring
Public Safety Security dispatch continues to monitor the Mountain House strategically placed security cameras 24/7. Incidents are reported directly to the Mountain House Police Services or to Mountain House Security officers.

PUBLIC SAFETY INITIATIVES:

6.1.1 Public Safety
Staff Report
TITLE: Police Services Public Safety Report
MEETING DATE: September 25, 2025
PREPARED BY: Lieutenant A. Izaguirre
SUBJECT: Police Services Update on Recent Incidents and Initiatives RECOMMENDATION:

Police Services recommends that the City Council receive this report on recent Police Services incidents, emergency responses, and department activities.

EXECUTIVE SUMMARY:

This report provides an update on key Mountain House Police Services activities. **Reminder to lock ALL doors, both vehicles and homes and take valuables out of the vehicles and into your homes**
**Reminder for all on bicycles, e-bikes, and electrical scooters to follow the rules of the road and obey all traffic signals/signs**
**Reminder that unregistered motor/dirt bikes are not permitted on city streets & subject to citations and towing**
ANALYSIS:

Incident Reports
· Total MH Police Services Incidents: 933 calls for service (898 Previous month) · Property Crimes: 18 Incidents (12 incidents previous month) · Violent Crimes: 0 Incidents (2 Previous Month)
· Other Assaults: 5 (8 Previous Month)
· Traffic Stops: 171 Traffic Stops (87 Previous month)
· Traffic Citations issued: 228 Traffic Citations Issued (41 Stop Sign) & (103 Citations Issued the previous month)
· Parking Citations Issued: 16 Citations Issued (20 issued previous month) · Vehicle Accidents: 22 (09 Previous month)
· DUI Arrest: 1 Incident (2 DUI arrests previous month)

6.1.2 2
· Outside Agency Assist: 16 (20 assists previous month) · Helmet Citations: 0 Citations (2 citations previous month) Significant Incidents for August 2025:
· Arrests: 4 Physical Arrests, 1 Warrant Arrest
· Reports Taken: 311 Documented Reports Taken

Equipment and Facility Updates
· New Equipment: e-Citation software: Training taking place on October 1st and 2nd for Deputies to include the collision software.
· 1 Chevy Truck, 3 Chevy Tahoes purchased by the City have arrived and exterior outfitted with lights and wiring. Awaiting the purchase agreement between Motorola & City. · Facility Improvements: NA
PUBLIC SAFETY INITIATIVES:

Community Outreach:
· The SJSO Motor Competition is scheduled for this Saturday, 9/27/2025, in Manteca. Put together by Deputy Cody Grant.

Prevention Programs:
· 9/10/25; Traffic Enforcement Operation w/ Tracy PD, CHP, and SJSO Motors was conducted. A total of 98 citations were issued during the day.

PUBLIC SAFETY INITIATIVES:

ATTACHMENTS:

A. Traffic Citations Issued during the current fiscal year (monthly)

6.1.2 Citations Issued Monthly
July 2024: 182 Citations (52 Stop Signs)
August 2024: 70 Traffic Citations (19 Stop Signs)
September 2024: 78 Traffic Citations (21 Stop Signs)
October 2024: 133 Traffic Citations (81 Stop Signs)
November 2024: 70 Traffic Citations (24 Stop Signs)
December 2024: 84 Traffic Citations (7 Stop Signs)
January 2025: 161 Traffic Citations; Updated to 188 (65 Stop Signs) February 2025: 133 Traffic Citations; Updated to 178 (51 Stop Signs) March 2025: 146 Traffic Citations; Updated to 188 (45 Stop Signs) April 2025: 169 Traffic Citations; Updated to 270 (39 Stop Signs) May 2025: 90 Traffic Citations; Updated to 128 (27 Stop Signs) June 2025: 87 Traffic Citations; Updated to 119 (7 Stop Signs) July 2025: 103 Traffic Citations
August 2025: 228 Citations
*** Citations are hand-entered by Records Staff and can take up to 3 weeks to be processed and entered into RMS, may not reflect true and accurate numbers ***

6.1.2 Public Safety
Staff Report
TITLE: Mountain House Fire Department
MEETING DATE: September 25, 2025
PREPARED BY: Marty Cornilsen, Fire Chief
SUBJECT: Public Safety Report
RECOMMENDATION:

Fire recommends that the City Council receive this report on recent Fire Department incidents, emergency responses, and department activities.

EXECUTIVE SUMMARY:

Mountain House Fire Department was active in the month of August. The fire service handled a total of 107 calls for service. This month we also provided the council with a breakdown of our response times for August. As always, the department is involved in several community and county events to include National Night Out, School Assemblies, State Mutual Aid Response.

ANALYSIS:

Call Type August 2025 July 2025 August 2024
Total Calls 107 96 80
EMS 69 52 56
Fires 4 17 4
Service Calls 5 9 2
False Alarms 16 10 12
Mutual Aid 5 5 0
Traffic Accident 7 3 6
Water Rescue 1 0 0
PUBLIC SAFETY INITIATIVES:

Community Outreach:

The Fire Department would like to remind our public of the presence of school students both arriving and departing from our schools and neighborhoods. The Fire Department encourages everyone that is riding a bike, skateboard or any electric device to wear a secure helmet for their safety.

6.1.3 2
PUBLIC SAFETY INITIATIVES:

ATTACHMENTS:

A. Photos (National Night Out, Strike Team Deployment, Rotary Club FF Award, County OES Drone Training).

B. Pancake Breakfast on October 11, 2025
C. Fire Statistics

6.1.3 6.1.3

6.1.3 6.1.3

6.1.3 6.1.3

6.1.3 6.1.3

6.1.3 6.1.3

6.1.3 6.1.3
Mountain House Fire Department
August 2025 July 2025 August 2024
Total Calls – 107 Totals Calls- 96 Total Calls - 80
EMS – 69 EMS - 52 EMS - 56
Fires -4 Fires - 17 Fires - 4
Service Calls – 5 Service Calls - 9 Service Calls - 2
False Alarms – 16 False Alarms - 10 False Alarms - 12
Mutual Aid – 5 Mutual Aid - 5 Mutual Aid - 0
Traf�ic Accident – 7 Traf�ic Accidents – 3 Traf�ic Accident - 6 Water Rescue – 1 Water Rescue – 0 Water Rescue - 0
Overlapping Calls – 15 Overlapping Calls - 11 Overlapping Calls - 6 Turnout Times
EMS
64% Fires
4%
Traffic Accident
6%
Service Call
5%
Mutual Aid
5%
False Alarm
15%
Water Rescue
1%
August 2025
EMS Fires Traffic Accident Service Call Mutual Aid False Alarm Water Rescue Fire & Special OPS
90th Percentile - Fastest Units:
00:02:08
90th Percentile - All Units:
00:02:12
EMS
90th Percentile - Fastest Units:
00:02:14
90th Percentile - All Units:
00:02:12

6.1.3 Mountain House Fire Department
Hot Spots
Response Time Compliance – August 2025
82% under compliance response time of 429 seconds
Response Time Compliance – July 2025
82% under compliance response time of 429 seconds
Response Time Compliance – August 2024
81% under compliance response time of 429 seconds
August 2025 Training Hours – 254 / June 2025 – 256 /August 2024 - 320 Training consists of EMS, Fire Suppression (structural & wildland), auto extrication, of�icer development and technical rescue.

EMS
38%
FIRE
38%

TECH RESCUE
7%

OFFICER

DEVELOPMENT
17%
Training Hours

EMS FIRE TECH RESCUE OFFICER DEVELOPMENT

6.1.3 Present:

Andy Su, Mayor
Bernice King Tingle, Vice Mayor
Matt Disko, Council Member
Daniel Harrison, Council Member
Ronna Green, Council Member

CITY COUNCIL

MINUTES
Wednesday, September 10, 2025

1. CALL TO ORDER AND ROLL CALL
Mayor Su called the meeting to order at 7:00 p.m.

2. MOMENT OF SILENCE
Mayor Su held a moment of silence.

3. PLEDGE OF ALLEGIANCE
Council Member Disko led the pledge of allegiance.

4. APPROVAL OF AGENDA
Motion: Council Member Disko
Second: Council Member Harrison
It was moved/seconded by Disko/Harrison to approve the agenda as recommended by staff.

Motion carried unanimously with Council Members Disko, Green, Harrison, Tingle, and Mayor Su in favor.

Vote: Carried

5. PUBLIC COMMENTS
None.

6. RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS

6.1 Youth Action Committee Update.

Yalini Sampathkumar, Youth Action Committee member, provided an update on the committee to the City Council.

6.2 Lammersville Unified School District Update.

7. CITY COUNCIL CONSENT ITEMS
Motion: Vice Mayor Tingle
Second: Council Member Green
It was moved/seconded by Tingle/Green to approve the Consent Calendar as recommended by staff. Motion carried unanimously with Council Members Disko, Green, Harrison, Tingle, and Mayor Su in favor.

Vote: Carried (5 to 0)

7.1 Approve Minutes of August 27, 2025

8. CITY COUNCIL POLICY AND ACTION ITEMS

8.1 Introduction of an Ordinance Regulating the Parking of Oversized Vehicles, Recreational Vehicles, Boats, and Trailers
Roger Alvarez, Community Preservation Officer, presented the staff report. Following the presentation of the staff report, Mayor Su opened the public comment period, there being no one wishing to speak it was closed.

Motion: Council Member Disko
Second: Vice Mayor Tingle
Waived the first reading and introduced the Ordinance amending Chapter 5 of Division 2 of Title 10 of the Mountain House Municipal Code to regulate the parking of oversized vehicles, recreational vehicles, boats, and trailers, as set forth in the Ordinance.

Vote: Carried (5 to 0)

8.2 Consider Appointments to the League of California Cities Central Valley Division Executive Board
Following the presentation of the staff report, Mayor Su opened the public comment period, there being no one wishing to speak it was closed.

Motion: Council Member Harrison
Second: Vice Mayor Tingle
The Mayor, with the concurrence of the City Council, appointed Council Member Green and Council Member Disko as an alternate to the League of California Cities Central Valley Division Board
Vote: Carried (5 to 0)

9. CITY COUNCIL DISCUSSION ITEMS

9.1 Neighborhood Right of Way Tree Maintenance Program Discussion This is a discussion item. Staff recommends that the City Council review and discuss the proposed Neighborhood Right of Way (ROW) Tree Maintenance Program and provide direction on the following:
• Code Compliance, Public Works, and administrative costs • Performance metrics to evaluate program effectiveness • Published unit pricing for services
• Final incentive structure and funding caps
• Program cost model and multi-year budget projections
Doug Louie, Operations and Maintenance Superintendent, presented a report to the City Council.

9.2 Receive Presentation on the GOGov platform, branded as “My Mountain House.” Doug Louie, Operations and Maintenance Superintendent, presented an overview of the GoGov platform which is branded as the My Mountain House App.

9.3 Discussion of Potential Community Storage Program
Jodi Almassy, Deputy City Manager, presented a report to the City Council. There was no interest from the Council in moving forward. There was not a consensus of the Council to take further action on the item.

9.4 City Manager’s Update
Steven Pinkerton, City Manager, provided an update to the City Council.

10. FUTURE AGENDA ITEMS

10.1 Report of Future Agenda Items and Long-Range Calendar Steven Pinkerton, City Manager, provided an overview of future agenda items and the Long-Range calendar.

11. COUNCIL COMMENTS
Council Member Harrison inquired about the Christmas tree in Central Park.

Council Member Green inquired about the removal of the Cottonwood Tree in Central Park, and the potential removal of a similar tree in another neighborhood.

12. CITY ATTORNEY COMMENTS
None.

13. CITY MANAGER COMMENTS
None.

14. ADJOURNMENT
Mayor Su adjourned the meeting at 8:51 p.m.

TITLE: List of Contracts signed under the City Manager Signature Authority MEETING DATE: September 25, 2025
PREPARED BY: Kawal Preet, Senior Management Analyst

RECOMMENDATION
There is no action required for an informational item.

DISCUSSION
To maintain alignment with past practices, staff is bringing forward the report of any contracts signed under the City Manager’s spending authority.

No contracts were signed by the City Manager, or designee, under the Purchasing Agent authority, during the month of August 2025.

FISCAL IMPACT
There is no adverse fiscal impact to the Fiscal Year 2025-2026 adopted budget.

ATTACHMENTS
None

7.2 TITLE: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to Agreement A-2526-11 with Bear Electrical Solutions, LLC for the Mountain House Parkway Traffic Signal Synchronization Project
MEETING DATE: September 25, 2025
PREPARED BY: Hamid Parsa, Engineer V

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to:

1. Execute Amendment No. 1 to Agreement A-2526-11 with Bear Electrical Solutions, LLC for the Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML5929(315), increasing the not-to-exceed contract amount by $20,700 for a revised total of $228,345.

2. Take all appropriate and necessary actions to carry out the purpose and intent of this resolution.

BACKGROUND
The San Joaquin Council of Governments (SJCOG) annually solicits projects through the Congestion Mitigation and Air Quality Improvement Program (CMAQ), a federally funded program supporting projects that improve air quality and reduce congestion.

The Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML5929(315), was awarded funding through CMAQ. The project implements traffic signal coordination between Byron Road and Von Sosten Road. In simple terms, traffic signal synchronization means timing traffic lights to work together so vehicles encounter fewer stops and smoother traffic flow along the corridor. This corridor is one of the community’s most heavily traveled roadways, and synchronization will reduce travel delays and improve safety for residents.

Key elements include:
• Installation of wireless modems at five intersections • Procurement of a centralized traffic signal control system • Signal coordination to reduce traffic congestion and improve air quality On July 1, 2025, the City awarded Contract A-2526-11 to Bear Electrical in the amount of $207,645.

Communication between the signals from Von Sosten Road to Arnaudo Boulevard will be provided through wireless modems, while coordination from Arnaudo Boulevard to Byron Road will utilize existing fiber optic infrastructure.

7.3 DISCUSSION
The proposed amendment adds a ten percent contingency in the amount of $20,700 to address unforeseen costs that may result from design modifications or field adjustments during construction. This contingency will help ensure timely project completion if adjustments become necessary.

Although the amendment amount is relatively small, City Council authorization is required under the City’s Financial Management Manual, Section 200, because the original agreement of $207,645 already exceeded the City Manager’s $175,000 contracting authority for construction projects. Once a contract surpasses that threshold, any amendments, regardless of size, must be approved by the City Council.

Bringing this item forward ensures full compliance with the City’s Financial Management Manual and provides authorization for the revised not-to-exceed contract amount of $228,345. This approach ensures proper oversight of federally funded projects.

The additional $20,700 will not impact the City’s General Fund, as the full project cost is reimbursable through federal CMAQ funds.

Construction is scheduled to begin November 2025 and be completed early 2026.

FISCAL IMPACT
Construction of the Mountain House Parkway Traffic Signal Synchronization Project is primarily funded through CMAQ program funds in the amount of $244,342, with a local match of $31,658, for a total budget of $276,000.

The current unencumbered balance in Project Account No. 602-5000-7426 is sufficient to increase the construction agreement amount from $207,645 to $228,345.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of the recommended action. The project remains fully funded within existing appropriations, with no impact to other City priorities.

STRATEGIC PLAN
This project supports the City’s Strategic Plan by:
• Improving traffic flow and reducing congestion
• Enhancing transportation efficiency and safety
• Reducing vehicle emissions in support of sustainability goals • Improving residents’ quality of life by reducing travel times

7.3 The project also aligns with the City’s vision of building a safer, more connected, and environmentally responsible transportation network.

CEQA
Caltrans has determined that the project qualifies as a Categorical Exclusion under the National Environmental Policy Act (NEPA). This determination was made in accordance with 23 USC 326 and the Memorandum of Understanding between the Federal Highway Administration (FHWA) and Caltrans, executed on April 18, 2019.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Upon City Council approval, the City Manager will execute Amendment No. 1 to Agreement A-2526-11 with Bear Electrical Solutions, LLC for the Traffic Signal Synchronization Project, in an amount not to exceed $228,345.

ATTACHMENTS
A. Proposed Resolution
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT A-2526-11 WITH BEAR

ELECTRICAL SOLUTIONS, LLC FOR THE MOUNTAIN HOUSE PARKWAY TRAFFIC SIGNAL SYNCHRONIZATION PROJECT, FEDERAL AID PROJECT NO. CML-5929(315), INCREASING THE NOT-TO-EXCEED CONTRACT AMOUNT TO $228,345

WHEREAS, the San Joaquin Council of Governments (SJCOG) awarded the City of Mountain House Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding for the Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315); and WHEREAS, the project provides coordinated traffic signal operations along Mountain House Parkway between Byron Road and Von Sosten Road to improve traffic flow, reduce delays, enhance safety, and reduce vehicle emissions; and
WHEREAS, on July 1, 2025, the City Council awarded Agreement A-2526-11 to Bear Electrical Solutions, LLC in the amount of $207,645; and
WHEREAS, Amendment No. 1 adds a contingency in the amount of $20,700, increasing the total not-to-exceed contract amount to $228,345, to address unforeseen costs that may arise from design modifications or field adjustments during construction; and WHEREAS, under the City’s Financial Management Manual, Council approval is required for contract amendments to construction agreements exceeding the City Manager’s $175,000 administrative authority; and
WHEREAS, the additional $20,700 is fully reimbursable through federal CMAQ funds and will not impact the City’s General Fund or other unrestricted funds.

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

1. The City Council authorizes the City Manager to execute Amendment No. 1 to Agreement A-2526- 11 with Bear Electrical Solutions, LLC for the Mountain House Parkway Traffic Signal Synchronization Project, Federal Aid Project No. CML-5929(315), attached hereto as Exhibit 1, increasing the not-to-exceed contract amount to $228,345.

2. The City Manager is authorized and directed to take all appropriate and necessary actions to carry out the purpose and intent of this resolution.

7.3 FIRST AMENDMENT TO THE
CONTRACTOR CONTRACT ID # A-2526-11
DATED JULY 1, 2025 BETWEEN

THE CITY OF MOUNTAIN HOUSE

AND BEAR ELECTRICAL SOLUTIONS, LLC
This First Amendment (“Amendment”) to the Contractor Contract ID # A-2526-11 dated July 1, 2025 (“Agreement”), is made and entered into on 09/25/2025 by and between the City of Mountain House (“City”) and Bear Electrical Solutions, LLC (“Contractor”) (together “Parties”), and is effective as of the commencement date of this Amendment.

RECITALS
WHEREAS, on July 1, 2025, the City and Contractor entered into the Agreement.

WHEREAS, Section 3.1 of the Agreement provides Compensation.

WHEREAS, the Parties wish to amend Section 3.1 on 09/25/2025.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended, effective 09/25/2025, as follows:
“City of Mountain House hereby agrees to pay Contractor a sum not to exceed Two hundred twenty-eight thousand, three hundred forty-five dollars, ($228,345.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal for services to be performed and reimbursable costs incurred under this Agreement. City of Mountain House shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City of Mountain House to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City of Mountain House in the manner specified herein. Except as specifically authorized by City of Mountain House in writing, Contractor shall not bill City of Mountain House for duplicate services performed by more than one person.

Contractor and City of Mountain House acknowledge and agree that compensation paid by City of Mountain House to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Contractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and sub-Contractors may be eligible. City of Mountain House therefore has no responsibility for such contributions beyond compensation required under this Agreement.”
Except as set forth above, every provision of the Agreement between the Parties shall remain in full force and effect.
[Signatures on following page]

Docusign Envelope ID: 052F8FE3-6A67-4E2F-A003-EFD6A3CFC0AC

7.3 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of 09/25/2025.

CITY OF MOUNTAIN HOUSE BEAR ELECTRICAL SOLUTIONS,
LLC
By: ___ By: ___
Steven J. Pinkerton, City Manager Robert Asuncion
Approved as to Form:

By:

John Bakker, City Attorney
Docusign Envelope ID: 052F8FE3-6A67-4E2F-A003-EFD6A3CFC0AC

7.3 TITLE: Re-Authorization of Agreement A-2526-37 with Foley & Lardner LLP for Federal Legislative and Funding Advocacy Services (Revised Legal Provisions – No Change to Scope or Cost)
MEETING DATE: September 25, 2025
PREPARED BY: Matthew Gutierrez, Program Manager
Jodi Almassy, Deputy City Manager

RECOMMENDATION
Staff recommends that City Council adopt a resolution:

1. Authorizing the City Manager to execute Agreement A-2526-37 with Foley & Lardner LLP for Federal legislative and funding advocacy services, in the revised form attached to the resolution as Exhibit 1, through June 30, 2028, in an amount not-to-exceed $363,000, with an optional twoyear extension through June 30, 2030, in an additional amount not-to-exceed $256,000, for a total contract amount of $619,000.

2. Authorizing the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of these recommendations.

BACKGROUND
On August 27, 2025, the City Council approved execution of agreements with California Public Policy Group (CPPG) for State advocacy services and Foley & Lardner LLP for Federal advocacy services. · The CPPG agreement has been executed by both parties and is underway. · The Foley & Lardner LLP agreement has not yet been executed because several legal provisions require additional negotiation.
· While the scope, contract term, and not-to-exceed amount remain unchanged, minor revisions were necessary to align indemnity, attorney’s fees, and formatting provisions with both City standards and vendor requests.

Although these are routine clarifications that do not alter the services or costs previously authorized, staff is now returning to Council to re-authorize the execution of the Federal services agreement in the interest of transparency and consistency.

7.4 DISCUSSION
Federal advocacy services remain a critical tool to position Mountain House for federal funding and appropriations. Foley & Lardner LLP was selected through a competitive RFP process and remains the City’s recommended partner.

The revised agreement includes the following clarifications:
· Indemnity provisions – updated language clarifying the consultant’s responsibility to indemnify, hold harmless, and defend the City.
· Attorney’s fees – revised to address vendor concerns while retaining City protections consistent with standard practice.
· Formatting and references – updated definitions and cross-references for clarity. · No changes to scope of services, contract term, or compensation.

To ensure full transparency, a redlined version of the agreement (Attachment A), clearly identifies all revisions.

Staff recommends City Council adopt the proposed resolution (Attachment B), authorizing the City Manager to execute the revised Agreement A-2526-37, allowing services to commence without further delay.

FISCAL IMPACT
No change from prior Council approval.
· The not-to-exceed contract amount remains $363,000 for the initial term through June 30, 2028, with an optional two-year extension in an additional amount not-to-exceed $256,000, for a total of $619,000 if extensions are exercised.
· Sufficient funds are available in the General Fund Professional Services Account No. 101-1420- 6500 for Fiscal Year 2025-26. Funding for subsequent years will be incorporated into future budgets, subject to annual appropriations.

STRATEGIC PLAN
This item supports the City’s Strategic Plan approved by City Council on April 9, 2025, by:

7.4 · Securing Resources for Community Growth – Expanding access to federal funding to address infrastructure, housing, and public service needs.
· Strengthening Regional and Legislative Relationships – Establishing a consistent presence in Washington, D.C. to advance Mountain House’s priorities. · Ensuring Fiscal Sustainability – Leveraging external appropriations and competitive grants to supplement local revenues.
· Supporting Organizational Capacity – Enhancing the City’s ability to proactively engage in policy discussions that affect long-term operations and growth.

CEQA
The recommended actions are not considered a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA Guidelines, as they involve administrative activities related to legislative and funding advocacy services that will not result in a direct or reasonably foreseeable physical change in the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Upon Council authorization, the City Manager will execute the revised Agreement A-2526-37 with Foley & Lardner LLP.

ATTACHMENTS
A. Redlined Revised Agreement A-2526-37 with Foley & Lardner LLP B. Proposed Resolution
· Exhibit 1 – Revised Agreement A-2526-37 with Foley & Lardner LLP

7.4 251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 • (209) 831-5610 FAX

CONSULTANT AGREEMENT
CONTRACT ID # A-2526-37
EFFECTIVE DATE: September 1, 2025
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT: Foley & Lardner LLP
3000 K Street, N.W. Suite 600
Washington, DC 20007-5101
The Parties agree as follows:

1. Priority of Documents:

Each of the items listed below is hereby incorporated into this Agreement by this reference.

In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

A. Applicable Federal and State of California statutes and regulations, this.

B. The Engagement Letter Agreement dated August 21, 2025.

C. This Agreement and its exhibits.

A.D. Consultant's Proposal dated May 30, 2025.

2. Terms of Services:

2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide federal legislative and funding advocacy services, as further described in Exhibit A, Scope of Service (the "Work").

2.2 Term of Agreement. This Agreement shall commence on September 1, 2025 and continue until June 30, 2028 unless said Work is completed on a date prior thereto or ATTACHMENT A 7.4
unless terminated earlier as provided herein. Consultant shall complete the Work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect City of Mountain House's right to terminate the Agreement, as referenced in Section 8.

2.3 Standard of Performance. Consultant shall perform all Work in a first-class manner in conformance with the standards of quality normally observed by a person practicing in Consultant's profession.

2.4 Inspection. All Work performed and materials (if any) provided by Consultant shall be subject to inspection and approval by City of Mountain House.

2.5 Consultant's Warranties and Guarantee. Consultant warrants to City of Mountain House that all materials and equipment furnished under this Agreement will be new unless City of Mountain House agrees otherwise in writing, and that all Work will be of good quality, free from faults and defects and in conformance with this Agreement. All Work not so conforming to these standards may be deemed defective by City of Mountain House. If required by City of Mountain House, the Consultant shall furnish to City of Mountain House satisfactory evidence as to the kind and quality of materials, equipment, and methods of installation by the Consultant or sub-Consultants.

Consultant shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following City of Mountain House’s acceptance of the Work (“Consultant’s Guarantee”). As part of Consultant’s Guarantee, Consultant agrees to make, at Consultant’s sole cost and expense, all repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period.

2.6 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City of Mountain House, in its sole discretion and at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of Mountain House of such desire of City of Mountain House, reassign such person or persons.

2.7 Time is of the Essence. The parties agree time is of the essence. Consultant shall devote such time to the performance of the Work as may be reasonably necessary to timely finish the Work, meet the standard of performance provided in Section 2.3 above, and satisfy Consultant's obligations hereunder

2.8 Public Works Requirements. Not Applicable.
. Because the Work described in Exhibit A constitutes a public works within the definition of Section 1720(a)(1) of the Labor Code, Consultant is required to comply with the provisions of the Labor Code applicable to public works projects, as further described in Exhibit D. Consultant shall waive, indemnify, hold harmless, and defend City of Mountain House concerning any liability arising out of Labor Code Section 1720 et seq.

3. Terms of Payment.

3.1 Compensation. City of Mountain House hereby agrees to pay Consultant a sum not to exceed Three hundred sixty-three thousand dollars, ($363,000.00) notwithstanding ATTACHMENT A 7.4
any contrary indications that may be contained in Consultant's proposal for services to be performed and reimbursable costs incurred under this Agreement. City of Mountain House shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City of Mountain House to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City of Mountain House in the manner specified herein. Except as specifically authorized by City of Mountain House in writing, Consultant shall not bill City of Mountain House for duplicate services performed by more than one person.

Consultant and City of Mountain House acknowledge and agree that compensation paid by City of Mountain House to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Consultants of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and sub-Consultants may be eligible. City of Mountain House therefore has no responsibility for such contributions beyond compensation required under this Agreement.

3.2 Invoices. Consultant shall submit invoices not more often than once a month during the term of this Agreement based on the cost for services performed and reimbursable costs incurred prior to the invoice date via e-mail to [email protected]. Invoices delivered to any other e-mail address will be deemed undelivered and not paid.

Invoices shall contain the following information:
a. Contract ID number;
b. Federal Tax Payer Identification Number;
c. The beginning and ending dates of the billing period; d. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
a.e. At City of Mountain House's option, for each Work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the Work, the hours spent by each person, a brief description of the Work, and each reimbursable expense;
b.f. The total number of hours of Work performed under the Agreement by Consultant and each employee, agent, and sub-Consultant of Consultant performing services hereunder; and
g. The Consultant's signature.

3.3 Monthly Payment. City of Mountain House shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable costs incurred. City of Mountain House shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

ATTACHMENT A 7.4

3.4 Final Payment; Retention Payment. . If all services required have been satisfactorily performed, City of Mountain House shall pay the last five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion and acceptance of the Work, or other applicable event under law, and submittal to City of Mountain House of a final invoice.

3.5 Total Payment.
a. City of Mountain House shall pay for the Work performed by Consultant pursuant to this Agreement. City of Mountain House shall make no payment for any extra, further, or additional service pursuant to this Agreement. b. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. c. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant in excess of the maximum amount of compensation provided herein unless the Agreement is modified prior to the performance of such Work or services. d. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant for Work or services performed after the expiration or termination of this Agreement unless the Agreement is modified prior to the performance of such Work or services.

3.6 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for Work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

3.7 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B.

Reimbursable expenses not listed in Exhibit B are not chargeable to City of Mountain House. Reimbursable expenses shall not include a mark-up and shall be billed as a direct costs. In no event shall expenses be advanced by City of Mountain House to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

3.9 Payment upon Termination. In the event that City of Mountain House or Consultant terminates this Agreement pursuant to Section 8, City of Mountain House shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for Work satisfactorily completed as of the date of written notice of termination.

Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

3.10 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

ATTACHMENT A 7.4

4. Consultant's Status:

4.1 Independent Consultant. In the performance of the Work, duties, and other obligations imposed by this Agreement, the Consultant is at all times acting as an Independent Consultant practicing his or her profession and not as an employee of City of Mountain House. Consultant shall perform the Work in accordance with currently approved methods and standards of practice in the Consultant's professional specialty. A copy of Consultant's current business license shall be provided to City of Mountain House. The Consultant shall not have any claim under this Agreement or otherwise against City of Mountain House for vacation, sick leave, retirement benefits, social security or worker's compensation benefits.

The Consultant shall be responsible for federal and state payroll taxes such as social security and unemployment. San Joaquin County will issue a form 1099 at year-end on behalf of City of Mountain House for fees earned.

4.2 Consultant Not an Agent. Except as City of Mountain House may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City of Mountain House in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City of Mountain House to any obligation whatsoever.

4.3 Non-Exclusive Rights. This Agreement does not grant to Consultant any exclusive privileges or rights to provide services to City of Mountain House. Consultant may contract with other agencies, private companies, or individuals for similar services.

5. Legal Requirements.

5.1 Compliance. Consultant shall comply with all applicable Federal, State and local laws, regulations and requirements necessary for performance of the Work. Consultant shall comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.

5.2 Licenses and Permits. Consultant represents and warrants to City of Mountain House that Consultant and its employees, and agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for the performance of the Work. Consultant represents and warrants to City of Mountain House that Consultant and its employees, and agents, and any sub-Consultants shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to perform the Work.

5.3 Conflict of Interest Statement. Consultant covenants that Consultant, its officers or employees providing services to City of Mountain House, or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of the Work. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Consultant to perform work under this Agreement.

Consultant shall not hire City of Mountain House's employees to perform any portion of the Work, including secretarial, clerical, and similar incidental services, except upon the written approval of City of Mountain House. Performance of the Work by associates or employees of Consultant shall not relieve Consultant from any responsibility under this Agreement.

ATTACHMENT A 7.4

5.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, gender identity, or sexual orientation against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant pursuant to this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

5.5 Drug Free Workplace. Consultant shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

5.6 Form Law. The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

5.7 Subcontracts. Consultant shall include the provisions of this Section 5 in any subcontract approved by the Contract Administrator or this Agreement to provide services solely to City of Mountain House.

6. Indemnification, Hold Harmless and Defense.

To the fullest extent permitted by law, subject to Consultant’s professional obligations, Consultant shall indemnify, hold harmless and defend City of Mountain House, its directors, officers, employees, agents and authorized volunteers operating in their official capacity, and each of them, from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to City of Mountain House’s property, arising out of Consultant’s alleged negligence, or wrongful acts related to or in connection with Consultant’s performance of duties under the terms and conditions of this AgreementHouse's property, arising out of Consultant's negligence, or wrongful acts arising out of Consultant's performance of duties under the terms and conditions of this Agreement.

In the event City of Mountain House is entitled to tender its defense to the Consultant, the Consultant will provide qualified attorneys, consultants and other appropriate professionals reasonably acceptable to the City to represent City of Mountain House’s interests at Consultant’s expense, as noted in the paragraph above. City of Mountain House will otherwise reasonably cooperate with the Consultant in such defense or settlement. City of Mountain House shall have the right to participate in the defense of the claim using attorneys of its choice, at its own expense. No settlement or resolution of any claim shall be made without the prior agreement of the City of Mountain House, and such agreement will not be unreasonably withheld.

To the fullest extent permitted by law, City of Mountain House shall indemnify, and hold harmless and defend the Consultant, its directors, officers, employees, and agents and each of them (collectively referred to as “Consultant Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including, but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage toonly to the extent ATTACHMENT A 7.4
caused by the Consultant’s property, arising out of City of Mountain House’s allegedCity’s sole negligence, or wrongful acts related to or in connection with City of Mountain House’s performance of duties under the terms and conditions of this Agreement. or willful misconduct.

Notwithstanding the forgoing, to the extent this Agreement is a “"construction contract”" as defined by Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by Civil Code Section 2782.

7. Insurance.

Before beginning any Work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance described in Exhibit C, incorporated herein, against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Consultant and its agents, representatives, employees, and sub-Consultants. . Consistent with the following provisions, Consultant shall provide proof satisfactory to City of Mountain House of such insurance that meets the requirements of Exhibit C and under forms of insurance satisfactory in all respects,Exhibit C and that such insurance is in effect prior to beginning Work to City of Mountain House. Consultant shall maintain the insurance policies required by Exhibit C throughout the term of this Agreement.

The cost of such insurance shall be included in the Consultant's proposal.

Consultant shall not allow any sub-Consultant to commence Work on any subcontract until subConsultant has obtained all insurance required by Exhibit C for the of sub-Consultant(s) andby Exhibit C and Consultant has provided evidence that such insurance required of sub-Consultant by Exhibit C is in effect to City of Mountain House. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

8. Termination and Modification.

8.1 Termination. City of Mountain House may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon sixty (60) days’ written notice to City of Mountain House and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City of Mountain House, however, may condition payment of such compensation upon Consultant delivering to City of Mountain House any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant, except internal firm communications, or City of Mountain House in connection with this Agreement.

8.2 Extension. City of Mountain House may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2.2. Any such extension shall require a written amendment to this Agreement, as provided for herein. The City of Mountain House City Manager is hereby authorized to negotiate and execute such extension.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City of Mountain House and Consultant recognize and agree that this Agreement contemplates performance of specialized services by ATTACHMENT A 7.4
Consultant and is based upon a determination of Consultant's unique competence, experience, and specialized knowledge. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the Contract Administrator. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

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

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City of Mountain House's remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; or c. Retain a different Consultant to complete the Work described in Exhibit A not finished by Consultant; or.
e. Charge Consultant the difference between the cost to complete the Work described in Exhibit A that is unfinished at the time of breach and the amount that City of Mountain House would have paid Consultant pursuant to Section 3 if Consultant had completed the Work.

9. Miscellaneous.

9.1 Contract Administrator. The Consultant Administrator shall be designated, and may be changed, by the City of Mountain House City Manager in writing.

9.2 Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be effected by personal delivery or by first class mail, registered or certified, postage prepaid, return receipt requested. Unless otherwise designated by either party in writing, such notices shall be mailed as shown on the first page of this Agreement.

9.3 Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City of Mountain House shall be personally liable to Consultant in the event of any default or breach by City of Mountain House or for any amount that may become due to Consultant pursuant to this Agreement.

9.4 Attorney’s Fees. Not Applicable
. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which such party may be entitled.

9.5 Documents. All drawings, specifications, documents and other memoranda or writings ATTACHMENT A 7.4
relating to the Work hereunder, shall remain or become the property of City of Mountain House upon termination of this Agreement, whether executed by or for the Consultant for City of Mountain House, or otherwise, by or for the Consultant, or by or for a sub-Consultant operating under the Consultant's supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to City of Mountain House forthwith upon termination or completion of the Work under this Agreement. Prior to termination Consultant shall deliver to City of Mountain House any such records upon request. Notwithstanding the foregoing, Consultant shall be allowed to maintain a copy of the file in accordance with applicable law and Consultant’s document retention policy.

9.6 Force Majeure. It is agreed that neither party shall be responsible for delays in delivery or acceptance of delivery or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the seller/Consultant or the purchaser.

9.7 Waiver. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.

9.8 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the parties, any rights or remedies hereunder.

9.9 Headings. The headings of the sections and exhibits of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and are not to be used in its construction.

9.10 Entire Agreement and Modification. This Agreement supersedes all previous Agreements either oral or in writing, except the Engagement Letter Agreement between the parties, and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. *Signatures on following page*
ATTACHMENT A 7.4
IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.

Foley & Lardner LLP City of Mountain House
State of California
By: _______________________________ By: ________________________ Dennis Cardoza Steven J. Pinkerton
Director of Public Affairs City Manager
Date: Date:

Approved as to Form:

By: ___________________________
John Bakker
City Attorney
ATTACHMENT A 7.4

EXHIBIT A

SCOPE OF SERVICES
[Attached]
ATTACHMENT A 7.4
CONTRACT ID # A-2526-37
12 EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule.

Multi-Year Term Base Fee
(10k/Month)
Travel
(As needed)
Total
Amount
Fiscal Year 2025-26 (10 Months) 100,000 7,000 $107,000
Fiscal Year 2026-27 120,000 8,000 $128,000
Fiscal Year 2027-28 120,000 8,000 $128,000
Subtotal 340,000 23,000 $363,000
2) Reimbursable Expenses.

Reimbursable expenses for Consultants working for City of Mountain House shall follow the guidelines outlined below. An invoice and receipts, outlining travel expenses, shall be submitted to City of Mountain House after the travel has occurred.

Expense Type Reimbursement Policies Receipt Required
Airfare Actual cost of the least expensive class available.

Business class and first class are not reimbursable.

Yes
Airline Baggage Fees Actual expense. Yes
Rental Car Reimbursement for rental cars will be for a
standard size car or smaller and will be
reimbursed for the actual expense.

Yes
Airport Shuttle Actual expense, including gratuity. Yes Taxi Actual expense, including gratuity. Yes
Meals & Incidentals Actual expense, including gratuity. Itemized receipts must be included for reimbursement. No
alcohol.

Other incidentals per itemized receipt.

Yes
Hotel Lodging obtained will be reasonable and in line
with the moderate priced hotels for the area.

Reimbursement will be only for room charge,
taxes, and parking (if applicable).

Itemized receipts must be included for
reimbursement.

Yes
Privately Owned Vehicle
Mileage Rate
IRS allowable rate for the current year. No
Office Incidentals Actual expense.

Copies/printing, courier/express delivery fees,
phone calls.

Yes
ATTACHMENT A 7.4
CONTRACT ID # A-2526-37
13 EXHIBIT C

INSURANCE REQUIREMENTS
3) Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

TYPE OF INSURANCE MINIMUM LIMITS
Commercial General Liability
Premises Liability; Products and
Completed Operations; Contractual
Liability; Personal Injury and Advertising
Liability
Commercial or Business Automobile
Liability
All owned vehicles, hired or leased
vehicles, non-owned, borrowed and
permissive uses. Personal Automobile
Liability is acceptable for individual
Consultants with no transportation or
hauling related activities
Workers’ Compensation (WC) and
Employers Liability (EL)
Required for all Consultants with
employees
Professional Liability/Errors &
Omissions
Required for all Consultants performing
services with licensed professionals.

Includes endorsements of contractual
liability
$1,000,000 per occurrence;
Bodily Injury and Property Damage
$2,000,000 in the aggregate; Commercial
general coverage shall be at least as broad as
Insurance Services Office Commercial General
Liability occurrence form CG 0001 (most recent
edition) covering comprehensive General
Liability on an “occurrence” basis
$1,000,000 per occurrence;
Any Auto; Bodily Injury and Property Damage.

Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability
form CA 0001 (most recent edition), Code 1 (any
auto). No endorsementshall be attached limiting
the coverage.

WC: Statutory Limits
EL: $100,000 per accident for bodily injury or
disease. Consultant 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. The insurer shall waive all rights of
subrogation against City of Mountain House and
its officers, officials, employees, and volunteers
for loss arising from Work performed under this
Agreement
$1,000,000 per occurrence
$2,000,000 policy aggregate; Any deductible or
self-insured retention shall not exceed $150,000
per claim
ATTACHMENT A 7.4
CONTRACT ID # A-2526-37
14 4) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a) Term. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptancethe conclusion of allConsultant’s Work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.
b) Additional Insured. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Mountain House, its Board of Directors, and all City of Mountain House officers, agents, employees, volunteers and representatives.
c) Primary Insurance. For any claims related to this Agreement or the Work hereunder, the Consultant’s Commercial General Liability and Commercial or Business Automobile Liability insurance covered shall be primary insurance as respects City of Mountain House, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City of Mountain House, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
d) Cancellation. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to City of Mountain House. .
e)d) Certificates of Insurance. Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City of Mountain House, evidencing that all required insurance coverage is in effect. City of Mountain House reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f)e) Sub-Consultants. Consultant shall include all sub-Consultants as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each sub-Consultant. All coverages for sub-Consultants shall be subject to all of the requirements stated herein.
g)f) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i) The retroactive date of the policy must be shown and must be before the date of the Agreement.

ATTACHMENT A 7.4
CONTRACT ID # A-2526-37
15 ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completionconclusion of theConsultant’s Work under this Agreement or the Work, so long as commercially available at reasonable rates.
iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completionconclusion of Consultant’s Work under this Agreement.
iv) A copy of the claim reporting requirements must be submitted to City of Mountain House for review prior to the commencement of any Work under this Agreement.DELETED.
iv)
5) All Policies Requirements.
a) Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. or Fitch rating of no less than A- . Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to City of Mountain House. Acceptance of Consultant’s insurance by City of Mountain House shall not relieve or decrease the liability of Consultant hereunder. Any deductible or selfinsured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant.
b) Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City of Mountain House for the self-insured retentions and deductibles before beginning any of the Work called for by any term of this Agreement. At the option of City of Mountain House, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City of Mountain House, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to City of Mountain House guaranteeing payment of losses and related investigations, claim administration and defense expenses. c) Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d)c) Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or Consultant may require from vendor by virtue of the payment of any loss. with respect to its Commercial General Liability, Commercial or Business Automobile Liability, and Employer’s Liability / Worker’s Compensation policies.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all Work performed by Consultant, its employees, agents, and sub-Consultants.
6) Remedies. In addition to any other remedies City of Mountain House may have if Consultant fails to provide or maintain any insurance policies or policy endorsements required under this Exhibit C to the extent and within the time herein required, City of ATTACHMENT A 7.4
CONTRACT ID # A-2526-37
16 Mountain House may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City of Mountain House may have and are not the exclusive remedy for Consultant’s breach:
a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
b)a) Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c)b) Terminate this Agreement.

ATTACHMENT A 7.4
CONTRACT ID # A-2526-37
17 EXHIBIT D

REQUIREMENTS OF PUBLIC WORKS CONTRACTS
1) Wages. As applicable pursuant to Federal and State of California statutes and regulations:
a) In accordance with Labor Code Section 1773.2, City of Mountain House has determined the general prevailing wages in the locality in which the Work described in Exhibit A are to be performed for each craft or type of work needed, as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in City of Mountain House Public Works Office, and shall be made available on request. Consultant and sub-Consultants engaged in the performance of the Work shall pay no less than these rates to all persons engaged in performance of the Work.
b) In accordance with Labor Code Section 1775, Consultant and any sub-Consultants engaged in performance of the Work shall comply with Labor Code Section 1775, which establishes a penalty of up to $200 per day for each worker engaged in the performance of the Work for which Consultant or any sub-Consultant pays less than the specified prevailing wage. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if Consultant or sub-Consultant had knowledge of their obligations under the Labor Code. Consultant or sub-Consultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate.

If a sub-Consultant worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the sub-Consultant, Consultant is not liable for any penalties therefore unless Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
i) The contract executed between Consultant and the sub-Consultant for the performance of part of the Work shall include a copy of the provisions of Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
ii) Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the sub-Consultant by periodic review of the sub-Consultant’s certified payroll records.
iii) Upon becoming aware of a sub-Consultant’s failure to pay the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the sub-Consultant for performance of the Work.
iv) Prior to making final payment to the sub-Consultant, Consultant shall obtain an affidavit signed under penalty of perjury from the sub-Consultant that the subConsultant has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the Work any amounts due pursuant to Labor Code Section 1813.
c) In accordance with Labor Code Section 1776, Consultant and each sub-Consultant engaged in performance of the Work shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Work. Each payroll record ATTACHMENT A 7.4
CONTRACT ID # A-2526-37
18 shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
i) The information contained in the payroll record is true and correct. ii) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to Labor Code Section 1776 shall be certified and shall be available for inspection by City of Mountain House and its authorized representatives, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, and shall otherwise be available for inspection in accordance with Labor Code Section 1776. d) In accordance with Labor Code Section 1777.5, Consultant, on behalf of Consultant and any sub-Consultants engaged in performance of the Work, shall be responsible for ensuring compliance with Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
e) Consultant or any sub-Consultant, in performance of the Work, employs any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other nonmanual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, Consultant shall pay the minimum rate of wages specified therein for the classification that most nearly corresponds to the Work performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 2) DIR Registration.

At all times, Consultant shall be registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No Consultant or sub-Consultant may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the Labor Code, that if the Work under this Agreement qualifies as a public works project, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

ATTACHMENT A 7.4

ATTACHMENT B
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AUTHORIZING THE CITY MANAGER TO EXECUTE REVISED AGREEMENT A-2526-37 FOR FEDERAL

LEGISLATIVE AND FUNDING ADVOCACY SERVICES WITH FOLEY & LARDNER LLP WHEREAS, on August 27, 2025, the City Council of the City of Mountain House approved execution of agreements with California Public Policy Group (CPPG) for State legislative advocacy services and Foley & Lardner LLP for Federal legislative and funding advocacy services; and WHEREAS, the agreement with CPPG has been fully executed and services are underway, while the agreement with Foley & Lardner LLP has not yet been executed due to the need for minor revisions to certain legal provisions; and
WHEREAS, the revisions to the Foley & Lardner LLP agreement are limited to clarifications regarding indemnity, attorney’s fees, and formatting, which align with City standards and vendor requests and do not alter the scope of services, contract term, or compensation previously authorized by the City Council; and
WHEREAS, federal advocacy services remain a critical tool to secure federal funding and appropriations, and Foley & Lardner LLP was selected through a competitive Request for Proposals process as the City’s recommended partner; and
WHEREAS, staff recommends re-authorization of the revised Agreement A-2526-37 to ensure full transparency and to allow services to commence without further delay.

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

1. The City Council hereby authorizes the City Manager to execute the revised Agreement A2526-37 with Foley & Lardner LLP, in the form attached hereto as Exhibit 1, for Federal legislative and funding advocacy services through June 30, 2028, in an amount not-to-exceed $363,000, with an optional two-year extension through June 30, 2030, in an additional amount not-to-exceed $256,000, for a total contract amount not-to-exceed $619,000.

2. The City Manager, or designee, is hereby authorized and directed to take all appropriate and necessary actions to carry out the purpose and intent of this Resolution.

RESOLVED FURTHER, that any amendments, extensions, or renewals that exceed these parameters shall require prior approval from City Council.

7.4 251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 • (209) 831-5610 FAX

CONSULTANT AGREEMENT
CONTRACT ID # A-2526-37
EFFECTIVE DATE: September 1, 2025
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT:

The Parties agree as follows:

1. Priority of Documents:

Foley & Lardner LLP
3000 K Street, N.W. Suite 600
Washington, DC 20007-5101
Each of the items listed below is hereby incorporated into this Agreement by this reference.

In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

A. Applicable Federal and State of California statutes and regulations.

B. The Engagement Letter Agreement dated August 21, 2025.

C. This Agreement and its exhibits.

D. Consultant's Proposal dated May 30, 2025.

2. Terms of Services:

2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide federal legislative and funding advocacy services, as further described in Exhibit A, Scope of Service (the "Work").

2.2 Term of Agreement. This Agreement shall commence on September 1, 2025 and continue until June 30, 2028 unless said Work is completed on a date prior thereto or unless terminated earlier as provided herein. Consultant shall complete the Work EXHIBIT 1 7.4
described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect City of Mountain House's right to terminate the Agreement, as referenced in Section 8.

2.3 Standard of Performance. Consultant shall perform all Work in a first-class manner in conformance with the standards of quality normally observed by a person practicing in Consultant's profession.

2.4 Inspection. All Work performed and materials (if any) provided by Consultant shall be subject to inspection and approval by City of Mountain House.

2.5 Consultant's Warranties and Guarantee.

2.6 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City of Mountain House, in its sole discretion and at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of Mountain House of such desire of City of Mountain House, reassign such person or persons.

2.7 Time is of the Essence. The parties agree time is of the essence. Consultant shall devote such time to the performance of the Work as may be reasonably necessary to timely finish the Work, meet the standard of performance provided in Section 2.3 above, and satisfy Consultant's obligations hereunder.

2.8 Public Works Requirements. Not Applicable.

3. Terms of Payment.

3.1 Compensation. City of Mountain House hereby agrees to pay Consultant a sum not to exceed Three hundred sixty-three thousand dollars, ($363,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal for services to be performed and reimbursable costs incurred under this Agreement. City of Mountain House shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City of Mountain House to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City of Mountain House in the manner specified herein. Except as specifically authorized by City of Mountain House in writing, Consultant shall not bill City of Mountain House for duplicate services performed by more than one person.

Consultant and City of Mountain House acknowledge and agree that compensation paid by City of Mountain House to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Consultants of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and sub-Consultants may be eligible. City of Mountain House therefore has no responsibility for such contributions beyond compensation required under this Agreement.

EXHIBIT 1 7.4

3.2 Invoices. Consultant shall submit invoices not more often than once a month during the term of this Agreement based on the cost for services performed and reimbursable costs incurred prior to the invoice date via e-mail to [email protected]. Invoices delivered to any other e-mail address will be deemed undelivered and not paid.

Invoices shall contain the following information:
a. Contract ID number;
b. Federal Tax Payer Identification Number;
c. The beginning and ending dates of the billing period; d. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
e. At City of Mountain House's option, for each Work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the Work, the hours spent by each person, a brief description of the Work, and each reimbursable expense;
f. The total number of hours of Work performed under the Agreement by Consultant and each employee, agent, and sub-Consultant of Consultant performing services hereunder; and
g. The Consultant's signature.

3.3 Monthly Payment. City of Mountain House shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable costs incurred. City of Mountain House shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

3.4 Final Payment; Retention Payment. If all services required have been satisfactorily performed, City of Mountain House shall pay the last five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion and acceptance of the Work, or other applicable event under law, and submittal to City of Mountain House of a final invoice.

3.5 Total Payment.
a. City of Mountain House shall pay for the Work performed by Consultant pursuant to this Agreement. City of Mountain House shall make no payment for any extra, further, or additional service pursuant to this Agreement. b. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

EXHIBIT 1 7.4
c. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant in excess of the maximum amount of compensation provided herein unless the Agreement is modified prior to the performance of such Work or services. d. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant for Work or services performed after the expiration or termination of this Agreement unless the Agreement is modified prior to the performance of such Work or services.

3.6 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for Work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

3.7 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B.

Reimbursable expenses not listed in Exhibit B are not chargeable to City of Mountain House. Reimbursable expenses shall not include a mark-up and shall be billed as a direct costs. In no event shall expenses be advanced by City of Mountain House to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

3.9 Payment upon Termination. In the event that City of Mountain House or Consultant terminates this Agreement pursuant to Section 8, City of Mountain House shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for Work satisfactorily completed as of the date of written notice of termination Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

3.10 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

4. Consultant's Status:

4.1 Independent Consultant. In the performance of the Work, duties, and other obligations imposed by this Agreement, the Consultant is at all times acting as an Independent Consultant practicing his or her profession and not as an employee of City of Mountain House. Consultant shall perform the Work in accordance with currently approved methods and standards of practice in the Consultant's professional specialty. A copy of Consultant's current business license shall be provided to City of Mountain House. The Consultant shall not have any claim under this Agreement or otherwise against City of Mountain House for vacation, sick leave, retirement benefits, social security or worker's compensation benefits.

The Consultant shall be responsible for federal and state payroll taxes such as social security and unemployment. San Joaquin County will issue a form 1099 at year-end on behalf of City of Mountain House for fees earned.

4.2 Consultant Not an Agent. Except as City of Mountain House may specify in writing, EXHIBIT 1 7.4
Consultant shall have no authority, express or implied, to act on behalf of City of Mountain House in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City of Mountain House to any obligation whatsoever.

4.3 Non-Exclusive Rights. This Agreement does not grant to Consultant any exclusive privileges or rights to provide services to City of Mountain House. Consultant may contract with other agencies, private companies, or individuals for similar services.

5. Legal Requirements.

5.1 Compliance. Consultant shall comply with all applicable Federal, State and local laws, regulations and requirements necessary for performance of the Work. Consultant shall comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.

5.2 Licenses and Permits. Consultant represents to City of Mountain House that Consultant and its employees and agents have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for the performance of the Work. Consultant represents to City of Mountain House that Consultant and its employees and agents at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to perform the Work.

5.3 Conflict of Interest Statement. Consultant covenants that Consultant, its officers or employees providing services to City of Mountain House, or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of the Work. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Consultant to perform work under this Agreement.

Consultant shall not hire City of Mountain House's employees to perform any portion of the Work, including secretarial, clerical, and similar incidental services, except upon the written approval of City of Mountain House. Performance of the Work by associates or employees of Consultant shall not relieve Consultant from any responsibility under this Agreement.

5.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, gender identity, or sexual orientation against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant pursuant to this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

5.5 Drug Free Workplace. Consultant shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

EXHIBIT 1 7.4

5.6 Form Law. The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

5.7 Subcontracts. Consultant shall include the provisions of this Section 5 in any subcontract approved by the Contract Administrator or this Agreement to provide services solely to City of Mountain House.

6. Indemnification, Hold Harmless and Defense.

To the fullest extent permitted by law, subject to Consultant’s professional obligations, Consultant shall indemnify hold harmless and defend City of Mountain House, its directors, officers, employees, agents and authorized volunteers operating in their official capacity, and each of them, from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to City of Mountain House's property, arising out of Consultant's negligence, or wrongful acts arising out of Consultant's performance of duties under the terms and conditions of this Agreement.

In the event City of Mountain House is entitled to tender its defense to the Consultant, the Consultant will provide qualified attorneys, consultants and other appropriate professionals reasonably acceptable to the City to represent City of Mountain House’s interests at Consultant’s expense, as noted in the paragraph above. City of Mountain House will otherwise reasonably cooperate with the Consultant in such defense or settlement. City of Mountain House shall have the right to participate in the defense of the claim using attorneys of its choice, at its own expense. No settlement or resolution of any claim shall be made without the prior agreement of the City of Mountain House, and such agreement will not be unreasonably withheld.

To the fullest extent permitted by law, City of Mountain House shall indemnify and hold harmless Consultant, its directors, officers, employees, and agents, but only to the extent caused by the City’s sole negligence or willful misconduct.

Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by Civil Code Section 2782.

7. Insurance.

Before beginning any Work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance described in Exhibit C, incorporated herein. Consistent with the following provisions, Consultant shall provide proof of such insurance that meets the requirements of Exhibit C and that such insurance is in effect prior to beginning Work to City of Mountain House. Consultant shall maintain the insurance policies required by Exhibit C throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's proposal.

Consultant shall not allow any sub-Consultant to commence Work on any subcontract until subConsultant has obtained all insurance required of sub-Consultant(s) by Exhibit C and Consultant EXHIBIT 1 7.4
has provided evidence that such insurance required of sub-Consultant by Exhibit C is in effect to City of Mountain House. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

8. Termination and Modification.

8.1 Termination. City of Mountain House may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon written notice to City of Mountain House and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City of Mountain House, however, may condition payment of such compensation upon Consultant delivering to City of Mountain House any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant, except internal firm communications, or City of Mountain House in connection with this Agreement.

8.2 Extension. City of Mountain House may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2.2. Any such extension shall require a written amendment to this Agreement, as provided for herein. The City of Mountain House City Manager is hereby authorized to negotiate and execute such extension.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City of Mountain House and Consultant recognize and agree that this Agreement contemplates performance of specialized services by Consultant and is based upon a determination of Consultant's unique competence, experience, and specialized knowledge. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the Contract Administrator. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

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

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City of Mountain House's remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; or EXHIBIT 1 7.4
c. Retain a different Consultant to complete the Work described in Exhibit A not finished by Consultant.

9. Miscellaneous.

Contract Administrator. The Consultant Administrator shall be designated, and may be changed, by the City of Mountain House City Manager in writing.

9.2 Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be effected by personal delivery or by first class mail, registered or certified, postage prepaid, return receipt requested. Unless otherwise designated by either party in writing, such notices shall be mailed as shown on the first page of this Agreement.

9.3 Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City of Mountain House shall be personally liable to Consultant in the event of any default or breach by City of Mountain House or for any amount that may become due to Consultant pursuant to this Agreement.

9.4 Attorney’s Fees. Not Applicable

9.5 Documents. All drawings, specifications, documents and other memoranda or writings relating to the Work hereunder, shall remain or become the property of City of Mountain House upon termination of this Agreement, whether executed by or for the Consultant for City of Mountain House, or otherwise, by or for the Consultant, or by or for a sub-Consultant operating under the Consultant's supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to City of Mountain House forthwith upon termination or completion of the Work under this Agreement. Prior to termination Consultant shall deliver to City of Mountain House any such records upon request. Notwithstanding the foregoing, Consultant shall be allowed to maintain a copy of the file in accordance with applicable law and Consultant’s document retention policy.

9.6 Force Majeure. It is agreed that neither party shall be responsible for delays in delivery or acceptance of delivery or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the seller/Consultant or the purchaser.

9.7 Waiver. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.

9.8 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the parties, any rights or remedies hereunder.

9.9 Headings. The headings of the sections and exhibits of this Agreement are inserted for EXHIBIT 1 7.4
convenience only. They do not constitute part of this Agreement and are not to be used in its construction.

9.10 Entire Agreement and Modification. This Agreement supersedes all previous Agreements either oral or in writing, except the Engagement Letter Agreement between the parties, and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. *Signatures on following page*
EXHIBIT 1 7.4
IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.

Foley & Lardner LLP City of Mountain House
State of California
By: _____________________________ By: ________________________ Dennis Cardoza Steven J. Pinkerton
Director of Public Affairs City Manager
Date: Date:

Approved as to Form:

By: ___________________________
John Bakker
City Attorney
EXHIBIT 1 7.4

EXHIBIT A

SCOPE OF SERVICES
[Attached]
EXHIBIT 1 7.4

4912-2127-4977.1

WASHINGTON HARBOUR
3000 K STREET, N.W.

SUITE 600
WASHINGTON, DC 20007-5101
202.672.5300 TEL
202.672.5399 FAX
FOLEY.COM
WRITER’S DIRECT LINE
202.295.4015
[email protected]
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August 21, 2025
Karen Morgan, Utilities Manager
City of Mountain House
251 E. Main Street
Mountain House, CA 95351
Via e-mail
RE: Engagement Letter Agreement
Dear Ms. Morgan:

Thank you for selecting Foley & Lardner LLP (the “Firm”) to represent the City of Mountain House (the “Client”). The purpose of this Engagement Letter Agreement (“Agreement”), is to ensure that we have a clear understanding of our working relationship going forward. Please do not hesitate to contact us if you have any concerns. This Agreement confirms the terms of this matter. As we discussed, the scope of our engagement will be representing Client on matters described in Addendum A to this Agreement (the “Matter”). The matter consists of Federal Government advocacy. Should Client retain the Firm for subsequent matters, the specifics of this Agreement will remain the same unless otherwise communicated.

The term of this Agreement will commence on September 1, 2025 and will continue through August 31, 2026. Thirty (30) days before the termination of this short-term agreement, Foley & Lardner LLP and Client will review initial progress and determine through mutual consultation any modification or adjustments to the ongoing work plan, scope, or fees structure for the engagement. Foley & Lardner LLP will follow the long-term contract process as dictated by Client.

This will confirm that our present engagement does not include responsibility for review of insurance policies to determine the possibility of coverage for any claim asserted in the Matter, for notification of insurance carriers about the Matter, or for advice with regard to any other matters related to insurance coverage. In addition, we have not been engaged to provide Client with any advice about disclosure obligations concerning the Matter under the federal securities laws or any other applicable law.

Required Lobbying Disclosures. The Firm may be required to file as a lobbying registrant on behalf of the Client and to file certain lobbying disclosures in connection with our work on the Matter. In order to provide accurate information in those disclosures, the Client agrees to provide the information requested in the attached Lobbying Disclosure Questionnaire.

The Client agrees to notify the Firm within 14 days if any information changes in the future.

Staffing & Fees. I will have primary responsibility for the Matter and will utilize other Firm personnel, including public affairs professionals, attorneys and paraprofessionals when it is appropriate and cost effective. We have agreed upon the following billing arrangement for the Matter. If the Firm and the Client agree to change the scope of services as defined in this EXHIBIT 1 7.4
August 21, 2025

4912-2127-4977.1
Agreement, each Party reserves the right to renegotiate the fee structure. The Public Affairs group routinely charges a monthly flat fee retainer to cover its Public Affairs engagement. As such, we have come to an understanding that the City of Mountain House will pay the Firm a monthly flat fee of Ten Thousand Dollars ($10,000) (otherwise known as a “fixed fee”) for the Firm to represent Client in the Matter. For City of Mountain House’s payment of this flat fee, the Firm will perform the services set forth in Addendum A to this Agreement.

Conflicts of Interest. Based on the information provided, the Firm has determined that there are currently no conflicts of interest that prevent the Firm from working on the Matter.

Standard Engagement Terms. By engaging the Firm, the Client agrees to the attached Standard Engagement Terms, and acknowledges that they are fully incorporated into the Agreement by reference. The Standard Engagement Terms contain several important provisions, including additional billing terms, and an advance waiver of conflicts. * * *
Please confirm the Client's acceptance of this Agreement by returning a counter-signed copy to me by email or mail, or confirming your agreement by reply email. If you do not return a signed copy, but after receiving this Agreement request that the Firm perform work on the Client's behalf, the Client will be deemed to have accepted this Agreement.

Please do not hesitate to contact me if you have any questions. We look forward to working with you on the Matter.

EXHIBIT 1 7.4
August 21, 2025

4912-2127-4977.1
Sincerely,

FOLEY & LARDNER LLP
Dennis A. Cardoza
AGREED AND ACCEPTED:

CITY OF MOUNTAIN HOUSE, CALIFORNIA
BY:
(Authorized Signature)
(Name)
(Title)
(Date)
EXHIBIT 1 7.4
August 21, 2025

4912-2127-4977.1

STANDARD ENGAGEMENT TERMS
Agreement. These Standard Engagement Terms are
incorporated into the Agreement between the Firm and
the Client. The Agreement, which includes these
Standard Engagement Terms, will apply to all Client
matters handled by the Firm unless otherwise
communicated, and will control over any outside
counsel or billing guidelines unless agreed to in writing by the Firm.

Corporate Transparency Act/Beneficial Ownership
Reporting. The Corporate Transparency Act (CTA)
became effective on January 1, 2024, and imposes
specific reporting obligations on both domestic and
foreign entities that are registered in the United States and are not subject to certain exemptions. Information
regarding the beneficial ownership information (“BOI”)
reporting requirements can be found at
https://www.fincen.gov/boi. The Client understands
that it has sole responsibility for its compliance with the CTA, including but not limited to its BOI reporting and filing requirements and the collection of relevant
ownership information. The Firm will not be
undertaking any BOI reporting or filing services on the Client’s behalf. If our engagement includes assistance
in connection with (i) forming, registering, licensing, or otherwise qualifying a new legal entity, or (ii) a
transaction that may trigger a reporting obligation, we will not be advising in connection with the CTA or any
other similar state or local reporting obligations absent a separate express written agreement that sets forth
the specific parameters of our assistance. In no event
shall we have any obligation to notify the Client or
monitor for changes that may require updates or
amendments to the Client’s CTA reports even if we
become aware of them.

Fees & Billing. Unless otherwise agreed to in writing,
the Firm’s fees and costs are not contingent upon the
outcome of the matters the Firm handles for the Client.

Any fees and costs the Firm might have discussed
previously are estimates only and the Firm cannot
guarantee what fees or expenses will be necessary to
resolve or to complete the matters handled by the Firm.

The Firm’s rates will increase annually.

The Firm will bill for costs and support services, such as delivery service, travel, word processing, and court and filing costs. Certain support services that involve equipment or staffing or that require payments to third parties may include additional charges that reflect the Firm’s internal costs. The Client is responsible for third party costs, such as costs for consultants, appraisers, court reporters, technical support, foreign attorneys, or other parties that render services during the Firm’s
representation of the Client. The Firm may make
arrangements to have the Client billed directly by these third parties, and the Client will pay such invoices
directly to the third parties. If arrangements have not been made, the Firm may pay these third-party
invoices on the Client’s behalf subject to
reimbursement from the Client, and may require that
the Client first pay the Firm for such costs. Please note that if the Client requests the Firm to conduct electronic processing, we will charge a fee. Foley’s fees
associated with data processing and hosting are
designed to provide lower overall cost than third party vendors for the Firm’s clients and recover the Firm’s
cost associated with processing, hosting and
managing the data, however, in some cases the Firm
may make a profit for these services.

In the regular course, the Firm’s invoices will be issued and sent to the Client on a monthly basis, and each
month’s invoice will reflect the services rendered and
expenses incurred during the previous month.

Payment is due promptly upon receipt. The Firm will
assess a late charge of 1% per month on any
outstanding balance older than 60 days. Subject to the
rules of professional responsibility, the Firm may cease performing services for the Client until satisfactory
arrangements have been made for payments of
amounts outstanding in excess of 60 days and the
payment of future amounts.

Advance Waiver of Conflicts. The Client agrees that
the Firm is permitted to represent other clients in
matters directly adverse to the Client, including in the following categories of matters, as long as such
matters are not substantially related to the legal
services the Firm provides to the Client:
(i) Counseling, advice, or negotiations regarding
transactions, contracts, agreements, rights, or
obligations, or preparation of documents;
(ii) Arbitration, litigation, or other contested
proceedings;
(iii) Advocacy before federal, state, or local
governments, or non-judicial governmental
entities;
(iv) Bankruptcy or insolvency proceedings in which the
Client may have an interest; or
(v) Evaluation of intellectual property rights, such as claim scope analysis, infringement analysis,
invalidity analysis, or analysis with respect to any
other statutory or non-statutory requirement,
participation in connection with contested and
uncontested intellectual property proceedings
before the U.S. Patent and Trademark Office, or
prosecution of non-interfering intellectual property
rights in a related technology.

The Client also agrees that the Firm may represent
adverse parties involved in matters that the Firm
handles for the Client, as long as the Firm’s
representation of those parties is not substantially
related to the work that the Firm performs for the Client.

EXHIBIT 1 7.4
August 21, 2025

4912-2127-4977.1
The Firm agrees that timekeepers working on the
Matter for the Client will not work for any other client on matters materially and directly adverse to the Client’s interests in the Matter (i) which is substantially related to the representation of the Client or (ii) where the
Client’s confidential information could be used to
Client’s material disadvantage. If a conflict arises, the Firm will disclose the conflict in writing to the Client as soon as the conflict is identified subject to the Firm’s duty of confidentiality.

Affiliates. Unless specifically requested by the Client and agreed to by the Firm, the Firm’s representation
does not extend to the Client’s parent company,
affiliates, subsidiaries, employees, directors, or other constituents (“Affiliates”). Accordingly, the Firm may
represent other clients in matters directly adverse to
those Affiliates. If the Firm agrees to represent an
Affiliate, the Client agrees that the Affiliate is bound by the Agreement, which includes these Standard
Engagement Terms.

Limitations of Liability. Foley & Lardner LLP is a
limited liability partnership under the laws of Wisconsin.

This means the Client’s right to recover damages in a
legal malpractice action that may exceed the Firm’s
insurance and Firm assets is limited to the personal
assets of the attorneys whose acts or omissions gave
rise to the Client’s claim.

Governing Law. If a dispute arises between the Firm
and the Client related in any way to the interpretation, application, or enforcement of this Agreement, any acts or omissions related to or arising from services
provided in connection with this Agreement, the Client
and the Firm agree that the dispute will be resolved
governed by the laws of the State of California. Venue
is San Joaquin County, or where applicable, in the
United States District Court for the Eastern District of California. The provision of this paragraph shall survive expiration or other termination of this Agreement
regardless of the cause of such termination. If any
portion of this provision is held to be illegal or otherwise unenforceable, the remainder of this provision will still apply.

Termination of Representation. Either the Firm or the
Client may terminate this Agreement at any time for
any reason by written notice, subject to the applicable Rules of Professional Conduct. Unless previously
terminated, the Firm’s representation of the Client shall conclude when the Firm sends its final invoice, or when more than six months have elapsed from the last time
the Firm furnished legal services to the Client. After
the Firm’s services are complete, there might be
developments or changes in laws that might affect the
Client’s future rights and liabilities, but the Firm does not have an obligation to continue to advise the Client about such subsequent factual or legal developments
unless the Client specifically engages the Firm to do
so.

Data Management & Disposition of Records. Pursuant to the Firm’s document retention policy and Rules of Professional Conduct, the Firm may retain the
files pertaining to the matters handled by the Firm for a minimum of 10 years following the conclusion of any
such matter. After that time, the Firm reserves the right to dispose of file materials without further notice, other than certain original trust and estate planning
documents. Upon the Client’s reasonable request, the
Firm will provide such portions of these file materials as required by the applicable Rules of Professional
Conduct or other legal requirements. Unless applicable
law requires an earlier return, the Firm may retain such file material pending receipt of payment of any
outstanding fees or costs. The Firm reserves the right
to retain a copy of the Client’s files.

In addition to our information governance policies, the Firm manages your information in accordance with its
data protection policies, which are fully incorporated
into the Agreement and located at
foley.com/clientprivacy. Communication. The Client will keep the Firm informed of developments that may affect the Firm’s
representation of the Client as soon as the Client
becomes aware, and will be available when the Firm
needs to consult with the Client. The Firm might
express opinions or beliefs concerning the Firm’s
services and the results that might be anticipated
based upon information known to the Firm at the time,
but any such statement is an expression of opinion only and is not a promise or guarantee of results. The Client agrees that the Firm may communicate with the Client
by email on an unencrypted basis.

Information Distribution. The Client agrees that the
Firm may send information about the Firm or legal
matters of interest by email or other means. The Client also agrees that the Firm may use the Client’s name
and logo, without seeking further permission from the
Client, on publicly disclosed lists of Firm clients, as well as: (i) brochures; (ii) pitch books and proposals; (iii) the Firm’s website; (iv) attorney biographies; and (v) Firm submissions for attorney awards and rankings within
the legal profession.

EXHIBIT 1 7.4
August 21, 2025

4912-2127-4977.1

ADDENDUM A
Scope of Engagement
This Agreement confirms the terms of this matter.

1. Month one, the Foley and Lardner team will do a deep dive into the needs and aspirations of the City of Mountain House California.

2. Foley will conduct weekly or biweekly meetings with designated staff to coordinate congressional requests and to support or oppose legislation as directed by the city.

3. Foley will concurrently assist the city to prepare “special project” congressional funding requests, based on the above deep dive information.

4. Set up Washington DC fly ins to support special project funding requests and/or grant requests.

5. Foley will facilitate meetings with committees of jurisdiction in the House and Senate that oversee appropriations, transportation, water resources, homeland security (fire suppression and public safety), flood mitigation and storm water management, and economic development grants. We will also support meetings with the executive agencies that distribute and manage the above programs as needed.

6. At the request of the City Manager or his designee, the Foley team will periodically meet brief the city council on progress on the above and provide advice on how to best manage their agenda as it pertains to the federal government.

EXHIBIT 1 7.4
FOLEY.COM

PREPARED FOR
[Client]
Date
City of Mountain House Public
Works
Response to RFP For Federal
Legislative and Funding
Advocacy Services
PW2501

PREPARED FOR
May/June 2025
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for Cook County | ii
Table of Contents
Executive Summary/ Cover Letter .............................................................................................................................. 1 Qualifications .............................................................................................................................................................. 3 Approach .................................................................................................................................................................. 12 Capacity and Stability of Firm ................................................................................................................................... 17 Client References ..................................................................................................................................................... 18 Costs Associated with the Summary of the Proposed Plan ..................................................................................... 20 Sample Letter of Correspondence ............................................................................................................................ 21 Appendix A: Qualifications of Our Professionals ......................................................................................................2 Appendix B: Additional Work Experience – Current Lobbying Clients .....................................................................3 Appendix C: Requested Documents ........................................................................................................................4 These materials contain certain information of Foley’s that constitutes trade secrets belonging to Foley and is proprietary, privileged or confidential information of Foley’s. The release of this information, which is not generally known, and which Foley makes reasonable efforts to keep confidential, would cause Foley competitive harm, and the public interest served by not disclosing that information clearly outweighs any public interest served by disclosing it. Accordingly, and pursuant to the RFP, Foley has labeled the portions of its proposal containing such information as “CONFIDENTIAL AND PROPRIETARY,” and, as a result, Foley understands CITY OF MOUNTAIN HOUSE will treat such information as confidential and will not publicly disclose it before completion of the negotiation, recommendation, and award process described in Section 12 of the RFP. Foley requests that the CITY OF MOUNTAIN HOUSE promptly notify Foley in writing of any request to obtain this RFP response, including but not limited to, in response to a public records request or a subpoena, so that Foley has sufficient time to take steps to protect its proprietary and trade secret information. Also, Foley requests that CITY OF MOUNTAIN HOUSE promptly notify it of any action challenging a decision by CITY OF MOUNTAIN HOUSE to withhold the information Foley has marked as “CONFIDENTIAL AND PROPRIETARY” in response to a request for it so that Foley may intervene in such action to protect its interests as well as those of CITY OF MOUNTAIN HOUSE.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 1 Executive Summary/ Cover Letter
May 30, 2025
VIA MAIL AND EMAIL: [email protected] City of Mountain House Town Hall Attn: Karen Morgan, Utility Manager
251 E. Main St.

Mountain House CA. 95391
Re: Response to Request for Proposal for Federal Lobbying Services Foley & Lardner LLP (Foley) is pleased to submit the accompanying response to the Request for Proposal for Federal Lobbying Services issued by the City of Mountain House, CA (“the City”).

Established in 1842 in Milwaukee, Foley is one of the nation’s 50 largest law firms with offices throughout the U.S. and in Mexico City, Mexico, Tokyo, Japan and Brussels, Belgium. Foley is born of a real Midwest work ethic, powerful resources and award-winning client service to help our clients achieve their business objectives — efficiently and cost-effectively. We draw on the knowledge and hands-on industry experience of nearly 1,000 professionals in more than 60 practice areas and 14 industry teams to provide the full spectrum of legal and government affairs services — any of which we tailor to meet each client’s unique challenges.

Foley understands that the City wishes to retain sophisticated federal advocacy and consulting support. Our team has the experience and expertise to assist the City with strategy development and execution to achieve your federal legislative and regulatory goals.

Our bipartisan Public Affairs team includes members with significant expertise and understanding of your industry, particularly resulting from our work on behalf of other California municipalities. We are comprised of former congressional Chiefs of Staff, senior committee consultants and communications experts, Members of Congress and senior administration officials. Additionally, we have team members who focus solely on supporting our efforts, such as legislative tracking and research, fly-in coordination, drafting client documents and newsletters, and other critical aspects of the “one-stop shopping” firm we strive to be. With all our clients, we EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 2 devote the time necessary to understand your priorities before collaboratively developing and executing an effective strategy. Further, you will have senior consultants as your points of contact on our team.

Collectively, our team offers decades of policy, regulatory, and political experience, coupled with deep and broad relationships on Capitol Hill and throughout the administration. Of specific relevance to the City of Mountain House, our team has extensive experience working with the Department of Transportation (DOT), Department of the Interior (DOI), Bureau of Reclamation (BOR), Department of Homeland Security (DHS). We bring a proven track record of helping clients achieve their federal funding, policy and regulatory priorities, whether they include moving legislation or impacting final rules. We run coalitions and congressional caucuses and focus heavily on both congressional and regulatory lobbying. In addition, we offer communications and state lobbying expertise, as needed. We pride ourselves on integrity, honesty, and collaboration, and bring this work ethic to each and every client we have the privilege to serve.

Foley provides budget certainty for its lobbying clients by offering fixed-fee monthly retainers and a 30-day optout clause. If you are unhappy with your service, you can cancel your contract with 30 days’ notice.

We are confident that the depth and breadth of our government solutions and business consulting expertise, coupled with the qualifications of our Public Affairs Team and our cost-effective approach, will convince you that Foley is an ideal fit to continue our representation of the City at the federal level. We thank you for the opportunity to present our qualifications and look forward to continuing to work for you.

Sincerely,
Dennis Cardoza
Director of Public Affairs and
Authorized Representative
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 3 Firm Overview
Foley by the Numbers
Foley has made three
fundamental commitments:

To provide effective, timely, and
creative legal counsel to our clients
To be involved citizens in
our communities
To maintain an atmosphere of
collegiality and mutual respect for our
more than 2,500 people in 25 offices
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 2 60 practice groups providing business solutions
to complex, market-specific needs, including…
Antitrust Environmental Regulation Private Equity
Bankruptcy Export Controls Product Liability
Business
Reorganizations
Finance Real Estate
Capital Markets Government Solutions Securities Enforcement & Litigation
Class Action Government Enforcement,
Defense & Investigations
Tax, Benefits & Estate
Planning
Construction Insurance Technology
Transactions
Corporate Governance Intellectual Property Transfer Pricing Cybersecurity, Data
Privacy & Information
Management
International Trade Venture Capital &
Emerging Business
Dispute Resolution Labor & Employment White Collar Defense Distribution & Franchise Litigation
Employee Benefits &
Executive Compensation
Mergers & Acquisitions
Outsourcing
Recognized, Credentialed, and Qualified. We are a world-renowned law firm and a recognized brand in the legal industry, bringing deep credibility to the board room and beyond.

Comprehensive Legal Services. We are a full-service business law firm, maintaining topflight practices in business, transactions, litigation, intellectual property, and regulatory. We make it easy for clients to use us as a destination legal solution for all of their legal matters.

Collaborative, Proactive Approach. We are committed to being a long-term strategic partner to our clients by learning their businesses and bringing in the right skills required to solve any problem and achieve their business goals.

Predictive Solutions in the Absence of Precedent. We drive solutions by combining great legal minds with innovation, an entrepreneurial spirit, and leading-edge technology tools, creating efficiencies enabled by our scale.

Local Presence, National Platform, Global Reach. We operate through 25 offices around the world, with the strength of over 1,100 lawyers on multiple continents. We go where your business goes.

Why Foley
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 3 Qualifications

1. Describe the firm’s experience with the state legislative process and funding acquisition. Describe specific experience representing clients with similarities to Mountain House, including size, demographics, geography, tourism, and legislative issues.

CALIFORNIA PRESENCE
Foley has a longstanding commitment to serving clients in California. Our professionals work collaboratively across the firm’s five California offices to provide a full spectrum of services. The firm maintains California offices in San Diego, Los Angeles, San Francisco, Sacramento, and Silicon Valley. With more than 100 professionals, Foley’s California offices maintain exceptional local talent combined with the deep resources of a national firm to meet the specific needs of our clients.

Foley’s California offices offer a full range of comprehensive services to meet your needs, with a strong focus in the areas of energy, technology, corporate law, mergers and acquisitions, litigation, employment and benefits, construction, government relations, public policy, and other areas. As a large, international law firm, we also leverage the experience of 1,100 foley attorneys to assist clients, regardless of geography.

Austin
Boston
Brussels
Chicago
Dallas
Denver
Detroit
Houston
Jacksonville
Los Angeles
Madison
Mexico City
Miami
Milwaukee
New York
Orlando
Palo Alto
Sacramento
San Diego
San Francisco
Tallahassee
Tampa
Tokyo
Washington, D.C.

NATIONAL SCOPE, WITH STRONG CALIFORNIA FOOTPRINT FOLEY’S

CALIFORNIA

PRESENCE
19 practice groups
113 attorneys
5 EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 4 FOLEY’S GOVERNMENT SOLUTIONS PRACTICE
Foley’s Government Solutions lobbyist and attorneys provide a full range of legal and public policy counsel to clients on any matters related to federal, state, and local government.

Public Policy & Government Relations
Foley’s Public Policy and Government Relations group provides services covering the full spectrum of public policy, combining comprehensive counsel with proficiency in government relations, political law, strategic positioning, and communications with the practice of law when needed. Protecting the needs and interests of our clients in the public arena is demanding and requires focused discipline and strategic counsel. Our team brings diverse experience and deep knowledge, as well as responsive and creative business solutions. We can represent clients federally and in discrete states or coordinate nationwide campaigns to achieve clients’ goals simultaneously on federal, state, and local levels.

Team highlights:

Members in Washington, D.C., as well as in state capitals throughout the country First-hand experience, with veteran insight into the White House, federal agencies and Congress Access to the eyes and ears of state and local government Extensive experience in strategic and crisis communications We are known for securing legislative and political “wins” on complex issues—often in a highly charged environment. On certain matters, our political strategy calls for a limited and carefully calculated approach; on other matters, we establish broad-based coalitions or mobilize grassroots campaigns. With an in-depth understanding of the statutory and regulatory framework in which issues arise, coupled with strong ties with the White House, federal agencies, and Congress, we are positioned as the ideal vanguard for clients’ government relations initiatives.

TEAM ACCOLADES
Jennifer Walsh and Dennis Cardoza have been selected as two of The Hill’s Top Lobbyists for the last three years (2022, 2023 and 2024). Additionally, our lobbying team has been included as one of Bloomberg Government’s Top Performing Firms for five years in a row (2020, 2021, 2022, 2023 and 2024). Finally, Dennis Cardoza was named Recipient of the UC Merced Chancellor’s Medal, 2009, he was State Legislator of the Year by the California Sherriff’s Association in 2000 and 2001, and he was also State Legislator of the Year by the University of California Alumni Association in 1999.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 5

2. Describe the qualifications of the lead person(s) that will serve as the primary contact for the City a. Include tenure with the firm and years of experience in the field b. Include comparable cities the lead represents and the length of the relationship with those clients c. Provide examples of the leads, successes, or major accomplishments for municipal clients The lobbyists who we are proposing for this engagement are all registered lobbyists with significant legislative experience. Credentials can be found below for your consideration with the team profiles included in this section under item number three.

REPRESENTATION OF CALIFORNIA WATER AUTHORITIES & DISTRICTS Select clients include:

San Diego County Water Authority (Federal Advocacy) – We currently represent SDCWA at the federal level. Over the last few years, we have helped the Water Authority build and maintain key relationships on the Hill and in the Administration. We’ve recently helped secure the submission of several Community Project Funding requests in the appropriations process, as well as a nearly $20 million grant for the Bud Lewis Carlsbad Desalination Plant’s permanent intake upgrade. We hope to build on our recent successes with the Authority, including our work to help secure federal funding.

United Water Conservation District (Federal Advocacy) – We have represented UWCD at the federal level for several years. We have helped the District secure numerous wins, including altering the funding qualifications for the Federal High Hazard Damn Program. We have also helped get the General Manager invited to testify at two congressional hearings and have had report language submitted to an appropriations bill.

San Luis & Delta-Mendota Water Authority (Federal Advocacy) – We have represented SLDWA at the federal level for several years. The Authority consists of water agencies representing approximately 2,100,000 acres of 29 federal and exchange water service contractors within the western San Joaquin Valley, San Benito and Santa Clara counties. It includes the Westlands Water Authority, which is the largest agricultural water district in the United States. Of the many wins secured for the Authority, one includes report language in the appropriations process delivering $5 million for the Friant-Kern Canal, San Luis Canal, and Delta Mendota Canal.

Byron-Bethany Irrigation District (Federal Advocacy) – We have represented BBID at the federal level for several years. BBID is a multi-county special district serving parts of Alameda, Contra Costa, and San Joaquin Counties across 47 square miles and 30,000 acres. BBID provides management services and operations & maintenance support to the Byron Sanitary District, which provides wastewater and sewer services to Byron residents. This year alone, we helped secure the submission of a multimillion-dollar Community Project Funding request in an appropriations bill.

Please see APPENDIX B for additional information on our current clients and the work we do for those entities.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 6 OUR TEAM’S LEGISLATIVE MUNICIPAL CLIENT EXPERIENCE
Foley policy advisors have contributed to the following legislative and regulatory achievements:
2019
Colorado River Drought Contingency Plan Authorization
Act
Bureau of Reclamation Title Transfer
Contra Costa, Arbuckle facility title transfers
Extension of the successful Colorado River Endangered
Fish Recovery Program
Authorization of phase III of the Yakima River Basin Water Enhancement Project
2020
Water Resources Development Act of 2020 (High Hazard
Dams)
Legislation to add California to the Nutria Eradication and Control Act
2021
Endangered Salmon Predation Prevention Act
America’s Water Infrastructure Act of 2018
Legislation to authorize prepayment of debt obligations to the Bureau of Reclamation for Northport Irrigation District 2022
Water Infrastructure Improvements for the Nation (WIIN) Act Tribal Water Rights Settlements: Pechanga Water Rights
Settlement, Blackfeet Water Rights Settlement, Choctaw Nation of Oklahoma and the Chickasaw Nation Water Settlement
California canal conveyance.

Amity Foundation Earmark Funding.
2023
Colorado River Drought Contingency Plan Authorization Act Bureau of Reclamation Title Transfer
Contra Costa, Arbuckle facility title transfers
Extension of the successful Colorado River Endangered Fish Recovery Program
Authorization of phase III of the Yakima River Basin Water Enhancement Project
Water projects submitted in Appropriations packages, including being signed into law.

Job training earmark for Los Angeles City via CRCD.
$3B Tax Credit Program – assisted New Fortress Energy.

Brightline Florida high-speed rail bridge
2024
Water Resources Development Act draft
Legislation to add California to the Nutria Eradication and Control Act
Water projects submitted in Appropriations packages
$2B grant to Brightline West- the largest grant ever to a private entity
$47M to Tracy, CA for Interchange at Lammers Road.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 7

3. List the staff that will directly support the lead contact for the City and their qualifications.

YOUR FEDERAL ADVOCACY TEAM
Foley offers the following legislative and regulatory team to provide the necessary Federal legislative advocacy on behalf of the City of Mountain House. As mentioned above, Dennis Cardoza and Jared Rifis will be the board’s primary points of contact for federal advocacy, including meeting with members of Congress and key Administration officials, and helping secure federal funding for critical projects as well as coordinating with congressional staff for appropriations requests and gathering letters of support. Kate Kros and Ian Hopkins will help the team with legislative and regulatory tracking and advocacy fly-ins. All persons listed below are registered lobbyists and are in compliance with the relevant laws governing such activity.

Dennis Cardoza
Director, Public Affairs
Washington, D.C. / Sacramento /
Tampa
E: [email protected] T: 202.295.4015
Dennis A. Cardoza is a public affairs director. He serves as co-chair of the Federal Public Affairs Practice and chair of the California Public Affairs Practice. He advises a broad range of clients on legislative, regulatory, and public policy and advocacy matters, and has extensive policy experience with respect to water resource, banking, housing, infrastructure, energy, agriculture, education, foreign affairs, and health care issues.

Prior to joining Foley, Dennis served five terms in the U.S. House of Representatives from California’s 18th District. His committee roles included serving four years on the powerful House Rules Committee while he was also a key member of the House Democratic Leadership Team. Dennis also served as chairman of the House Agriculture Committee’s Subcommittee on Horticulture and Organic Agriculture, where he played a leading role in the formation of the 2007 Farm Bill; ranking member of the Agriculture Committee’s Subcommittee of Livestock, Dairy and Poultry; member of the Committee of Foreign Affairs’ Subcommittee on Asia and the Pacific; member of the Subcommittee on the Middle East and South Asia, the Committee on Resources and its Subcommittee on Water, and the Science Committee. As a member of the House leadership, Dennis was also intimately involved in the drafting of the Affordable Care Act.

Jared Rifis
Director, Public Affairs
Washington, D.C.

Jared Rifis represents clients and their federal policy priorities before Congress and the Administration. As a member of the firm’s Government Solutions Practice Group, Jared provides analysis and advocacy that advance each client’s public policy goals. He has experience with a wide range of federal and state policy issues and also advises clients on lobbying and PAC compliance.

Before joining Foley, Jared served in various roles in Congress, most recently serving as a judiciary and commerce advisor in Senator Harry Reid’s leadership office, where his broad portfolio encompassed matters of technology, telecommunications, gun safety, consumer protection, gaming, patents, and more. During law school, Jared worked in the leadership office of House Speaker Nancy Pelosi, the EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 8 E: [email protected]
T: 202.295.4154
Judiciary Committee office of Senator Chuck Schumer, the Democratic Congressional Campaign Committee, the think tank Third Way, and the campaign finance reform organization now known as Issue One.

Kate Kros
Senior Public Affairs Advisor
Washington, D.C.

E: [email protected]
T: 202.295.4063
Kate M. Kros is a Senior Public Affairs Advisor with Foley & Lardner LLP’s Government Solutions Practice Group and brings nearly 15 years of experience in grassroots advocacy, federal policy and strategic communications to her work advising clients. In her role, among other things, Kate develops and deploys advocacy strategies, provides legislative and regulatory insights, and ensures clients are in compliance with federal reporting requirements.

Prior to Foley, Kate spent eight years at a consulting firm connecting 80+ non-profit organizations, trade associations, and stakeholders with legislators, training thousands of constituents on how to successfully communicate with their members of Congress and executing largescale advocacy fly-ins in district offices and on Capitol Hill. She scheduled hundreds of bipartisan, bicameral meetings yearly with every member of Congress.

Ian Hopkins
Public Affairs Advisor
Washington, D.C.

E: [email protected]
T: 202.295.4023
Ian Hopkins supports Foley’s Government Solutions Practice Group in the firm’s Washington, D.C. office as a Public Affairs Advisor.

Before joining Foley, he was a legislative intern for the Office of Representative Gabe Amo, where he developed comprehensive research memos on foreign affairs, climate change, health care, and more. His previous experience also includes working as a legislative intern for the Office of Senator Jack Reed and as a junior fellow at the Middle East Policy Council.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 9

4. Provide examples of the firm’s successes or major accomplishments in advocating/lobbying for municipalities including legislation, programs, projects or funding awards that have been forwarded through the legislature and/or relevant agencies.

MAJOR BUDGET APPROPRIATIONS & FUNDRAISING SUCCESSES FOR OUR

MUNICIPAL CLIENTS
Examples of securing CA-specific federal funding by Dennis Cardoza and the Foley team include:

Representing Brightline with Federal Lobbying Services. Our team was successful in securing a $3 billion FRA grant agreement awarded to the Nevada Department of Transportation (NDOT) for Brightline Westthe largest-ever grant award in California.

Represented the University of California in obtaining funding over $1B and securing necessary environmental permitting by working with several governmental agencies.

Millions of dollars for the Bud Lewis Carlsbad Desalination Plant’s permanent intake upgrade.

Millions of dollars submitted in earmarks for the SDCWA and San Luis Delta Mendota Water Authority in the 2024 appropriations process.

Successful in securing planning grants for the $1 billion for the B.F. Sisk Dam Raise and Reservoir Expansion project for our client, San Luis & Delta-Mendota Water Authority.

Forced a federal agency to spend millions of dollars on a fish passage structure for the United Water Conservation District.

Millions of dollars of funding for federal dredging for the California Bay-Delta ship channel in Stockton, California.

Millions of dollars of funding for toxic remediation efforts in the Port of Stockton, California.

Multi-million-dollar federal award for efforts to prevent saltwater intrusion into the City of Stockton, California water supply.

Millions of dollars for funding for numerous public works, transportation, and educational institution projects to benefit the Central Valley, California.

Secured funding for the State Route 99/Arch Road Interchange Reconstruction Project which includes the acquisition of rights-of-way, approval of a design for an urban interchange that will provide an elevated freeway, the widening on Arch-Airport Road at-grade, the extension of Quantas Lane, the modification of the existing on and off-ramps, providing signal modifications, safety lighting and sign structures to meet Caltrans standard practices at street and ramp intersections (IS18-98).

Advocated to secure federal funding of more than $41.3 million to widen Corral Hollow Road, including a new interchange at Corral Hollow Road and Interstate 580.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 10

5. Provide specific successes and identify key staff or partners with expertise and professional relationships in each of the following areas that are critical to City advocacy:
a. Funding advocacy for transportation projects and accessibility improvements with CalTrans, the California Transportation Committee, and the US Department of Transportation b. Advocacy for economic development programs and funding including broadband deployment c. Advocacy for community development programs and funding including housing and homelessness d. Funding advocacy for public safety initiatives, personnel, and equipment e. Funding advocacy for emergency management initiatives f. Advocacy for community services funding related to library services, trails, parks, recreation programs and open space
g. Advocacy for water policy and water rights as well as funding for water related infrastructure and conservation h. Advocacy for stormwater and wastewater regulations, permitting and capital funding

SPECIFIC BUDGET APPROPRIATIONS & FUNDRAISING BY CATEGORY Examples of securing federal funding by the Foley proposed team include but are not limited to:

Funding Advocacy for Transportation Projects
Secured funding for the State Route 99/Arch Road Interchange Reconstruction Project which includes the acquisition of rights-of-way, approval of a design for an urban interchange that will provide an elevated freeway, the widening on Arch-Airport Road at-grade, the extension of Quantas Lane, the modification of the existing on and off-ramps, providing signal modifications, safety lighting and sign structures to meet Caltrans standard practices at street and ramp intersections (IS18-98).

Advocated to secure federal funding of more than $41.3 million to widen Corral Hollow Road, including a new interchange at Corral Hollow Road and Interstate 580.

Advocated for $2B for the State Route 99 Corridor in CA.

Assisted with $100M of funding for Cal Trans for interchange on State Route 99, specifically focusing on the Paige Avenue multimodal interchange in Tulare County.

Representing Brightline with Federal Lobbying Services. Our team was successful in securing a $3 billion FRA grant agreement awarded to the Nevada Department of Transportation (NDOT) for Brightline Westthe largest-ever grant award to a private company by the federal government.

Advocated to secure funding for Florida Brightline’s high-speed rail bridge program for Orlando, involving the construction of 18 new rail bridges and 60 miles of additional track.

Advocacy for Economic Development Programs
Millions of dollars for funding for numerous public works, transportation, and educational institution projects to benefit the Central Valley, California.

Advocacy for Community Development Programs
Assisted with funding for CRCD and Amity Foundation as partners with LA. Funding to support the re-entry population and other communities with mental health and substance abuse treatment, job training and connections, and affordable housing development and access.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 11 Funding Advocacy for Public Safety Initiatives
Millions of dollars of funding for toxic remediation efforts in the Port of Stockton, California. $25M for Stanislaus County Sheriff’s grant for methamphetamine detection.

Funding Advocacy for Emergency Management Initiatives
Helped secure millions for Whitefish Energy from FEMA, a company that assisted with the rebuild of the electrical grid in Puerto Rico after hurricane damage.

Passed legislation to change grant funding eligibility for United Water access to FEMA funds to repair a High Hazard dam.

Advocacy For Community Services Funding
Assisted with funding for CRCD and Amity Foundation as partners with LA. Funding to support the re-entry population and other communities with mental health and substance abuse treatment, job training and connections, and affordable housing development and access.

Secured funding for community centers in Atwater and Patterson. Secured funding for Promise Neighborhoods programs throughout California.

Advocacy For Water Policy and Water Infrastructure Projects Millions of dollars for the Bud Lewis Carlsbad Desalination Plant’s permanent intake upgrade.

Millions of dollars submitted in earmarks for the SDCWA, Byron Bethany Irrigation District (BBID), and San Luis Delta Mendota Water Authority in the 2024 appropriations process (ongoing).

Forced a federal agency to spend millions of dollars on a fish passage structure for the United Water Conservation District.

Millions of dollars of funding for federal dredging for the California Bay-Delta ship channel in Stockton, California.

Multi-million-dollar federal award for efforts to prevent saltwater intrusion into the City of Stockton, California water supply.

Successful in securing planning grants for the $1 billion for the B.F. Sisk Dam Raise and Reservoir Expansion project for our client, San Luis & Delta-Mendota Water Authority.

Successfully advocated against water curtailment efforts by California for BBID.

Advocacy For Stormwater and Wastewater Regulations and Funding Countless successes for long-time water clients: BBID, SLDMWA, United Water, and Westland’s.

Additional work with Patterson Irrigation District and San Diego County Water Authority. Chief advocate for the WINN Act.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 12 Approach

1. Describe the firm’s acumen in understanding and successfully navigating the political and legislative environment, including the firm’s demonstrated success in working with various individuals and organizations on legislative issues and the ability to quickly identify and analyze legislation and other political trends OUR APPROACH – A TRUSTED PARTNER
Our team is committed to providing a full suite of services, consistent with those outlined in the RFP, to our clients. While many firms in D.C. can lobby effectively, our team’s depth also includes staff who perform daily issues tracking (including relevant press coverage, legislative, and regulatory updates), draft client updates and newsletter content, and bring more than ten years of experience organizing and coordinating hundreds of fly-ins for large organizations. This includes “coaching” on how to effectively lobby. These team members also conduct research and develop legislative, regulatory, and hearing summaries for our clients. Finally, they are heavily involved in supporting our directors by drafting formal comments, issue papers, client newsletter content, and political update presentations.

Of course, a successful advocacy team must have relationships in key areas of Congress and the administration as well as with relevant third-party stakeholders. We interact with DOT, and White House officials regularly to advance our clients’ priorities and to prevent harmful regulations or policies from being enacted. We have deep relationships with relevant committee staff, Democratic and Republican leadership, and the various factions throughout both parties, ranging from the Progressive Caucus to the Freedom Caucus and everyone in between.

Communication is the cornerstone of our client relationships. In nearly every case (unless not desired by a specific client), we hold weekly, biweekly, or monthly check-in calls and in most cases, interact on at least a weekly basis, often daily. This is important to ensure lines of communication remain open and that we fully understand what is happening within our clients’ organizations. Further, we participate in multiple stakeholder organizations on behalf of our clients, where we communicate and coordinate on a regular basis with other third parties. We find that this broad collaboration is often critical to achieving both congressional and regulatory objectives.

Finally, we believe that maintaining a bipartisan team is critical to effectively serving our clients. In addition to the relationships a bipartisan team brings to the table, it makes us each more effective lobbyists by benefiting from insight into how “the other side” will view a specific policy or strategy.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 13

OUR FEDERAL PUBLIC POLICY TEAM
Foley’s Public Policy Practice covers the full spectrum of public policy. Our bipartisan team has a proven track record of helping clients achieve their federal public policy and political priorities, with extensive experience advocating on behalf of clients involved in various aspects of government.

We excel across the country. Foley has a premier public policy practice with members in Washington, D.C., as well as state capitals throughout the country. We can represent you federally, in discrete states, or coordinate nationwide campaigns to achieve your goals simultaneously on federal, state, and local levels.

WE EMPLOY A COMPREHENSIVE APPROACH TO GOVERNMENT RELATIONS We have developed meaningful relationships throughout the House, Senate, and Administration over our many years of experience working in and with the federal government and private sector. We are comprised of former Members of Congress, both Republican and Democrat, former House and Senate Chiefs of staff and former Administration staff. To best serve you, we invest heavily in building relationships both legislatively and politically.

Our combined years of government experience enable us to deliver you results by working closely with congressional Republican and Democratic leadership, and with key caucuses and committees.

Lobbying Services
We are not just a “hired gun” to speak with executive and/or legislative leadership. We seek to accomplish your goals and advocate on your behalf in a manner upholding the highest ethical and professional standards.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 14 Strategic counseling on which legislative, executive and regulatory issues to tackle; the best approach to lobbying; and maintaining positive relationships with the legislative and executive branches of government Advice and tactics for overcoming bureaucratic hurdles
Advocacy strategies for legislators and regulators regarding legislation, rules, or other regulatory or policy matters
Assistance in drafting language for legislation, amendments, and testimony for legislative or regulatory hearings
Legislative Policy and Budget
We help you spot the issues that may promote or threaten your interests. Our team first studies your goals and concerns, and then reports on known proposals and, more importantly, on developing issues that have not yet surfaced publicly.

Tracking all legislative and administrative proposals of interest, including bills, amendments, and rules that are introduced in the legislature
Gathering intelligence on pending proposals from state legislators and administration officials Developing budgets and legislative monitoring
WHY FOLEY?
The Value We Deliver.

We have developed meaningful relationships with members of the House, Senate and Administration over many years of experience working in and with the federal government and the private sector. The team is made up of former members of Congress, former congressional chiefs of staff, and former senior congressional policy and communications staff.

Our team has extensive experience working with relevant agencies for our clients. We draw on decades of experience drafting and moving legislation and developing deep relationships with relevant congressional and agency staff. We have the breadth to ensure your messages are heard and the experience to deliver positive outcomes. We bring experienced federal lobbying on issues related Counties in Florida in regard to the United States Congress and Executive Branch of the Federal Government and Federal agencies and are experienced in budget allocations, providing real-time monitoring and reporting on issues facing state counties from the Legislative and Executive Branches of the Federal Government.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 15

2. Provide a brief summary of the steps the firm would take to assist the City's in meeting its legislative objectives including a description of the firms experience in assisting municipalities in developing and executing legislative platforms Our firm takes a comprehensive approach to assisting municipalities in achieving their legislative objectives. We would begin by working closely with City leadership to identify their key priorities and policy goals. From there, we help develop a strategy that aligns with the City's short- and long-term interests. The firm would engage with all relevant stakeholders, including Congressional offices, Congressional committee staff, Administration officials, and regulatory agencies to build support and advocate effectively on the City’s behalf.

Our team has extensive experience supporting municipal clients in crafting and executing legislative strategies at the local, state, and federal levels. We have successfully helped cities secure funding, influence legislation, and navigate complex policy environments through a combination of strategic planning, relationship-building, and ongoing advocacy. During Dennis’ six years in the California state legislature and 10 years in Congress, he was successful in securing over $2 billion in funds back to his district, including fire grants, public safety grants, road and transportation grants, and grants for community centers. He was also successful in securing funding to build UC Merced. Just in the last 3 years, the firm secured over $6 billion in tax credits and grants for California municipalities and water districts, as well as a $30 million grant for a subdivision of the City of Los Angeles.

3. Highlight innovative ideas your firm may have to provide these services and explain why your approach is advantageous to the City.

Our firm is unique in the first-hand experience, knowledge, and relationships we have fostered with the California state legislature, members of both parties and in both chambers of Congress, and relevant federal agency contacts. Our team is bipartisan and has great ties in the Administration and Congress that oversee relevant legislation, regulations, and funding opportunities. Dennis brings a decade of experience in Congress representing California. Our approach includes unparalleled access, institutional knowledge, and deep policy expertise. Our team has proven successful navigating complex political climates and delivering results to our clients. The firm is uniquely positioned to take advantage of grants, the appropriations process, and other funding opportunities that arise.

4. Provide examples of regular reporting formats offered to other clients

COMMUNICATION AND REGULAR REPORTING
To best serve our clients’ needs, we must routinely communicate with them and solicit their feedback. The manner, method, and frequency of communication is largely dependent on a client’s preferences; however, in general, our client communication is meant to maintain consistent and superior legal work, ensure efficient budget management, encourage service innovation, and eliminate surprises.

Foley’s Communication Strategy typically includes:

Negotiation of an annual plan, including budgetary and service-level objectives for each legal area, and value-based fee arrangements designed to provide identifiable financial and scale benefits Frequent monitoring of Foley’s performance (by us and by you), both against budget and against identified service objectives
Continuing commitment to client training, client team meetings, and brainstorming sessions, designed to reduce systemic legal risk, foster greater collaboration, encourage service innovation, and increase capacity within the client to handle routine legal matters We provide several technology-based systems that enhance communication and collaboration with our clients, and our teams are available to clients on a 365-day, around-the-clock basis.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 16 Client Visits
While client service demands regular communication with clients, we also make it a point to schedule onsite visits to review the state of the relationship and discuss strategy. These visits are meant to make certain that Foley is exceeding expectations and make necessary corrections if there are areas where we are not. We include members of Foley’s cross-disciplinary team in these meetings to provide a greater view across the practices and services that we provide.

Internal Communication
Attorneys practicing in different areas and offices need to know the current legal issues facing the company, the positions the company is taking across practice areas, and the business strategies and risk tolerances of the company. The team places a high priority on frequent communication to ensure that the legal services provided by the firm are consistent and seamless. Through this team approach and internal collaboration, lessons learned are applied to future matters, and prior documents can be leveraged for efficiencies and economic delivery of service.

Right Place/Right Time
We believe that our strength also lies in our continuing ability to provide the highest quality legal skills at the right time and the right price to meet the needs of our clients. With the firm’s breadth of coverage in practice, geography and number of attorneys, we are able to pivot and scale our services to meet the needs of clients to match the need, regardless of time or place.

5. Describe how the firm addresses potential conflicts between clients

CONFLICTS AND LITIGAITON
As a large law firm, Foley is subject from time to time to actions, proceedings, claims, or complaints. As a matter of policy, we do not disclose information regarding those matters. Nevertheless, to the best of the knowledge of the attorneys listed in this response who would comprise our proposed team, there have been no actions, proceedings, claims, or complaints made against those attorneys.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 17 Capacity and Stability of Firm

1. Provide an overview of organizational structure, ownership, configuration, and capitalization of your firm

ORGANIZATIONAL CHART
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 26 offices across the United States, Mexico, Europe, and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives, and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.

The firm is led by its Management Committee comprised of 13 partners within the firm. For its day-to-day management, the firm is managed and led by CEO Daljit Doogal, who is also the Management Committee Chairman. Steve Vazquez, Managing Partner, Jen Patton, Chief Operating Officer, and Fran Zeiger, Chief Administrative Partner, round out the Executive Management Team. Additionally, the firm is arranged into four general departments — Litigation, Business Law, Intellectual Property and Industry Teams. Each department is headed by a Department Chair and each practice has a Practice Group Chair. Finally, each office is run by an Office Managing Partner. Operating as a Partnership, there is no individual or entity that has more than 5% ownership interest in the firm.

2. Provide background information including your firm’s location, hours of office, length of time in business, and number of full-time personnel.

Foley is an international law firm organized as a limited liability partnership under the laws of the State of Wisconsin. We have office locations in Austin, Boston, Brussels, Chicago, Dallas, Denver, Detroit, Houston, Jacksonville, Los Angeles, Madison, Mexico City, Miami, Milwaukee, New York, Orlando, Raleigh, Sacramento, Salt Lake City, San Diego, San Francisco, Silicon Valley, Tallahassee, Tampa, Tokyo, Washington, D.C. and all offices keep typical business hours of 9am-5pm. Foley employs over 1,100 attorneys and an additional 1,100 professional support staff.

3. Provide a full and detailed presentation of the true condition of the proponent’s assets, liabilities and net worth. The report should include a balance sheet and income statement. If the proponent is a new partnership or joint venture, individual financial statement must be submitted for each general partner or joint venture thereof. If firm is a publicly held corporation, the most current annual report should be submitted.

Any proponent who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the proponent under federal bankruptcy law or any federal insolvency, may be declared non-responsive.

FINANCIAL STABILITY
We do not disclose the firm’s financial details to clients, nor do we provide copies of our financial statements. We can, however, disclose our gross revenue as it is public information.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 18 Fiscal Year Period Revenue
FY2025 2/1/2024 – 1/31/2025 $1,177,490,852
FY2024 2/1/2023 – 1/31/2024 $1,170,028,995
FY2023 2/1/2022 – 1/31/2023 $1,084,572,435
FY2022 2/1/2021 – 1/31/2022 $1,024,000,486
Additionally, we have attached a letter of good standing along with this response as APPENDIX C.

Client References

1. List of current clients and past clients of similar nature Please see a select list of our current clients under APPENDIX B.

2. Five references with whom you have done business in the past five years, including name, title, telephone number and email address

REFERENCES
We believe our clients provide the best insight on our capabilities. We are pleased to offer and encourage you to contact the following representative references to comment on our related experience and past performance. Each of these references has significant experience with our team and the services Foley provides.

Confidential & Proprietary information begins here:

Client: Byron Bethany Irrigation District
Contact: Ed Pattison Title: General Manager
Phone: 209.968.4436 Email: [email protected]
Services: Federal Public Policy representation and advocacy Client: San Luis & Delta - Mendota Water Authority
Contact: Scott Petersen Title: Director
Phone: 209.832.6200 Email: [email protected]
Services: California and Federal Public Policy representation and advocacy Client: United Water Conversation District
Contact: Mauricio E. Guardado, Jr. Title: General Manager EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 19 Phone: 805.525.4431 Email: [email protected]
Services: Federal Public Policy representation and advocacy, including Federal funding opportunities.

Client: Amity Foundation
Contact: Doug Bond Title: President and CEO
Phone: 213.400.4243 Email: [email protected]
Services: Federal Public Policy representation and advocacy, including Federal funding opportunities.

Client: Westlands Water District
Contact: Jeff Payne Title: Assistant General Manager
Phone: 916.662.3177 Email: [email protected]
Services: Federal Public Policy representation and advocacy, including Federal funding opportunities.

Confidential & Proprietary information ends here:

3. A listing of all matters in which the firm or any of its lobbyists or attorneys have represented a party or client adverse to the City within the last five years
At this time, we are unaware of any clients who are or have been engaged in any adverse actions against The City.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 20 Costs Associated with the Summary of the Proposed
Plan

1. Provide a detailed fee structure for a two-year term on a page entitled "Consultant’s Fee Schedule" under separate cover The Consultant Fee Schedule, contained herein as EXHIBIT B, has been attached as requested by a separate cover under APPENDIX C. 2. Indicate monthly retainer and estimated travel expenses; if fee is “all inclusive”, indicate if the fee includes travel and for how many visits or any restrictions or caveats (such as a limit on the number of issues included as part of the platform, etc.) associated with the fee
The firm bills for its out-of-pocket expenses at cost and does not markup expenses on a cost-plus or similar basis. All attorney travel will be reviewed with the City prior to and in accordance with guidelines set forth in the City’s engagement terms and conditions. While we do not have an advanced estimate of travel, we would be pleased to communicate with the City when then need for travel arises and communicate anticipated costs at that time.

3. Finalist’s fee structure may be subject to negotiation Acknowledged.

4. Firm’s ability to finalize and enter into a contract with the City for a term to commence July 1, 2025, including the firm’s ability to devote resources to the full representation of the City. Proposal shall provide the name, title, address, telephone number, email address and signature of the individual(s) with the authority to bind the firm to a contract and expressly state the proposal is valid for 60 days; and
Confirmed that we have the ability to commence services starting July 1, 2025. Foley is committed to transparency in the provision and administration of legal services as well as lobbying services performed under the auspices of a law firm. While we welcome the opportunity to serve as a Legislative Advocate to the City of Mountain House, our response shall not be construed as an agreement to comply with all of the terms and conditions as set forth in the Sample Professional Services Agreement. If selected, Foley requests the opportunity to further negotiate the terms and conditions of any resultant contract, including but not limited to:

Consultant’s Warranties and Guarantee; Public Works Requirements; Legal Requirements; Indemnification, Hold Harmless and Defense; and Insurance Requirements. We also note that we have a current Engagement Letter Agreement in place with the City, dated March 4, 2025, and would propose that in lieu of the PSA, the terms of that Agreement cover any new matters arising from this RFP.

5. The City has no obligation to award a contract based on the submittal of an RFP.

Acknowledged.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 21 Sample Letter of Correspondence

1. Please submit a sample letter of correspondence taking a position on a legislative issue EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 22 Appendix A:

Qualifications Of Our
Professionals
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 23 Dennis A. Cardoza
Director, Public Affairs
[email protected]
Washington, D.C. Sacramento Tampa
202.295.4015
Dennis A. Cardoza is a public affairs director. He serves as co-chair of the Federal Public Affairs Practice and chair of the California Public Affairs Practice. He advises a broad range of clients on legislative, regulatory, and public policy and advocacy matters, and has extensive policy experience with respect to water resource, banking, housing, infrastructure, energy, agriculture, education, foreign affairs, and health care issues.

Prior to joining Foley, Dennis served five terms in the U.S. House of Representatives from California’s 18th District. His committee roles included serving four years on the powerful House Rules Committee while he was also a key member of the House Democratic Leadership Team. Dennis also served as chairman of the House Agriculture Committee’s Subcommittee on Horticulture and Organic Agriculture, where he played a leading role in the formation of the 2007 Farm Bill; ranking member of the Agriculture Committee’s Subcommittee of Livestock, Dairy and Poultry; member of the Committee of Foreign Affairs’ Subcommittee on Asia and the Pacific; member of the Subcommittee on the Middle East and South Asia, the Committee on Resources and its Subcommittee on Water, and the Science Committee. As a member of the House leadership, Dennis was also intimately involved in the drafting of the Affordable Care Act.

Throughout his federal service, Dennis took a leading role in advocating for fiscal discipline on the part of the government, serving as co-chair of the Blue Dog Coalition, a group of House Democrats committed to fiscal responsibility and accountability for taxpayer dollars. He was also an advocate for homeowners facing mortgage difficulties following the housing crisis, and his work included authoring a modified version of the Housing Opportunity & Mortgage Equity Act and establishing a new congressional task force on housing stabilization.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 24 Prior to his role in the House, Dennis spent six years in the California State Assembly, where he chaired the Rules Committee and helped found the Moderate Democratic Caucus. Several organizations honored thenAssemblyman Cardoza as Legislator of the Year for his efforts to cut taxes, help family farms, and promote education and children’s safety. He has also served as a council member in the cities of Merced and Atwater in California.

Awards and Recognition
Awarded as Top Lobbyist by The Hill, 2022, 2023, 2024
Recipient of the UC Merced Chancellor’s Medal, 2009
Named State Legislator of the Year by the California Sherriff’s Association, 2000 Named State Legislator of the Year by the University of California Alumni Association, 1999 Affiliations
Former board member, University of Maryland, College of Behavioral and Social Sciences Board of Visitors (2011 – 2018)
Former member, board of directors for the Thoroughbred Owners of California (2011 – 2014) Publications and Presentations
Panelist, “A Post-Pandemic Approach to College Sports Venue Funding,” Lead1 National Athletic Directors Association, April 25, 2023
Speaker at Mid Pacific Water Users Conference, January 2023:

The Red Wave that Wasn’t: Looking Ahead to the Divided 118th Congress The ESA at Fifty: What Would President Nixon Think?
Keynote Speaker, Theta Chi Fraternity National Convention, July 2022 Panelist and Key Note Speaker: State-wide and Western water conferences, including National Water Resources Association; Association of California Water Agencies; Family Farm Alliance; Ventura Regional Water Summit, among others (2018-2021)
Speaker, “Navigating California Legislative Challenges With Democrats in Control,” Personal Care Products Council Spring Legislative and Legal Conference, May 1, 2019 Author, “Water Rights Protection,” Daily Journal, January 9, 2019 Moderator, “Energy and Infrastructure Industry Trends and Perspectives Panel,” November 3, 2017 Keynote Speaker, Sino-American Pharmaceutical Professionals Association Conference, September 23, 2017
Speaker, “Legislative Oversight of the Executive for the Nigerian Government,” International Law Institute, August 1, 2017
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 25 Keynote speaker, 3rd Annual California Water Summit, Sacramento, CA, June 2, 2016 Contributor, Cardoza’s Corner, The Hill’s Congress blog Post-Election Commentary Panelist, U.S. Association of Former Members of Congress, 2014 Panelist, “Global Capital Markets Advisory Council: Navigating the Year Ahead – Perspectives from Around the Globe,” Milken Institute 2012 Global Conference, Los Angeles, CA, April 29, 2012 Commencement speaker, University of Maryland, 2004 and 2012 Speaker, Congressional Hispanic Caucus Institute, 2010 and 2011 Speaker, United Fresh Produce Association’s Washington Public Policy Conference, National Harbor, MD, September 14-16, 2010
Speaker, National Association of Realtors Conference, 2009 Speaker, American Bankers Association Convention, San Francisco, 2006 Sectors
Automotive
Cannabis
Energy & Infrastructure
Energy Transition
Health Care & Life Sciences
Health Tech & Genomics
Hydrogen
Innovative Technology
International Trade & National Security
Manufacturing
Medical Devices
Oil & Gas
Payor Provider Convergence
Pharmaceuticals
Power & Renewables
Providers of Health Care Services
Supply Chain
Sustainability & Product Stewardship
Practice Areas
California Government Solutions
Economic Development & Government Incentives
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 26 Environmental
Environmental, Social, and Governance (ESG)
FTC Consumer Protection
Federal Public Affairs
Government Solutions
Public Policy & Government Relations
State Attorneys General
Education
University of Maryland (B.A., 1982)
Government and Politics
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 27 Jared B. Rifis
Director, Public Affairs
[email protected]
Washington, D.C.
202.295.4154
Jared Rifis represents clients and their federal policy priorities before Congress and the Administration.

As a member of the firm’s Government Solutions Practice Group, Jared provides analysis and advocacy that advance each client’s public policy goals. He has experience with a wide range of federal and state policy issues and also advises clients on lobbying and PAC compliance.

Prior to joining Foley, Jared served in various roles in Congress, most recently serving as a judiciary and commerce advisor in Senator Harry Reid’s leadership office, where his broad portfolio encompassed matters of technology, telecommunications, gun safety, consumer protection, gaming, patents, and more. During law school, Jared worked in the leadership office of House Speaker Nancy Pelosi, the Judiciary Committee office of Senator Chuck Schumer, the Democratic Congressional Campaign Committee, the think tank Third Way, and the campaign finance reform organization now known as Issue One.

Presentations and Publications
Speaker, “Introduction to Non-Profits,” Jordan’s Guardian Angels 2019 Family Conference (March 30, 2019)
Author, “Water Rights Protection,” Daily Journal (January 9, 2019) Speaker, “Government Relations on the First Anniversary of Trump’s Election,” 2017 Executive Exchange, Chicago, IL (November 7, 2017)
Speaker, “Pathways to Government: Climbing Capitol Hill,” Georgetown Law (October 4, 2017) Speaker, Lunch and Loans panel at Georgetown Law (February 2017) Speaker, Lunch and Loans panel at Georgetown Law (February 2016) EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 28 Sectors
Artificial Intelligence
Blockchain & Digital Assets
Cannabis
Cloud Computing Infrastructure & Solutions
Energy & Infrastructure
Health Tech & Genomics
Innovative Technology
Power & Renewables
Practice Areas
Corporate
Environmental
Environmental, Social, and Governance (ESG)
Federal Public Affairs
Government Enforcement Defense & Investigations
Government Solutions
Public Policy & Government Relations
State Attorneys General
Education
Georgetown University Law Center (J.D., 2014)
Law Dean Scholar’s Award
Best Exam Award in Lawmaking
Received “Exceptional” honors for completing over 175 hours of pro bono services Butler University (B.A., cum laude, 2010)
Political science and Spanish
Outstanding Senior Political Science Award for graduating with the top scholastic record Admissions
District of Columbia
U.S. Supreme Court
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Foley & Lardner LLP Prepared for City of Mountain House | 29 Kate M. Kros
Senior Public Affairs Advisor
[email protected] Washington, D.C.
202.295.4063
Kate M. Kros is a senior public affairs advisor with Foley & Lardner LLP’s Government Solutions Practice Group and brings over 15 years of experience in grassroots advocacy, federal policy and strategic communications to her work advising clients. In her role, Kate develops and deploys advocacy strategies, leveraging bipartisan connections on and off Capitol Hill. Among other things, Kate also provides clients with legislative, regulatory, and research-based policy insights, oversees federal and state compliance for the firm and clients, and assists in management of political giving.

Prior to Foley, Kate spent eight years at a consulting firm connecting 80+ non-profit organizations, trade associations, and stakeholders with legislators, training thousands of self-advocates on how to successfully communicate with their members of Congress and executing large-scale advocacy fly-ins in district offices and on Capitol Hill. She scheduled hundreds of bipartisan, bicameral meetings yearly with every member of Congress. Kate is a native of Milwaukee, Wisconsin.

Awards and Recognition
2024 Marquette University Klingler College of Arts and Sciences Young Alumna of the Year Affiliations
Kate serves as the President of the Wisconsin State Society. She is also a member of the Marquette University Klingler College of Arts & Sciences Leadership Council, an advisory board run by the Dean of the College. She is also a Board member of the Wisconsin State Society. From 2016 through 2021, Kate was the President of the Marquette Alumni Club of Washington, D.C., and Northern Virginia, where she represented over 2,000 alumni in the second-largest alumni club operated through Marquette University.

EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 30 Community Involvement
Kate hosted regular events at the Les Aspin Center for Government and engaged alumni through a networking program she created. From 2017 to 2022, Kate was an inaugural member of Marquette’s Young Alumni Leadership Council, where she advocated the needs of young alumni to the university. Kate continues to volunteer at Catholic Charities regularly and has advocated on their behalf to various stakeholders in the community.

Presentations and Publications
Panelist, “Policy Perspectives for Foster Care Awareness Month,” National Foster Youth Institute (June 8, 2023)
Guest Lecturer: Professional Communications, The George Washington University (March 21, 2023) Guest Speaker: AP U.S. Government, Skutt Catholic High School (November 22, 2022) Guest Lecturer: Honors American Politics, Marquette University College of Arts & Sciences (November 14, 2022)
Presenter: “Arts & Sciences Influentials,” hosted by Dr. Heidi Bostic, Dean, Marquette University Klingler College of Arts and Sciences (December 8, 2021) Presenter, “Beyond MU: CIRCLES – Recent Grads Cohort,” Marquette University Alumni & Friends (September 22, 2020)
Presenter, “Lobbying During Lockdown- Federal Advocacy During COVID-19,” National Water Resources Association (May 28, 2020)
Sectors
Health Care & Life Sciences
Innovative Technology
Manufacturing
Medical Devices
Payor Provider Convergence
Pharmaceuticals
Providers of Health Care Services
Racial Justice & Equity
Practice Areas
Environmental
Federal Public Affairs
Government Solutions
EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 31 Public Policy & Government Relations
Education
Marquette University (B.A., 2011)
Political Science
French
Georgetown University (Graduate Certificate, 2015)
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Foley & Lardner LLP Prepared for City of Mountain House | 32 Ian Hopkins
Public Affairs Advisor
[email protected] Washington, D.C.
202.295.4023
Ian Hopkins supports Foley’s Government Solutions Practice Group in the firm’s Washington, D.C. office as a Public Affairs Advisor.

Prior to joining Foley, he was a legislative intern for the Office of Representative Gabe Amo, where he developed comprehensive research memos on foreign affairs, climate change, health care, and more. His previous experience also includes working as a legislative intern for the Office of Senator Jack Reed and as a junior fellow at the Middle East Policy Council.

Practice Areas
Federal Public Affairs
Government Solutions
Public Policy & Government Relations
Education
The Catholic University of America (B.A., 2024)
Politics
Minors: Peace and World Order Studies, Islamic World Studies EXHIBIT 1 7.4
Foley & Lardner LLP Prepared for City of Mountain House | 33 Appendix B:

Additional Work
Experience – Current
Lobbying Clients
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Foley & Lardner LLP Prepared for City of Mountain House | 41 Appendix C:

Requested Documents
EXHIBIT 1 7.4
To validate the authenticity of this certificate
Visit this web address: https://apps.dfi.wi.gov/apps/ccs/verify/ Enter this code:

EXHIBIT 1 7.4

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Compensation Schedule. Based on Foley’s work similar in scope for other California-based clients, and based on The City of Mountain House’s needs, we would normally propose a monthly retainer fee arrangement of $20,000. However, due to the present relationship we have with The City and the economy of scale of how this engagement fits in with the work we are doing with BBID, we are willing to offer you a continuation of our fee of $10,000 per month for the period of this RFP request. This fee is inclusive of all administrative, overhead, payroll, and similar charges, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance, and other ordinary business expenses.

The firm bills for its out-of-pocket expenses at cost and does not markup expenses on a cost-plus or similar basis. All attorney travel will be reviewed with the City prior to and in accordance with guidelines set forth in the City’s engagement terms and conditions.

Our monthly fee reflects the scope of work outlined in the RFP. If the scope of our engagement changes later, we will negotiate a budget with the City at that time.

Reimbursable Expenses. Reimbursable expenses for Consultants working for City of Mountain House shall follow the guidelines outlined below. An invoice and receipts, outlining travel expenses, shall be submitted to City of Mountain House after the travel has occurred.

EXPENSE TYPE REIMBURSEMENT POLICIES RECEIPT REQUIRED
Airfare Actual cost of the least expensive
class available. Business class and
first class are not reimbursable.

Yes
Airline Baggage Fees Actual expense. Yes
Rental Car Reimbursement for rental cars
will be for a standard size car or
smaller and will be reimbursed
for the actual expense.

Yes
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Airport Shuttle Actual expense, including gratuity. Yes Taxi Actual expense, including gratuity. Yes
Meals & Incidentals Actual expense, including gratuity.

Itemized receipts must be included
for reimbursement. No alcohol.

Other incidentals per itemized receipt.

Yes
Hotel Lodging obtained will be reasonable
and in line with the moderate priced
hotels for the area. Reimbursement
will be only for room charge, taxes,
and parking (if applicable).

Itemized receipts must be included
for reimbursement.

Yes
Privately Owned Vehicle
Mileage Rate
IRS allowable rate for the current
year.

No
Office Incidentals Actual expense.

Copies/printing, courier/express
delivery fees, phone calls.

Yes
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1 | P a g e

FEDERAL LEGISLATIVE AND FUNDING

ADVOCACY SERVICES
RFP PW2501

REQUEST FOR PROPOSALS
Proposals must be submitted to the City of Mountain House by:
3:00 p.m. Pacific Standard Time on Monday, May 19, 2025 The City of Mountain House will reject any proposals received after the date and time noted above.

Proposals will be evaluated by the Selection Committee for review following the criteria set forth within this RFP.

INQUIRIES REGARDING THIS RFP: Do not contact City personnel other than the person(s) indicated below. If needed, please send a single email inquiry if there are multiple questions concerning the scope of professional services required.

Karen Morgan, Utility Manager: [email protected] | (209) 831-2300 EXHIBIT 1 7.4
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HOW TO RESPOND TO THIS RFP: To appropriately respond to this RFP, please submit four hard copies and one digital copy of the proposal to the following address:

City of Mountain House Town Hall
Attn: Karen Morgan, Utility Manager
251 E. Main St.

Mountain House CA. 95391
Submit electronic copy to Karen Morgan at [email protected] DUE DATE: This proposal is due May 19, 2025. Proposers are solely responsible for ensuring timely receipt of proposals and responses received after the due date will not be considered.

Postmark date will not constitute timely delivery. The proposal must arrive at the address noted above before 5:00 p.m. Pacific Time on the closing date listed below.

The RFP timeline for selection is as follows:

Distribution of RFP May 5, 2025
Due date for response to RFP May 19, 2025
Complete Evaluation of Proposals May 28, 2024
Interviews, if needed (tentative) June 6-8, 2025
City Council Consideration/Approval (tentative) June 25, 2025 Agreement Effective Date July 1, 2025
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CONTENTS
1 BACKGROUND ...................................................................................................................................................... 4 2 GENERAL INFORMATION ...................................................................................................................................... 5 3 SCOPE OF SERVICES .............................................................................................................................................. 5 4 CITY’S OBJECTIVES ................................................................................................................................................ 8 5 SUBMISSION REQUIREMENTS .............................................................................................................................. 8 6 ATTACHMENTS TO THIS RFP ............................................................................................................................... 11 EXHIBIT 1 7.4
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1 BACKGROUND
City of Mountain House is an all-inclusive, family-oriented community that serves today's vibrant and exhilarating lifestyle. Mountain House is a Master Planned community located in San Joaquin County. The population of Mountain House is approximately 28,000, with an ultimate planned buildout of 44,000.

The government agency of Mountain House was formed in 1996. The Mountain House community reached 1,000 registered voters, which prompted a vote for independence in the Spring of 2008 and an independent local Board of Directors in the Fall of 2008. The MHCSD Board of Directors set policies, ordinances, and regulations to benefit Mountain House residents. The MHCSD Board of Directors appointed the MHCSD General Manager.

The General Manager was responsible for administering all government activities for the Mountain House community and appoints the Department heads. The MHCSD is one of the few public agencies that enforce Master Restrictions, similar to Conditions, Covenants & Restrictions (CC&Rs).

In unincorporated areas, basic services like water, sewer, security, and fire protection are usually provided by the county. Because counties often consist of large and diverse geographical areas, providing a consistent and adequate service level across all areas can be difficult. Consequently, the Community Services District Law (Government Code §61000- 61850) was created to provide an alternate method of providing services in unincorporated areas. The law allows residents of an unincorporated area to initiate the formation of a community services district (also referred to as “CSD”). A CSD is authorized to provide a wide variety of services, including water, garbage collection, wastewater management, security, fire protection, public recreation, street lighting, mosquito abatement, conversion of overhead utilities to underground, library services, ambulance services, and graffiti abatement. A CSD may span unincorporated areas of multiple cities and/or counties. A CSD may issue bonds or form an improvement district to issue bonds, as any City or County might do. Any bond issuance or other long-term debt will require a 2/3rds majority approval of registered voters residing within the CSD. Mountain House successfully transitioned from a Community Service District to an incorporated city on July 1, 2024.

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2 GENERAL INFORMATION
The City of Mountain House is seeking an experienced professional to provide services in the following areas:
1) Legislative Consultation
2) Legislative Advocacy
3) Funding Advocacy
The City seeks to develop a new legislative platform prior to the start of the 2025 state legislative session. In tandem with this objective, the City is seeking legislative consulting and advocacy services in an effort to maintain and increase presence and influence on federal issues.

For consultation and advocacy services, expertise is sought in sound knowledge of public policy, clear understanding of the legislative process, solid political networks, knowledge of key agency programs and staff, familiarity with current federal issues, and effective communication skills. There must be demonstrated experience in bipartisan relationships with a network of access to legislators, administrative and relevant agency staff, and representatives at the state and federal levels.

For funding advocacy, expertise and a solid track record is sought in the ability to successfully identify grant opportunities, advise City staff in the preparation of applications, and secure funding. Additionally, experience in bipartisan relationships with a network of access to legislators, administrative and relevant agency staff and representatives at the state and federal level should be demonstrated through reference. 3 SCOPE OF SERVICES
Legislative Program Consultation
Advise the City in the development of an annual state and federal legislative platform and program
Meet with stakeholders to develop legislative platform
Provide a recommended government relations strategy
Provide recommendations for legislative priorities based on opportunities and threats to the City
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Advise the City in the identification of an annual state and federal funding strategy and list of funding priorities
Legislative Advocacy
Represent the City in Washington, DC
Coordinate and execute the City's annual state and federal legislative program Coordinate and implement the government relations strategy in Washington, DC Provide monthly reports outlining progress toward the established legislative priorities and other emerging activities, developments and opportunities Maintain a positive working relationship with the City’s state and federal delegation and staff, legislative committees, the executive branch and other government officials and facilitate communication with legislative and other governmental officials for the purpose of influencing legislation or administrative action Review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other developments for any items that may impact the City’s policies, programs or initiatives Maintain an overview of legislative and agency activities and upon request secure and provide detailed information on specific federal issues Provide regular reports on key issues and legislative activity and upon request provide written status reports on projects and activities
Prepare letters of support and opposition for state and federal legislators, legislative committees, state and federal agencies, the executive branch and other key stakeholders; disseminate letters of support and opposition Advise the City and prepare testimony to be presented to legislative committees and administrative agencies and arrange for appointments and accommodations as necessary
Contact state and federal agencies on the City’s behalf when applications are under consideration and take other steps to facilitate the most favorable consideration of applications
Facilitate any other communication and necessary meetings as needed with federal legislators, identified executive agency officials and other staff or officials EXHIBIT 1 7.4
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Coordinate, in consultation with the City, with the legislative efforts of partner organizations and associations
Coordinate regular meetings for City Council representatives and City staff with federal elected officials and agency representatives.

Funding Advocacy and Assistance
Coordinate and execute the City's state and federal funding strategy and pursue listed funding priorities
Advise and assist in the preparation of federal appropriations requests and submit on behalf of the City in accordance with Congressional deadlines Advise City on other funding activities and opportunities determined to be of significance to the City
Pursue funding through federal budgeting process, federal agency budgeting process, federal agency grant programs and other public sector sources for the development, enhancement, and/or expansion of projects and programs for the City Monitor and maintain an overview of legislative and executive agency activities affecting the City’s funding needs and opportunities including opportunities to fund special projects
Review, comment on, and advise City staff in the development and execution of appropriate documents, proposals, grants, or other funding application requirements Register on behalf of the City with necessary federal officers and agencies, and comply with all reporting requirements mandated by the Lobbying Disclosure Act, and any other legal requirements
Note: The City is not specifically seeking grant writing services through the issuance of this RFP. However, if your firm provides grant writing services, you may choose to include relevant information and associated costs for those services within the proposal. The proposal and fee structure for grant writing services should be presented in a distinct manner from the fees for legislative advocacy services.

Acceptable proposals will allow the City to contract for legislative advocacy services only and allow the City to choose whether to “add” grant writing services to the agreement. A proposal that requires the City to contract for grant writing services in order to receive legislative advocacy services will not be considered responsive to this RFP process.

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4-TIMEFRAME AND BUDGET
The estimated time frame to have the RFP process completed and a contract in place is as follows:

Distribution of RFP May 5, 2025
Due date for response to RFP May 19, 2025
Complete Evaluation of Proposals May 28, 2025
Interviews, if needed (tentative) June 6-8, 2025
City Council Consideration/Approval (tentative) June 25, 2025 Agreement Effective Date July 1, 2025
4 CITY’S OBJECTIVES
Advocate in Washington, DC to accurately and persuasively present the position of the City
Establish relationships with key legislators and staff
Provide early details on emerging issues
Share knowledge of trade-offs impacting legislative framing and funding Target funding allocations and grant applications
5 SUBMISSION REQUIREMENTS
1) Executive Summary (1 page)
Cover letter on company letterhead addressing City’s requirements and consultant’s qualification to perform this work.

Overview of the firm: how long has the firm been in business, size of the firm, the average number of clients within the firms’ portfolio, the type(s) of clients within the firm’s portfolio and firm’s primary areas(s) of expertise.

The letter should be signed by an officer of the firm authorized to bind the firm to all comments made in the response, and shall include the name, address, phone number and e-mail address of the person(s) to contact who will be authorized to represent your firm.
2) Qualifications (1-5 pages)
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Describe the firm’s experience with the state and federal legislative process and funding acquisition. Describe specifically experience representing clients with similarities to Mountain House including size, demographics, geography, tourism, and legislative issues.

Describe the qualifications of the lead person(s) that will serve as the primary contact for the City.
(1) Include tenure with the firm and years of experience in the field (2) Include comparable cities the lead represents and the length of the relationship with those clients
(3) Provide examples of the leads, successes or major accomplishments for municipal clients
List the staff that will directly support the lead contact for the City and their qualifications.

Provide examples of the firm’s successes or major accomplishments in advocating/lobbying for municipalities including legislation, programs, projects or funding awards that have been forwarded through the legislature and/or relevant agencies.

Provide specific successes and identify key staff or partners with expertise and professional relationships in each of the following areas that are critical to City advocacy:
(1) Funding advocacy for transportation projects and accessibility improvements with CalTrans, the California Transportation Committee, and the US Department of Transportation
(2) Advocacy for economic development programs and funding including broadband deployment
(3) Advocacy for community development programs and funding including housing and homelessness
(4) Funding advocacy for public safety initiatives, personnel, and equipment (5) Funding advocacy for emergency management initiatives (6) Advocacy for community services funding related to library services, trails, parks, recreation programs and open space
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(7) Advocacy for water policy and water rights as well as funding for water related infrastructure and conservation
(8) Advocacy for stormwater and wastewater regulations, permitting and capital funding
3) Approach (1-2 pages)
Describe the firm’s acumen in understanding and successfully navigating the political and legislative environment, including the firm’s demonstrated success in working with various individuals and organizations on legislative issues and the ability to quickly identify and analyze legislation and other political trends.

Provide a brief summary of the steps the firm would take to assist the City's in meeting its legislative objectives including a description of the firms experience in assisting municipalities in developing and executing legislative platforms.

Highlight innovative ideas your firm may have to provide these services and explain why your approach is advantageous to the City.

Provide examples of regular reporting formats offered to other clients.

Describe how the firm addresses potential conflicts between clients. 4) Capacity and Stability of Firm (1 page)
Provide an overview of organizational structure, ownership, configuration, and capitalization of your firm.

Provide background information including your firm’s location, hours of office, length of time in business, and number of full-time personnel.

Provide a full and detailed presentation of the true condition of the proponent’s assets, liabilities and net worth. The report should include a balance sheet and income statement. If the proponent is a new partnership or joint venture, individual financial statement must be submitted for each general partner or joint venture thereof. If firm is a publicly held corporation, the most current annual report should be submitted.

Any proponent who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the proponent under federal bankruptcy law or any federal insolvency, may be declared non-responsive.

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5) Client References (1 page)
List of current clients and past clients of similar nature Five references with whom you have done business in the past five years, including name, title, telephone number and email address A listing of all matters in which the firm or any of its lobbyists or attorneys have represented a party or client adverse to the City within the last five years 6) Costs associated with the summary of Proposed Plan (1 page) Provide detailed fee structure for a two-year term on a page entitled "Consultant’s Fee Schedule" under separate cover.

Indicate monthly retainer and estimated travel expenses; if fee is “all inclusive”, indicate if the fee includes travel and for how many visits or any restrictions or caveats (such as a limit on the number of issues included as part of the platform, etc.) associated with the fee.

Finalist’s fee structure may be subject to negotiation
Firm’s ability to finalize and enter into a contract with the City for a term to commence July 1, 2025, including the firm’s ability to devote resources to the full representation of the City. Proposal shall provide the name, title, address, telephone number, email address and signature of the individual(s) with the authority to bind the firm to a contract and expressly state and federal the proposal is valid for 60 days; and
The City has no obligation to award a contract based on the submittal of an RFP. 7) Sample Letter of Correspondence (1 page)
Please submit a sample letter of correspondence taking a position on a legislative issue
6 ATTACHMENTS TO THIS RFP
Attachment A: Sample Professional Services Agreement
EXHIBIT 1 7.4

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule. Multi-Year Term Base Fee
(10k/Month)
Travel
(As needed)
Total
Amount
Fiscal Year 2025-26 (10 Months) 100,000 7,000 $107,000
Fiscal Year 2026-27 120,000 8,000 $128,000
Fiscal Year 2027-28 120,000 8,000 $128,000
Subtotal 340,000 23,000 $363,000
2) Reimbursable Expenses. Reimbursable expenses for Consultants working for City of Mountain House shall follow the guidelines outlined below. An invoice and receipts, outlining travel expenses, shall be submitted to City of Mountain House after the travel has occurred.

Expense Type Reimbursement Policies Receipt Required
Airfare Actual cost of the least expensive class available.

Business class and first class are not reimbursable.

Yes
Airline Baggage Fees Actual expense. Yes
Rental Car Reimbursement for rental cars will be for a
standard size car or smaller and will be
reimbursed for the actual expense.

Yes
Airport Shuttle Actual expense, including gratuity. Yes Taxi Actual expense, including gratuity. Yes
Meals & Incidentals Actual expense, including gratuity. Itemized receipts must be included for reimbursement. No
alcohol.

Other incidentals per itemized receipt.

Yes
Hotel Lodging obtained will be reasonable and in line
with the moderate priced hotels for the area.

Reimbursement will be only for room charge,
taxes, and parking (if applicable).

Itemized receipts must be included for
reimbursement.

Yes
Privately Owned Vehicle
Mileage Rate
IRS allowable rate for the current year. No
Office Incidentals Actual expense.

Copies/printing, courier/express delivery fees,
phone calls.

Yes
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EXHIBIT C

INSURANCE REQUIREMENTS
3) Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

TYPE OF INSURANCE MINIMUM LIMITS
Commercial General Liability
Premises Liability; Products and
Completed Operations; Contractual
Liability; Personal Injury and Advertising
Liability
$1,000,000 per occurrence;
Bodily Injury and Property Damage
$2,000,000 in the aggregate; Commercial
general coverage shall be at least as broad as
Insurance Services Office Commercial General
Liability occurrence form CG 0001 (most recent
edition) covering comprehensive General
Liability on an “occurrence” basis
Commercial or Business Automobile
Liability
All owned vehicles, hired or leased
vehicles, non-owned, borrowed and
permissive uses. Personal Automobile
Liability is acceptable for individual
Consultants with no transportation or
hauling related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and Property Damage.

Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability
form CA 0001 (most recent edition), Code 1 (any
auto). No endorsement shall be attached limiting
the coverage.

Workers’ Compensation (WC) and
Employers Liability (EL)
Required for all Consultants with
employees
WC: Statutory Limits
EL: $100,000 per accident for bodily injury or
disease. Consultant 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. The insurer shall waive all rights of
subrogation against City of Mountain House and
its officers, officials, employees, and volunteers
for loss arising from Work performed under this
Agreement
Professional Liability/Errors &
Omissions
Required for all Consultants performing
services with licensed professionals.

Includes endorsements of contractual
liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
EXHIBIT 1 7.4
4) Additional requirements. Term. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following the conclusion of Consultant’s Work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. b) Additional Insured. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Mountain House, its Board of Directors, and all City of Mountain House officers, agents, employees, volunteers and representatives.
c) Primary Insurance. For any claims related to this Agreement or the Work hereunder, the Consultant’s Commercial General Liability and Commercial or Business Automobile Liability insurance covered shall be primary insurance as respects City of Mountain House, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City of Mountain House, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
. d) Certificates of Insurance. Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, to City of Mountain House, evidencing that all required insurance coverage is in effect. City of Mountain House reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies. e) Sub-Consultants. Consultant shall include all sub-Consultants as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each sub-Consultant. All coverages for sub-Consultants shall be subject to all of the requirements stated herein.
f) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i) The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after conclusion of Consultant’s Work under this Agreement, so long as commercially available at reasonable rates. iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after conclusion of Consultant’s Work under this Agreement.
iv) DELETED.

EXHIBIT 1 7.4
5) All Policies Requirements. a) Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII or Fitch rating of no less than A-.

Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, Consultant’s insurance shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b) Deductibles and Self-Insured Retentions. Consultant shall disclose the self-insured retentions and deductibles before beginning any of the Work called for by any term of this Agreement. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or Consultant may require from vendor by virtue of the payment of any loss with respect to its Commercial General Liability, Commercial or Business Automobile Liability, and Employer’s Liability / Worker’s Compensation policies. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all Work performed by Consultant, its employees, agents, and sub-Consultants. 6) Remedies. In addition to any other remedies City of Mountain House may have if Consultant fails to provide or maintain any insurance policies or policy endorsements required under this Exhibit C to the extent and within the time herein required, City of Mountain House may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City of Mountain House may have and are not the exclusive remedy for Consultant’s breach:
a) Order Consultant to stop work under this Agreement and/or b) Terminate this Agreement.

EXHIBIT 1 7.4
TITLE: Adoption of an Ordinance Regulating the Parking of Oversized Vehicles, Recreational Vehicles, Boats, and Trailers
MEETING DATE: September 25, 2025
PREPARED BY: Roger Alvarez, Community Preservation Officer John Bakker, City Attorney

RECOMMENDATION
Staff recommends that the City Council conduct the second reading and adopt an ordinance:

1. Adding Section 509 to Chapter 5 of Division 2 of Title 10 of the Mountain House Municipal Code to regulate the parking of oversized vehicles, recreational vehicles, boats, and trailers; and amending Section 705 of Chapter 7 of Division 2 of Title 10 related to trailer parking, as set forth in the attached ordinance.

Staff further recommends that the City Council adopt a resolution:

2. Amending the Bail Schedule to incorporate penalties associated with violations of the ordinance.

BACKGROUND
The City of Mountain House incorporated on July 1, 2024. As its first official act, the City Council adopted an ordinance to ensure all San Joaquin County and Community Services District ordinances then in effect would continue as City ordinances for 120 days. While most ordinances transitioned smoothly, the ordinance regulating oversized vehicle parking was not included in the initial update.

Since incorporation, oversized and recreational vehicle parking has continued to be one of the most common complaints submitted by residents through the City’s GORequest system. To address this, staff has worked with the City Attorney’s Office and public safety officials to prepare an ordinance regulating oversized and recreational vehicle parking on City streets.

Staff presented the recommended ordinance for first reading at the September 10, 2025 City Council meeting, where it was approved unanimously.

DISCUSSION
The proposed ordinance establishes clear rules regarding the parking of oversized vehicles, recreational vehicles, boats, and trailers on City streets. The ordinance defines the following categories of vehicles

7.5 collectively as “Prohibited Vehicles”: Oversized Vehicles, Recreational Vehicles, Boats, Boat Trailers, Campers, and Trailers.

General Prohibition & Permit System
The ordinance prohibits the parking of Prohibited Vehicles on City streets except under limited circumstances. A temporary permit process, administered by the City Manager or their designee, allows residents to park a Prohibited Vehicle on the street abutting their residence for up to 24 hours to accommodate loading, unloading, or preparation. Highlights include:
· No more than two permits may be issued at the same address in a seven-day period. · Permits may be revoked for violations, and future applications may be denied.

Amendment to Trailer Parking Regulations
The ordinance also amends Section 705 of the Municipal Code:
· Reduces the maximum allowance for disabled trailers parked on public streets from 24 hours to 8 hours.
· Clarifies that recreational trailers may be parked for up to 24 hours for cleaning, loading, and unloading.

Exemptions
The ordinance provides reasonable exemptions, including:
· Service vehicles providing property-related services. · Emergency repairs or waiting for a tow operator (up to 8 hours). · Emergency vehicles responding to an incident.
· Wheelchair-accessible vans displaying a valid Disabled Person Placard or Plate.

Policy Rationale
Restricting oversized vehicles on City streets will:
· Improve public safety by reducing visibility hazards for drivers, pedestrians, and cyclists. · Protect neighborhood livability by addressing frequent resident complaints. · Reduce noise and air pollution.
· Prevent road damage from oversized, heavy vehicles on streets not designed for such use.

Enforcement and Bail Schedule
To support implementation, the ordinance is paired with an amendment to the City’s Bail Schedule, which establishes fines for violations. Under the proposed amendment, violations of Section 509 (Oversized and Recreational Vehicles, Boats and Trailers Parking Prohibited on City Streets) and Section 705 (Trailer Parking Prohibited on City Streets) will carry escalating penalties:
· 1st Offense: $100
· 2nd Offense: $200
· 3rd and subsequent offenses: $300
These fines are consistent with the City’s approach to enforcing other parking restrictions and provide an effective deterrent while allowing for a graduated penalty structure.

7.5 FISCAL IMPACT
Minimal staff time will be required to administer the permit program, and signage may be needed to provide notice of the prohibition. These costs can be absorbed within existing budgeted resources.

STRATEGIC PLAN
This item supports the City’s Strategic Plan adopted April 9, 2025, by:
• Enhancing Public Safety – Reducing hazards caused by oversized vehicle parking. • Supporting Neighborhood Livability – Maintaining uncluttered, accessible residential streets. • Strengthening Community Engagement – Responding to concerns raised by residents.

CEQA
Not applicable. The recommended actions are not considered a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA Guidelines, as they involve administrative activities related to parking regulations that will not result in a direct or reasonably foreseeable physical change in the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
If approved, staff will:
• Prepare an outreach and education campaign to inform residents of the new regulations. • Establish permit issuance procedures.
• Begin enforcement after an initial education and warning period.

ATTACHMENTS
A. Ordinance Amending Code Related to Parking of Prohibited Vehicles • Exhibit 1 – Code Amendments
B. Proposed Resolution
• Exhibit 1 – Amended Bail Schedule

CITY OF MOUNTAIN HOUSE
ORDINANCE NO. 2025-XX
AN ORDINANCE AMENDING CHAPTER 5 OF DIVISION 2 OF TITLE 10 OF THE

MOUNTAIN HOUSE MUNICIPAL CODE RELATED TO PARKING OF OVERSIZED

VEHICLES AND RECREATIONAL VEHICLES, BOATS AND TRAILERS AND AMENDING SECTION 705 OF CHAPTER 7 OF DIVISION 2 OF TITLE 10 RELATED

TO TRAILER PARKING
WHEREAS, Vehicle Code Section 22507 authorizes the City of Mountain House to regulate parking on vehicles on City streets; and
WHEREAS, street parking is in short supply in Mountain House; and WHEREAS, oversized vehicles, recreational vehicles, boats and trailers utilize valuable parking spaces on City streets and can impact traffic safety; and WHEREAS, oversized vehicles parked on City streets make it difficult for drivers to see other vehicles, bicyclists, and pedestrians; and
WHEREAS, the City Council of the City of Mountain House desires to make certain amendments to the Mountain House Municipal Code to regulate parking of oversized and recreational vehicles, boats and trailers on City streets.

NOW THEREFORE, the City Council of the City of Mountain House does ordain as follows:

SECTION 1. Amendment of Chapter 5 of Division 2 of Title 10. A new Section 509 of Chapter 5 of Division 2 of Title 10 of Mountain House Municipal Code is hereby added to read as set forth in the attached Exhibit 1.

SECTION 2. Amendment of Section 705 of Chapter 7 of Division 2 of Title 10.

Section 705 of Chapter 7 of Division 2 of Title 10 is amended as follows (additions in double underline, deletions in strike-through):
10-2-705 – Trailer Parking Prohibition.

A person shall not park any trailer or semi-trailer upon any highway, street, alley, public way or public place except on designated truck routes and then only if the trailer or semiATTACHMENT A 7.5 trailer is attached to a vehicle capable of moving the trailer or semi-trailer in a normal manner upon the street. This Section shall not apply to trailers or semi-trailers in the process of being loaded or unloaded, nor shall it apply to any trailer or semi-trailer which is disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled trailer or semi-trailer on that portion of the highway, street, alley, public way or public place ordinarily used for vehicular parking. A disabled trailer or semi-trailer shall not be temporarily parked along a public right-of-way for more than twenty-four (24) eight (8) hours. A trailer used for recreational purposes may be parked on a public street for up to twenty-four (24) hours to allow for cleaning, loading and unloading.

SECTION 3. Effective Date. This Ordinance shall take effect thirty days after its passage.

SECTION 4. Publication and Posting. The City Clerk shall comply with Government Code section 36933’s publication and posting requirements.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

PASSED AND ADOPTED by the City Council of the City of Mountain House at a regular meeting held on the ___ day of ________, 2025, by the following vote:
_____________________________________

ANDY SU, MAYOR
City of Mountain House
County of San Joaquin, State of
California
ATTEST: MARGARET WIMBERLY
City Clerk of the City of Mountain
House, County of San Joaquin, State of
California
By: ____________________________________
ATTACHMENT A 7.5
EXHIBIT 1
(Additions in double underline, deletions in strike-through):
10-2-509 Oversized and Recreational Vehicles, Boats and Trailers – Parking Prohibited. (a) For purposes of this section the following definitions shall apply:
(1) "Boat" means any vessel suitable for and able to float and travel on water, including by paddle, sail, fans, or motorized jet or propeller. This definition includes but is not limited to: hovercraft, fan boats, motor boats, jet skis, personal water craft, canoes, rowboats, sailboats, submarines and submersibles or any vessel required to be registered by the State of California. (2) “Boat Trailer" means a trailer or similar conveyance designed for the purpose of carrying or transporting a boat or vessel, whether required to be registered with the State of California or not.
(3) "Camper" means a structure on a trailer designed to accommodate persons and equipment, primarily designed and used for "camping." (4) "Oversized Vehicle" means a Vehicle which meets one or more of the following criteria:
(A) Vehicle (including load height, if any) exceeds 7.5 feet; (B) Vehicle (including load width, if any) exceeds 7.5 feet, as measured from the widest portion of the vehicle or load, but not including mirrors;
(C) Vehicle (including load length, if any) exceeds twenty-two (22) feet (in combination with any attached trailers); or
(D) Manufacturer's gross vehicle weight rating exceeds ten thousand (10,000) pounds.
(5) "Recreational Vehicle" shall have the meaning set forth in Health and Safety Code Section 18010.
(6) "Trailer" means a structure or similar conveyance designed to be drawn, carried or towed by a motor vehicle or required to be registered with the State of California.

7.5 (7) “Prohibited Vehicles or Trailer” means a Boat, Boat Trailer, Camper, Oversized Vehicle, Recreational Vehicle or Trailer.
(b) It is unlawful for any person to park a Prohibited Vehicle or Trailer on any street except as permitted by this section or as otherwise permitted by this Code. (c) The City Manager or designee, by written permit, may allow the temporary parking of a Prohibited Vehicle or Trailer on a street immediately abutting the permittee's residence upon a finding that the use will not be detrimental to the public health, safety, or welfare, and that the use will not unduly impair parking on the subject street.
(d) The issuance of a permit shall be subject to the following:
(1) The maximum duration of the permit is twenty-four (24) hours. (2) The applicant is a resident of Mountain House.
(3) A permit has not been issued to a permitee at the applicant's residential address within the preceding twenty-four (24) hours.
(4) No more than two permits have been issued to a permitee at the applicant's residential address within the preceding seven (7) days. (5) The applicant has paid a permit fee as established by the City Manager or designee.
(6) The applicant has agreed to comply with the terms of the permit, which shall be established by the City Manager or designee in conformance with this section.
(e) Any permit granted hereunder is subject to revocation at any time by the City Manager or designee upon a finding that there has been a violation of a condition of the permit or that revocation is warranted to protect public health or safety. (f) The City Manager or designee may refuse to issue a permit upon a finding that the permit applicant has violated a condition of a prior-issued permit.

EXHIBIT 1 7.5
(g) Exceptions. This section shall not prohibit the parking of oversized vehicles or recreational vehicles on public streets for any of the following activities:
(1) Provision of services to a property in the vicinity; (2) Emergency repairs or waiting for a tow operator for no longer than eight hours;
(3) Response to an emergency by any emergency vehicle as defined by Vehicle Code section 165.
(4) The vehicle is a wheelchair-accessible van displaying a valid Disabled Person Parking Placard or Plate.
(h) The City Manager or designee, shall place signage within the City sufficient to give adequate notice of this prohibition.

EXHIBIT 1 7.5

ATTACHMENT B
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AMENDING

THE BAIL SCHEDULE TO INCLUDE ENFORCEMENT PENALTIES FOR VIOLATIONS OF MUNICIPAL CODE SECTION 10-2-509 PROHIBITING PARKING OF OVERSIZED AND

RECREATIONAL VEHICLES, BOATS AND TRAILERS ON CITY STREETS WHEREAS, on the May 14, 2025 by Resolution No. 2025-21 the City Council of the City of Mountain House adopted a Bail Schedule imposing penalties for violations of certain provisions of the Municipal Code; and
WHEREAS, the City has adopted Ordinance No. 2025-05 to add a new section 509 to Chapter 5 of Division 2 of Title 10 of the Mountain House Municipal Code to prohibit the parking of oversized and recreational vehicles, boats and trailers on City streets; and WHEREAS, in order to implement the enforcement of these provisions, it is necessary to amend the Bail Schedule to include penalties for violations of Municipal Code section 10-2-509.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Mountain House hereby:

1. Approves the amended Bail Schedule attached hereto as Exhibit “1”.

2. Rescinds the Bail Schedule adopted by Resolution No. 2025-21 in its entirety as of the Effective Date of this Resolution. The Administrative Cost Recovery Schedule adopted by Resolution No. 2025-21 shall remain in full force and effect.

3. Directs that a certified copy of this Resolution be submitted to the San Joaquin Superior Court for use in processing citations issued for violations of the City of Mountain House Municipal Code.

4. Sets the Effective Date of this Resolution as 30 days from the date of passage.

PASSED AND ADOPTED by the City Council of the City of Mountain House at a regular meeting held on the ___ day of ________, 2025, by the following vote:

CITY OF MOUNTAIN HOUSE

BAIL SCHEDULE
Municipal Code Parking Violation Description Fine Amount Late Penalty Date Late Penalty Amount 10-2-402(a) NO PARKING (POSTED) $55 Notice Date + 21 days $70.00 10-2-402(b) PARKED OVER 72 CONSECUTIVE HOURS $55 Notice Date + 21 days $70.00 10-2-403(a)(1) NO PARKING ON ROADWAY FOR SALE AS BUSINESS $55 Notice Date + 21 days $70.00 10-2-403(a)(2) NO PARKING ON ROADWAY FOR WASHING OR REPAIRS $55 Notice Date + 21 days $70.00 10-2-403(b) NO PARKING ON ROADWAY FOR HIRE OR SOLICIT OF BUSINESS $55 Notice Date + 21 days $70.00 10-2-404 PARKED 18" OVER CURB / FACING WRONG DIRECTION $55 Notice Date + 21 days $70.00 10-2-405(b) ANGLE PARKING / PARK WITHIN MARKINGS $55 Notice Date + 21 days $70.00 10-2-406 NO PARKING ADJACENT TO SCHOOLS WHEN INDICATED $55 Notice Date + 21 days $70.00 10-2-407(a) NO PARKING IN ALLEYS $55 Notice Date + 21 days $70.00 10-2-408 NO PARKING, STANDING OF FOOD VEHICLES ON ROADWAY $100 Notice Date + 21 days $130.00 10-2-409 ROAD CLOSURES NO PARKING (POSTED) $100 Notice Date + 21 days $55.00 10-2-409.1 DISPLAY OF WARNING DEVICES FOR DISABLED COMMERCIAL VEHICLE $55 Notice Date + 21 days $70.00 10-2-409.2 PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION $105 Notice Date + 21 days $130.00 10-2-409.3 LOCKING IGNITION REQUIRED $55 Notice Date + 21 days $70.00 10-2-500 NO PARKING SPECIFIED TIMES $55 Notice Date + 21 days $70.00 10-2-502 PARKING SPACE MARKINGS- PARKING WITHIN REQUIRED $55 Notice Date + 21 days $70.00 10-2-503 LIMITED PARKING ZONES $55 Notice Date + 21 days $70.00 10-2-505 POSTED NO PARKING ON CITY PROPERTY $105 Notice Date + 21 days $130.00 10-2-508(a)(1) NO PARKING- CURB MARKINGS (RED) $55 Notice Date + 21 days $70.00 10-2-508(a)(2) NO PARKING- CURB MARKINGS (YELLOW) $55 Notice Date + 21 days $70.00 10-2-508(a)(3) NO PARKING- CURB MARKINGS (WHITE) $55 Notice Date + 21 days $70.00 10-2-508(a)(4) NO PARKING- CURB MARKINGS (GREEN) $55 Notice Date + 21 days $70.00 10-2-508(a)(5) NO PARKING- CURB MARKINGS (BLUE) $285 Notice Date + 21 days $370.00 10-2-509

OVERSIZED AND RECREATIONAL VEHICLES, BOATS AND TRAILERS PARKING

PROHIBITED ON CITY STREETS
1st Offense $100 / 2nd Offense $200 /
3rd+ Offense $300 Notice Date + 21 days $130.00
10-2-702 TRUCKS PROHIBITED OFF DESIGNATED TRUCK ROUTES- OVER 5 TONS $100 Notice Date + 21 days $130.00 10-2-704 COMMERCIAL VEHICLE PARKING PROHIBITED ON CITY STREETS 1st Offense $100 / 2nd Offense $200 /
3rd+ Offense $300 Notice Date + 21 days $130.00
10-2-705 TRAILER / SEMI-TRAILER PARKING PROHIBITED ON CITY STREETS 1st Offense $100 / 2nd Offense $200 /
3rd+ Offense $300 Notice Date + 21 days $130.00
Vehicle Code Parking Violation Description Fine Amount Late Penalty Date Late Penalty Amount 21211(B) OBSTRUCTION OF BIKE LANE $55 Notice Date + 21 days $70.00 21970 BLOCKING SIDEWALK $55 Notice Date + 21 days $70.00 22500(A) PARKING WITHIN INTERSECTION $55 Notice Date + 21 days $70.00 22500(B) PARKING IN CROSSWALK $55 Notice Date + 21 days $70.00 22500(C) BETWEEN SAFETY ZONE AND CURB $55 Notice Date + 21 days $70.00 22500(D) W/IN 15 FT FIRE STATION DRIVEWAY $55 Notice Date + 21 days $70.00 22500(E) PARKED BLOCKING DRIVEWAY $55 Notice Date + 21 days $70.00 22500(F) PARKED ON A SIDEWALK $55 Notice Date + 21 days $70.00 22500(G) BY EXCAVATION/TRAFFIC OBSTRUCTED $55 Notice Date + 21 days $70.00 22500(H) DOUBLE PARKED $55 Notice Date + 21 days $70.00 22500(I) PARKED IN A BUS ZONE $55 Notice Date + 21 days $70.00 22500(J) PARKING IN TUBE OR TUNNEL $55 Notice Date + 21 days $70.00 22500(K) PARKING ON A BRIDGE $55 Notice Date + 21 days $70.00 22500(L) BLOCKING MARKED WHEELCHAIR ACCESS $285 Notice Date + 21 days $370.00 22500(N) DAYLIGHTING- PARKED WITHIN 20' OF CROSSWALK APPROACH $55 Notice Date + 21 days $70.00 22500(Z) VEHICLE PARKED IN OPPOSITE DIRECTION $55 Notice Date + 21 days $70.00 22500.1 PARKING, STOPPING IN FIRE LANE $55 Notice Date + 21 days $70.00 22502(A) PARK PARALLEL RT SIDE W/IN 18" OF CURB $55 Notice Date + 21 days $70.00 22507.8(A) NO PARKING DISABLED STALL/DISPLAY $285 Notice Date + 21 days $370.00 22507.8(B) LOCKING DISABLED STALL/NO PARKING $285 Notice Date + 21 days $370.00 22507.8(C) PARKED IN DISABLED ZONE LINES, HASH MARKS/NO PARKING $285 Notice Date + 21 days $370.00 22514 PARKED/FIRE HYDRANT $55 Notice Date + 21 days $70.00 22515(A) UNATTENDED VEHICLE REQUIREMENTS $55 Notice Date + 21 days $70.00 22515(B) UNATTENDED VEHICLE REQUIREMENTS $55 Notice Date + 21 days $70.00 22517 CAR DOOR OPENED ON MOVING TRAFFIC SIDE $55 Notice Date + 21 days $70.00 22521 PARKING WITHIN 7 1/2' OF RAILROAD RAIL $55 Notice Date + 21 days $70.00 22522 PKG WITHIN 3FT OF SIDEWALK ACCESS RAMP 285 Notice Date + 21 days $370.00 22526(A) ENTERING OCCUPIED INTERSECTION $55 Notice Date + 21 days $70.00 22526(B) ENTER OCCUPIED INTERSECTION/CROSSWALK $55 Notice Date + 21 days $130.00 26708(A)(1) WINDOW TINT $55 Notice Date + 21 days $130.00 26710 CRACKED WINDSHIELD $55 Notice Date + 21 days $130.00 4000(a) EXPIRED REGISTRATION $110 Notice Date + 21 days $130.00 4152.5 REGISTRATION OUT OF STATE IN CA $55 Notice Date + 21 days $70.00 5200 DISPLAY OF PLATES $55 Notice Date + 21 days $70.00 5201(d) COVERED / OBSTRUCTED LICENSE PLATE $55 Notice Date + 21 days $70.00 5201.1(c) ALTERED LICENSE PLATE (REFLECTIVE COATING REMOVED) $55 Notice Date + 21 days $70.00 5204(A) DISPLAY OF TABS $55 Notice Date + 21 days $70.00 Adopted by Resolution No. XXXX
Effective Date: XX/XX/2025
EXHIBIT 1

7.5 CITY OF MOUNTAIN HOUSE

BAIL SCHEDULE
ALL CVC SECTIONS NOT LISTED $55 Notice Date + 21 days $70.00 Adopted by Resolution No. XXXX
Effective Date: XX/XX/2025
EXHIBIT 1

7.5 TITLE: Declaration that 627 Square Feet within Zinnia Way is Exempt Surplus Land and Finding that such Declaration is Exempt from Environmental Review under the California Environmental Quality Act
MEETING DATE: September 25, 2025
PREPARED BY: Jodi Almassy, Deputy City Manager

RECOMMENDATION
Staff recommends that the City Council adopt a resolution:

1. Declaring that approximately 627 square feet within Zinnia Way is exempt surplus land pursuant to the Surplus Land Act.

2. Authorizing the filing of Notice of Exemption No. NOE-CD 01-25 under the California Environmental Quality Act (CEQA) for the Declaration of Exempt Surplus Land within Zinnia Way.

3. Authorizing the conveyance of the subject property to Shea Homes Limited Partnership to clear title in connection with the processing of Tract No. 3610.

4. Authorizing the City Manager, or designee, to execute all necessary documents, including the deed, and to take all actions necessary and appropriate to carry out the purpose and intent of this resolution.

BACKGROUND
Shea Homes Limited Partnership (Shea) is processing the Final Map for Tract No. 3610, Mountain House Neighborhood “B,” Unit No. 1, which includes portions of Zinnia Way. The City anticipates that the Final Map will be brought forward for City Council approval at its upcoming October 22 meeting.

Shea’s predecessor-in-interest previously conveyed the anticipated alignment of Zinnia Way within Tract No. 3610 to the City. Unlike typical dedications of roadway right-of-way, which provide the City with longterm use and control for public purposes but not full ownership, this conveyance transferred the land to the City in fee title, making the City the full legal owner of the property.

During the processing of the Final Map, minor adjustments were made to the alignment of Zinnia Way. As a result, a 627+/- square-foot remnant parcel currently held in fee title by the City is no longer needed.

Because the property is not required for any municipal use and its retention would create a cloud on title, staff recommends that the City convey that portion of land to Shea prior to recordation of the Final Map.

8.1 DISCUSSION
The Surplus Land Act (Act) governs how local agencies dispose of property that is determined to be surplus to their needs. The Act also provides exemptions for small parcels and for land exchanges associated with subdivision dedications.

Staff recommends that the City Council declare the subject 627+/- square feet as exempt surplus land because the City has no use for the property and the parcel qualifies for multiple exemptions under the Act. Specifically, the parcel is well below the one-half acre threshold, measuring only 0.0144 acres (approximately 627 square feet), and it is being conveyed back to Shea as part of the dedications required in connection with the Final Map. The Act expressly exempts both small parcels under one-half acre and exchanges tied to subdivision approvals, and this action clearly falls into both categories.

To ensure a clean process, staff also recommends that Council authorize the City Manager to execute all required documents, including the deed, to complete the transfer and eliminate any potential title complications.

FISCAL IMPACT
The property has no independent utility or marketable value to the City. Conveying the property back to Shea avoids the creation of a title cloud and eliminates unnecessary property management obligations.

There is no impact to the General Fund. Staff time associated with processing this action is reimbursed by the developer through an existing Developer Reimbursement Agreement.

STRATEGIC PLAN
This action supports the City Council’s Strategic Plan by:
· Promoting responsible land management practices.
· Supporting efficient development review processes.
· Reducing administrative burden by avoiding unnecessary property management obligations.

CEQA
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).

The declaration and conveyance of the approximately 627 square-foot parcel qualify for exemption pursuant to State CEQA Guidelines Section 15060(c)(3), as the activity does not constitute a “project”

8.1 under CEQA, and Section 15061(b)(3), the “common sense exemption,” as there is no possibility that the declaration or conveyance of this small remnant parcel will have a significant effect on the environment.

Staff has prepared Notice of Exemption No. NOE-CD 01-25 documenting these findings and recommends that the City Council authorize its filing.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Following City Council approval, the City Manager will:
· File Notice of Exemption No. NOE-CD 01-25.
· Forward the adopted resolution to the California Department of Housing and Community Development (HCD) for compliance with Surplus Land Act Guidelines. · Execute all necessary documents, including the deed, to convey the property to Shea Homes Limited Partnership prior to recordation of the Tract No. 3610 Final Map.

ATTACHMENTS
A. Proposed Resolution
· Exhibit 1 – Notice of Exemption No. NOE-CD 01-25
· Exhibit 2 – Deed to Shea Homes Limited Partnership

8.1 ATTACHMENT A

CITY OF MOUNTAIN HOUSE
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE DECLARING THAT APPROXIMATELY 627 SQUARE FEET WITHIN ZINNIA WAY IS EXEMPT SURPLUS LAND, AUTHORIZING THE FILING OF NOTICE OF EXEMPTION NO. NOE-CD 01-25 UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND AUTHORIZING

CONVEYANCE OF THE PROPERTY TO SHEA HOMES LIMITED PARTNERSHIP WHEREAS, the City of Mountain House (“City”) holds in fee title approximately 627 square feet of real property described and depicted in Exhibit 1 to this Resolution (the “Property”); and WHEREAS, Shea Homes Limited Partnership, a California limited partnership (“Shea”), owns real property contiguous to the Property and is processing the Final Map for Tract No. 3610, Mountain House Neighborhood “B,” Unit No. 1 (the “Final Map”), which includes both the Property and adjacent property owned by Shea; and
WHEREAS, the City acquired the Property with the intent that it be part of the future right-ofway for Zinnia Way within Tract No. 3610, Mountain House Neighborhood “B,” Unit No. 1; however, during processing of the Final Map, minor adjustments to the alignment of Zinnia Way resulted in the Property no longer being needed for public use; and
WHEREAS, Shea will dedicate to the City various roadway rights-of-way, including Nipoti Ranch Road and Taube Street, as part of Tract No. 3610, Mountain House Neighborhood “B,” Unit No. 1, and conveyance of the Property to Shea will effectuate the realignment of Zinnia Way and clear title for subdivision approvals; and
WHEREAS, the Surplus Land Act, Government Code § 54220 et seq. (the “Act”), applies when a local agency disposes of land owned in fee that is not necessary for the agency’s use; and WHEREAS, the Property qualifies as exempt surplus land under the Act because:
(i) it is less than one-half acre in size (0.0144 acres) and is not contiguous to land owned by a state or local agency that is used for open space or low- and moderate-income housing purposes (Gov.

Code § 54221(f)(1)(B)); and
(ii) it is being exchanged as part of subdivision dedications associated with Tract No. 3610, Mountain House Neighborhood “B,” Unit No. 1 (Gov. Code § 54221(f)(1)(C)); and (iii) it is not located in the coastal zone, adjacent to a state historic unit, listed on or eligible for the National Register of Historic Places, or within the Lake Tahoe region (Gov. Code § 54221(f)(2)); and WHEREAS, the City has determined that this action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to both Section 15060(c)(3) (not a project) and Section 15061(b)(3) (common sense exemption) of the CEQA Guidelines, as there is no possibility the declaration and conveyance of this small parcel could have a significant environmental effect; and

8.1 ATTACHMENT A

WHEREAS, the City has prepared Notice of Exemption No. NOE-CD 01-25, attached hereto as Exhibit 2;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain House as follows:

1. The City Council hereby finds the above recitals to be true and correct and incorporates them as substantive provisions of this Resolution.

2. The City Council hereby declares that approximately 627 square feet of real property within Zinnia Way, Tract No. 3610, Mountain House Neighborhood “B,” Unit No. 1, as described and depicted in Exhibit 1, is exempt surplus land under the Surplus Land Act.

3. The City Council hereby authorizes the filing of Notice of Exemption No. NOE-CD 01- 25, attached as Exhibit 2, under the California Environmental Quality Act (CEQA) for this action.

4. The City Council hereby authorizes the conveyance of the Property to Shea Homes Limited Partnership to clear title in connection with the processing of Tract No. 3610, Mountain House Neighborhood “B,” Unit No. 1.

5. The City Manager, or designee, is authorized and directed to execute all necessary documents, including the deed attached as Exhibit 1, transmit the adopted Resolution to the California Department of Housing and Community Development (HCD) in compliance with SLA Guidelines, and take all actions necessary and appropriate to carry out the purpose and intent of this Resolution.

6. Severability: If any provision of this Resolution or its application to any person or circumstance is held invalid, the remainder of the Resolution shall not be affected and shall remain in full force and effect.

8.1 Recording requested by
Chicago Title Company
When recorded mail Document
and tax statements to:

Shea Homes
4309 Hacienda Dr. – Suite 180
Pleasanton, CA 94588

QUITCLAIM DEED
The undersigned grantor(s) declare(s):

County transfer tax is $ None. No consideration.

City transfer tax is $ None. No consideration.
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area; or (x) City of Mountain House and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Mountain House, a political subdivision of the State of California formerly known as Mountain House Community Services District, a political subdivision of the State of California
does hereby remise, release and forever quitclaim to
Shea Homes Limited Partnership, a California limited partnership the following described real property in the City of Mountain House, County of San Joaquin, State of California:

SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
City of Mountain House
By: ______________________________________
_______________, as ________________
Mail tax statements as directed above
EXHIBIT 1 8.1

STATE OF CALIFORNIA
COUNTY OF _______________
On , _____, before me,
(here insert name and title of the officer)
personally appeared
_________________________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Name (typed or printed), Notary Public in
and for said County and State
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT 1 8.1
29078.SHE.D
11/8/2024

EXHIBIT “A”

DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED TERRITORY OF SAN JOAQUIN COUNTY, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 AS DESCRIBED IN DOCUMENT NUMBER 2023-099122, SAN JOAQUIN COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1, SAID CORNER BEING ON THE NORTHWESTERLY LINE OF LOT 59 AS SHOWN ON TRACT 3611, RECORDED IN BOOK 43 OF MAPS AND PLATS, AT PAGE 133, SAN JOAQUIN COUNTY RECORDS, THENCE ALONG THE SOUTHEASTERLY OF SAID PARCEL 1, COMMON TO THE NORTHWESTERLY LINE OF SAID LOT 59, SOUTH 40°51’03” WEST, 13.50 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE AND ENTERING SAID PARCEL 1 THE FOLLOWING THREE (3) COURSES:

1. NORTH 49°08’03” WEST, 37.81 FEET;

2. NORTH 10°56’16” WEST, 17.29 FEET;

3. THENCE NORTH 27°15’31” EAST, 5.61 FEET, TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 1, SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL 1 AS DESCRIBED IN DOCUMENT NUMBER 2010-035188, SAN JOAQUIN COUNTY RECORDS;
THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING TWO (2) COURSES:

1. ALONG A NON-TANGENT CURVE TO THE LEFT, FROM WHICH THE RADIUS POINT BEARS NORTH 81°26’08” EAST, HAVING A RADIUS OF 11.00 FEET, THROUGH A CENTRAL ANGLE OF 40°34’11”, AND AN ARC LENGTH OF 7.79 FEET;

2. THENCE SOUTH 49°08’03” EAST, 45.56 FEET, TO THE POINT OF BEGINNING.

CONTAINING 627 SQUARE FEET MORE OR LESS.

END OF DESCRIPTION
PREPARED BY:
______________________________ _____________________

IAN BRUCE MACDONALD DATE
LICENSED LAND SURVEYOR NO. 8817

STATE OF CALIFORNIA
EXHIBIT 1 8.1
59 58 S49°08'03"E 45.56'
S40°51'03"W

13.50'
N49°08'03"W 37.81'
N10°56'16"W

17.29'
N27°15'31"E

5.61'
R=11.00'
Δ=40°34'11"
L=7.79'
N81°26'08"E(R)

DEDICATION
627± SF
EXHIBIT 1 8.1

Statutory Exemptions. State code number:

_______________________________________________
Notice of Exemption
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
EXHIBIT 2 8.1
TITLE: Award Agreement No. A-2526-14 to Data Ticket, Inc. for Parking Citation Processing, Delinquent Debt Collections, and Administrative Hearing Services MEETING DATE: September 25, 2025
PREPARED BY: Jodi Almassy, Deputy City Manager

RECOMMENDATION
Staff recommends that the City Council:

1. Approve an exception to the competitive bidding process in accordance with Section 200 of the City’s Financial Management Manual, based on the justification provided in this report.

2. Authorize the City Manager to execute Agreement No. A-2526-14 with Data Ticket, Inc. for parking citation processing, delinquent debt collections, and administrative hearing services, for a multiyear contract through June 30, 2028, in an amount not to exceed $118,120.46.

3. Authorize the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of this action.

BACKGROUND
With incorporation on July 1, 2024, the City of Mountain House assumed responsibility for its own municipal code enforcement and parking citation programs. An essential part of implementing a parking enforcement program is securing a vendor that can provide citation processing, delinquent collections, and hearing examiner services compliant with California Vehicle Code (CVC) requirements.

Data Ticket, Inc. specializes in comprehensive parking citation management services and currently serves more than 100 California cities, counties, and agencies. Their services include citation issuance tracking, online payment systems, DMV integration for registration holds, and administrative hearing coordination with certified hearing officers.

DISCUSSION
Scope of Services
Under Agreement No. A-2526-14, Data Ticket will provide:
· Citation processing and management, including DMV integration; · Delinquent collection services;

8.2 · Administrative hearing examiner services pursuant to CVC §§ 40200–40230; · Secure online payment platform and customer service support.

Contract Amount and Term
The agreement establishes a multi-year contract through June 30, 2028, in an amount of approximately $118,120 over the contract term. Compensation is based on a per-citation processing fee and collection fees recovered from delinquent accounts. There is no upfront or fixed annual cost to the City, as the program is designed to be cost-neutral through user fees.

Non-Bid Justification
The City chose not to move forward with a competitive bidding process for this contract because of the specialized nature of the required services and the operational efficiencies gained by contracting with Data Ticket.

Data Ticket provides a comprehensive, turnkey solution that integrates directly with GoGov, the platform already used by the City for service requests. This integration ensures seamless data sharing, reduces administrative overhead, and minimizes the risk of errors or disruptions that could occur if a new vendor were required to implement custom integrations.

In addition, the services covered by this agreement, including parking citation processing, DMV registration holds, delinquent collections, and certified administrative hearings, require specialized technical knowledge and compliance with California Vehicle Code requirements. Onboarding other vendors may require significant staff time, training, and system alignment, resulting in costs that outweigh the potential benefits of bidding.

By selecting Data Ticket, the City ensures continuity, efficiency, and compliance, while avoiding service delays and additional administrative expense. This sole source justification is consistent with the provisions of the City’s Financial Management Manual, Section 200, which allows for exceptions to competitive bidding when it is in the City’s best interest to do so.

FISCAL IMPACT
Funding for this agreement will come from the City’s operating accounts dedicated to citation program expenses. The projected contract costs by fiscal year are as follows:

Fiscal Year Funding Source Amount
2025-26 202-1510-6585 $38,774.94
2026-27 202-1510-6585 $39,672.76
2027-28 202-1510-6585 $39,672.76
Total $118,120.46

8.2 Funding for Fiscal Year 2025-26 is available and budgeted. Appropriations for subsequent fiscal years will be included in future budgets for City Council consideration and approval through the annual budget adoption process.

The agreement with Data Ticket is designed to be cost-neutral, as fees for citation processing and delinquent collections are offset by citation revenues and recovered charges. Therefore, no impact to the City’s General Fund or other unrestricted funds is anticipated.

STRATEGIC PLAN
This item supports the City’s Strategic Plan by:
· Enhancing Public Safety through enforcement of parking regulations; · Supporting Responsive Government by providing convenient online services for residents; · Ensuring Financial Sustainability through cost-neutral program design.

CEQA
Not applicable. This action is not a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines, as it involves administrative activities related to citation processing and collections.

ACTION FOLLOWING CITY COUNCIL APPROVAL
If approved, staff will execute Agreement No. A-2526-14 with Data Ticket, Inc. and begin transitioning citation processing and collections to the new system.

ATTACHMENTS
A. Agreement No. A-2526-14 with Data Ticket, Inc.

8.2 251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 (209) 831-5610 FAX

CONSULTANT AGREEMENT
CONTRACT ID # A-2526-14
EFFECTIVE DATE: October 1, 2025
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT: Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, CA 92614
The Parties agree as follows: 1. Priority of Documents:

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

B. Consultant’s Proposal dated August 4, 2025 and Consultant’s Scope of Service and Performance Agreement.

2. Terms of Services:

2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide administrative/parking citation services, as further described in Exhibit A, Scope of Service (the “Work”).

2.2 Term of Agreement. This Agreement shall commence on October 1, 2025 and continue until June 30, 2028. unless said Work is completed on a date prior thereto or unless terminated earlier as provided herein. Consultant shall complete the Work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise

ATTACHMENT A

8.2 CONTRACT ID # A-2526-14
2 terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect City of Mountain House’s right to terminate the Agreement, as referenced in Section 8.

2.3 Standard of Performance. Consultant shall perform all Work in a first-class manner in conformance with the standards of quality normally observed by a person practicing in Consultant’s profession.

2.4 Inspection. All Work performed and materials (if any) provided by Consultant shall be subject to inspection and approval by City of Mountain House.

2.5 Consultant’s Warranties and Guarantee. Consultant warrants to City of Mountain House that all materials and equipment furnished under this Agreement will be new unless City of Mountain House agrees otherwise in writing, and that all Work will be of good quality, free from faults and defects and in conformance with this Agreement. All Work not so conforming to these standards may be deemed defective by City of Mountain House. If required by City of Mountain House, the Consultant shall furnish to City of Mountain House satisfactory evidence as to the kind and quality of materials, equipment, and methods of installation by the Consultant or sub-Consultants.

Consultant shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following City of Mountain House’s acceptance of the Work (“Consultant’s Guarantee”). As part of Consultant’s Guarantee, Consultant agrees to make, at Consultant’s sole cost and expense, all repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period.

2.6 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City of Mountain House, in its sole discretion and at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of Mountain House of such desire of City of Mountain House, reassign such person or persons.

2.7 Time is of the Essence. The parties agree time is of the essence. Consultant shall devote such time to the performance of the Work as may be reasonably necessary to timely finish the Work, meet the standard of performance provided in Section 2.3 above, and satisfy Consultant’s obligations hereunder.

3. Terms of Payment. 3.1 Compensation. City of Mountain House hereby agrees to pay Consultant a sum not to exceed one hundred eighteen thousand one hundred twenty dollars and forty-six cents, ($118,120.46) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. City of Mountain House shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City of Mountain House to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City of Mountain House in the manner specified herein. Except as specifically

8.2 CONTRACT ID # A-2526-14
3 authorized by City of Mountain House in writing, Consultant shall not bill City of Mountain House for duplicate services performed by more than one person.

Consultant and City of Mountain House acknowledge and agree that compensation paid by City of Mountain House to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Consultants of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and sub-Consultants may be eligible. City of Mountain House therefore has no responsibility for such contributions beyond compensation required under this Agreement.

3.2 Invoices. Consultant shall submit invoices not more often than once a month during the term of this Agreement based on the cost for services performed and reimbursable costs incurred prior to the invoice date via e-mail to [email protected]. Invoices delivered to any other e-mail address will be deemed undelivered and not paid.

Invoices shall contain the following information:
a. Contract ID number;
b. Federal Tax Payer Identification Number;
c. The beginning and ending dates of the billing period; d. A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
e. At City of Mountain House’s option, for each Work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the Work, the hours spent by each person, a brief description of the Work, and each reimbursable expense;
f. The total number of hours of Work performed under the Agreement by Consultant and each employee, agent, and sub-Consultant of Consultant performing services hereunder; and
g. The Consultant’s signature.

3.3 Monthly Payment. City of Mountain House shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable costs incurred. City of Mountain House shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

3.4 Final Payment; Retention Payment. If all services required have been satisfactorily performed, City of Mountain House shall pay the last five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion and acceptance of

8.2 CONTRACT ID # A-2526-14
4 the Work, or other applicable event under law, and submittal to City of Mountain House of a final invoice.

3.5 Total Payment.
a. City of Mountain House shall pay for the Work performed by Consultant pursuant to this Agreement. City of Mountain House shall make no payment for any extra, further, or additional service pursuant to this Agreement. b. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. c. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant in excess of the maximum amount of compensation provided herein unless the Agreement is modified prior to the performance of such Work or services. d. City of Mountain House shall not pay any invoice or otherwise provide compensation to Consultant for Work or services performed after the expiration or termination of this Agreement unless the Agreement is modified prior to the performance of such Work or services.

3.6 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for Work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

3.7 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B.

Reimbursable expenses not listed in Exhibit B are not chargeable to City of Mountain House. Reimbursable expenses shall not include a mark-up and shall be billed as a direct costs. In no event shall expenses be advanced by City of Mountain House to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

3.9 Payment upon Termination. In the event that City of Mountain House or Consultant terminates this Agreement pursuant to Section 8, City of Mountain House shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for Work satisfactorily completed as of the date of written notice of termination.

Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

3.10 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

8.2 CONTRACT ID # A-2526-14
5 4. Consultant’s Status:

4.1 Independent Consultant. In the performance of the Work, duties, and other obligations imposed by this Agreement, the Consultant is at all times acting as an Independent Consultant practicing his or her profession and not as an employee of City of Mountain House. Consultant shall perform the Work in accordance with currently approved methods and standards of practice in the Consultant’s professional specialty. A copy of Consultant’s current business license shall be provided to City of Mountain House. The Consultant shall not have any claim under this Agreement or otherwise against City of Mountain House for vacation, sick leave, retirement benefits, social security or worker’s compensation benefits. The Consultant shall be responsible for federal and state payroll taxes such as social security and unemployment. San Joaquin County will issue a form 1099 at year-end on behalf of City of Mountain House for fees earned.

4.2 Consultant Not an Agent. Except as City of Mountain House may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City of Mountain House in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City of Mountain House to any obligation whatsoever.

4.3 Non-Exclusive Rights. This Agreement does not grant to Consultant any exclusive privileges or rights to provide services to City of Mountain House. Consultant may contract with other agencies, private companies, or individuals for similar services.

5. Legal Requirements. 5.1 Compliance. Consultant shall comply with all Federal, State and local laws, regulations and requirements necessary for performance of the Work. Consultant shall comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.

5.2 Licenses and Permits. Consultant represents and warrants to City of Mountain House that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for the performance of the Work. Consultant represents and warrants to City of Mountain House that Consultant and its employees, agents, and any sub-Consultants shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to perform the Work.

5.3 Conflict of Interest Statement. Consultant covenants that Consultant, its officers or employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of the Work. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Consultant under this Agreement. Consultant shall not hire City of Mountain House’s employees to perform any portion of the Work, including secretarial, clerical, and similar incidental services, except upon the written approval of City of Mountain House. Performance of the Work

8.2 CONTRACT ID # A-2526-14
6 by associates or employees of Consultant shall not relieve Consultant from any responsibility under this Agreement.

5.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, gender identity, or sexual orientation against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant pursuant to this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

5.5 Drug Free Workplace. Consultant shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

5.6 Form Law. The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

5.7 Subcontracts. Consultant shall include the provisions of this Section 5 in any subcontract approved by the Contract Administrator or this Agreement.

6. Indemnification, Hold Harmless and Defense. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend City of Mountain House, its directors, officers, employees, agents and authorized volunteers, and each of them, from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to City of Mountain House’s property, arising out of Consultant’s alleged negligence, or wrongful acts related to or in connection with Consultant’s performance of duties under the terms and conditions of this Agreement.

To the fullest extent permitted by law, City of Mountain House shall indemnify, hold harmless and defend the Consultant, its directors, officers, employees, agents and each of them (collectively referred to as “Consultant Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, expenses, attorneys’ fees, losses or liabilities, in law or in equity, of every kind or nature, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to the Consultant’s property, arising out of City of Mountain House’s alleged negligence, or wrongful acts related to or in connection with City of Mountain House’s performance of duties under the terms and conditions of this Agreement.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by Civil Code Section 2782.

8.2 CONTRACT ID # A-2526-14
7 7. Insurance. Before beginning any Work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance described in Exhibit C, incorporated herein, against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Consultant and its agents, representatives, employees, and sub-Consultants. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of Mountain House of such insurance that meets the requirements of Exhibit C and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning Work to City of Mountain House. Consultant shall maintain the insurance policies required by Exhibit C throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s proposal. Consultant shall not allow any sub-Consultant to commence Work on any subcontract until Consultant has obtained all insurance required by Exhibit C for the sub-Consultant(s) and provided evidence that such insurance is in effect to City of Mountain House. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

8. Termination and Modification. 8.1 Termination. City of Mountain House may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon sixty (60) days’ written notice to City of Mountain House and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City of Mountain House, however, may condition payment of such compensation upon Consultant delivering to City of Mountain House any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City of Mountain House in connection with this Agreement.

8.2 Extension. City of Mountain House may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2.2. Any such extension shall require a written amendment to this Agreement, as provided for herein. The City of Mountain House City Manager is hereby authorized to negotiate and execute such extension.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City of Mountain House and Consultant recognize and agree that this Agreement contemplates performance of specialized services by Consultant and is based upon a determination of Consultant’s unique competence, experience, and specialized knowledge. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the Contract Administrator. Any such assignment, transfer,

8.2 CONTRACT ID # A-2526-14
8 delegation or subcontract without the prior written consent shall be considered null and void.

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

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City of Mountain House’s remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different Consultant to complete the Work described in Exhibit A not finished by Consultant; or
d. Charge Consultant the difference between the cost to complete the Work described in Exhibit A that is unfinished at the time of breach and the amount that City of Mountain House would have paid Consultant pursuant to Section 3 if Consultant had completed the Work.

9. Miscellaneous. 9.1 Contract Administrator. The Consultant Administrator shall be designated, and may be changed, by the City of Mountain House City Manager in writing.

9.2 Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be effected by personal delivery or by first class mail, registered or certified, postage prepaid, return receipt requested. Unless otherwise designated by either party in writing, such notices shall be mailed as shown on the first page of this Agreement.

9.3 Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City of Mountain House shall be personally liable to Consultant in the event of any default or breach by City of Mountain House or for any amount that may become due to Consultant pursuant to this Agreement.

9.4 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which such party may be entitled.

9.5 Documents. All drawings, specifications, documents and other memoranda or writings relating to the Work hereunder, shall remain or become the property of City of Mountain House upon termination of this Agreement, whether executed by or for the Consultant for City of Mountain House, or otherwise, by or for the Consultant, or by or for a subConsultant operating under the Consultant’s supervision, or direction, and all such

8.2 CONTRACT ID # A-2526-14
9 documents and copies thereof shall be returned or transmitted to City of Mountain House forthwith upon termination or completion of the Work under this Agreement. Prior to termination Consultant shall deliver to City of Mountain House any such records upon request.

9.6 Force Majeure. It is agreed that neither party shall be responsible for delays in delivery or acceptance of delivery or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the seller/Consultant or the purchaser.

9.7 Waiver. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party.

9.8 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the parties, any rights or remedies hereunder.

9.9 Headings. The headings of the sections and exhibits of this Agreement are inserted for convenience only. They do not constitute part of this Agreement and are not to be used in its construction.

9.10 Entire Agreement and Modification. This Agreement supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. *Signatures on following page*

8.2 CONTRACT ID # A-2526-14
10 IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.

Data Ticket, Inc. City of Mountain House
State of California
By: ____________________________
Brook Westcott
COO
By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:

By: ___________________________
John Bakker
City Attorney

8.2 CONTRACT ID # A-2526-14
11 EXHIBIT A

SCOPE OF SERVICES
[Attached]

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2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
[email protected]
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Scope of Service and Performance Agreement
These services are provided by:

Data Ticket Inc.
a California Corporation
2603 Main Street, Suite 300
Irvine, California 92614
(here-in-after sometimes referred to as "COMPANY")
FOR:

City of Mountain House
251 East Main Street
Mountain House, California 9530191
(here-in-after sometimes referred to as "AGENCY").

Through this Scope of Service and Performance Agreement (“Agreement”), Data Ticket, Inc. intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations pursuant to AGENCY municipal code, other debts as specified by the AGENCY and for the issuance of parking citations pursuant to the laws of the State of California.

ARTICLE I - CITATION PROCESSING

1.1 Referral and Reconciliation: COMPANY shall receive and process citations from AGENCY.

COMPANY will provide a reconciliation of the number of citations received from AGENCY that is provided on the monthly invoice.

1.2 Determination of Processable Citations: COMPANY shall screen each citation referred to it by the AGENCY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the AGENCY as unprocessable.

1.3 Collection and deposit of funds: A direct deposit system shall be employed for all funds received for payment of citations. The AGENCY shall have the choice of jointly owning a bank account with the COMPANY or directing the COMPANY to deposit into an AGENCY account.

Deposits shall be made directly into the account by the COMPANY for the collecting AGENCY, with the exception of credit card payments made using VISA, MasterCard and Discover cards belonging to the COMPANY. These payments will be directly deposited into an account held by

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the COMPANY. Credit card payments are reconciled and remitted on a monthly basis to the AGENCY, but tracked on the citation management software on a daily basis. Citations paid by credit card are marked “paid” real-time immediately upon authorization, thus affording the citizen the opportunity to make payment at any time and have the payment recognized immediately.

1.4 PAYMENT: If the COMPANY deposits into an AGENCY account, the COMPANY will invoice the AGENCY for services rendered. If the COMPANY deposits into an account held jointly between the AGENCY and the COMPANY, the COMPANY shall reconcile the account the month following the banking activity, disperse all revenue due the AGENCY, the COMPANY, any tax liability and all refunds, and send all supporting documentation to the AGENCY for its records.

1.5 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts to obtain the name and address of the registered vehicle owner from the California State Department of Motor Vehicles (DMV) and DMV’S nationwide, for each vehicle for which a parking citation has been issued. COMPANY shall follow all procedures specified by the DMV, and act consistent with the California Vehicle Code and DMV’S nationwide, when identifying registered vehicle owners.

1.6 Verification of Ownership: COMPANY shall exert best efforts to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; and the validity of plates and registration during specific time periods applicable to individual cases.

1.7 Delinquency Notices for Administrative Citations: In accordance with AGENCY’S ordinance, delinquency notices will be sent to citizens who have not paid the fines in full. These notices will indicate future actions to be taken in order to collect the fines owed the AGENCY.

1.8 Franchise Tax Board Interface: Subject to AGENCY’s prior written approval, the Franchise Tax Board Interagency Intercept Program will be used as the next collection step in the process.

A notice merging all debts owed the AGENCY will be sent to the citizen showing the total amount due the AGENCY for Administrative and/or Parking Citations and demanding payment. If payment is not received in full, social security numbers will be attached to each debt and the debt will be placed with the Franchise Tax Board for collections.

1.9 Delinquency Notices for Parking Citations: In accordance with State law, COMPANY will generate and mail (presorted, first-class postage) a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail. The mailed notice will include all information required by the California Vehicle Code, including, but not limited to, the following:

A. The parking citation issuance date and number;
B. The consequences of nonpayment (i.e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for their arrest); and

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C. The amount of fines and fees due and payable
D. Affidavit of Non-Ownership

1.10 Registration Holds: The COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to place a hold on vehicle registrations having unpaid parking fines and fees due to AGENCY against those vehicles in accordance with the California Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice, but the the period of time will not exceed the time limits provided by State and local law.

1.11 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY.

Within a reasonable time of the debt being satisfied, but not to exceed any time limits provided by the State or local law, the COMPANY will contact the DMV to remove the registration hold.

1.12 Contested Citations: In the event a vehicle registered owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an administrative review/hearing/court appearance. All contested citations will be forwarded to the reviewing agency, hearing administrator or Court within the time period prescribed by State and/or local law so that the matter can be adjudicated. (CVC section 40200.7 & 40215 or AGENCY’S Municipal Code).

1.13 Administrative Review and Hearing: The COMPANY may schedule administrative reviews/hearings to respond to citizens wishing to contest their citations and offers the option to perform and administer those reviews and hearings. The COMPANY will provide a web site for appeal and toll-free numbers for contestants, correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court as required. The administrative hearing officer shall prepare and issue a written decision within fifteen (15) days, or such other time as feasible for the administrative hearing officer, following the conclusion of the public hearing. In no event shall the administrative hearing officer take longer than thirty (30) days to render their decision. The COMPANY shall not be responsible for the AGENCY'S failure to provide correct or timely infraction information. The AGENCY shall be responsible to pay the $25.00 court-filing fee if the review and administrative hearing decisions are overturned by the court.

1.14 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, citations which have been referred to it.

COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellation of parking citations as a result of review/hearing/court action. Citations

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that are dismissed as a result of review/hearing/court decision will have the dismissal processed by the COMPANY promptly, consistent with applicable California law after receipt from the review/hearing/court.

1.15 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation or facsimile properly requested by the AGENCY. COMPANY will maintain records indicating any suspension of citation as a result of AGENCY'S request.

COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the AGENCY.

1.16 Payments by U.S. Mail: It is the citizen’s responsibility to ensure that payments are received on or before the date due. The date on which payments are received by the COMPANY will be the criteria to establish any delinquent fees due.

1.17 Citation System Master File Update: COMPANY will regularly update the citation master file for new citations, payments, reductions, cancellations, dismissals and any other pertinent data.

ARTICLE II - PAYMENT PROCESSING

2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of three (3) years, or longer if required by state or local law. Closed citations will remain on-line for a minimum of three (3) years for research and statistical purposes.

2.2 Payments Processing: COMPANY shall process citation payments on a regular basis.

Payments shall be immediately posted in one (1) of three (3) following categories:
"Regular Payments" are citations with the correct amount due, paid on or before the due date.

This includes payments properly complying with the first Courtesy Notice. "Partial Payments" are citations paid after the due date or those where payment is less than the total amount due.
"Appeal Requests" including payment are all requests for administrative/court hearings. These requests are sorted so that the payment submitted is immediately posted, an appeal hold is placed on the citation and if needed the original citations and backup documents are retrieved for the appeal to be heard.

2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY and may be forwarded to the AGENCY for proper follow-up.

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2.4 Batching Procedures: COMPANY shall maintain effective procedures of internal control.

Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be stored in a file room, for a period of three (3) years.

2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments using generally accepted accounting principles.

2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in duplicate, allowing one (1) copy for the bank and one (1) copy for the COMPANY. If the bank account is held jointly, COMPANY shall perform all reconciliation, refunds and cut all checks. This information shall be available for AGENCY review. Deposits shall be directly deposited into the AGENCY'S designated bank account, either jointly held with the COMPANY or individually held by the AGENCY. If the AGENCY holds the account individually, it will supply deposit slips and an endorsement stamp to COMPANY. In this case, COMPANY shall only have the capability to make deposits on behalf of the AGENCY.

2.7 Revenue Report: A monthly revenue report will list all revenues received during the preceding month. This report will also provide information regarding the AGENCY'S responsibility to the County for the Jail and Court fund as required by Sections 40200.3 (a) of the California Vehicle Code and any other relevant taxes due.

ARTICLE III – WEB SITE

3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review of its database, including all citations and information relating to changes in status.

3.2 Citizen Web Site Access: When the AGENCY has web site access, citizens who receive citations will be able to access the web site to review their individual citations, pay on-line and appeal on-line.

3.3 Web Site Interaction: The web site may be “view only” or “interactive”, for the AGENCY depending on requirements of the AGENCY.

3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily, (24/7) schedule.

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3.5 Web Site Use: User ID’s and passwords will be assigned to the AGENCY.

ARTICLE IV - GENERAL

4.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a non-judicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination.

4.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action against a CITIZEN in any specific case without AGENCY'S prior written approval.

4.3 Use of Approved Forms: AGENCY shall have the right to approve all forms, delinquency notices, and correspondence sent by the COMPANY to CITIZENS. These must conform to State and local law.

4.4 Books and Records: COMPANY will maintain consistent with the requirements of the State and local laws, adequate books or records for parking citations issued within the AGENCY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for inspection and audit the by AGENCY upon its request and will be made available within a reasonable time of the request, not to exceed 7 days from the date of the request by the AGECNY. Copies of such documents shall be provided to the AGENCY for inspection at the AGENCY’s address indicated for receipt of notices in this Agreement when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at COMPANY’s address indicated for receipt of notices in this Agreement.

4.5 Ownership: Except as provided by State and local law, all reports, information, and data, including but not limited to computer tapes, discs, or files furnished or prepared by the COMPANY or its subcontractor (collectively the "Materials") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Systems.

The AGENCY is entitled to keep and use any reports and data it may reasonably need to administer its parking citation program during or in the event of termination of this Agreement. In the event this Agreement is terminated by either party, the COMPANY will be required to cooperate with the AGENCY in obtaining all data and reports necessary to assume administration of the program or contract with another company to administer the program.

4.6 Property of AGENCY: All documents, records, discs, files and tapes supplied by AGENCY to

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COMPANY in performance of this Agreement are agreed to be and shall remain the sole property of AGENCY. COMPANY agrees to return same promptly to AGENCY no later than sixty (60) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY for the cost of copy and delivery of such information from COMPANY'S computer facilities to AGENCY'S designated point of delivery.

4.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, COMPANY may under certain circumstances be required to share with AGENCY’S employees information contained in Materials and Systems (collectively the “CONFIDENTIAL DATA”). AGENCY agrees that the information contained in CONFIDENTIAL DATA and marked in writing as “CONFIDENTIAL”, “PROPRIETARY” or similar language as to give notice to AGENCY or its employees notice of its confidential nature when submitted to AGENCY by COMPANY, shall be retained by AGENCY in the strictest confidence and shall not be used or disclosed in any form, except with prior written consent of AGENCY in accordance with Paragraph 4.8. AGENCY recognizes that irreparable harm could be occasioned to the COMPANY by disclosure of CONFIDENTIAL DATA which is related to its business and that COMPANY may, at sole expense, seek to protect such CONFIDENTIAL DATA by enjoining disclosure. However, AGENCY is not required to maintain “CONFIDENTIAL DATA” confidential and may disclose CONFIDENTIAL DATA in its sole discretion if disclosure is required by Federal, State or local law, the California Public Records Act, to comply with the Ralph M. Brown Act, or by subpoena or court order. Where disclosure of CONFIDENTIAL DATA is required to be disclosed by AGENCY pursuant to Federal, State or local law, or to comply with the California Public Records Act or the Ralph M. Brown Act, or as required by subpoena or court order, the AGENCY may make such disclosures in its sole discretion.

4.8 Consent For Disclosure: No CONFIDENTIAL DATA prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of AGENCY other than individuals or organizations who are reasonably necessary to properly effectuate the terms and conditions of this Agreement. This Non-Disclosure obligation shall survive the termination of this Agreement.

4.9 COMPANY Files: COMPANY shall maintain master files on citations referred to it for processing under this Agreement. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail. COMPANY shall not disclose to any third party any confidential information contained in any citation obtained from the AGENCY.

4.10 Storage for AGENCY:

A. COMPANY agrees to store original citations for the current year, plus two (2) years, at which time they will be returned to AGENCY. COMPANY will have

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such information available on the citation management system for a reasonable time period to permit AGENCY retrieval of such information.

B. Subsequent to any termination of the Agreement, COMPANY will return a file containing all data belonging to the AGENCY.

ARTICLE V – ADDITIONAL SERVICES

5.1 Other Collections: COMPANY shall retain a percent of payments for delinquent citations that have been processed in accordance with the current Agreement, and meet the following criteria:

A. Delinquent parking citations: those citations so designated by the AGENCY, for which the California State Department of Motor Vehicles registration hold has been placed or dropped because of a transfer of ownership or non-renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete.

B. Citations with out-of-state license plates that have gone through the first courtesy notice process without payment.

C. Any other problem or special citations that the AGENCY so designates and refers to COMPANY under this Agreement.

5.2 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect.

ARTICLE VI - REPORTS

6.1 Periodic Reports: COMPANY will submit reports to AGENCY the month following the month in which activity has been reported. The reports will track activities relating to performance under this Agreement. Among the reports which COMPANY may/will generate are the following:

A. Report of Revenue Collected for Period
B. Report for Citations Issued for Period
C. A balanced summary report for issuing AGENCY providing the status of all citations at the beginning of the period, current period activity, and at the end of the period.

D. A report for issuing AGENCY identifying registered vehicle owners with five (5) or more outstanding parking citations.

E. A report for issuing AGENCY identifying the citations issued, location, violation, and officer.

6.2 Annual Reports: Annually, COMPANY shall comply with CVC section 40200.3 (b)

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ARTICLE VII - TERM OF AGREEMENT AND ADDITIONAL SERVICES

7.1 Term and Renewals: This Agreement shall be for an initial period of 33 months (through June 30, 2028), commencing as of the last date of signature.

7.2 Cancellation: Upon a material breach or upon sixty (60) days written notice to COMPANY, the AGENCY may cancel or terminate this Agreement for any reason, with our without cause.

7.3 Exclusivity: AGENCY agrees to utilize only the services of COMPANY for services during the term of this Agreement for the processing of parking and administrative citations referred to above. AGENCY agrees during the term of the Agreement to not knowingly directly or indirectly assist a competitor of COMPANY in the performance of the services provided by COMPANY under this Agreement.

7.4 Cost: Please see Exhibit A for the Parking & Administrative Cost Proposal for the associated costs.

7.5 Default: Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to terminate this agreement or to seek any appropriate remedy or damages by initiating legal proceedings.

ARTICLE VIII - CLAIMS AND ACTIONS

8.1 AGENCY Cooperation: In the event any claim or action is brought against COMPANY relating to COMPANY'S performance or services rendered under this Agreement, COMPANY shall notify the AGENCY, in writing, within ten (10) days, of said claim or action.

8.2 Hold Harmless: COMPANY AND AGENCY agree to the following hold harmless clauses.

A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers

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and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with, the performance by COMPANY or any of its officers, employees, or agents under this Agreement, including, but not limited to, those arising from the COMPANY’S failure to maintain confidential any confidential information contained in any citations provided by the AGENCY, excepting only loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees.

B. AGENCY agrees to indemnify, defend, and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs, and liabilities for loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of, or in connection with, the performance under this Agreement.

ARTICLE IX - SUBCONTRACTORS AND ASSIGNMENTS

9.1 Subcontracting: With AGENCY’s prior written consent, COMPANY is authorized to engage subcontractors, as permitted by law at COMPANY'S own expense, and subcontractors shall be deemed agents of COMPANY.

9.2 Assignments: This Agreement may not be assigned without the prior written consent of the AGENCY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this Agreement.

ARTICLE X - INDEPENDENT CONTRACTOR

10.1 COMPANY'S Relationship: COMPANY'S relationship to AGENCY in the performance of this Agreement is that of an independent contractor. Personnel performing services under this Agreement shall at all times be under COMPANY'S exclusive direction and control and shall be employees or subcontractors of COMPANY and not employees of the AGENCY. COMPANY shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither COMPANY nor any officer, agent, or employee of COMPANY shall obtain any right to retirement benefits or other benefits which accrue to employees of AGENCY, and COMPANY hereby expressly waives any claim it might have to such rights.

ARTICLE XI - INSURANCE
(A) Time for Compliance: COMPANY shall not commence the Services under this Agreement until it has provided evidence satisfactory to AGENCY that it has secured all insurance required under this section. In addition, COMPANY shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to AGENCY that the subcontractor has secured all insurance required under

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this section. AGENCY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
(B) Minimum Requirements: COMPANY shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the COMPANY, its agents, representatives, employees or subcontractors. COMPANY shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(1) Minimum Scope of Insurance: (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if COMPANY owns no autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation : Workers’ Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer’s Liability Insurance.
(2) Minimum Limits of Insurance: COMPANY shall maintain limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per occurrence and four million dollars ($4,000,000) in the aggregate for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation:

Workers’ Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer’s Liability: Employer’s Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer’s Liability coverage may be waived by the AGENCY if AGENCY receives written verification that COMPANY has no employees.
(C) Professional Liability (Errors & Omissions): COMPANY shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Services errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If COMPANY maintains broader coverage and/or higher limits than the minimum shown in this

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Agreement, AGENCY requires and shall be entitled to the broader coverage and/or higher limits maintained by the COMPANY. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to AGENCY. (D) Technology Professional Liability Errors and Omissions Insurance: If appropriate to the COMPANY’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the COMPANY in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of AGENCY in the care, custody, or control of the COMPANY. If not covered under COMPANY’s liability policy, such “property” coverage of AGENCY may be endorsed onto COMPANY’s Cyber Liability Policy as covered property as follows:
b. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of AGENCY that will be in the care, custody, or control of COMPANY. c. The Insurance obligations under this Agreement shall be the greater of 1) all the Insurance coverage and limits carried by or available to COMPANY; or 2) the minimum Insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to AGENCY. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the indemnity or other obligations of COMPANY under this Agreement.
(E) If COMPANY maintains broader coverage and/or higher limits than the minimum shown in this Agreement, AGNEYC requires and shall be entitled to the broader coverage and/or the higher limits maintained by COMPANY. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to AGENCY. (F) Insurance Endorsements: The insurance policies shall contain the following provisions, or COMPANY shall provide endorsements on forms approved by AGENCY to add the following provisions to the insurance policies:
(G) Additional Insured Status: The Commercial General Liability policy shall be endorsed to

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state that: (1) the AGENCY, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the Services performed by or on behalf of COMPANY, including materials, parts or equipment furnished in connection with such Services; and (2) the insurance coverage shall be primary insurance as respects the AGENCY, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of COMPANY’s scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to COMPANY’s insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
(H) Waiver of Subrogation: COMPANY hereby grants to AGENCY a waiver of any right to subrogation which any insurer of said COMPANY may acquire against AGENCY by virtue of the payment of any loss under said
insurance policies set forth herein. COMPANY agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not AGENCY has received a waiver of subrogation endorsement from the insurer. (I) All Coverages: Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with 30 day’s written notice by certified mail, return receipt requested to AGENCY; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to AGENCY, its directors, officials, officers, employees, agents and volunteers.
(J) Primary Coverage: For any claims related to this Agreement, COMPANY’s insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to AGENCY, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by AGENCY, its directors, officials, officers, employees, agents and volunteers shall be excess of COMPANY’s insurance and shall not be called upon to contribute with it in any way.
(K) Separation of Insureds; No Special Limitations: All insurance required by this Paragraph shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the AGENCY, its directors officials, officers, employees, agents and volunteers.
(L) Deductibles and Self-Insurance Retentions: Any deductibles or self-insured retentions must be declared to and approved by AGENCY. AGENCY may require COMPANY to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or

8.2 2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
[email protected]
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AGENCY.
(M) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, authorized to do business in California, and satisfactory to the AGENCY.
(N) Verification of Coverage: COMPANY shall furnish AGECNY with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to AGENCY before the commencement of work under this Agreement. However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive COMPANY’s obligation to provide them to AGENCY. AGENCY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
(O) Claims-Made Policies: If any of the policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement; (iii) If coverage is canceled, non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, COMPANY must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.

ARTICLE XII – SECURITY REQUIREMENTS

12.1 Security Provisions: AGENCY agrees to follow all defined security requirements including but not limited to:

A) All AGENCY employees who are provided access to services provided by COMPANY must complete a background check and must complete annual security awareness trainings.

B) All AGENCY employees must sign security agreement documents subject to the source state of the information being obtained by DMV entities.

C) AGENCY must inform COMPANY within 24 hours of an AGENCY employee with access to COMPANY services leaving their role.

8.2 2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
[email protected]
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D) AGENCY must inform COMPANY of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.

E) AGENCY understands and agrees that security requirements may change and be updated to reflect the most current security requirements of the government agencies we work with to obtain vehicle registered information.

F) AGENCY understands that evidence of the security requirements may be requested to comply with COMPANY audit requirements of the governmental agencies we work with.

G) AGENCY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.

12.2 Permissible Use Provisions: AGENCY agrees to follow all defined permissible use requirements including but not limited to:

A) All AGENCY employees who are provided access to services provided by CONTRACTOR must receive annual training on permissible use of state agency information.

B) All AGENCY employees must sign permissible use agreement documents subject to the source state or government agency where the vehicle registered owner information is being obtained.

C) All AGENCY employees will be instructed of the confidentiality of information obtained from a government agency and the proper use of that information based on job responsibility, which must not involve immigration purposes.

D) AGENCY must inform CONTRACTOR within 24 hours if data has been misused in such a manner that might constitute data misuse or a data breach. CONTRACTOR must inform AGENCY within 24 hours if data has been misused in such a manner that might constitute data misuse or data breach.

E) AGENCY must inform CONTRACTOR of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.

CONTRACTOR must inform AGANCY of any breach of information within 24 hours, so the appropriate agencies and individuals can be notified of the breach.

8.2 2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
[email protected]
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F) AGENCY understands and agrees that permissible use requirements may change and be updated to reflect the most current permissible use requirements of the government agencies CONTRACTOR works with to obtain vehicle registered information.

G) AGENCY understands that evidence of the permissible use requirements may be requested to comply with CONTRACTOR audit requirements of the governmental agencies CONTRACTOR works with.

H) AGENCY understands that tracking of activity will occur for annual reviews to be conducted by CONTRACTOR to ensure the confidentiality and privacy required for government agency provided information.

I) AGENCY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.

J) AGENCY understands that all information obtained through government agencies is considered subject to the Drivers Privacy Act (DPPA) and agrees that no disclosures of information will be made that would constitute a violation of this act.

ARTICLE XIII – ENTIRE AGREEMENT

13.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties.

13.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California.

13.3 Location of Appeal Hearings: All appeal in person hearings shall be held within the County of San Joaquin.

13.4 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, addressed to the following:

8.2 2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
[email protected]
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AS TO THE AGENCY:

City of Mountain House
251 East Main Street
Mountain House, California 95391
AS TO THE COMPANY:

Data Ticket, Inc.

8.2 2603 Main Street, Suite 300
Irvine, California 92614
949-428-7241
[email protected]
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A California Corporation
2603 Main Street, Suite 300
Irvine, California 92614
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below.

AGENCY: CITY OF MOUNTAIN HOUSE
Signature: _______________________
Print Name: ______________________
Title: ______________________
Date: _______________________
COMPANY: DATA TICKET, INC.

Signature: __________________
Print Name: _________________
Title: __________________
Date: __________________

8.2 CONTRACT ID # A-2526-14
12 EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule. 2) Reimbursable Expenses. Reimbursable expenses for Consultants working for City of Mountain House shall follow the guidelines outlined below. An invoice and receipts, outlining travel expenses, shall be submitted to City of Mountain House after the travel has occurred.

Expense Type Reimbursement Policies Receipt Required
Airfare Actual cost of the least expensive class available.

Business class and first class are not reimbursable.

Yes
Airline Baggage Fees Actual expense. Yes
Rental Car Reimbursement for rental cars will be for a
standard size car or smaller and will be
reimbursed for the actual expense.

Yes
Airport Shuttle Actual expense, including gratuity. Yes Taxi Actual expense, including gratuity. Yes
Meals & Incidentals Actual expense, including gratuity. Itemized receipts must be included for reimbursement. No
alcohol.

Other incidentals per itemized receipt.

Yes
Hotel Lodging obtained will be reasonable and in line
with the moderate priced hotels for the area.

Reimbursement will be only for room charge,
taxes, and parking (if applicable).

Itemized receipts must be included for
reimbursement.

Yes
Privately Owned Vehicle
Mileage Rate
IRS allowable rate for the current year. No
Office Incidentals Actual expense.

Copies/printing, courier/express delivery fees,
phone calls.

Yes

8.2 CONTRACT ID # A-2526-14
13 EXHIBIT C

INSURANCE REQUIREMENTS
1) Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

TYPE OF INSURANCE MINIMUM LIMITS
Commercial General Liability
Premises Liability; Products and Completed
Operations; Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property Damage
$2,000,000 in the aggregate; Commercial general
coverage shall be at least as broad as Insurance
Services Office Commercial General Liability
occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an
“occurrence” basis
Commercial or Business Automobile
Liability
All owned vehicles, hired or leased
vehicles, non-owned, borrowed and
permissive uses. Personal Automobile
Liability is acceptable for individual
Consultants with no transportation or
hauling related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and Property Damage.

Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability
form CA 0001 (most recent edition), Code 1 (any
auto). No endorsement shall be attached limiting
the coverage.

Workers’ Compensation (WC) and
Employers Liability (EL)
Required for all Consultants with
employees
WC: Statutory Limits
EL: $100,000 per accident for bodily injury or
disease. Consultant 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. The
insurer shall waive all rights of subrogation against
City of Mountain House and its officers, officials,
employees, and volunteers for loss arising from
Work performed under this Agreement
Professional Liability/Errors &
Omissions
Required for all Consultants performing
services with licensed professionals.

Includes endorsements of contractual
liability
$1,000,000 per occurrence
$2,000,000 policy aggregate; Any deductible or
self-insured retention shall not exceed $150,000 per
claim

8.2 CONTRACT ID # A-2526-14
14 2) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a) Term. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all Work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. b) Additional Insured. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Mountain House, its Board of Directors, and all City of Mountain House officers, agents, employees, volunteers and representatives.
c) Primary Insurance. For any claims related to this Agreement or the Work hereunder, the Consultant’s insurance covered shall be primary insurance as respects City of Mountain House, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City of Mountain House, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d) Cancellation. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to City of Mountain House.
e) Certificates of Insurance. Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City of Mountain House, evidencing that all required insurance coverage is in effect. City of Mountain House reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f) Sub-Consultants. Consultant shall include all sub-Consultants as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each sub-Consultant. All coverages for sub-Consultants shall be subject to all of the requirements stated herein.
g) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i) The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the Work, so long as commercially available at reasonable rates.
iii) If coverage is canceled or not renewed and it is not replaced with another claimsmade policy form with a retroactive date that precedes the date of this Agreement,

8.2 CONTRACT ID # A-2526-14
15 Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of Work under this Agreement. iv) A copy of the claim reporting requirements must be submitted to City of Mountain House for review prior to the commencement of any Work under this Agreement.
3) All Policies Requirements. a) Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to City of Mountain House. Acceptance of Consultant’s insurance by City of Mountain House shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant.
b) Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City of Mountain House for the self-insured retentions and deductibles before beginning any of the Work called for by any term of this Agreement.

At the option of City of Mountain House, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City of Mountain House, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to City of Mountain House guaranteeing payment of losses and related investigations, claim administration and defense expenses. c) Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d) Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or Consultant may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all Work performed by Consultant, its employees, agents, and sub-Consultants.
4) Remedies. In addition to any other remedies City of Mountain House may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City of Mountain House may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City of Mountain House may have and are not the exclusive remedy for Consultant’s breach:
a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
b) Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c) Terminate this Agreement.

8.2 TITLE: Adopt a Resolution Authorizing the Pickleball Court Conversion at Central Community Park Project
MEETING DATE: September 25, 2025
PREPARED BY: Doug Louie, Operations and Maintenance Superintendent Jodi Almassy, Deputy City Manager

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE-PW 02-25 under the California Environmental Quality Act (CEQA) for the Pickleball Court Conversion at Central Community Park Project.

2. Approve the Pickleball Court Conversion at Central Community Park Project.

Authorize the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of this resolution.

BACKGROUND
Mountain House currently has one tennis court facility, constructed in 2007, consisting of three regulation-size courts at Central Community Park adjacent to Town Hall.

To help address rising community interest in pickleball, the City launched a program in April 2024 by temporarily converting Court 3 into two pickleball courts during limited weekday hours (Monday - Friday, 8:00 a.m. - 2:00 p.m.). Players provide their own nets and equipment, and outside of designated hours the court remained available for both tennis and pickleball reservations. While the pilot successfully introduced pickleball to Mountain House and confirmed strong demand, it also demonstrated the limitations of shared-use courts and the need for dedicated facilities.

Meanwhile, construction is underway on a new nine-court tennis facility across the street, with completion projected for early spring 2026. Once complete, this facility will ensure continued access to tennis while allowing Central Community Park to transition to fully dedicated pickleball courts.

Pickleball, first created in 1965, has grown rapidly in recent years, becoming the fastest-growing sport in the United States between 2020–2024. Participation now exceeds 13 million players nationwide. Locally, demand has quickly outpaced available facilities, and Mountain House currently has no permanent, dedicated pickleball courts despite consistent requests from residents and recreation groups over the past five years.

8.3 DISCUSSION
The proposed conversion of the three existing tennis courts at Central Community Park into 11 pickleball courts provides the most immediate and cost-effective way to meet community demand.

Court Layout – Each regulation tennis court accommodates up to four pickleball courts, allowing for a total of 11 courts, including a tournament court.

Infrastructure Utilization – The project leverages existing fencing, lighting, and court surfaces to minimize costs and maximize playable space.

Transition Timing – Conversion will occur after completion of the new Providence Street tennis complex in spring 2026, ensuring adequate tennis access remains available.

The project scope of work includes the following:
· Removal of existing net posts and installation of new posts with footings · Replacement of approximately 1,100 LF of joint sealant · Pressure washing and concrete surface preparation
· Application of primer, acrylic surfacing, and two coats of color paint · Layout and striping of 11 pickleball courts, including one tournament court · Furnishing and installation of 11 surface-mounted pickleball post sets, center anchors, nets, and straps
Staff intends to award the project to Champion Courts, Inc. at a cost of just under $100,000. In accordance with the City’s financial policies, contracts of up to $100,000 may be executed administratively by the City Manager without separate City Council approval.

FISCAL IMPACT
The estimated contract cost is just under $100,000. Funding is available in the current fiscal year Parks operations budget.

Because the contract amount is within the City Manager’s signature authority, no further Council action is required for contract execution.

8.3 STRATEGIC PLAN
This project advances the City Council’s adopted Strategic Plan (April 9, 2025) under the following priority areas:
· Quality of Life & Community Amenities – Enhances recreational opportunities by responding to resident demand for diverse, accessible facilities.
· Responsive Government – Demonstrates responsiveness to community input by adapting existing infrastructure to meet evolving recreation needs.
· Financial Sustainability – Maximizes the value of existing facilities while limiting new capital expenditures through cost-efficient conversion.

CEQA
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Guidelines (Existing Facilities). The project involves minor alterations to existing public recreational facilities with no expansion of use, and therefore will not result in a significant environmental impact.

Adoption of the resolution will approve the filing of Notice of Exemption No. NOE-PW 02-25 for the Pickleball Court Conversion at Central Community Park Project.

ACTION FOLLOWING CITY COUNCIL APPROVAL
If the Council approves this item, staff will:
· File the Notice of Exemption (NOE-PW 02-25) with the San Joaquin County Clerk. · Coordinate with Champion Courts, Inc. to finalize contract execution. · Schedule construction work to commence following completion of the Providence Street Tennis Complex in spring 2026.

ATTACHMENTS
A. Proposed Resolution

8.3 · Exhibit 1 to Attachment A – Notice of Exemption No. NOE-PW 02-25

8.3 ATTACHMENT A
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE APPROVING NOTICE OF EXEMPTION NO. NOE-PW 02-25 UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND

AUTHORIZING THE PICKLEBALL COURT CONVERSION AT CENTRAL COMMUNITY PARK PROJECT WHEREAS, the City of Mountain House currently maintains a three-court tennis facility at Central Community Park, constructed in 2007 adjacent to Town Hall; and WHEREAS, the City is constructing a new nine-court tennis facility on Providence Street, projected for completion in early spring 2026, ensuring continued access to tennis facilities within the community; and
WHEREAS, pickleball has experienced rapid national and local growth, with participation exceeding 13 million players nationwide, and Mountain House currently has no dedicated pickleball courts; and
WHEREAS, over the past five years, staff has received consistent requests from residents and recreation groups for dedicated pickleball facilities; and WHEREAS, the proposed project will convert three existing tennis courts at Central Community Park into twelve pickleball courts, utilizing existing fencing, lighting, and surfaces to provide a costeffective and efficient means of meeting community demand; and WHEREAS, the project scope includes removal and replacement of posts, resurfacing, sealing, painting, striping, and installation of eleven pickleball court systems; and WHEREAS, the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Guidelines (Existing Facilities), as the project involves minor alterations to existing public recreational facilities with no expansion of use, and no unusual circumstances exist that would result in a significant environmental effect; and
WHEREAS, Staff has prepared and recommends approval of Notice of Exemption No. NOE-PW 02- 25 documenting this exemption; and
WHEREAS, the City Council desires to approve the Pickleball Court Conversion at Central Community Park Project and authorize the City Manager to take all necessary actions to implement the project consistent with this resolution.

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

1. CEQA Compliance. The City Council hereby finds and determines that the Pickleball Court Conversion at Central Community Park Project is categorically exempt from CEQA pursuant to Section 15301(c) of the CEQA Guidelines (Existing Facilities).

8.3