Mountain House City Council
July 22, 2026

AGENDA
Wednesday, July 22, 2026 7:00 PM
Mountain House City Council
Mountain House Town Hall
251 East Main Street, Mountain House, CA 95391

CITY COUNCIL

ANDY SU
Mayor

RONNA GREEN
Vice Mayor
Council Members

MATT DISKO BERNICE KING TINGLE DANIEL HARRISON

ADMINISTRATION
STEVEN J. PINKERTON
City Manager

JOHN BAKKER
City Attorney

MARGARET WIMBERLY
City Clerk
This City Council meeting will be livestreamed on the City’s website at: Agendas, Minutes, Archives & Live Streaming | Mountain House, CA and on the City's YouTube channel at City of Mountain House - YouTube
Members of the public have the option of giving public comment in person or via two-way telephonic service. Additional information about providing public comment via two-way telephonic service can be found at the end of this agenda.

Two-way telephonic service dial-in and link:  https://us02web.zoom.us/j/87904266643 Join from PC, Mac, iPad, or Android:

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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

1. 2.

3. 4.

5. 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
Recognition of Jocelyn Komensen, Mountain House Resident, on the publication of her book, LEO and HIS BIG MISTAKES.

Recognition of outgoing Youth Action Committee (YAC) Council member
Update on the Youth Action Committee Meeting
Update from Lammersville Unified School District
Recognition of Mountain House Fire Department Engineer Christina Barsamian for her dedicated service as a support K-9 handler with K-9 Moose
A Proclamation Proclaiming July as Parks and Recreation Month Presentation on the Public Safety Monthly Report from Rank Security, Code Enforcement, Mountain House Police Services provided by the San Joaquin County Sheriff’s Office, and Mountain House Fire Department and Emergency Medical Services presented by the French Camp Fire Department.

Public Safety Security Report Page 7
Police Services Public Safety Report Page 10
Mountain House Fire Department Page 17
Code Enforcement Report Page 22

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 may request removal of an item from the consent calendar for discussion.

6. 6.1

6.2 6.3

6.4 6.5

6.6 6.7

6.7.1 6.7.2

6.7.3 6.7.4

7. City Council Agenda Wednesday, July 22, 2026
Mountain House                                               Page 2 of 741 Minutes of June 9, 2026 Page 25
Receive and File the Quarterly Investment Report Page 34 Staff recommends that the City Council receive and file this quarterly investment report.

List of Recent Contracts under the City Manager Signature Authority Page 41 Transition of Maintenance Services for the City's Community Camera System

Staff recommends that the City Council adopt a resolution authorizing the City Manager to transition maintenance services for the City's community camera system by terminating Agreement A-2425-44 with Edgeworth Integration, LLC and taking all actions necessary to implement the transition and carry out the purpose and intent of this resolution.

Approval of Managed Services and Maintenance Agreement A-2627-16 with ezWave Inc. for the City's Community Camera System

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

Execute Agreement A-2627-16 with ezWave Inc. for managed services and maintenance of the City's community camera system for an initial three-year term ending June 30, 2029, in an amount not to exceed $183,000.

1. Exercise one optional two-year extension, subject to annual rate adjustment provisions, in an amount not to exceed $150,000.

2. Approve a change order contingency of up to $25,000 for future camera locations, equipment additions, and associated maintenance services, for a total authorized agreement amount, including the optional extension and contingency, not to exceed $358,000.

3. Approve amendments, annual rate adjustments, and term extensions consistent with the authority established by the resolution.

4. Execute the agreement and any minor, non-substantive revisions approved by the City Attorney and Risk Management.

5. 6. Take all actions necessary to carry out the purpose and intent of the resolution.

Adopt a Resolution Approving Amendment No. 1 to Agreement A-2526- 47 with Black Water Consulting Engineers, Inc.

Staff recommends that the City Council adopt a resolution:

Authorizing the City Manager to execute Amendment No. 1 to Agreement A-2526-47 with Black Water Consulting Engineers, Inc. to add Commercial, Industrial, and Institutional Landscape Area Measurement and Land Use Classification Dataset (CIILAM-LUCD) compliance reporting services.

1. 2. Increasing the agreement amount by $25,361, from $160,112 to $185,473.

Authorizing the City Manager to execute the amendment and any minor, nonsubstantive revisions approved by the City Attorney and Risk Management.3.

4. Authorizing the City Manager to take all actions necessary to carry out the purpose

7.1 7.2

7.3 7.4

7.5 7.6
City Council Agenda Wednesday, July 22, 2026
Mountain House                                               Page 3 of 741 and intent of this resolution.

Adopt a Resolution Electing to Become Subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA)

Staff recommends that the City Council adopt a resolution electing to become subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) and authorize the City Manager, or designee, to take all actions necessary to carry out the purpose and intent of the resolution.

Adopt a Resolution approving a Professional Services Agreement with MoreThanTalk LLC for Communications Specialist Services

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

Execute a Professional Services Agreement with MoreThanTalk LLC for Communications Specialist Services for an initial one-year term commencing upon execution through June 30, 2027, in an amount not to exceed $55,000.

1. Approve agreement amendments, annual rate adjustments, and exercise optional term extensions as authorized by the resolution.

2. Execute the agreement and any non-substantive revisions approved by the City Attorney.

3. 4. Take all actions necessary to carry out the purpose and intent of the Resolution.

Second Reading of an Ordinance Adding Chapter 2 of Division 2 of Title 5, Relating to Construction, Demolition and Landscaping Debris Recycling and Diversion, and Adding Section 8-1-118, Relating to CALGreen Recycling Requirements

Staff recommends that the City Council waive the second full reading and adopt an Ordinance Adding Chapter 2 of Division 2 of Title 5, Relating to Construction, Demolition and Landscaping Debris Recycling and Diversion, and Adding Section 8-1-118, Relating to CALGreen Recycling Requirements.

CITY COUNCIL POLICY AND ACTION ITEMS
Approve Resolution Placing Delinquent Utility Account Service Charges on the Property Tax Roll

Staff recommends that the City Council approve a resolution to place delinquent utility account service charges on the San Joaquin County property tax roll for fiscal year 2026/2027.

Public Hearing and Adoption of the 2025 Urban Water Management Plan and Water Shortage Contingency Plan

Staff recommends that the City Council:

Conduct a public hearing to receive comments on the public draft 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan.

1. 2. Adopt a resolution approving and adopting the 2025 Urban Water Management Plan.

7.7 7.8

7.9 8.

8.1 8.2
City Council Agenda Wednesday, July 22, 2026
Mountain House                                               Page 4 of 741 Adopt a resolution approving and adopting the 2025 Water Shortage Contingency Plan.

3. Authorize the City Manager, or designee, to submit the adopted 2025 Urban Water Management Plan and Water Shortage Contingency Plan to the California Department of Water Resources and complete all required filings.

4. CITY COUNCIL DISCUSSION ITEMS
Neighborhood Park Restroom Project Update and Procurement Direction

Altamont Park Playground Replacement Project Update Page 685 General Plan Status Update Page 696
Preview of Changes in Land Use Designations Requested by Mountain House Developers at Six Locations North of Byron Road

Red Light Camera Update Page 720
City Manager’s Update Page 722

FUTURE AGENDA ITEMS
Report of Future Agenda Items and Long-Range Calendar Page 738

COUNCIL COMMENTS

CITY ATTORNEY COMMENTS

CITY MANAGER COMMENTS

CLOSED SESSION
Open Session Disclosure of Items to be Discussed in Closed Session Pursuant to Government Code Section 54957.7

RECESS TO CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS
(Government Code section 54957.6)
Agency Designated Representative: Joe Kriskovich, Labor Relations Consultant Employee Organization: SEIU Local 1021

9. 9.1

9.2 9.3

9.4 9.5

9.6 10.

10.1 11.

12. 13.

14. 14.1

14.2 14.2.1
City Council Agenda Wednesday, July 22, 2026
Mountain House                                               Page 5 of 741

RECONVENE IN OPEN SESSION
Public Report of Reportable Action Taken in Closed Session Pursuant to Government Code § 54957.1

ADJOURNMENT
Procedure for Public Comment Via Two-Way Telephonic Service Members of the public can indicate that they wish to make public comment virtually by two-way telephonic service. The telephonic dial-in (call-in) number and link are published above.

Dial into the telephonic option or click on the link on this agenda and join the meeting.

When the Mayor announces the beginning of the item, use the raise-hand feature to indicate a desire to make public comment on that item. Requests must be made before the staff presentation on an agenda item ends, or before the public comment period on non-agenda items is closed. To raise a hand on the telephone, press *9;  to lower your hand press *9.
○
When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. In person public comment will be taken first, then those with hands raised on the two-way telephonic service. The speaker will be unmuted to give public comment via Zoom. If connected via telephone, press *6 on the phone's dial pad to unmute the line when prompted.
○
•
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 July 17, 2026, 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.

14.3 15.

City Council Agenda Wednesday, July 22, 2026
Mountain House                                               Page 6 of 741 Public Safety
Staff Report
TITLE: Public Safety Security Report
MEETING DATE: July 22, 2026
PREPARED BY: Anthony De Frenchi, Captain
SUBJECT: Public Safety Security Update on Recent Incidents and Initiatives

RECOMMENDATION:

It is recommended that the City Council receive this report on Public Safety Security activities for May and June 2026.

EXECUTIVE SUMMARY:

This report summarizes Public Safety Security activities for May and June 2026. During the reporting period, officers documented more than 2,160 incidents, including 1,101 in May and 1,062 in June, while continuing to provide proactive patrols, facility security, traffic control, and support for Police, Fire, and City operations.

Public Safety Security personnel also supported several community events, including the Kite Festival, Bike Rodeo, Music in the Park, and Juneteenth Celebration.

Public Safety Security additionally supported emergency operations during the June 11, 2026, Medline warehouse fire.

ANALYSIS:

Officer Activity
The table below summarizes documented officer activity for April through June 2026 (N/R – Not Reported). Overall activity remained consistent between May and June, reflecting stable demand for Public Safety Security services. Routine patrol and security activities continued to represent the majority of officer workload, with security checks, vacation checks, park restroom inspections, Town Hall checks, and parking enforcement accounting for the largest categories of documented activity. Vacation checks increased significantly in June, reflecting seasonal resident requests during the summer travel period.

Item 6.7.1
Mountain House                                               Page 7 of 741 2 Specific Incident Documentation (SID) June 2026 May 2026 April 2026 Suspicious Person 3 1 1
Suspicious Vehicle 5 6 8
Occupied Vehicle Welfare Check 1 2 2
Alarm Calls 3 6 13
Fire Calls 6 3 5
Disabled Vehicle 1 1 3
Town Hall Checks 50 59 69
Assist Other Agency 7 5 N/R
Extra Patrol Checks 25 41 3
Animal Calls N/R 1 2
Trespassing 4 4 7
Collision with Unknown Injury 2 2 3
Collision without Injury 1 2 1
Collision with Injury 1 0 0
Citizen Assist 8 10 0
Assist with School Crossing N/R 58 69
Security Checks 537 595 619
Open Gates 26 20 74
Park Restroom Checks 124 133 137
Park Hours 2 2 0
Vacation Checks 140 25 74
Parking Citations 116 125 0
Total Documented Incidents 1,062 1,101 1,090
Community Events
Public Safety Security supported several community events during the reporting period by providing traffic control, road closures, and on-site public safety services while continuing to provide routine patrol services throughout the community.

Item 6.7.1
Mountain House                                               Page 8 of 741 3 Event Officers
Assigned
Kite Festival 4
Bike Rodeo 3
Music in the Park 4
Juneteenth Celebration 6
Significant Incident
On June 11, 2026, Public Safety Security supported emergency response operations during the Medline Industrial warehouse fire. Officers were assigned to traffic control at the International Parkway off-ramp, assisted with road closures, and maintained a fire watch for potential spot fires caused by airborne embers throughout the incident.

PUBLIC SAFETY INITIATIVES:

Public Safety Security continues to meet regularly with Police Services, Fire, Community Preservation, and the Recreation Department to coordinate daily operations, special events, emergency response, and other community safety initiatives.

ATTACHMENTS:

None.

Item 6.7.1
Mountain House                                               Page 9 of 741 Public Safety
Staff Report
TITLE: Police Services Public Safety Report
MEETING DATE: July 22, 2026
PREPARED BY: Lieutenant N. Taiariol
SUBJECT: Police Services Update on Recent Incidents and Initiatives

RECOMMENDATION:

It is recommended that the City Council receive this report on recent Police Services activities.

EXECUTIVE SUMMARY:

This report summarizes Mountain House Police Services activities for June 2026, including calls for service, proactive traffic enforcement, significant incidents, and department initiatives.

During June, deputies responded to 359 calls for service, maintained proactive traffic enforcement efforts through 164 traffic stops, and continued to focus on traffic safety throughout the community. There were no reported violent crimes during the reporting period.

Police Services also supported mutual aid operations during the June 11, 2026, Medline warehouse fire in Tracy.

ANALYSIS:

Overall Activity
Overall public safety activity remained consistent with recent months. Calls for service declined from May but remained above April levels. Deputies continued to emphasize proactive traffic enforcement while responding to routine service calls throughout the community.

Calls for Service and Enforcement Activity
The table below summarizes Police Services activity for April through June 2026. Overall activity remained stable during the reporting period, with continued emphasis on proactive traffic enforcement and routine patrol operations.

Category April 2026 May 2026 June 2026
Item 6.7.2
Mountain House                                               Page 10 of 741 2 Total MH Police Services Incidents 345 437 359
Property Crimes 6 6 5
Violent Crimes 0 0 0
Other Assaults 8 2 3
Traffic Stops 244 189 164
Traffic Citations Issued 215 165 133
Traffic Violations Cited (Total) 268 214 156
Moving Violations — 137 114
• Speed-Related Violations — 77 32
• Stop-Related Violations — 48 61
Parking Citations Issued 11 69 155
Vehicle Collisions 11 16 11
DUI Arrests 1 1 0
Outside Agency Assists 6 3 1
Helmet Citations 1 5 0
Physical Arrests 9 6 5
Reports Taken (Documented) 66 66 52
Traffic Safety
Traffic enforcement remained a primary focus during the reporting period. Deputies conducted 164 traffic stops, issued 133 traffic citations, investigated 11 vehicle collisions, and issued 155 parking citations during June. Additional traffic enforcement statistics are provided in Attachment B.

Significant Incident
On June 11, 2026, Mountain House Police Services responded to the Medline warehouse fire in Tracy after receiving multiple reports from residents who initially believed the fire was located on Mountain House Parkway. Deputies provided mutual aid assistance to Tracy Police Department and fire personnel in support of emergency response operations.

Equipment and Facility Updates
Two new marked Chevrolet Silverado patrol trucks were placed into service during the reporting period, enhancing the department's patrol fleet and operational capabilities.

Public Safety Reminders
• Lock vehicles and residences and remove valuables from vehicles.

Item 6.7.2
Mountain House                                               Page 11 of 741 3 • Obey all traffic laws and traffic control devices when operating bicycles, e-bikes, and scooters. • Unregistered motorized dirt bikes and off-highway vehicles are prohibited on public streets and are subject to citation and towing.

PUBLIC SAFETY INITIATIVES:

Mountain House Police Services continues to collaborate with Public Safety Security, Fire, Community Preservation, the San Joaquin County Sheriff's Office, and other partner agencies to support emergency response, traffic safety, community events, and public outreach.

ATTACHMENTS:

Attachment A – San Joaquin County Sheriff's Office Mountain House Data Attachment B – California Vehicle Code Violations
Item 6.7.2
Mountain House                                               Page 12 of 741 Item 6.7.2
Mountain House                                               Page 13 of 741

FOR OFFICIAL USE ONLY
The items contained are only the information known at the time of the entry and are subject to change at any circumstance. 1 of 1
24 12
11 5
10 12
6 4
9 6
7 9
4 3
12 9
6 5
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec

ARRESTS
2025 2026
CALLS FOR SERVICE June 1st, 2026 – June 30th, 2026

SELF-INITIATED

ACTIVITIES (SIA)
2026
YTD
JUNE
2026
MAY
2026
JUNE
2025
Area Check 1086 191 134 77
Subject Stop 10 1 3 2
Traffic Stop 955 32 24 42
TOTAL 2051 224 161 121

CALLS FOR SERVICE YTD
‘26
June
‘26
May
‘26
June
‘25

REPORTS
June ‘26
UCR Part 1 35 5 6 15 2
Violent Crime 0 0 0 0 0
Homicide 0 0 0 0 0
Forcible Rape 0 0 0 0 0
Robbery 0 0 0 0 0
Aggravated
Assault 0 0 0 0 0
Property Crime 35 5 6 15 2
Burglary 2 0 0 5 0
Larceny Theft 30 3 4 6 1
Auto Theft 3 2 2 4 1
Arson 0 0 0 0 0
UCR Part 2 481 98 111 97 33
Other Assaults 24 3 2 6 3
Forgery 0 0 0 0 0
Fraud 23 3 8 8 1
Embezzlement 0 0 0 0 0
Stolen Property 1 0 1 0 0
Vandalism 18 4 5 1 0
Weapons 1 1 0 0 0
Prostitution / VICE 0 0 0 1 0
Sex Offense 9 1 0 1 1
Drug 2 1 0 0 0
Gambling 0 0 0 0 0
Family / Children 4 0 3 0 0
DUI 7 0 1 2 0
Liquor Laws 0 0 0 0 0
Drunkenness 4 0 1 0 0
Disorderly Cond. 70 11 13 18 3
Vagrancy 149 41 36 35 8
All Other Offenses 136 29 34 20 14
Suspicion 0 0 0 0 0
Curfew & Loitering 23 2 3 5 1
Runaways 10 2 4 0 2
Mentally Disturbed 11 1 2 2 1
Alarms 320 54 50 82 47
Warrant 1 1 1 0 0
Traffic 563 61 121 97 95
AOA 48 1 3 14 0
Invest. Activity 360 37 42 71 3
Pursuit 1 0 0 0 0
Miscellaneous 852 101 101 300 13
TOTAL 2672 359 437 678 194
119 115 123 131 126 121
93 92
117 115 117
103
0 50
100
150
Jul-25
Aug-25
Sep-25
Oct-25
Nov-25
Dec-25
Jan-26
Feb-26
Mar-26
Apr-26
May-26
Jun-26
UCR PART 1 & 2 CFS BY MONTH: 2026
Monthly Count 5-year average
SAN JOAQUIN COUNTY SHERIFF’S OFFICE

RESEARCH & INTELLIGENCE DIVISION

CITY COUNCIL - MOUNTAIN HOUSE

TRAFFIC

RELATED
June
‘26
May
‘26
June
‘25
YTD
‘26
Traffic Stops – No Cite 31 24 39 190
Traffic Cites 133 165 48 833
Citations – No Bicycle
Helmet 0 5 0 1
Parking Cites 155 69 15 406
Citations – Stop
Violations 24 24 7 62
Vehicle Accidents 11 16 18 64
Towing 4 2 9 11
Item 6.7.2
Mountain House                                               Page 14 of 741 Violation Totals
Violation:

Total Violations:
22350 SPEEDING 73 4000(a)(1) Expired Registration / Incomplete Registration 28 22450(a) STOP SIGN 17 38300 DISOB SIGN PUBLIC LD 16 16028(a) PROOF OF INSURANCE 16 12500(a) Unlicensed Driver 6 TINTED WINDOWS Suspended/Revoked License - Prior DUI Driver Yield to Ped. in Cross Walk LICENSE PLATE(S) MISSING LESS THAN 18 BIKE HELMET REQ RED LIGHT 26708(a)(1) 14601.2(a) 21950(a) 5200(a) 21212(a) 21453(a) 2 5 5
4 4
3 PROOF OF INSURANCE Traffic Control Signs Texting while driving LIGHTING DURING DARK Defective Lighting Device BRAKE LIGHTS 16020(a) 21461(a) 23123.5(a) 24250 24252(a) 24603(f) 2 2 2
2 2
2 CLR OF LGTS AND REFLCTRS NO SEAT BELT OVER 16 YRS OLD/ DRIVER CITE NO SEAT BELT OVER 16 YRS OLD/ PASSENGER CITE TIRE TREAD DEPTH EVID OF REG TO OFFCR Suspended CDL 25950(a) 27315(d)(1) 27315(e) 27465(b)(2) 4462(a) 14601.1(a) 1 2 1
1 1
1 Excess of 25 In School IMPEDE TRAFFIC FLOW SPEED VIOLATION PASS SCHL BUS W/ FLASHING RED LIGHTS Cell Phone in use STOP LAMPS 22352(b)(2) 22400(a) 22405(a) 22454(a) 23123(a) 24603(a) 1 1 1
1 1
1 YIELD RIGHT OF WAY FAILURE TO MOVE OVER EMERGENCY VEH/ VEH WITH HAZARD LIGHTS ON LF OR U-TURN FROM IMPROPER POSITION MARKINGS/SIGNS TURNING Unsafe Turning / Fail to Signal SPEEDING (65 MAX) 21803(b) 21809(a)(1) 22100(b) 22101(d) 22107 22349(a) 1 1 1
1 1
1 No License in Possession VIOL OF RESTRICTION RED/STOP VEHICULAR STOP SIGN 12951(a) 14603 21453(b) 21455 1 1 1
1

Item 6.7.2
Mountain House                                               Page 15 of 741 Item 6.7.2
Mountain House                                               Page 16 of 741 Public Safety
Staff Report
TITLE: Mountain House Fire Department
MEETING DATE: July 22, 2026
PREPARED BY: Marty Cornilsen, Fire Chief
SUBJECT: Public Safety Report

RECOMMENDATION:

It is recommended that the City Council receive this report on Mountain House Fire Department activities for May and June 2026.

EXECUTIVE SUMMARY:

During May and June 2026, the Mountain House Fire Department responded to 227 calls for service while continuing to provide emergency response, regional mutual aid, firefighter training, and community outreach. A detailed response time report will be presented separately to the City Council.

The Department continued its Firefighter Academy by training and mentoring five firefighter candidates preparing to serve the community.

Department personnel and apparatus also provided mutual aid during two significant regional incidents, the three-alarm Yettner vegetation fire and the eight-alarm Medline warehouse fire, while maintaining emergency response coverage within Mountain House.

On July 16, 2026, the Department hosted a Badge Pinning and Promotion Ceremony recognizing the accomplishments and promotions of Department personnel.

ANALYSIS:

Overall Activity
Overall call volume increased during both reporting months compared to the same periods in 2025.

Emergency medical service (EMS) incidents continued to represent the largest portion of the Department's workload, followed by false alarms, service calls, and fire responses.

Item 6.7.3
Mountain House                                               Page 17 of 741 2 Incident Activity
The following tables summarize incident activity for May and June 2026 and provide comparisons with both the prior month and the same month in 2025.

Incident Type May 2026 April 2026 May 2025
EMS 54 53 61
Fire 8 5 3
Service Calls 15 10 5
False Alarms 19 13 10
Mutual Aid 4 5 0
Traffic Accidents 1 4 6
Water Rescue 1 0 0
Total Calls 102 90 85
Incident Type June 2026 May 2026 June 2025
EMS 57 54 50
Fire 18 8 5
Service Calls 13 15 11
False Alarms 24 19 7
Mutual Aid 7 4 5
Traffic Accidents 5 1 4
Water Rescue 1 1 2
Total Calls 125 102 84
Regional Mutual Aid
During the reporting period, Mountain House Fire personnel responded to two major regional mutual aid incidents:
• Yettner Vegetation Fire – Three-alarm vegetation fire • Medline Warehouse Fire – Eight-alarm commercial warehouse fire in Tracy In both incidents, the Department provided regional support while maintaining emergency response coverage within Mountain House.

Item 6.7.3
Mountain House                                               Page 18 of 741 3 Training
Department personnel completed a total of 2,038 training hours during May and June, reflecting the Department's continued emphasis on operational readiness and professional development.

Mountain House Fire Department recently hosted a Nozzle and Water Flow class with the assistance of Elkhart Brass. Personnel from several surrounding agencies attended, including Escalon Fire Department, Farmington Fire Department, Twain Harte Fire Department, French Camp Fire Department, and Mountain House Fire Department personnel.

Captain DuBurg also attended San Joaquin County Drone Operation Group (SJDOG) training in Lockeford focused on search and rescue operations.

Equipment & Facility Updates
Repainting of Fire Station 1, including the exterior and apparatus floor, has been completed. Roof repairs remain underway as part of the Department's ongoing facility maintenance program.

PUBLIC SAFETY INITIATIVES:

Community Outreach
Fire Department personnel participated in several community education and outreach events during May and June, including:
• May 9 – Mountain House Kite Festival
• May 12 – Mountain House High School Heart Club CPR class for 24 students • May 16 – Rotary Club Mother's Day Luncheon
• May 26 – Hansen Elementary Field Day engine tour
• May 27 – Veterans Memorial ribbon cutting
• June 20 – Juneteenth Celebration at Central Park
• June 21 – Hayward Fire Department "Smash for Cash" Demolition Derby fundraiser • June 25 – YAC Summer Program: Stop the Bleed, CPR, and engine tour Summer Safety Reminder
Summer is here, and that means more time in and around pools. A few simple precautions can help prevent drowning incidents:
• Always keep children within arm's reach in or near water and never leave them unattended. • Designate a responsible "Water Watcher" and avoid distractions such as cell phones. • Secure pools with a four-sided fence and self-closing, self-latching gates to prevent unsupervised access.
• Enroll children in swimming lessons and ensure adults know CPR.

Item 6.7.3
Mountain House                                               Page 19 of 741 4 ATTACHMENTS:

Attachment A – Community Outreach Photos
Item 6.7.3
Mountain House                                               Page 20 of 741 May – June 2026
Item 6.7.3
Mountain House                                               Page 21 of 741 Public Safety
Staff Report
TITLE: Code Enforcement Report
MEETING DATE: July 22, 2026
PREPARED BY: Cedric Hathorn, Sr. Inspection/Code Enforcement Officer SUBJECT: Monthly Code Enforcement Report

RECOMMENDATION:

It is recommended that the City Council receive this report on recent Code Enforcement activities.

EXECUTIVE SUMMARY:

Overall Activity
The City's Code Enforcement Program promotes neighborhood preservation, public safety, and compliance with the Mountain House Municipal Code and Master Restrictions. Staff responds to resident service requests, proactively identifies violations, educates property owners, and pursues enforcement when voluntary compliance cannot be achieved. This report summarizes Code Enforcement activity for June 2026 and year-to-date trends.

Overall Code Enforcement activity during June remained consistent with year-to-date trends. Landscape maintenance continued to generate the largest number of service requests, followed by Master Restrictions violations and municipal code issues.

Approximately 92% of all cases opened in 2026 have been resolved (417 of 451), demonstrating timely response and case management. Staff continued to emphasize education and voluntary compliance, with most issues resolved before formal enforcement became necessary.

Code Enforcement Activity
Total GoGov Requests / Cases June
Count
YTD
Count
Opened 98 451
Closed 69 417
Service Request Trends
Item 6.7.4
Mountain House                                               Page 22 of 741 2 The majority of requests involved homeowner landscape maintenance, which represented approximately 60% of all reported service requests during June. Landscape maintenance continued to represent approximately two-thirds of all service requests year-to-date. Staff also addressed Master Restrictions violations, illegal signs, illegal dumping, and other municipal code concerns.

Violation Type June
Count
YTD
Count
Illegal Signs / Dumping / Municipal Code Violations 11 48 Master Restrictions Violations 19 100
Homeowner Landscape Issues 49 288
Water-Related Issues 2 6
Total 81 442
Enforcement Activity
Code Enforcement continues to prioritize education and voluntary compliance. During June, most cases were resolved through communication with property owners and administrative follow-up before citations became necessary. No administrative citations were appealed during the reporting period or year-to-date. Education and warnings continue to be the primary enforcement tools, accounting for approximately 84% of enforcement actions year-to-date. Citations are used only when voluntary compliance is not achieved.

Action June
Count
YTD
Count
Property / Landscaping Warnings (No Fine) 13 166
Property / Landscaping Citations (With Fine) 12 32
Appeals 0 0
Master Restrictions Permit Activity
Separate from enforcement activities, staff also reviewed homeowner requests for property modifications requiring approval under the City's Master Restrictions. Nearly all homeowner property modification requests continue to be approved, with 34 of 35 requests (97%) approved year-to-date.

Activity June
Count
YTD
Count
Property Change Permits – Approved 4 34
Property Change Permits – Denied 0 1
Property Change Permits – Pending 0 0
Total Requests 4 35
Item 6.7.4
Mountain House                                               Page 23 of 741 3 ATTACHMENTS
None.

Item 6.7.4
Mountain House                                               Page 24 of 741

CITY COUNCIL

MINUTES
Tuesday, June 09, 2026

Present:

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

1. CALL TO ORDER AND ROLL CALL
Mayor Su called the meeting to order at 7:01 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 Tingle
Motion to approve the agenda as submitted by staff. Motion carried unanimously with Council Members Disko, Green, Harrison, Tingle, and Mayor Su in favor.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

5. PUBLIC COMMENTS
Item 7.1
Mountain House                                               Page 25 of 741 None.

6. RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS

6.1 Update from the Lammersville Unified School District Stephanie Olsen, Board Clerk, presented an update from Lammersville Unified School District.

6.2 Update from City Appointee Linda Selvidge on the San Joaquin County Mosquito and Vector Control District
Linda Selvidge, Trustee for the San Joaquin County Mosquito and Vector Control District, provided an update to the City Council.

6.3 Recognition of Mountain House Fire Department Engineer Christina Barsamian for her dedicated service as a support K-9 handler with K-9 Moose Thisitem was continued to July 22, 2026.

6.4 Update from Public Safety Department on Fireworks Enforcement and Seasonal Safety Efforts
Rex Osborn, Public Safety Consultant, provided an update on Fireworks Enforcement and safety efforts.

7. 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 may request removal of an item from the consent calendar for discussion.

Motion: Council Member Disko
Second: Council Member Tingle
Motion to approve the Consent Calendar as presented by staff, excepting 7.4 which was pulled for discussion. Motion carried unanimously with Council Members Disko, Green, Harrison, Tingle, and Mayor Su in favor.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

7.1 Minutes of May 27, 2026
Item 7.1
Mountain House                                               Page 26 of 741

7.2 Monthly Financial Report as of April 2026

7.3 Adopt a Resolution Consolidating the November 2026 General Municipal Election with San Joaquin County and Requesting Election Services from the County Registrar of Voters; and Adopt a Resolution Setting Regulations for Candidate Statements
Motion: Council Member Disko
Second: Council Member Tingle
The City Council adopted a Resolution 2026-44 declaring a General Municipal Election to be held on November 3, 2026, requesting consolidation with other elections on the same date, and requesting election services from the San Joaquin County Registrar of Voters; and Resolution 2026-45 setting the regulations and costs for filing Candidate Statements.

Vote: Carried

7.5 Adopt a Resolution Approving the Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account (RMRA) Project List Funded by Senate Bill 1 (SB 1) Motion: Council Member Disko
Second: Council Member Tingle
The City Council adopted Resolution 2026-47 approving the Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account (RMRA) project list funded by Senate Bill 1 (SB 1), including new roadway maintenance projects and the relisting of previously approved multi-year projects that may continue utilizing RMRA funding.

Vote: Carried

7.6 Consider Appointments to the League of California Cities Central Valley Division Executive Board
Motion: Council Member Disko
Second: Council Member Tingle
Staff recommends that the Mayor, with the concurrence of the City Council, appoint Mayor Andy Su to the League of California Cities Central Valley Division Board with Vice Mayor Green and Council Member Disko as alternates.

Vote: Carried

7.7 Approval of Consultant Agreement with J.B. Anderson Land Use Planning for OnCall Professional Planning and Environmental Services Motion: Council Member Disko
Second: Council Member Tingle
The City Council adopted resolution 2026-48 authorizing the City Manager to:

1. Execute a Consultant Agreement with J.B. Anderson Land Use Planning for On-Call Professional Planning and Environmental Services for an initial three-year term from Item 7.1
Mountain House                                               Page 27 of 741 July 1, 2026 through June 30, 2029, in an amount not-to-exceed $2,625,000.

2. Exercise one optional two-year extension under the same terms and conditions, subject to the agreement's annual rate adjustment provisions, in an amount not-toexceed $875,000 annually, for an additional amount not-to-exceed $1,750,000.

3. Approve agreement amendments, annual rate adjustments, and exercise term extensions consistent with the authority established by the resolution, for a total potential agreement amount not-to-exceed $4,375,000.

4. Execute the Consultant Agreement and any minor revisions or non-substantive modifications approved by the City Attorney and Risk Management.

5. Take all actions necessary to carry out the purpose and intent of this Resolution.

Vote: Carried

7.8 Ordinance Adding Chapter 2 of Division 2 of Title 5 (Construction, Demolition and Landscaping Debris Recycling and Diversion) and Section 8-1-118 (CALGreen Recycling Requirements)
Motion: Council Member Disko
Second: Council Member Tingle
The City Council introduce and waived the first reading of Ordinance 2026-03 Adding Chapter 2 of Division 2 of Title 5, Relating to Construction, Demolition and Landscaping Debris Recycling and Diversion, and Adding Section 8-1-118, Relating to CALGreen Recycling Requirements.

Vote: Carried

7.4 Approval of a Consultant Agreement with Madill Enterprises, Inc., dba Advanced Property Services for Janitorial Services
Motion: Vice Mayor Green
Second: Council Member Disko
The City Council adopt Resolution 2026-46 authorizing the City Manager to:

1. Execute a Consultant Agreement with Madill Enterprises, Inc., dba Advanced Property Services for janitorial services for City-owned facilities for an initial threeyear term commencing July 1, 2026, and ending June 30, 2029, in an amount not-toexceed $897,010.08.

2. Approve annual rate adjustments beginning July 1, 2027, limited to the lesser of the Consumer Price Index (CPI) or three percent (3%) per year.

3. Authorize the exercise of the Agreement's first optional two-year extension for the period July 1, 2029, through June 30, 2031, under the same rates, terms, and conditions.

4. Authorize the exercise of the Agreement's second optional two-year extension for the period July 1, 2031, through June 30, 2033, under the same rates, terms, and conditions.

Item 7.1
Mountain House                                               Page 28 of 741

5. Increase the total agreement amount by up to ten percent (10%), or $89,701, for unforeseen operational needs, emergency cleaning services, future facility additions, and related janitorial service requirements.

6. Execute the Consultant Agreement and any minor revisions or non-substantive modifications approved by the City Attorney and Risk Management.

7. Take all actions necessary to carry out the purpose and intent of this Resolution.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8. JOINT MHCSD/CITY COUNCIL POLICY AND ACTION ITEMS

8.1 Approve Resolution Electing to Collect Delinquent Utility Account Service Charges on the Property Tax Roll
Following the presentation of the staff report, Mayor Su opened the public comment period. There being no one wishing to speak the public comment period was closed.

The City Council:

1. Adopted a resolution 2026-49 electing, by a two-thirds vote, to collect delinquent utility account service charges on the San Joaquin County property tax roll beginning with fiscal year 2026/2027; and

2. Direct staff to prepare the written report of delinquent accounts, file it with the City Clerk, give the required notice, and schedule the public hearing described in this staff report.

8.2 Approval of Annual Engineer’s Reports and Confirmation of Assessments for Consolidated Landscape Maintenance Assessment Districts Following the presentation of the staff report, Mayor Su opened the public hearing. There being no one wishing to speak the public hearing was closed.

Motion: Council Member Harrison
Second: Council Member Tingle

1. The City Council approved the Annual Engineer’s Report for Consolidated Landscape Maintenance Assessment District (LMAD) No. 2008-1 for Fiscal Year 2026/2027, prepared by MacKay & Somps, dated May 13, 2026.

2. The City Council approved the Annual Engineer’s Report for Consolidated Landscape Maintenance Assessment District (LMAD) No. 2016 for Fiscal Year 2026/2027, Item 7.1
Mountain House                                               Page 29 of 741 prepared by MacKay & Somps, dated May 13, 2026.

3. The City Council approved the Annual Engineer’s Report for Consolidated Landscape Maintenance Assessment District (LMAD) No. 2019 for Fiscal Year 2026/2027, prepared by MacKay & Somps, dated May 13, 2026.

4. The City Council adopted Resolution Nos. 2026-50, 2026-51, and 2026-52, confirming the assessments and ordering the levy and collection of assessments for LMAD Nos. 2008-1, 2016, and 2019 for Fiscal Year 2026/2027.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8.3 Status of Job Vacancies in Compliance with Assembly Bill 2561 Following the presentation of the staff report, Mayor Su opened the public hearing period.

There being no one wishing to speak the public hearing period was closed.

Motion: Council Member Disko
Second: Vice Mayor Green
Following the public hearing, there was a motion to receive and file the AB 2561 Job Vacancies Report.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8.4 Adopt the Fiscal Year 2026/27 Budget for the City of Mountain House and Related Actions
Items 8.4 and 8.5 were heard concurrently. Following the presentation of the staff report, Mayor Su opened the public hearing period.

Arjun Jurturo, resident, inquired about funding for the second source of water. Staff confirmed it was included in the budget.

There being no one wishing to speak the public comment hearing was closed.

Motion: Council Member Disko
Second: Council Member Tingle
Item 7.1
Mountain House                                               Page 30 of 741 Staff recommends that the City Council hold a public hearing and adopt the following items:

1. Resolution approving the proposed fiscal year 2026/27 Operating and Capital Improvement Budget.

2. Resolution establishing the appropriation limit for the City (Proposition 4).

3. Resolution establishing schedule of feesfor services.

4. Certification of Assessments to the San Joaquin County Auditor/Controller.

5. Resolution approving updated Financial Management Policy Manual.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8.5 Adopt the Fiscal Year 2026/27 Budget for the Mountain House Community Services District and Related Actions
This item was presented concurrently with Item 8.4.

Following the presentation of the staff report, Mayor Su opened the public hearing period, there being no one wishing to speak the hearing was closed.

Motion: Council Member Disko
Second: Vice Mayor Green
The Board of Directors held a public hearing and adopted the following items:

1. Resolution MHCSD 2026-01 approving the proposed fiscal year 2026/27 Operating and Capital Improvement Budget.

2. Resolution MHCSD 2026-02 establishing the appropriation limit for the Mountain House Community Services District (Proposition 4).

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8.6 Adopt a Resolution amending the City Council Policies & Procedures to adopt a teleconferencing disruption policy and approve other minor amendments to this policy
Following the presentation of the staff report, Mayor Su opened the public comment period, there being no one wishing to speak it was closed.

Item 7.1
Mountain House                                               Page 31 of 741 Motion: Council Member Disko
Second: Council Member Tingle
The City Council adopted Resolution 2026-57 amending the City Council Policies & Procedures adding a technology disruption policy and making amendments to sections related to public comment
For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

9. CITY COUNCIL DISCUSSION ITEMS

9.1 Preview of the Proposed Risewell Homes SP III RH-MX Project (TSM-26-001 and SPP-26-001)
David Niskanen, Contract Planner, presented a report to the City Council.

9.2 City Manager’s Update
Steven Pinkerton, City Manager, presented 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, presented an overview of the Long Range Calendar and upcoming agenda items to the City Council.

11. COUNCIL COMMENTS
Vice Mayor Green reported Ciera Martin will be making Juneteenth t-shirts and encouraged orders.

Mayor Su reported it was his 19th budget and complimented staff on their presentation.

12. CITY ATTORNEY COMMENTS
None.

13. CITY MANAGER COMMENTS
None.

14. ADJOURNMENT
Mayor Su adjourned the meeting at 9:56 PM to the meeting of July 22, 2026 at 5:30 PM for Item 7.1
Mountain House                                               Page 32 of 741 Rosenberg Rules of Order training, and the 7:00 PM regular City Council meeting.

Item 7.1
Mountain House                                               Page 33 of 741 TITLE: Investment Report
MEETING DATE: July 22, 2026
PREPARED BY: Thomas Retchless, Finance Director

RECOMMENDATION
It is recommended that the City of Mountain House (City) City Council (Council) receive and file this quarterly investment report.

BACKGROUND
On June 9, 2026, the Council approved an investment policy (Attachment A). The investment policy allows the Council to approve investment of funds, such as special deposits from developers, into investment programs. The policy approved by the Council includes the following:
 The City is guided by three objectives (listed in order of priority) in the investment of these public funds: safety, liquidity and yield.
 As with the City’s funds deposited in the San Joaquin Treasury, the investments would be made only in securities legally permissible by the California Government Code. Permitted investments are listed in the attached policy.
 The Council is responsible for the management and oversight of the investment program and has delegated day-to-day management to the General Manager.  The General Manager will provide quarterly reports of investment activity verifying that the investment portfolio complies with the District policy.  The Council will review the investment policy annually

DISCUSSION
The City’s investment portfolio is currently composed of U.S. Treasury / Agency Securities, FDIC Insured Certificate of Deposits, and Corporate Medium-Term Notes. Currently, $4,572,000 is invested. There is $229 held in a money market account. The investments are expected to produce an average yield of

4.11%. All investments are in compliance with the City’s investment policy. Information on the portfolio is shown in Attachment B.

FISCAL IMPACT
The investment portfolio is estimated to produce $192,513 annually, based on the current composition of the investments.

Item 7.2
Mountain House                                               Page 34 of 741

STRATEGIC PLAN
Investment helps the City achieve the following goal:

FIN G: Identify and secure new sources of revenue.

CEQA
Not applicable.

ACTION FOLLOWING CITY COUNCIL APPROVAL
In compliance with the policy for investment, staff will continue to direct investments and provide quarterly updates to the Council.

ATTACHMENTS
A. Investment Policy for Special Deposits
B. Investment Portfolio

Item 7.2
Mountain House                                               Page 35 of 741 Section 620

OVERVIEW
This Investment Policy may be amended by the Council as it deems appropriate from time to time in the prudent investment of the City’s special deposits.

Policy Statement - The City is guided by three objectives in its investment of public funds.

In order of priority those objectives are:

1.1. Safeguarding of principal.

1.2. Ensuring that investments satisfy the liquidity needs of the City.

1.3. Obtaining an optimal rate return on available assets, commensurate with an appropriate level of risk.

2. Scope - This investment policy applies to all special deposit funds not required for the immediate operating needs of the City and are accounted for in the City’s monthly financial report.

3. Objectives: The priority ranked objectives of the City’s investment activities shall be:

3.1. Legality. Investments shall only be made in securities legally permissible by the California Government Code, Sections 53635, 53635.2 et seq.

3.2. Safety. Investments shall be undertaken in a manner that seeks to ensure preservation of capital in the overall portfolio. To attain this objective, diversification is required. Investments must be made in securities of high quality to avoid credit risk and loss of principal.

3.3. Liquidity. The investment portfolio must remain sufficiently liquid to enable the City to meet all foreseeable operating requirements.

3.4. Return on Investment. The investment portfolio shall be designed with the objective of attaining a market rate of return, taking into consideration policy objectives and cash flow characteristics of the portfolio.

4. Delegation of Authority - The City Council is responsible for the management and oversight of the investment program. Day to day management responsibility for the investment program is delegated to the City’s City Manager, who will ensure that the investment program is in accord with the Council’s directives. The City Manager shall be responsible for all transactions undertaken and will establish a system of controls to regulate the activities of appropriate staff members.

5. Prudence - Investments shall be made with time relevant judgment and care, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, and not for speculation, but for investment, considering the probable safety of principal as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio with aims to safeguard the principal and maintain the liquidity needs of the agency. The prudent investor

INVESTMENT POLICY
Item 7.2
Mountain House                                               Page 36 of 741 standard states that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims to safeguard the principal and maintain the liquidity needs of the City.

6. Borrowing for Purposes of Making Investments - Management is prohibited from the practice of borrowing for the sole purpose of making investments.

7. Authorized Investments and Limits - The City Manager or his/her designee may only invest funds in the following secure and reliable permitted investments:

7.1. Investment in the California Local Agency Investment Fund (LAIF), San Joaquin County pooled cash account, California Asset Management Program (CAMP), or other professional investment services permitted for all local agencies under California Government Code Section 53601(p). Funds shall be placed with these investment services as alternative liquid investments under this policy.

7.2. Shares of Beneficial Interest issued by diversified management companies, otherwise known as Mutual Funds, investing in the securities and obligations as authorized by the California Government Code, sections 53601 et seq.

7.3. United States Treasury Bills, Notes, Certificates of Indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest.

7.4. Savings Accounts or Certificates of Deposit issued by a nationally or state chartered bank, or, savings association fully insured by the FDIC or FSLIC.

7.5. U.S. Federal Agency or United States government-sponsored enterprise obligations, participations or other instruments issued by the Government National Mortgage Association (GNMA), the Federal Home Loan Bank (FHLB), the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Association (FHLMC), the Federal Farm Credit System (FFCB), and the Federal Agricultural Mortgage Company/Farmer Mac (FAMCA).

7.6. Medium Term Corporate Notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state operating within the United States. Notes eligible for investments under this subdivision shall be rated “A” or better by a nationally recognized rating service.

8. Maximum Maturities - To the extent possible, investments shall be made to match anticipated cash flow requirements. Furthermore, no investment with a term in excess of five years may be made.

Item 7.2
Mountain House                                               Page 37 of 741

9. Internal Control - As part of the City’s annual independent audit, the investment program shall be reviewed for appropriate internal controls that provide assurance of compliance with policies and procedures.

10. Reporting - The City Manager shall provide the City Council with a quarterly report of investment activity verifying that the investment portfolio is in compliance with the City’s investment policy. The report will also include a statement indicating the City’s ability to meet its expenditure requirements for the ensuing six months or to provide an explanation as to why sufficient funds shall not or will not be available.

11. Ethics and Conflicts of Interest – Officers and employees involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions.

12. Investment Policy Review - The City Council shall review the investment policy annually. The Council shall accept and approve the investment policy and any changes.

Item 7.2
Mountain House                                               Page 38 of 741 INVESTMENT TYPE AMOUNT YIELD PORTFOLIO %
Pooled Cash $138,405,346 4.02% 0.0%
Money Market $229 3.36% 0.0%
U.S. Treasury / Agency Sec. $590,000 4.13% 12.9%
FDIC Insured Certificate of Deposits (CD's) $1,717,000 4.18% 37.6% Corp. Medium Term Notes $2,265,000 4.02% 49.5%
Total Special Funds $142,977,575 3.94% 100%
The City's investments comply with the City's Investment Policy, internal controls and department procedures.

MATURITY YEAR AMOUNT INVESTMENT %
2026 $220,000 5%
2027 $499,000 11%
2028 $523,000 11%
2029 $545,000 12%
2030 $1,665,000 36%
2031 $1,120,000 24%

AMOUNT YIELD
Pooled Cash $138,405,346 4.02%
Mountain House Investment Portfolio
Pooled Cash
Maturity Schedule
Money Market,
$229, 0%
U.S. Treasury / Agency
Sec., $590,000, 13%
FDIC Insured Certificate of Deposits (CD's),
$1,717,000, 38%
Corp. Medium Term Notes,
$2,265,000, 49%

PORTFOLIO COMPOSITION
Item 7.2
Mountain House                                               Page 39 of 741

AMOUNT YIELD
Money Market $229 3.36%
ISSUER TYPE PRICE AMOUNT YIELD CASH FLOW MAT. CUSIP#
Fanny Mae AGY $100.00 $295,000 4.00% $11,800 4/10/2030 3136GAFE4 Freddie Mac AGY $100.00 $295,000 4.25% $12,538 5/20/2030 3134HBSE2 Total & Average $590,000 4.13% $24,338
ISSUER TYPE PRICE AMOUNT YIELD CASH FLOW MAT. CUSIP#
Capital One Bank FDIC CD $100.00 $244,000 4.50% $10,980 5/17/2027 14042RVT5 Wells Fargo Bank FDIC CD $100.00 $248,000 5.05% $12,524 11/14/2028 949764HT4 Goldman Sachs Bank FDIC CD $100.00 $148,000 4.00% $5,920 4/23/2029 38151PML2 Merrick Bank FDIC CD $100.00 $147,000 4.00% $5,880 10/22/2029 59013LLL6 AMEX Bank FDIC CD $100.00 $205,000 4.10% $8,405 5/7/2030 02589AHH8 JPM Morgan Bank FDIC CD $100.00 $120,000 3.90% $4,680 10/21/2030 46659CNC0 Morgan Stanley Priv. BK FDIC CD $100.00 $155,000 4.00% $6,200 11/27/2030 61779G3P8 Toyota Fin. Svgs Bank FDIC CD $100.00 $225,000 4.00% $9,000 2/26/2031 89235MTS0 Morgan Stanley Bank FDIC CD $100.00 $225,000 4.10% $9,225 2/27/2031 61779EAL4 Total & Average $1,717,000 4.18% $72,814
ISSUER Type Price AMOUNT YIELD CASH FLOW MAT. CUSIP#
Baker Hughes MTN $101.68 $220,000 1.70% $4,534 12/15/2026 05724BAD1 Toyota Motor Credit MTN $100.00 $255,000 4.35% $11,093 10/22/2027 89236TMU6 Century Housing MTN $100.00 $275,000 4.15% $11,413 12/15/2028 15654VB56 Morgan Stanley STEP MTN $100.00 $250,000 4.51% $11,000 1/31/2029 61760QPN8 Public Storage MTN $101.50 $250,000 4.02% $10,938 7/1/2030 7466AAC5 Blackstone Fin MTN $100.44 $345,000 4.20% $14,835 11/3/2030 092914AB6 US Bancorp MTN $100.00 $260,000 4.25% $11,050 3/6/2031 91159XFM2 Nat. Bank CA NY MTN $100.00 $410,000 5.00% $20,500 4/1/2031 63305M4W8 Total & Average $2,265,000 4.02% $95,362
Total & Average of Invested Funds $4,572,000 4.11% $192,513 FDIC Insured Certificate of Deposits (CD's)
U.S. Treasury / Agency Sec.

Corporate Medium Term Notes
Invested Funds
Money Market Item 7.2
Mountain House                                               Page 40 of 741 TITLE: List of Recent Contracts under the City Manager Signature Authority MEETING DATE: July 22, 2026
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.

Attached is a list of contracts signed by the City Manager, or designee, under the Purchasing Agent authority, during the month of May 2026 and June 2026.

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

ATTACHMENTS
A. Attachment A: List of Recent Contracts

Item 7.3
Mountain House                                               Page 41 of 741 CONSENT ITEM 7.3

ATTACHMENT A
City of Mountain House
2025-2026 Consultant/Contractor Agreements
Under City Manager's Signing Authority
Agreement # Contractor/Consultant Scope of Service Total Contract Amount
A-2526-82 Applied Office M365 Training and Consulting $ 26,648.00 A-2526-85 King's Roofing Dry Rot repairs at Fire Station NO.1 $ 25,900.00 A-2526-84 Commercial Tree Care Questa Village Tree Injections for Aphids $ 62,104.00 `
7/2/2026
Item 7.3
Mountain House                                               Page 42 of 741 TITLE: Transition of Maintenance Services for the City's Community Camera System MEETING DATE: July 22, 2026
PREPARED BY: Roger Alvarez, Community Preservation Officer

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to transition maintenance services for the City's community camera system by terminating Agreement A-2425-44 with Edgeworth Integration, LLC and taking all actions necessary to implement the transition and carry out the purpose and intent of this resolution.

BACKGROUND
The Mountain House Community Services District originally entered into an agreement with Edgeworth Integration, LLC in March 2021 for the purchase, installation, and maintenance of the City's community camera system. In December 2024, the City renewed a three-year maintenance services agreement with Edgeworth Integration for continued maintenance and support of the system through December 30, 2027.

Today, the City's community camera system consists of approximately 35 public safety camera locations strategically placed throughout Mountain House. The system supports law enforcement investigations, protects public assets, enhances situational awareness, and serves as an important component of the City's overall public safety infrastructure. Over the past year, the City has significantly modernized the system through upgrades to the communications network, replacement of obsolete equipment, and expansion into new development areas.

Since renewal of the maintenance agreement, the City has undertaken significant upgrades to its public safety camera system, including transitioning to a private microwave communications network, replacing obsolete camera equipment, and expanding the camera network. As part of this modernization effort, staff conducted a comprehensive evaluation of the existing camera system, providing the first systemwide assessment of equipment condition, maintenance practices, and operational performance. Through these improvements, the City's camera system has evolved from a series of standalone camera installations into an integrated public safety network that includes centralized video management, private wireless communications, and expanded camera coverage throughout the community.

DISCUSSION
Item 7.4
Mountain House                                               Page 43 of 741 Agreement A-2425-44 authorizes either party to terminate the agreement without cause upon written notice. As part of the City's modernization effort, staff evaluated both the condition of the camera system and the long-term maintenance strategy needed to support the City's upgraded infrastructure.

During implementation of the camera camera modernization project, staff gained direct access to the City's camera infrastructure while transitioning to the new microwave communications network and replacing obsolete cameras with current-generation equipment. This work provided the first comprehensive opportunity to evaluate the operational condition of the City's system.

The evaluation identified multiple maintenance-related issues, including outdated firmware, obstructed camera views, installation deficiencies requiring adjustment, and other conditions affecting image quality and system performance. Staff also determined that firmware updates had not been performed since the original installation of the system. Routine firmware updates are an important component of preventative maintenance because they provide cybersecurity protections, manufacturer security patches, software enhancements, improved system performance, and continued compatibility with evolving technology.

Based on these findings, staff determined it is in the City's best interest to transition maintenance services to a provider better positioned to support the City's upgraded camera infrastructure and future system expansion. Although the agreement authorizes termination without cause, staff's recommendation is based on the City's long-term operational needs and the benefits of consolidating maintenance responsibility for the upgraded camera system under a single provider.

A companion agenda item recommends approval of a replacement maintenance services agreement to provide ongoing maintenance, monitoring, technical support, and operational management for the City's integrated public safety camera network. Transitioning to a single maintenance provider will improve accountability, system reliability, and long-term operational efficiency without interruption to maintenance or operational support.

FISCAL IMPACT
Termination of Agreement A-2425-44 will discontinue the remaining payments under the existing maintenance agreement. Approximately $81,685 budgeted in Fiscal Year 2026-27 within Public Safety Account 202-1510-6585 will be reallocated to fund the replacement maintenance services agreement presented under the companion agenda item.

STRATEGIC PLAN
Transition of maintenance services for the City's community camera system supports the City Council Strategic Plan (adopted April 9, 2025) by protecting and maintaining City assets and supporting a reliable public safety camera system that enhances safety and security throughout the community.

Item 7.4
Mountain House                                               Page 44 of 741 CEQA
This action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 because it involves administrative activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
The City Manager will implement the transition of maintenance services, including termination of Agreement A-2425-44 with Edgeworth Integration, LLC and execution of all actions necessary to complete the transition.

ATTACHMENTS
Attachment A – Proposed Resolution
• Exhibit 1 – Agreement A-2425-44 with Edgeworth Integration, LLC Item 7.4
Mountain House                                               Page 45 of 741

ATTACHMENT A
RESOLUTION NO. 2026-

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

TRANSITION OF MAINTENANCE SERVICES FOR THE CITY'S COMMUNITY CAMERA SYSTEM AND TERMINATION OF AGREEMENT A-2425-44 WITH EDGEWORTH INTEGRATION, LLC WHEREAS, the Mountain House Community Services District entered into an agreement with Edgeworth Integration, LLC in 2021 for the purchase, installation, and maintenance of the City's community camera system; and
WHEREAS, the City subsequently renewed maintenance services under Agreement A-2425-44 for a three-year term ending December 30, 2027; and
WHEREAS, the City has since modernized and expanded its community camera system through upgrades to the communications network, replacement of obsolete equipment, and expansion of camera coverage; and
WHEREAS, as part of this modernization effort, staff conducted a comprehensive evaluation of the City's community camera system and determined that transitioning maintenance services to a provider better positioned to support the City's upgraded infrastructure and future system expansion is in the best interest of the City; and
WHEREAS, Agreement A-2425-44 with Edgeworth Integration, LLC, attached hereto as Exhibit 1 and incorporated herein by this reference, provides maintenance services for the City's community camera system and authorizes the City to terminate the agreement upon written notice; and WHEREAS, the City Council desires to authorize the City Manager to transition maintenance services for the City's community camera system by terminating Agreement A-2425-44 with Edgeworth Integration, LLC.

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

1. Authorizes the City Manager to transition maintenance services for the City's community camera system by terminating Agreement A-2425-44, attached hereto as Exhibit 1, in accordance with its terms.

2. Authorizes the City Manager to take all actions necessary to implement the transition and carry out the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED this 22nd day of July, 2026, by the following vote:

Item 7.4
Mountain House                                               Page 46 of 741 251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 (209) 831-5610 FAX

CONSULTANT AGREEMENT
CONTRACT ID # A-2425-44
DATE: December 31, 2024
PARTIES: City of Mountain House:

CONSULTANT:

City of Mountain House
251 E. Main Street
Mountain House, CA 95391
Edgeworth Integration, LLC
1000 Commerce Dr., Suite 200
Pittsburgh, PA 15275
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 00005545 dated December 5, 2024.

2. Terms of Services

2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide SLA Maintenance, Tech Check and SIM Cards for 31 Units, as further described in Exhibit A

2.2 Term of Agreement. This Agreement shall commence on the December 31, 2024 and continue until December 30, 2027 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 terminated or extended, as provided for in Section 8. The time provided to EXHIBIT 1
Item 7.4
Mountain House                                               Page 47 of 741 CONTRACT ID # A-2425-44
2 Consultant to complete the services required by this Agreement shall not affect City of Mountain House 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

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 . 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 Consultant Consultant Consultant agrees to
make, at Consultant
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

2.8 Public Works Requirements. 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 one hundred seventy-two thousand nine hundred eighty dollars, ($172,980.00) notwithstanding any contrary indications that may be contained in Consultant EXHIBIT 1
Item 7.4
Mountain House                                               Page 48 of 741 CONTRACT ID # A-2425-44
3 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
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
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

3.3 Monthly Payment. City of Mountain House shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable EXHIBIT 1
Item 7.4
Mountain House                                               Page 49 of 741 CONTRACT ID # A-2425-44
4 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. 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.

EXHIBIT 1
Item 7.4
Mountain House                                               Page 50 of 741 CONTRACT ID # A-2425-44
5 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 :

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
Consultant City of Mountain House. The
Consultant shall not have any claim under this Agreement or otherwise against City of Mountain House
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 EXHIBIT 1
Item 7.4
Mountain House                                               Page 51 of 741 CONTRACT ID # A-2425-44
6 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 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 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, 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 property, arising out of Consultant
connection with Consultant
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 Consultant
claims, demands, causes of action, damages, penalties, judgments, awards, decrees, costs, including but not limited to personal injury, bodily injury, wrongful death, and property damage including any damage to the Consultant City of Mountain House EXHIBIT 1
Item 7.4
Mountain House                                               Page 52 of 741 CONTRACT ID # A-2425-44
7 alleged negligence, or wrongful acts related to or in connection with City of Mountain House performance of duties under the terms and conditions of this Agreement. 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, 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 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 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.

EXHIBIT 1
Item 7.4
Mountain House                                               Page 53 of 741 CONTRACT ID # A-2425-44
8 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 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
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 . 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 EXHIBIT 1
Item 7.4
Mountain House                                               Page 54 of 741 CONTRACT ID # A-2425-44
9 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 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*
EXHIBIT 1
Item 7.4
Mountain House                                               Page 55 of 741 CONTRACT ID # A-2425-44
10 IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.

Edgeworth Integration, LLC City of Mountain House
State of California
By: ____________________________
Brandon Haddad
President
By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:

By: ___________________________
John Bakker
City Attorney
EXHIBIT 1
Item 7.4
Mountain House                                               Page 56 of 741 CONTRACT ID # A-2425-44
11 EXHIBIT A

SCOPE OF SERVICES
[ATTACHED]
EXHIBIT 1
Item 7.4
Mountain House                                               Page 57 of 741 City of Mountain House Security Assessment
PREPARED FOR:

City of Mountain House
SLA Maintenance, Tech Check, & SIM
Cards for 31 Units- 12/31/2024 to
12/30/2027
Brandon Haddad
President of Integration
[email protected]
+1 6507874984
(925) 968-2639
1000 Commerce Dr.

Suite 200
Pittsburgh, PA 15275
US
The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately.

EXHIBIT 1
Item 7.4
Mountain House                                               Page 58 of 741 Edgeworth
City of Mountain House

CONFIDENTIAL
This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth , LLC.

Executive Summary
Thank you for allowing Edgeworth Security the opportunity to present this Remote Guarding solution. The enclosed proposal addresses applicable security considerations for this property: (the possibility of unauthorized access, vagrancy, theft, vandalism and customer/ employee safety.) The proposed service cost is predicated on the successful installation of cameras and hardware that will support Remote Guard services with required features such as camera view scope, range, and analytic compatibility.

Unlike static site cameras or on-site security guards, Edgeworth Security’s remote guarding services use sophisticated technologies (machine learning and advanced analytics) to protect your property and constantly evaluate potential security threats. Our innovative solution is a proactive security platform that combines technology, people, and processes to actively secure your assets and property.

Your satisfaction and confidence in our ability is paramount, as we look-forward to forging a long-term partnership.

Our hands-on delivery is of the utmost importance in providing quality Edgeworth customer service experience. Our security solutions are by the following qualifications:

UL 827b Certification (one of only six US-based companies):

Edgeworth’s command center exceeds the certification requirements for assurance of service availability and redundancy
Qualified to provide real-time event handoff and tactical support to responding law enforcement Continuity of Operations:

Edgeworth ensures continuity through redundant UPS, generators, ISP providers with disparate routing, central station software load balancers, as well as maintained warm sites for active/active failover Data Security:

Our network video recorders encrypt the site data streams in transport, at rest, and we leverage end-point protection.

Attempts to transfer, upload, or attach site data for replication is monitored and blocked.

US-Based Performance:

Edgeworth’s technology, operations, and services are 100% US-based and are housed in the confines of a professionally maintained, monitored, and supervised Command Center in Pittsburgh, PA.

Our solution approach is outlined in this proposal for your reference. The proposed services optimize proactive technological security coverage throughout your locations, and based on the information you have provided, delivers improved service at a cost reduction.

We look forward to forging a long-term partnership and serving you with excellence, professionals with deep security expertise, exceptional response to concerns, unique technology, and the world-class customer service.

EXHIBIT 1
Item 7.4
Mountain House                                               Page 59 of 741 City of Mountain House

CONFIDENTIAL
This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth , LLC.

System Design Description
Security system design and integration plan detailed below for Client.

Existing System
Proposal Assumptions
Clarifications & Exclusions:

1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board

2. It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted.

3. This proposal has been bid at State of CA Prevailing Wage Rates.

4. Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget.

5. All new electrical conduit & 120VAC circuit power needs are excluded.

6. EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project.

7. Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations.

8. Connections between electronic security system into fire/life safety systems are not included.

9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded.

10. Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal.

11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal.

12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal.

13. EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable.

14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date.

15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable.
**Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days. Impacts to schedule and delivery of equipment may also be affected due to manufacture delays. Please discuss with your sales representative if you have any questions or concerns about pricing**
EXHIBIT 1
Item 7.4
Mountain House                                               Page 60 of 741 City of Mountain House

CONFIDENTIAL
This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth , LLC.

Scope of Work
Edgeworth will view all video cameras and equipment daily to validate / verify that all equipment is online and functioning as required. Each camera view will be screened to ensure steady state of the object or area in view i.e. Lens is in focus for scene and clear of any moisture buildup, debris, and/or damage.

Network Video Recorder (NVR) and/or Digital Video Recorder (DVR) will be checked to verify that cameras are set to record. Spot checks of recorded footage can be conducted to check that NVR/DVR are storing data as intended.

If an immediate security concern is observed during the check process our agents will respond accordingly:

Emergency calls are conducted immediately when a highly evident critical situation is observed or is occurring on the property in real-time.

Edgeworth will report on highly evident damage or obvious abnormalities to the property and the structures.

When any issue with the equipment is observed a trouble ticket notification via email is sent out immediately.

This includes:

View disruption due to fallen or dislodged camera, tampered equipment, items which are unexpectedly blocking the camera view fallen trees, door or furniture limiting view.

Service does not include any method of remote troubleshooting from Edgeworth or representative when any feature of camera or camera system is observed in a degraded or abnormal state.

Compatible network speakers can be verified that appropriate prerecorded voice message or audible alert is loaded into network speakers.

Edgeworth will only test operation status of network speakers. On site staff will be responsible for ensuring all additional features (tones or prerecorded alerts) are properly sounded from network speaker during testing.

Analytics (part and parcel to the assumed hardware on site) will be leveraged during the prescribed hours to identify anomalous activity as an alert relayed to live agents in the Pittsburgh, PA Command Center. These analytic parameters may include the following:

When an alert constitutes a derogatory event, Command Center Agents will abide by the escalation process reviewed and designed with the customer to include law enforcement notification and relay.

Post event reports will be provided for all emergency calls Reports of all services metrics may be provided on a weekly basis EXHIBIT 1
Item 7.4
Mountain House                                               Page 61 of 741 City of Mountain House

CONFIDENTIAL
This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth , LLC.

Pricing
Tech Check
Pricing is based on daily system health checks per site and a total of (31) server/camera units, under a (3)-year commitment will be a monthly cost of ($343.89) and total contract value of ($12,380.05) SLA Maintenance
Pricing is based on quarterly site visits for a total of (31) server/camera unit locations, under a (3)-year commitment will be a monthly cost of ($4,461.11) and total contract value of ($160,599.96) Payment terms will be monthly in advance and will start invoicing from the service readiness date.

Pricing is based on a (3)-year agreement. Additional discounts are available for longer commitments Summary and Next Steps
Once the proposal terms are accepted, Edgeworth security will coordinate directly with Client's project manager as required, for detailed contract and service agreement completion and service initiation.

Any issues and concerns will be brought to Client's attention for understanding and approval.

EXHIBIT 1
Item 7.4
Mountain House                                               Page 62 of 741 Quote #: 00005545
Quote Prepared On: 12/5/2024
Quote Prepared For Quote Prepared By
Contact: Roger Alvarez Contact: Brandon Haddad
Company: City of Mountain House Company: Edgeworth Security Address: 251 East Main Street Suite 100
Mountain House, CA 95391 Address:
1000 Commerce Dr.

Suite 200
Pittsburgh, PA 15275
Phone: (209)831-5030 Phone: (925) 968-2639
Email: [email protected] Email: [email protected] Product Details
Qty Product Name Description
1 Monthly Services Monthly Services
1 Tech Check Plus
Tech Check Plus and System Health Monitoring for 120 Camera Views + 31 servers (31 units) a.Complete a scheduled review of all “views” as defined in this document, to ensure the hardware is without technical or physical obstruction
b.Ensure equipment on site is remotely accessed to ensure appropriate data relay, network presence, and recording properties.
1 SLAPreventative
Maintenance
Standard Maintenance
- Video Surveillance System for 31 servers and 31 Camera Units - Quarterly Preventative Maintenance Trips
EXHIBIT 1
Item 7.4
Mountain House                                               Page 63 of 741 Quote #: 00005545
Quote Prepared On: 12/5/2024
Special Instructions
Please use instructions below to wire deposit. Final bill will be invoiced upon completion of job.

ACH/Wire Transfer Instructions:
1000 Commerce Dr., Ste. 200
Pittsburgh, PA, 15275
Comerica Bank
2000 Avenue of the Stars St. 210
Los Angeles, CA, 90067
Routing: 121137522
For Credit to:

Edgeworth Integration, LLC
Account: 1895235263
Subtotal: $0.00
Tax: $0.00
Integration Grand Total: $0.00
Terms & Conditions
A 50% deposit is required to proceed with installation once the quote has been accepted. ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR.

Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. . Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days Recurring Monthly Cost: $4,8
EXHIBIT 1
Item 7.4
Mountain House                                               Page 64 of 741 Quote #: 00005545
Quote Prepared On: 12/5/2024
EDGEWORTH , LLC City of Mountain House
Name: Brandon Haddad Name:

Title: President of Integration Title: \customtext1 {“label:”Title”}\ Signature: \s2\ Signature: \s1\
Date: \d2\ Date: \d1\
EXHIBIT 1
Item 7.4
Mountain House                                               Page 65 of 741 CONTRACT ID # A-2425-44
12 EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule. Monthly Recurring Cost Yearly Cost 3 Year Total Tech Check $ 343.89 $ 4,126.68 $ 12,380.04
SLA Maintenance $ 4,461.11 $ 53,533.32 $ 160.599.96
Total $ 4,805.00 $ 57,660.00 $ 172,980.00
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
EXHIBIT 1
Item 7.4
Mountain House                                               Page 66 of 741 CONTRACT ID # A-2425-44
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
$2,000,00 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
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.

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
EXHIBIT 1
Item 7.4
Mountain House                                               Page 67 of 741 CONTRACT ID # A-2425-44
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, 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 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
d) Cancellation. Each insurance policy required by this clause shall be endorsed to state that 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, EXHIBIT 1
Item 7.4
Mountain House                                               Page 68 of 741 CONTRACT ID # A-2425-44
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 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.
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 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
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.

EXHIBIT 1
Item 7.4
Mountain House                                               Page 69 of 741 CONTRACT ID # A-2425-44
16 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 payroll records.
iii) Upon becoming aware of a sub-Consultant
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 EXHIBIT 1
Item 7.4
Mountain House                                               Page 70 of 741 CONTRACT ID # A-2425-44
17 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 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.
5615290.3
EXHIBIT 1
Item 7.4
Mountain House                                               Page 71 of 741 TITLE: Approval of Managed Services and Maintenance Agreement A-2627-16 with ezWave Inc. for the City's Community Camera System
MEETING DATE: July 22, 2026
PREPARED BY: Matthew Gutierrez, Program Manager

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

1. Execute Agreement A-2627-16 with ezWave Inc. for managed services and maintenance of the City's community camera system for an initial three-year term ending June 30, 2029, in an amount not to exceed $183,000.

2. Exercise one optional two-year extension, subject to annual rate adjustment provisions, in an amount not to exceed $150,000.

3. Approve a change order contingency of up to $25,000 for future camera locations, equipment additions, and associated maintenance services, for a total authorized agreement amount, including the optional extension and contingency, not to exceed $358,000.

4. Approve amendments, annual rate adjustments, and term extensions consistent with the authority established by the resolution.

5. Execute the agreement and any minor, non-substantive revisions approved by the City Attorney and Risk Management.

6. Take all actions necessary to carry out the purpose and intent of the resolution.

BACKGROUND
On February 25, 2025, the City Council approved Agreement A-2425-46 with ezWave Inc. for the Outdoor Video Camera System Upgrade and Expansion Project. The project modernized the City's public safety camera system through deployment of a centralized network video recorder, installation of a private microwave communications network, replacement and expansion of cameras, and integration of the City's camera infrastructure into a unified communications network.

Over the past year, implementation of the project has substantially transformed the City's public safety camera system from a collection of standalone camera installations into an integrated network supporting approximately 35 public safety camera locations throughout the community. The modernized system Item 7.5
Mountain House                                               Page 72 of 741 supports law enforcement investigations, protects public assets, enhances situational awareness, and serves as critical public safety infrastructure.

During implementation, ezWave identified a manufacturer defect affecting the City's existing cameras and successfully coordinated warranty replacement of all thirty cameras with current-generation equipment, representing an estimated replacement value of approximately $150,000 at no cost to the City. ezWave has also completed installation of five additional developer-funded camera locations, with additional sites planned as future development occurs.

With the modernization project substantially complete, the City's camera network now requires ongoing managed services, maintenance, monitoring, technical support, and lifecycle management to ensure continued reliability, cybersecurity, and long-term operational performance.

DISCUSSION
The proposed agreement does not expand the scope of the original capital improvement project. Rather, it establishes the ongoing managed services and maintenance necessary to support the City's upgraded infrastructure and protect the City's investment in its public safety camera network.

This agreement implements the companion agenda item authorizing the transition of maintenance services by establishing the long-term managed services program necessary to support the City's upgraded infrastructure.

Under the proposed agreement, ezWave will provide proactive monitoring of camera and network health, recording verification, firmware and software updates, preventive maintenance, troubleshooting, emergency response, annual system reviews, and technical support. The agreement also includes equipment maintenance coverage for eligible ezWave-installed infrastructure and establishes response time commitments based on issue severity. Together, these services will help ensure the City's system remains operational, reliable, secure, and maintained in accordance with manufacturer recommendations and industry best practices.

Future Security Camera Master Plan
The City is currently preparing a Security Camera Master Plan to guide future expansion of its camera network. Because additional public safety cameras will continue to be installed through future development and implementation of the Master Plan, staff recommends authorizing a contingency of up to $25,000 to accommodate additional camera locations, equipment, and associated maintenance services as they are incorporated into the City's camera network.

Procurement of Services with ezWave
Item 7.5
Mountain House                                               Page 73 of 741 Section 210 of the City's Financial Management Manual authorizes an exception to competitive procurement when supported by written justification. Staff recommends utilizing that exception for the following reasons:
• ezWave designed and implemented the City's integrated camera network, including the private microwave communications system, centralized network video recorder, and associated infrastructure.
• ezWave possesses detailed knowledge of the City's as-built network architecture, equipment configurations, software platforms, and operational history, allowing for efficient troubleshooting and ongoing system support.
• ezWave successfully coordinated manufacturer warranty replacement of the City's thirty cameras and continues to provide technical support for the upgraded system. • Transitioning to a different maintenance provider would require significant knowledge transfer, system validation, and onboarding, increasing costs and creating unnecessary operational risk. • Maintaining a single provider responsible for the City's upgraded camera infrastructure promotes accountability, continuity of operations, and efficient future expansion.

Staff recommends approval of Agreement A-2627-16 with ezWave to provide ongoing managed services and maintenance for the City's integrated public safety camera network. The agreement establishes a comprehensive managed services program that will protect the City's investment in its camera infrastructure while supporting reliable operation, cybersecurity, future expansion, and continued public safety throughout the community.

FISCAL IMPACT
The proposed agreement establishes a not-to-exceed amount of $183,000 for the initial three-year term.

Fiscal Year
Estimated Annual
Total
FY 2026-27 $48,000
FY 2027-28 $65,000
FY 2028-29 $70,000
Initial Three-Year Term $183,000
The agreement also authorizes one optional two-year extension and a change order contingency for future camera locations, equipment additions, and associated maintenance services.

Item 7.5
Mountain House                                               Page 74 of 741 Description
Total Contract
Authority
Amount
Initial Three-Year Term $183,000
Optional Two-Year Extension $150,000
Change Order Contingency $25,000
Potential Agreement Authority $358,000
Funding for Fiscal Year 2026-27 is included in the proposed budget, with future funding subject to annual City Council budget appropriations.

The change order contingency of up to $25,000 would be used only if additional camera assets are accepted into the City's inventory through future development or implementation of the Security Camera Master Plan.

STRATEGIC PLAN
Approval of Agreement A-2627-16 supports the City Council Strategic Plan (adopted April 9, 2025) by protecting and maintaining City assets and supporting a reliable public safety camera system that enhances safety and security throughout the community.

CEQA
The proposed agreement provides ongoing managed services and maintenance of existing public safety infrastructure and does not result in a physical expansion of facilities. Accordingly, the action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The project remains consistent with the Notice of Exemption approved by the City Council on February 25, 2025, in connection with the Outdoor Video Camera System Upgrade and Expansion Project.

ACTION FOLLOWING CITY COUNCIL APPROVAL
The City Manager will finalize and execute Agreement A-2627-16 with ezWave Inc., attached hereto as Exhibit 1, and implement the managed services and maintenance program for the City's community camera system.

Item 7.5
Mountain House                                               Page 75 of 741

ATTACHMENTS
Attachment A – Proposed Resolution
• Exhibit 1 to Attachment A – ezWave Agreement A-2627-16 Item 7.5
Mountain House                                               Page 76 of 741

ATTACHMENT A
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AUTHORIZING AGREEMENT A-2627-16 WITH ezWave INC. FOR MANAGED SERVICES AND MAINTENANCE OF THE

CITY'S COMMUNITY CAMERA SYSTEM
WHEREAS, on February 25, 2025, the City Council approved Agreement A-2425-46 with ezWave Inc. for implementation of the Outdoor Video Camera System Upgrade and Expansion Project, modernizing and expanding the City's community camera system; and WHEREAS, implementation of the project has transformed the City's camera system into an integrated public safety network that requires ongoing managed services, maintenance, monitoring, technical support, and lifecycle management to ensure continued reliability and long-term operational performance; and
WHEREAS, ezWave Inc. designed and implemented the City's integrated camera network and possesses specialized knowledge of the City's as-built network architecture, equipment configurations, software platforms, and operational history, allowing for efficient maintenance and ongoing system support; and
WHEREAS, Section 210 of the City's Financial Management Manual authorizes exceptions to competitive procurement when supported by written justification, and staff has determined that continuation of services with ezWave Inc. is in the best interest of the City; and WHEREAS, Agreement A-2627-16, attached hereto as Exhibit 1 and incorporated herein by this reference, establishes an initial three-year term in an amount not to exceed One Hundred Eighty-Three Thousand Dollars ($183,000), authorizes one optional two-year extension in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000), and authorizes a change order contingency in an amount not to exceed Twenty-Five Thousand Dollars ($25,000), for a total authorized agreement amount not to exceed Three Hundred Fifty-Eight Thousand Dollars ($358,000).

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

1. Authorizes the City Manager to execute Agreement A-2627-16 with ezWave Inc., attached hereto as Exhibit 1, for managed services and maintenance of the City's community camera system for an initial three-year term ending June 30, 2029, in an amount not to exceed $183,000.

2. Authorizes the City Manager to exercise one (1) optional two-year extension under substantially the same terms and conditions, including applicable annual rate adjustments, in an amount not to exceed $150,000, subject to the availability of appropriated funds.

3. Authorizes the City Manager to approve a change order contingency of up to $25,000 for future camera locations, equipment additions, and associated managed services and maintenance necessary to support expansion of the City's community camera system.

4. Authorizes the City Manager to approve amendments, annual rate adjustments, and exercise the authorized extension, provided the cumulative agreement authority does not exceed Item 7.5
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ATTACHMENT A
$358,000, subject to annual budget appropriations.

5. Authorizes the City Manager to execute Agreement A-2627-16 and any minor revisions, administrative amendments, or non-substantive modifications approved as to form by the City Attorney and Risk Management that do not materially increase the City's obligations beyond the authority granted herein.

6. Authorizes the City Manager to take all actions necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED this 22nd day of July, 2026, by the following vote:

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Mountain House                                               Page 78 of 741 251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 ● (209) 831-5610 FAX

CONSULTANT AGREEMENT
CONTRACT ID # A-2627-16
DATE: ______________
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT: ezWave Inc.
1525 2nd Street
Escalon, CA 95320
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:

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

B. Consultant’s Proposals dated May 27, 2026.

2. Terms of Services:

2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide managed services, maintenance, and equipment maintenance coverage for the City camera and wireless network infrastructure , as further described in Exhibit A, Scope of Service (the “Work”).

2.2 Term of Agreement. This Agreement shall commence on the date of execution by the City of Mountain House City Manager and continue until June 30, 2029, 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 terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this EXHIBIT 1
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Mountain House                                               Page 79 of 741 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. 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 one hundred eighty-three thousand dollars, ($183,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be EXHIBIT 1
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Mountain House                                               Page 80 of 741 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;
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 EXHIBIT 1
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Mountain House                                               Page 81 of 741 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. 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.

EXHIBIT 1
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Mountain House                                               Page 82 of 741 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, 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 EXHIBIT 1
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Mountain House                                               Page 83 of 741 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 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 EXHIBIT 1
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Mountain House                                               Page 84 of 741 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.

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.

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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; 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 EXHIBIT 1
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Mountain House                                               Page 86 of 741 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 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*
EXHIBIT 1
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Mountain House                                               Page 87 of 741 IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.
ezWave Inc. City of Mountain House
State of California
By: ____________________________
Scott Vander Dussen
CEO
By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:

By: ___________________________
John Bakker
City Attorney
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EXHIBIT A

SCOPE OF SERVICES
[Attached]
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Mountain House                                               Page 89 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page

MANAGED SERVICES &

MAINTENANCE AGREEMENT

CITY OF MOUNTAIN HOUSE
Effective Date
TBD
Prepared by
ezWave Inc.
1525 2nd Street, Escalon, CA 95320
Received: May 27, 2026
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Mountain House                                               Page 90 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page Table of Contents

1. Parties to This Agreement 3

2. Scope of Services 3

3. Services Included 4

4. Response Time Commitments 6

5. Equipment Maintenance Coverage 6

6. Exclusions 7

7. Fees and Billing 8

8. Term and Renewal 10

9. Operating Expenses and Capital Projects 10

10. General Provisions 11

11. Signatures 12
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Mountain House                                               Page 91 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page

1. Parties to This Agreement

1.1 Service Provider
Company: ezWave Inc.

Address: 1525 2nd Street, Escalon, CA 95320
Phone: (209) 490-0000
Website: ezwave.com

1.2 Client
Entity: City of Mountain House
Current authorized City representatives:
• Harold Holland
• Matthew Gutierrez
• Jodi Almassy
The City may update its designated representatives at any time by providing written notice to ezWave. Such updates do not require a contract amendment. The City's authorized signatory for this Agreement shall be the City Manager or designee with appropriate contractual authority.

2. Scope of Services
ezWave shall provide managed services, maintenance, and equipment maintenance coverage for the City of Mountain House camera and wireless network infrastructure as described in this Agreement. ezWave was engaged by the City to upgrade the network video recorder (NVR), deploy a private microwave backhaul network utilizing Tarana Wireless G1 technology, and integrate Avigilon camera systems into that infrastructure. This Agreement governs ongoing support for that infrastructure and supersedes any prior informal arrangements between the parties.

All services provided under this Agreement constitute operating expenses. Equipment installations, infrastructure expansions, and capital replacements not expressly covered herein will be proposed and invoiced separately as capital improvement projects and are not included in the monthly service fees.

2.1 Coverage Tiers
This Agreement defines three distinct coverage tiers based on equipment type and installation history:

1. Tier 1 — Avigilon Camera Sites with Tarana Wireless Remote Nodes: Cameras supplied, installed, and maintained by ezWave, connected to the City’s private microwave backhaul network via Tarana G1 Remote Nodes (RNs). Full equipment maintenance coverage applies.

2. Tier 2 — City Hall Legacy Hardwired Cameras: Cameras not supplied or installed by ezWave, connected directly to the NVR via hardwired connections within City Hall. Coverage is limited to monitoring, maintenance, and best-effort remediation. Equipment replacement is excluded per Section 6.2.

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3. Tier 3 — Tower Sites: Tarana G1 Base Node (BN) infrastructure and Aviat 80 GHz microwave backhaul equipment at the Town Hall Tower and A3 Repeater Tower sites. Full equipment maintenance coverage applies.

3. Services Included

3.1 Remote Managed Services
ezWave will perform the following remote managed services on a monthly basis:

1. Review NVR health metrics including CPU utilization, storage capacity, memory, and system uptime.

2. Verify that all cameras are actively recording and that footage is being archived correctly.

3. Push firmware and software updates to Avigilon cameras and Tarana wireless equipment as updates are released per Section 3.5.

4. Monitor Tarana network performance via the Tarana Cloud Suite (TCS), reviewing link health, signal quality, and throughput metrics for all active Remote Nodes and Base Nodes.

5. Maintain and review logs from the ezWave-deployed network monitoring server installed within the City’s network infrastructure, which continuously tracks health KPIs for cameras, radios, and the NVR and generates alerts for unresponsive or degraded devices.

6. Provide proactive notification to the City when any device is unresponsive, recording has lapsed, storage thresholds are approaching capacity, or any monitored metric indicates a risk of service degradation.

3.2 NVR Monitoring and Maintenance
In addition to remote managed services, ezWave will provide the following specific to the NVR:

1. Monthly review of NVR storage allocation, recording schedules, and camera license status.

2. Operating system updates and security patches applied on a scheduled basis.

3. Component-level repair for internal NVR hardware including drives, power supplies, processors, and network interfaces at no additional cost to the City, provided the failure is not excluded under Section

6. 4. Annual system review meeting with City representatives to discuss system performance, capacity planning, and any recommended upgrades.

Catastrophic NVR failure resulting in the need for full unit replacement is not included in the monthly service fee and will be handled as a separate capital project per Section 9.

3.3 On-Site Maintenance
ezWave will provide on-site maintenance as follows:

1. A minimum of two scheduled preventive maintenance visits per year, to include physical inspection of all accessible camera and equipment installations, dome cover cleaning, camera alignment verification, cable and connection inspection, and confirmation of proper equipment mounting and weatherproofing.

2. Additional on-site visits as needed or upon City request to address reported issues, perform remediation, or conduct inspections beyond the scheduled minimum.

3.4 Tier 2 Legacy Camera Services
For City Hall legacy hardwired cameras covered under Tier 2, ezWave will provide:

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1. Inclusion of legacy cameras in the NVR health monitoring and recording verification process described in Section 3.1.

2. Best-effort on-site remediation for issues within ezWave’s ability to address without equipment replacement, including alignment correction, lens cleaning, connection checks, and NVR configuration adjustments.

3. Notification to the City when a legacy camera is determined to have failed or is beyond remediation without equipment replacement, accompanied by a separate proposal for replacement with Avigilon hardware.
ezWave does not warrant the performance of legacy cameras and accepts no liability for image quality, recording reliability, or functionality limitations inherent to that equipment.

3.5 Firmware and Software Update Protocol
Firmware and software updates that have any potential to affect camera access, recording continuity, or network availability during the City’s normal business hours will be scheduled and applied outside of business hours. Routine non-service-affecting updates may be applied at any time. Emergency security patches may be applied immediately without advance notice if delay would present a material security risk.

3.6 Support Contacts
The City may contact ezWave for support, service requests, or emergency assistance using the following:
• 24/7 Help Desk: (209) 490-0000 — available around the clock for all service inquiries • Josh Heide: (209) 483-0447 — after-hours emergency contact, also available during business hours • Scott Vander Dussen: (831) 521-0038 — after-hours emergency contact, also available during business hours

3.7 Scope of Service Limitations
ezWave does not guarantee the prevention, detection, or prosecution of any criminal or civil incident. ezWave makes no representation regarding the evidentiary usability, admissibility, or forensic suitability of any recorded footage for any legal proceeding. The camera and network infrastructure provided under this Agreement is a general-purpose surveillance system; its effectiveness for any specific public safety objective is outside the scope of this Agreement and beyond ezWave’s control or responsibility.

3.8 City-Provided Power
ezWave’s equipment maintenance coverage obligations apply only to equipment failures caused by factors within ezWave’s control or covered under Section 5. Outages, failures, or equipment damage caused by the City’s electrical infrastructure are excluded from coverage, including but not limited to utility power outages, tripped or incorrectly configured breakers, failed photocells or lighting controls, pole wiring deficiencies, voltage irregularities originating from the City’s electrical supply, or any other condition in the City’s power infrastructure not attributable to ezWave-installed equipment. The City is responsible for ensuring continuous and stable power to each camera and tower site.

4. Response Time Commitments
ezWave commits to the following response time targets, defined as the time to acknowledge the issue and commence triage or dispatch. These are minimum commitments; ezWave’s standard practice is to routinely EXHIBIT 1
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Mountain House                                               Page 94 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page exceed them. Response time refers to acknowledgement and commencement of work, not guaranteed resolution time, which varies depending on the nature and complexity of the issue.

Issue Classification Description Target Response
Complete Site Outage Camera site or tower site entirely offline with no video or network connectivity
8 business hours
Degraded Operation Camera recording intermittently, poor image quality, or reduced network performance
Next business day
Non-Critical Issue Minor configuration issue, cosmetic concern, or low-priority request
Within 3 business days
Scheduled Maintenance Preventive maintenance visits, firmware updates, routine inspections
By mutual agreement
Business hours are Monday through Friday, 8:00 AM to 5:00 PM Pacific Time, excluding federal holidays.

After-hours support is available via the 24/7 support number and ezWave will make reasonable efforts to respond to after-hours critical issues on the same day reported.

5. Equipment Maintenance Coverage

5.1 Covered Failure Causes
Equipment maintenance coverage under this Agreement applies to failures caused by the following:
• Manufacturing defects
• Premature wear under normal operating conditions
• Power surges and electrical transients originating from the utility feed • Water intrusion despite proper weatherproofing and installation • Heat-related component failure resulting from ambient environmental conditions • UV exposure and environmental degradation under normal outdoor conditions

5.2 Tier 1 — Avigilon Camera Sites with Tarana RNs
For the duration of this Agreement, ezWave provides covered equipment replacement for all Tier 1 camera site equipment supplied and installed by ezWave, subject to Section 5.1 and the exclusions in Section 6.

Covered equipment at each Tier 1 site includes:

1. Avigilon H5A Multisensor Camera (360° or 270° as installed)

2. Avigilon Pendant Mount and associated hardware

3. Camera pendant adapter

4. Outdoor dome cover

5. Tarana Wireless G1 3.65 GHz Remote Node (RN)

6. PoE injector

7. Polycase enclosure

8. Power supplies and circuit breakers
In the event of a covered equipment failure, ezWave will repair or replace the affected equipment at no additional cost to the City. Replacement equipment will be of equal or greater capability. If a specific model is discontinued, ezWave will substitute equipment of equivalent or superior functionality. All replaced equipment becomes the property of the City upon installation.

EXHIBIT 1
Item 7.5
Mountain House                                               Page 95 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page As additional Tier 1 camera sites are commissioned by ezWave under separate capital project agreements, those sites are automatically incorporated into coverage under this Agreement at the then-current per-unit rate, effective upon the date of commissioning. No written amendment is required.

5.3 Tier 3 — Tower Sites
For the duration of this Agreement, ezWave provides covered equipment replacement for all Tier 3 tower site equipment supplied and installed by ezWave, subject to Section 5.1 and the exclusions in Section 6. Covered equipment at each tower site includes:

1. Tarana Wireless G1 3.65 GHz Base Station Nodes (BN) — two per site

2. Aviat 80 GHz Microwave Backhaul (both sides of each link)

3. PoE Network Switch

4. Enclosure

5. Power supplies and circuit breakers

5.4 NVR Hardware
ezWave provides covered component-level replacement for the NVR supplied and installed by ezWave, including drives, power supplies, processors, and network interfaces, for the duration of this Agreement and subject to Section 5.1. Full NVR unit replacement is excluded from the monthly service fee and is handled as a capital project per Section 9.

6. Exclusions

6.1 Casualty Exclusions
The following are excluded from coverage under this Agreement. These events constitute casualty losses against City-owned property and should be addressed through the City’s property and casualty insurance coverage. Upon occurrence of any such event, ezWave will provide damage assessment, documentation suitable for insurance claims, and restoration services at the out-of-scope hourly rate defined in Section 7.5, or under a separate capital project agreement depending on the scope of work required.

1. Lightning strikes.

2. Theft of equipment.

3. Damage caused by vehicle collision.

4. Vandalism.

5. Large-scale disasters, defined as events resulting in a formally declared state of emergency by local, state, or federal authorities, including but not limited to flood, wildfire, and earthquake.

6. Damage resulting from unauthorized modifications to equipment or network configuration by parties other than ezWave.

7. Failures caused by the City’s electrical infrastructure as described in Section 3.8.

6.2 Tier 2 Legacy Camera Exclusions
In addition to the casualty exclusions above, the following apply specifically to Tier 2 legacy hardwired cameras:

1. Equipment replacement of any kind. Legacy cameras are accepted in their current as-is condition. ezWave assumes no liability for pre-existing equipment failures, image quality limitations, recording reliability, or any deficiency present at the time this Agreement takes effect.

2. Failures attributable to the age, design, or inherent limitations of the legacy camera hardware or its original installation.

EXHIBIT 1
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Mountain House                                               Page 96 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page

6.3 NVR Full Replacement
Full NVR unit replacement is excluded from the monthly service fee as described in Section 5.4. Componentlevel repair is included.

7. Fees and Billing

7.1 Combined Monthly Invoice
ezWave will issue a single combined monthly invoice covering both Schedule A service fees and Schedule B third-party pass-through fees. Invoices will be issued in advance on the first business day of each calendar month for the upcoming month of service. This billing structure mirrors the advance billing practices of the third-party vendors whose fees are passed through under Schedule B, and reflects ezWave’s role in managing those vendor relationships, maintaining mandatory licenses, and ensuring continuity of services on the City’s behalf.

7.2 Schedule A — ezWave Monthly Service Fees
The following fees constitute ezWave’s service charges for the scope of work defined in this Agreement.

Description Unit Rate Current Qty Monthly
Total
Baseline Managed Services Per month $435.00 1 $435.00
NVR Monitoring & Maintenance Per month $450.00 1 $450.00 Tier 1 — Avigilon Camera Sites
with RN
Per
camera/mo
$42.00 31 $1,302.00
Tier 2 — Legacy Hardwired
Cameras
Per
camera/mo
$18.00 TBD TBD
Tier 3 — Town Hall Tower Site Per site/mo $395.00 1 $395.00 Tier 3 — A3 Repeater Tower Site Per site/mo $395.00 1 $395.00 The Tier 2 legacy camera quantity will be confirmed upon execution of this Agreement following a joint site inventory. Monthly totals will be adjusted accordingly. As additional camera sites are commissioned, they will be added to the applicable tier at the then-current per-unit rate with no amendment required.

7.3 Schedule B — Third-Party Pass-Through Fees
The following fees are charged by third-party vendors and passed through to the City at cost with no markup.

These fees are subject to change at the sole discretion of the respective vendors. ezWave will provide written notice of any vendor-initiated fee changes as promptly as practicable upon receiving notification.

Description Vendor Rate Applies To Notes
Tarana Software
Management Service
(SMS)
Tarana
Wireless
$3.93/RN/mo All Tier 1 RNs Mandatory —
required for
EXHIBIT 1
Item 7.5
Mountain House                                               Page 97 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page Description Vendor Rate Applies To Notes
network
operation
Tarana SaaS / CBRS
Spectrum Licensing
Tarana
Wireless
$2.50/RN/mo All Tier 1 RNs Mandatory —
FCC spectrum
compliance
Avigilon Software &
Firmware Maintenance
Avigilon
(Motorola
Solutions)
$1.09/camera/mo All Tier 1
Cameras
Required for
firmware
update services
The Tarana SMS and SaaS fees are mandatory for continued lawful operation of the CBRS spectrum radios.

The Avigilon software maintenance fee is functionally required for ezWave to fulfill its firmware and software update obligations under Section 3.1.

7.4 Fee Adjustments
ezWave may adjust its Schedule A service fees at each contract renewal with a minimum of sixty days written notice to the City prior to the renewal date. Fee adjustments during an active contract term require mutual written agreement. Third-party pass-through fees in Schedule B may be adjusted at any time to reflect actual vendor pricing, with notice as described in Section 7.3.

7.5 Out-of-Scope Work
Any work requested by the City that falls outside the defined scope of this Agreement will be performed at ezWave’s standard rate of $110.00 per hour, billed in one-hour minimums with 30-minute increments thereafter. Out-of-scope work includes but is not limited to additional on-site visits beyond the scheduled preventive maintenance minimums, troubleshooting or remediation of equipment or systems not covered under this Agreement, casualty event restoration per Section 6.1, and any technical consulting beyond normal service delivery. Out-of-scope work will be estimated in advance upon request and invoiced upon completion.

8. Term and Renewal
N/A

9. Operating Expenses and Capital Projects
The monthly fees defined in Schedule A and Schedule B constitute operating expenses for budgeting purposes. The following categories of work are capital improvement projects outside the scope of this Agreement and will be proposed and invoiced separately:

EXHIBIT 1
Item 7.5
Mountain House                                               Page 98 of 741 ezWave Inc. ezwave.com · (209) 490-0000 · 1525 2nd St, Escalon, CA 95320 City of Mountain House — Managed Services Agreement Page

1. Installation of new camera sites or expansion of the camera network to additional locations.

2. Replacement or upgrade of the NVR unit.

3. Addition of new tower sites or expansion of the microwave backhaul network.

4. Replacement of Tier 2 legacy cameras with new Avigilon hardware.

5. Installation of a hot standby NVR or other redundancy infrastructure.

6. Any infrastructure work associated with new City development projects.

10. General Provisions

10.1 Equipment Ownership
All equipment supplied and installed by ezWave under this Agreement or under separate capital project agreements is the property of the City of Mountain House upon installation and payment. ezWave retains no ownership interest in City-owned equipment.

10.2 Equipment Discontinuation
In the event that a covered equipment model is discontinued by its manufacturer, ezWave will replace failed units with equipment of equal or greater capability at no additional cost to the City under the active coverage provisions of this Agreement.

10.3 Limitation of Liability
N/A

10.4 Force Majeure
N/A

10.5 Entire Agreement
This Agreement, including Schedule A and Schedule B, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions, representations, and agreements. This Agreement may be amended only by a written instrument signed by authorized representatives of both parties.

10.6 Governing Law
This Agreement shall be governed by the laws of the State of California. Any disputes arising under this Agreement shall be resolved in the courts of San Joaquin County, California.

EXHIBIT 1
Item 7.5
Mountain House                                               Page 99 of 741

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule.

YEAR 1 $ 48,000
YEAR 2 $ 65,000
YEAR 3 $ 70,000
TOTAL $ 183,000
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
EXHIBIT 1
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Mountain House                                               Page 100 of 741

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
$2,000,00 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
EXHIBIT 1
Item 7.5
Mountain House                                               Page 101 of 741 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, EXHIBIT 1
Item 7.5
Mountain House                                               Page 102 of 741 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.

EXHIBIT 1
Item 7.5
Mountain House                                               Page 103 of 741

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 EXHIBIT 1
Item 7.5
Mountain House                                               Page 104 of 741 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.
5615290.3
EXHIBIT 1
Item 7.5
Mountain House                                               Page 105 of 741 TITLE: Adopt a Resolution Approving Amendment No. 1 to Agreement A-2526-47 with Black Water Consulting Engineers, Inc.

MEETING DATE: July 22, 2026
PREPARED BY: Karen Morgan, Utility Manager
Jodi Almassy, Deputy City Manager

RECOMMENDATION
Staff recommends that the City Council adopt a resolution:

1. Authorizing the City Manager to execute Amendment No. 1 to Agreement A-2526-47 with Black Water Consulting Engineers, Inc. to add Commercial, Industrial, and Institutional Landscape Area Measurement and Land Use Classification Dataset (CII-LAM-LUCD) compliance reporting services.

2. Increasing the agreement amount by $25,361, from $160,112 to $185,473.

3. Authorizing the City Manager to execute the amendment and any minor, non-substantive revisions approved by the City Attorney and Risk Management.

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

BACKGROUND
On February 24, 2026, the City Council approved Agreement A-2526-47 (Attachment A) with Black Water Consulting Engineers, Inc. to prepare and submit recurring water compliance reports required by the California Department of Water Resources (DWR) and other regulatory agencies through June 30, 2031.

The agreement includes preparation of annual reports related to water conservation, water use efficiency, water supply planning, Model Water Efficient Landscape Ordinance compliance, and water loss management.

As implementation of the original agreement progressed, staff identified an additional State reporting requirement associated with Commercial, Industrial, and Institutional Landscape Area Measurement and Land Use Classification Datasets (CII-LAM-LUCD) that was outside the original scope of work and requires specialized technical support. These datasets support California's "Making Conservation a California Way of Life" framework and require additional technical review, validation, and ongoing compliance reporting.

Amendment No. 1 (Exhibit 1 to Attachment B) adds these services to the existing agreement to ensure the City remains compliant with current State reporting requirements.

Item 7.6
Mountain House                                               Page 106 of 741

DISCUSSION
The existing agreement provides for preparation and submission of the City's recurring regulatory water reports, including:
• Urban Water Use Objective Annual Report
• Model Water Efficient Landscape Ordinance (MWELO) Report • Annual Water Supply and Demand Assessment
• Annual Urban Water Use Efficiency Report
• Water Loss Audit Reporting
Amendment No. 1 expands the consultant's services to include CII-LAM-LUCD compliance activities. The additional scope includes validating California Department of Water Resources (DWR)-provided landscape datasets, identifying large landscape water users and Dedicated Irrigation Meters (DIMs), preparing required inventories and technical documentation, and maintaining compliance records required by State regulations.

Approval of Amendment No. 1 will allow the City to continue utilizing its existing consultant to satisfy this additional State reporting requirement while maintaining continuity, efficiency, and regulatory compliance.

FISCAL IMPACT
Funding for the original agreement was budgeted in Account No. 501-1410-6500.

Fiscal Year Original
Agreement
Amendment
No. 1
Revised
Total
2025-26 $50,000 $0 $50,000
2026-27 $30,000 $15,000 $45,000
2027-28 $20,000 $8,000 $28,000
2028-29 $20,000 $2,361 $22,361
2029-30 $20,000 $0 $20,000
2030-31 $20,112 $0 $20,112
Total $160,112 $25,361 $185,473
Item 7.6
Mountain House                                               Page 107 of 741 Approval of Amendment No. 1 will increase the agreement amount by $25,361, from $160,112 to $185,473. Funding for Fiscal Year 2026-27 is available within the adopted Utilities budget. Future costs will be included through the annual budget process.

STRATEGIC PLAN
Approval of Amendment No. 1 supports the City Council Strategic Plan (adopted April 9, 2025) by promoting reliable utility services, regulatory compliance, long-term water resource planning, and responsible environmental stewardship.

CEQA
This action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b), as it consists of administrative activities related to regulatory compliance and will not result in a direct or reasonably foreseeable indirect physical change to the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Upon City Council approval, the City Manager will execute Amendment No. 1 to Agreement A-2526-47, and Black Water Consulting Engineers, Inc. will incorporate the additional compliance services into its ongoing work program for the City.

ATTACHMENTS
Attachment A – Agreement A-2526-47
Attachment B – Proposed Resolution
• Exhibit 1 to Attachment B – Amendment No. 1 to Agreement A-2526-47 Item 7.6
Mountain House                                               Page 108 of 741 251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 (209) 831-5610 FAX

CONSULTANT AGREEMENT
CONTRACT ID # A-2526-47
DATE: ______________
PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT: Black Water Consulting Engineers, Inc.
602 Lyell Drive
Modesto, CA 95356
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 January 2, 2026.

2. Terms of Services:

2.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Consultant agrees to provide Development of five annual reports and submit to Department of Water Resources, as further described in Exhibit A, Scope of Service (the “Work”).

2.2 Term of Agreement. This Agreement shall commence on the date fully executed by the City Manager and continue until June 30, 2031, 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 terminated or extended, as provided for in Section 8. The time

ATTACHMENT A
Item 7.6
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2 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. 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 one hundred sixty thousand, one hundred twelve dollars ($160,112.00)

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3 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.

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

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4 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. 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.

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5 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, 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

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6 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 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

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7 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.

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.

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8 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; 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

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9 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 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*

ATTACHMENT A
Item 7.6
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10 IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.

Black Water Consulting Engineers, Inc. City of Mountain House State of California
By: ____________________________
Aja Verburg, P.E.

Vice President
By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:

By: ___________________________
John Bakker
City Attorney

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11 EXHIBIT A

SCOPE OF SERVICES
[Attached]

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Mountain House                                               Page 137 of 741 Questions & Answers RFP# UTL-2503
251 E. Main Street, Mountain House, CA 95391 | 209-831-2300 | MountainHouseCA.gov Page 1 of 1 RFP UTL-2503:

DEVELOPMENT OF FIVE ANNUAL REPORTS AND SUBMIT TO THE

DEPARTMENT OF WATER RESOURCES
Questions & Answers
December 23, 2025
NOTE This document forms a part of the RFP Documents. Insert in your proposal package.

Acknowledge receipt by signing below.

Q1: Scope Item 8: The consultant shall schedule bimonthly meetings. Are these meetings necessary?
A1: Meetings will be held as needed. Plan for a minimum of 3 meetings per report for each reporting year.

Q2: Scope Item 11: The consultant shall coordinate outreach to community stakeholders and prepare notices. Are these necessary?
A2: These will be discussed during the kickoff for each report to determine if necessary or not.

The City may seek these services if the need to communicate to our residence and Council is deemed appropriate by City staff.

Q3: Scope Item 12: The consultant shall prepare and present up to one presentation to City Council and the public each fall. Are these presentations necessary? A3: Requirements are subject to change; at this time presentations may be requested if deemed necessary by City staff. Please include contingency for up to 4, in person meetings in front of City Council.

Q4: Proposal Requirements – Technical: The contract term is listed as ending on July 1, 2029.

Should the following 2029 reports be included in the proposed fee? If these reports are required, the contract term would need to be extended to January 31, 2030 to accommodate their submission.

FY 2029 Annual Water Loss Audit (Due Date: January 1, 2030) CY 2029 MWELO Report (Due Date: January 31, 2030)
FY 2029 UWUO Report (Due Date: January 1, 2030)
A4: The contract term will be through January 31, 2030. _____________________________ _____________________________ _________________ Signature Title Date Vice President 12-26-2025

ATTACHMENT A
Item 7.6
Mountain House                                               Page 138 of 741 Billing Rates $/hr 302 239 193 118
TASK Task Activity Principal Associate Engineer / Asst. PM Assistant Engineer
QAQC/ Admin. Black Water Total Hours Black Water Fee Total Fee 1 Project Management and Meetings

1.1 Kickoff Meetings 8 8 8 24 $5,872 $5,872

1.2 Progress Meetings 12 12 12 36 $8,808 $8,808

1.3 Project Management and Administration 12 20 20 52 $10,764 $10,764 Task 1 Total 32 40 20 20 112 $25,444 $25,444
2 Annual Water Loss Audit (FY 2025-FY 2029)

2.1 Information, Collection, and Review 5 20 25 50 $11,115 $11,115

2.2 Preparation of Annual Water Loss Audit (FY 2025-FY 2029) 8 25 60 5 98 $20,561 $20,561

2.3 Submittal and Coordination with DWR 5 5 10 $2,160 $2,160 Task 2 Total 13 50 90 5 158 $33,836 $33,836
3 Past-Due MWELO Reports (CY 2020-CY 2024)

3.1 Information, Collection, and Review 5 10 15 30 $6,795 $6,795

3.2 Preparation of Past-Due MWELO Reports (CY 2020-CY 2024) 10 15 30 5 60 $12,985 $12,985

3.3 Submittal and Coordination with DWR 5 5 10 $2,160 $2,160 Task 3 Total 15 30 50 5 100 $21,940 $21,940
4 MWELO (CY 2025-CY 2029)

4.1 Information, Collection, and Review 5 10 15 30 $6,795 $6,795

4.2 Preparation of MWELO (CY 2025-CY 2029) 10 15 30 5 60 $12,985 $12,985

4.3 Submittal and Coordination with DWR 5 5 10 $2,160 $2,160 Task 4 Total 15 30 50 5 100 $21,940 $21,940
5 AWSDA (FY 2026-FY 2029)

5.1 Information, Collection, and Review 2 4 16 22 $4,648 $4,648

5.2 Preparation of AWSDA (FY 2025-FY 2029) 8 8 24 4 44 $9,432 $9,432

5.3 Submittal and Coordination with DWR 4 4 8 $1,728 $1,728 Task 5 Total 10 16 44 4 74 $15,808 $15,808
6 UWUO (FY 2026-FY 2029)

6.1 Information, Collection, and Review 2 8 16 26 $5,604 $5,604

6.2 Preparation of UWUO (FY 2026-FY 2029) 8 12 32 4 56 $11,932 $11,932

6.3 Submittal and Coordination with DWR 4 4 8 $1,728 $1,728 Task 6 Total 10 24 52 4 90 $19,264 $19,264
7 City Council Presentation and Community Stakeholders Outreach

7.1 Presentation to City Council 16 16 24 56 $13,288 $13,288

7.2 Community Stakeholders Outreach 4 4 16 24 $5,252 $5,252 Task 7 Total 20 20 40 0 80 $18,540 $18,540
8 Training (Optional)

8.1 Provide Training 2 4 8 2 16 $3,340 $3,340
Task 8 Total 2 4 8 2 16 $3,340 $3,340
117 214 354 45 730 $160,112 $160,112
$160,112 Notes: 1. All scope items and associated fees are based on the best approximation we can make given the current level of information we have.

2. Black Water will discuss and/or negotiate with the Client any scope or fee item shown on this Proposal.

CITY OF MOUNTAIN HOUSE
23-Dec-25
Totals

DEVELOPMENT OF FIVE ANNUAL REPORTS
Fee Proposal
Level of Effort

AND SUBMIT TO THE DEPARTMENT OF WATER RESOURCES

TOTAL FEE
TOTALS
12/30/2025

ATTACHMENT A
Item 7.6
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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

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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

ATTACHMENT A
Item 7.6
Mountain House                                               Page 141 of 741 CONTRACT ID # A-2526-47
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,

ATTACHMENT A
Item 7.6
Mountain House                                               Page 142 of 741 CONTRACT ID # A-2526-47
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.

ATTACHMENT A
Item 7.6
Mountain House                                               Page 143 of 741 CONTRACT ID # A-2526-47
16 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
Item 7.6
Mountain House                                               Page 144 of 741 CONTRACT ID # A-2526-47
17 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.
5615290.3

ATTACHMENT A
Item 7.6
Mountain House                                               Page 145 of 741

ATTACHMENT A
Item 7.6
Mountain House                                               Page 146 of 741

ATTACHMENT A
Item 7.6
Mountain House                                               Page 147 of 741 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Mountain House Community Services District (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to DocuSign system.

Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

ATTACHMENT A
Item 7.6
Mountain House                                               Page 148 of 741 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Mountain House Community Services District: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Mountain House Community Services District of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Mountain House Community Services District To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Mountain House Community Services District To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

ATTACHMENT A
Item 7.6
Mountain House                                               Page 149 of 741 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-
system.

By selecting the checkthat:

You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify Mountain House Community Services District as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Mountain House Community Services District during the course of your relationship with Mountain House Community Services District.

ATTACHMENT A
Item 7.6
Mountain House                                               Page 150 of 741

ATTACHMENT B
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AUTHORIZING AMENDMENT NO. 1 TO AGREEMENT A-2526-47 WITH BLACK WATER CONSULTING ENGINEERS, INC. FOR WATER CONSERVATION AND REGULATORY COMPLIANCE REPORTING SERVICES WHEREAS, the City of Mountain House is an urban water supplier subject to State reporting requirements related to water conservation, water use efficiency, water supply planning, landscape water use, and water loss management; and
WHEREAS, the City entered into Agreement A-2526-47 with Black Water Consulting Engineers, Inc. for professional consulting services associated with required water use and regulatory compliance reporting; and
WHEREAS, the California Department of Water Resources has established additional reporting requirements associated with Commercial, Industrial, and Institutional Landscape Area Measurement and Land Use Classification Datasets (CII-LAM-LUCD), including identification of large landscapes, Dedicated Irrigation Meters (DIMs), irrigated landscape areas, and supporting compliance documentation; and WHEREAS, Amendment No. 1 adds CII-LAM-LUCD compliance reporting services to the agreement to assist the City in meeting State reporting requirements and maintaining required compliance records; and
WHEREAS, Amendment No. 1 will increase the agreement amount by $25,361, from $160,112 to a revised total not-to-exceed amount of $185,473; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain House as follows:

1. Approval of Amendment No. 1. Amendment No. 1 to Agreement A-2526-47 with Black Water Consulting Engineers, Inc., attached hereto as Exhibit 1 and incorporated herein by this reference, is hereby approved.

2. Contract Amount. The City Council authorizes an increase of $25,361 to Agreement A-2526-47, increasing the total agreement amount from $160,112 to a revised not-to-exceed amount of $185,473.

3. Administrative Actions. The City Manager is authorized to execute Amendment No. 1 and any minor revisions or non-substantive modifications approved by the City Attorney and Risk Management, provided such revisions do not materially increase the City's obligations or alter the purpose and intent of this Resolution.

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

Item 7.6
Mountain House                                               Page 151 of 741 A-2526-47 First Amendment 1

FIRST AMENDMENT TO THE
CONSULTANT CONTRACT ID #A-2526-47
DATED FEBRUARY 27, 2026, BETWEEN

THE CITY OF MOUNTAIN HOUSE
AND BLACK WATER CONSUTLING ENGINERS, INC.

This First to the Consultant Contract ID # A-2526-47 dated February 27, 2026 , is made and entered into on ______________by and between the City of Mountain and Black Water Consulting Engineers, Inc. Consultant ) and is effective as of the commencement date of this Amendment.

RECITALS
WHEREAS, on February 27, 2026 the City and Consultant entered into the Agreement.

WHEREAS, Section 1.B of the Agreement provides Priority Documents and Section

3.1 provides Terms of Payment.

WHEREAS, the Parties wish to amend Section 1.B and 3.1 on __________________.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended, effective ________________, as follows:

1.B. s dated January 2, 2026

3.1 . City of Mountain House hereby agrees to pay Consultant a sum not to exceed one hundred eighty-five thousand, four hundred seventy-three dollars ($185,473.00) notwithstanding any contrary indications that may be contained in 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 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.
[Signatures on following page]
EXHIBIT 1
Item 7.6
Mountain House                                               Page 152 of 741 A-2526-47 First Amendment 2
Except as set forth above, every provision of the Agreement between the Parties shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of ________________.

CITY OF MOUNTAIN HOUSE BLACK WATER CONSULTING
STATE OF CALIFORNIA ENGINEERS, INC.

By: ___ By: ___
Steven J. Pinkerton, City Manager Aja Verburg, Vice President Approved as to Form:

By: ___
John Bakker, City Attorney

EXHIBIT 1
Item 7.6
Mountain House                                               Page 153 of 741 TITLE: Adopt a Resolution Electing to Become Subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA)
MEETING DATE: July 22, 2026
PREPARED BY: Anjali Kothari, Management Analyst
Koosun Kim, PE, Public Works Director

RECOMMENDATION
Staff recommends that the City Council adopt a resolution electing to become subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) and authorize the City Manager, or designee, to take all actions necessary to carry out the purpose and intent of the resolution.

BACKGROUND
The California Uniform Public Construction Cost Accounting Act (CUPCCAA) establishes alternative bidding procedures for public works construction projects, allowing participating public agencies to streamline procurement while maintaining compliance with State public contracting laws. Participation in CUPCCAA is voluntary.

Prior to incorporation, the Mountain House Community Services District (MHCSD) participated in CUPCCAA. However, when the City of Mountain House incorporated on July 1, 2024, participation in CUPCCAA did not automatically transfer to the City. To participate, the City must adopt a resolution electing to become subject to the Act and submit the adopted resolution to the California State Controller's Office.

Adoption of the proposed Resolution will enroll the City in CUPCCAA, allowing the City to utilize the Act's alternative bidding procedures for eligible public works projects. Enrollment will restore the procurement authority previously available to the Mountain House Community Services District prior to incorporation.

DISCUSSION
Under the City's current procurement process, most public works construction projects must follow formal bidding procedures regardless of project size. While those procedures promote competition and transparency, they can require additional time and administrative effort for smaller routine projects.

Participation in CUPCCAA provides an alternative procurement process established by State law that allows qualifying projects to be delivered more efficiently while maintaining compliance with public contracting requirements, prevailing wage laws, insurance requirements, and other applicable regulations. As the City's Capital Improvement Program (CIP) and infrastructure maintenance needs Item 7.7
Mountain House                                               Page 154 of 741 continue to grow, CUPCCAA will provide greater flexibility in delivering smaller public works projects while reducing administrative time associated with formal bidding procedures.

Current statutory bidding thresholds under CUPCCAA are as follows:
• Projects up to $75,000 may be performed using City forces (force account), negotiated contract, or purchase order.
• Projects greater than $75,000 and up to $220,000 may be awarded using CUPCCAA's informal bidding procedures, which allow the City to solicit bids from contractors on its Informal Contractors List rather than conducting a full formal bid process. • Projects exceeding $220,000 require formal competitive bidding. If all bids exceed the formal bidding threshold, the City Council may award a contract up to $235,000 to the lowest responsible bidder upon determining that the City's cost estimate was reasonable and adopting a resolution by a four-fifths vote.

Following enrollment, the City will establish and maintain an annual Informal Contractors List consisting of licensed contractors that register with the City by trade category. For projects eligible for informal bidding, staff may solicit quotations directly from contractors on the list rather than conducting a formal advertised bid.

Participation in CUPCCAA provides several operational benefits, including:
• Completing smaller public works projects more quickly. • Reducing staff time devoted to formal bidding procedures. • Increasing flexibility in delivering routine maintenance and capital improvement projects. • Maintaining competitive procurement and compliance with State public works contracting requirements.
• Improving the City's ability to respond to infrastructure maintenance and time-sensitive repairs.

As the City's Capital Improvement Program continues to grow, participation in CUPCCAA will provide a valuable procurement tool that supports timely project delivery and operational efficiency. CUPCCAA does not eliminate competitive bidding requirements. Rather, it establishes alternative procurement procedures authorized by State law that are intended to streamline delivery of qualifying public works projects while maintaining transparency, competition, and fiscal accountability.

FISCAL IMPACT
There is no direct fiscal impact associated with adoption of the proposed Resolution.

Item 7.7
Mountain House                                               Page 155 of 741 Participation in CUPCCAA is expected to improve administrative efficiency by reducing procurement timelines and staff resources associated with eligible public works projects. Construction projects will continue to require City Council budget authorization through the annual budget or subsequent appropriations, as applicable.

STRATEGIC PLAN
Adoption of the proposed Resolution supports the City's Strategic Plan, adopted April 9, 2025, by:
• Promoting efficient, transparent, and accountable government operations. • Improving delivery of public infrastructure and capital improvement projects. • Enhancing stewardship of public resources through cost-effective procurement practices. • Supporting timely maintenance and investment in the City's public infrastructure.

CEQA
This action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 because it constitutes an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Following City Council approval, staff will:
• Submit the adopted Resolution and transmittal letter to the California State Controller's Office requesting enrollment in CUPCCAA.
• Establish and maintain the City's CUPCCAA Informal Contractors List in accordance with Public Contract Code requirements.
• Implement CUPCCAA procurement procedures for eligible public works projects upon confirmation of enrollment.
• Update the City's procurement procedures and related administrative documents, as necessary, to implement CUPCCAA.

ATTACHMENTS
Attachment A – Proposed Resolution
Item 7.7
Mountain House                                               Page 156 of 741

ATTACHMENT A
RESOLUTION NO. 2026-XX

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

ELECTING TO BECOME SUBJECT TO THE

CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (CUPCCAA) WHEREAS, the California Uniform Public Construction Cost Accounting Act (CUPCCAA), codified in Chapter 2 (commencing with Section 22000) of Part 3 of Division 2 of the California Public Contract Code, establishes uniform cost accounting standards and alternative bidding procedures for public works projects performed by local public agencies; and
WHEREAS, the California Uniform Construction Cost Accounting Commission ("Commission") has adopted cost accounting policies, procedures, and implementation guidelines for participating public agencies pursuant to the Act; and
WHEREAS, participation in CUPCCAA is voluntary and requires a public agency to adopt a resolution electing to become subject to the Act and to notify the California State Controller's Office of such election pursuant to Public Contract Code Section 22030; and WHEREAS, prior to the incorporation of the City of Mountain House on July 1, 2024, the Mountain House Community Services District participated in CUPCCAA; however, that participation did not automatically transfer to the City upon incorporation; and WHEREAS, the City Council finds that participation in CUPCCAA will provide greater flexibility and efficiency in procuring eligible public works projects, reduce administrative costs and procurement timelines, and support timely delivery of the City's Capital Improvement Program while maintaining compliance with applicable State public contracting laws; and WHEREAS, participation in CUPCCAA will restore the procurement authority previously available to the Mountain House Community Services District prior to the City's incorporation; and WHEREAS, the City Council finds that participation in CUPCCAA is in the best interests of the City of Mountain House.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE,

AS FOLLOWS

1. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. The City of Mountain House hereby elects to become subject to the California Uniform Public Construction Cost Accounting Act pursuant to California Public Contract Code Section 22030 and to the Commission's Cost Accounting Policies and Procedures Manual and Cost Accounting Review Procedures, as each may be amended from time to time.

3. The City Manager, or designee, is authorized and directed to submit a certified copy of this Resolution to the California State Controller's Office and to take all actions necessary to carry out the Item 7.7
Mountain House                                               Page 157 of 741

ATTACHMENT A
purpose and intent of this Resolution, including establishing and maintaining the City's Informal Contractors List in accordance with Public Contract Code Section 22034.

4. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Mountain House, State of California at a meeting thereof held on this 22 day of July 2026, by the following vote:

Item 7.7
Mountain House                                               Page 158 of 741 TITLE: Adopt a Resolution approving a Professional Services Agreement with MoreThanTalk LLC for Communications Specialist Services MEETING DATE: July 22, 2026
PREPARED BY: Amanda Durbin, Communications Officer

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

1. Execute a Professional Services Agreement with MoreThanTalk LLC for Communications Specialist Services for an initial one-year term commencing upon execution through June 30, 2027, in an amount not to exceed $55,000.

2. Approve agreement amendments, annual rate adjustments, and exercise optional term extensions as authorized by the resolution.

3. Execute the agreement and any non-substantive revisions approved by the City Attorney.

4. Take all actions necessary to carry out the purpose and intent of the Resolution.

BACKGROUND
MoreThanTalk LLC has provided communications support services to Mountain House for more than four years, initially serving the Mountain House Community Services District and continuing following the City's incorporation on July 1, 2024. Through that work, the firm has supported public outreach, social media management, graphic design, website updates, newsletters, marketing materials, event promotion, and other communications initiatives.

Michele Davis has served as the City's primary communications consultant throughout that time and has developed extensive knowledge of City operations, programs, and community engagement efforts. This continuity has allowed the City to maintain consistent public communications while transitioning from the Community Services District to municipal operations.

The City currently has a Council-approved Professional Services Agreement with MoreThanTalk LLC for public safety consulting and process management services associated with the City's Consultant Public Safety Director, Rex Osborn. The communications support addressed in this report is separate from that agreement and exceeds the contracting authority previously authorized by the City Council and the City Manager under the City's Financial Management Manual. Accordingly, City Council approval is required before entering into this additional agreement.

Item 7.8
Mountain House                                               Page 159 of 741 As the City continues to expand municipal services, demand for public information, digital communications, community engagement, and graphic design has increased. Consultant support continues to supplement the City's in-house Communications Officer by providing additional capacity during periods of increased workload, major initiatives, and community events.

The City solicited proposals for Communications Specialist Services. After evaluating qualifications, experience, familiarity with Mountain House, and cost, staff determined that MoreThanTalk LLC provided the best overall value and was best positioned to continue supporting the City's communications program.

DISCUSSION
The proposed agreement provides communications support services on an as-needed basis through June 30, 2027, in an amount not to exceed $55,000. Services include graphic design, website updates, social media content, newsletters, public outreach materials, event promotion, strategic communications, and related communications support.

After evaluating multiple proposals, staff determined that MoreThanTalk LLC offered the best overall value based on qualifications, experience, familiarity with City operations, and cost. Continuing with the firm's existing communications consultant also provides continuity and avoids the time and expense associated with onboarding a new consultant.

The $55,000 not-to-exceed amount represents maximum contract authority. Actual expenditures will occur only as services are requested, performed, and invoiced.

Approval of this agreement will increase the City's total authorized multi-year contract amount with MoreThanTalk LLC from $420,000 to $475,000 across the firm's two active agreements with the City.

FISCAL IMPACT
The proposed agreement establishes a not-to-exceed amount of $55,000 through June 30, 2027. Funding is included in the FY 2026-27 Adopted Budget. Actual expenditures will occur only as services are requested, performed, and invoiced in accordance with the agreement.

STRATEGIC PLAN
The proposed agreement supports the City's Strategic Plan, adopted April 9, 2025, by:
• Enhancing transparency and public access to information. • Strengthening community engagement and public outreach.

Item 7.8
Mountain House                                               Page 160 of 741 • Delivering timely, accurate, and consistent communications regarding City programs, services, and initiatives.
• Supporting a high-performing organization through coordinated communications and brand consistency.

CEQA
This action is not a project subject to the California Environmental Quality Act (CEQA) because it involves approval of a professional services agreement for administrative support and will not result in a direct or reasonably foreseeable physical change in the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Following approval, the City Manager will execute the agreement and staff will administer the contract in accordance with its terms.

ATTACHMENTS
Attachment A – Proposed Resolution
• Exhibit 1 – Professional Services Agreement with MoreThanTalk LLC Item 7.8
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ATTACHMENT A
1 of 1
RESOLUTION NO. ______

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

MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MORETHANTALK LLC FOR

COMMUNICATIONS SPECIALIST SERVICES
WHEREAS, the City of Mountain House solicited proposals for Communications Specialist Services to support public outreach, community engagement, digital communications, graphic design, website management, and related communications services; and WHEREAS, City staff evaluated the proposals received based on qualifications, experience, responsiveness, cost, and ability to provide the requested services, and determined that MoreThanTalk LLC offered the best overall value to the City; and
WHEREAS, the City Council finds that consultant communications support is necessary to supplement City staff and assist with public information, community engagement, website management, social media, graphic design, event promotion, and strategic communications; and WHEREAS, the proposed Professional Services Agreement, attached hereto as Exhibit 1, provides for an initial one-year term commencing upon execution by the City Manager and continuing through June 30, 2027, in an amount not to exceed Fifty-Five Thousand Dollars ($55,000).

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

1. The City Council approves the Professional Services Agreement attached hereto as Exhibit 1 with MoreThanTalk LLC for Communications Specialist Services for an initial one-year term commencing upon execution by the City Manager and continuing through June 30, 2027, in an amount not to exceed Fifty-Five Thousand Dollars ($55,000).

2. The City Council authorizes the City Manager, or designee, to execute the Professional Services Agreement attached hereto as Exhibit 1 in substantially the form presented to the City Council.

3. The City Council authorizes the City Manager, or designee, to approve and execute minor revisions, non-substantive modifications, annual rate adjustments, optional term extensions, and agreement amendments, as authorized by Exhibit 1 and approved as to form by the City Attorney and Risk Management, provided such actions do not materially increase the City's obligations or exceed the authority granted by this Resolution.

4. The City Council authorizes the City Manager, or designee, to take all actions necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED this 22nd day of July, 2026.

Item 7.8
Mountain House                                               Page 162 of 741 251 E MAIN STREET, MOUNTAIN HOUSE, CA 95391
(209) 831-2300 ● (209) 831-5610 FAX

CONSULTANT AGREEMENT
CONTRACT ID # A-2627-11
DATE:

PARTIES: City of Mountain House: City of Mountain House 251 E. Main Street
Mountain House, CA 95391
CONSULTANT: More Than Talk, LLC
833 Ohio Avenue
Modesto, CA 95358
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 July 14, 2026.

2. Terms of Services:

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

2.2 Term of Agreement. This Agreement shall commence on the date fully executed by the City Manager and continue until June 30, 2027, 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 terminated or extended, as provided for in Section 8. The time Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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2 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. 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 fifty-five thousand dollars ($55,000.00), notwithstanding any contrary indications Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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3 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;
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 Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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4 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. 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.

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5 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, 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 Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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6 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 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.

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 Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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7 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, delegation or subcontract without the prior written consent shall be considered null and void.

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8 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 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 Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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9 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*
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10 IN WITNESS WHEREOF, City of Mountain House and Consultant have executed this Agreement on the day and year first written above.

More Than Talk, LLC City of Mountain House
State of California
By: ____________________________
Rex Osborn, CEO

By: ___________________________
Steven J. Pinkerton
City Manager
Date: _________________________ Date: _________________________ Approved as to Form:

By: ___________________________
John Bakker
City Attorney
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Item 7.8
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11 EXHIBIT A

SCOPE OF SERVICES
[Attached]
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CITY OF MOUNTAIN HOUSE

COMMUNICATIONS SPECIALIST

PROPOSAL, SCOPE AND AGREEMENT
Prepared for: Steve Pinkerton, City Manager
Amanda Durbin, Communications Officer
Prepared by: Rex Osborn, MoreThanTalk LLC
May 8, 2025
MoreThanTalk LLC 1
July 14, 2026
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CITY OF MOUNTAIN HOUSE
Proposal: Communications Specialist Services
Submitted by: MoreThanTalk LLC
To: City of Mountain House
Fiscal Year: 2025–2026

DESCRIPTION
MoreThanTalk LLC proposes to continue providing professional communications consulting services to the City of Mountain House under the updated role of Communications Specialist. The consultant, Michele Davis, will remain the primary point of contact unless otherwise changed in writing. With over 48 months of prior service to the City, Michele brings extensive institutional knowledge, a strong understanding of local needs, and professional expertise in communications, outreach, and design.

PURPOSE
This proposal aims to support the City’s strategic communications and public engagement efforts by offering consistent, high-quality consulting services. The Communications Specialist will assist the City Manager’s Office and other departments in enhancing public communication, maintaining brand consistency, and improving digital outreach through content creation, design services, and campaign support. This day to day management of the consultant will be done by the Mountain House Communications Officer.

SCOPE OF SERVICES

1. Assist with Public Outreach & Content Development
• Curate content for press releases, newsletters, and public announcements • Provide copywriting content for social media and the City’s website • Develop messaging for flyers, signage, email campaigns, and public notices

2. Assist with Graphic Design Support
• Design flyers, infographics, and social media graphics • Provide visual design services to various departments as needed • Maintain visual brand consistency across all platforms MoreThanTalk LLC 2
2026–2027
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3. Assist with Website & Digital Content Maintenance
• Update and manage City web content for accuracy and accessibility • Improve user experience and content readability
• Support SEO and digital analytics initiatives

4. Assist with Event & Campaign Communication
• Promote events with curated promotional materials
• Create marketing assets and informative materials
• Support communication efforts for citywide campaigns

5. Collaboration & Reporting
• Work closely with the Communications Officer and department heads

DELIVERABLES
• Complete task as assigned by the Communications Officer within the scope of duties.

FUNDING
Term: July 1, 2025 – June 30, 2026
Hours: Up to 647 hours annually (approximately 53 hours/month) Rate: $85 Hourly
Total Not-to-Exceed Amount: $55,000
This total represents a 12-month service contract and shall not be exceeded without prior written authorization.

APPROVED BY: REX OSBORN, PRESIDENT / CEO

MORETHANTALK LLC
833 OHIO AVE
MODESTO, CA 95358
209-456-7297
MoreThanTalk LLC 3
Hours: Up to 647 hours annually (approximately 53 hours/month) Rate: $85 Hourly
Total Not-to-Exceed Amount:$55,000
This total represents a 12-month service contract and shall not be exceeded without prior written authorization.

APPROVED BY: REX OSBORN, PRESIDENT / CEO

MORETHANTALK LLC
833 OHIO AVE
MODESTO, CA 95358
209-456-7297
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12 EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
1) Compensation Schedule.

Hours: Up to 647 hours annually (approximately 53 hours/month) Rate: $85 Hourly
Total Not-to-Exceed Amount: $55,000
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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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
$2,000,000 per occurrence;
Bodily Injury and Property Damage
$4,000,000 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
$2,000,000 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
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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, Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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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. Except for Professional Liability insurance, no policy required under this Agreement shall include a wasting policy limit (i.e., a 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.

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16 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 Docusign Envelope ID: 8FAA9055-B5D0-84C5-819F-DAB226BF354C Item 7.8
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17 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.
5615290.3
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Mountain House                                               Page 182 of 741 TITLE: Second Reading of an Ordinance Adding Chapter 2 of Division 2 of Title 5, Relating to Construction, Demolition and Landscaping Debris Recycling and Diversion, and Adding Section 8-1-118, Relating to CALGreen Recycling Requirements MEETING DATE: July 22, 2026
PREPARED BY: Karen Morgan, Utility Manager
Jodi Almassy, Deputy City Manager

RECOMMENDATION
Staff recommends that the City Council waive the second full reading and adopt an Ordinance Adding Chapter 2 of Division 2 of Title 5, Relating to Construction, Demolition and Landscaping Debris Recycling and Diversion, and Adding Section 8-1-118, Relating to CALGreen Recycling Requirements.

BACKGROUND
The City of Mountain House officially incorporated on July 1, 2024. Prior to incorporation, municipal services and regulatory authority, including solid waste and construction and demolition debris requirements, were administered under San Joaquin County. As a newly incorporated city, Mountain House is required to establish and maintain its own Municipal Code and adopt all necessary ordinances to ensure compliance with State law.

One of the key State mandates requiring local implementation is California's Short-Lived Climate Pollutant Reduction Strategy (SB 1383), which requires jurisdictions to adopt enforceable local ordinances implementing specific provisions of the California Green Building Standards Code (CALGreen).

CALGreen (Title 24, Part 11) requires diversion of at least sixty-five percent (65%) of non-hazardous construction and demolition materials from landfill disposal. Additionally, Title 14, Section 18989.1 of the California Code of Regulations requires jurisdictions to adopt enforceable local requirements addressing:
• Recycling of organic waste commingled with construction and demolition debris. • Provision of adequate space for recycling in multi-family and commercial developments.

These provisions must be incorporated into each jurisdiction's Municipal Code and enforced locally.

At its June 9, 2026, meeting, the City Council introduced the proposed Ordinance and waived the first reading. No changes have been made to the Ordinance since its introduction, and it is now before the City Council for second reading and adoption.

Item 7.9
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DISCUSSION
This ordinance represents a necessary step in completing the City’s transition from County-administered regulations to an independent Municipal Code while ensuring compliance with State solid waste and recycling requirements.

The proposed ordinance codifies requirements already established under State law and CALGreen.

Adoption provides the City with local enforcement authority and satisfies CalRecycle’s requirement that jurisdictions maintain enforceable local provisions implementing SB 1383 requirements.

Contractors and developers are already subject to applicable CALGreen requirements. Adoption of the ordinance does not create new State recycling requirements but provides the City with the local authority necessary to administer and enforce those requirements. Specifically, the ordinance:

Title 5 – Health and Sanitation
• Adds a new Chapter 2, Division 2 to create a comprehensive regulatory structure for construction, demolition, and landscaping debris recycling and diversion. • Establishes requirements for:
 Waste management plans at the time of permit issuance  Documentation and reporting of diversion activities
 Recordkeeping requirements
 Enforcement procedures and penalties for noncompliance Title 8 – Building Regulations
Adds new Section 8-1-118 to formally adopt CALGreen SB 1383 baseline requirements related to space for recycling and composting containers. It also establishes a direct link to the City’s Construction, Demolition, and Landscaping Debris Recycling and Diversion requirements and ensures consistency with State law and existing waste management practices.

Adoption of the ordinance will:
• Ensure compliance with SB 1383 and CALGreen mandates
• Maintain local enforcement authority required by CalRecycle • Reduce greenhouse gas emissions associated with organic waste disposal • Extend the life of regional landfill capacity
• Provide clear, predictable requirements for developers, contractors, and property owners Failure to adopt these provisions would leave the City out of compliance with State law and subject to potential enforcement actions by CalRecycle, including administrative penalties.

Item 7.9
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FISCAL IMPACT
There is no significant direct fiscal impact associated with adoption of this ordinance. Administration and enforcement will be managed through existing staff resources and existing development review processes.

STRATEGIC PLAN
Adoption of the ordinance supports implementation of the City’s Strategic Plan, adopted April 9, 2025, by promoting environmental stewardship, regulatory compliance, sustainable development practices, and responsible management of community infrastructure and resources.

CEQA
Adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The ordinance will result in a net environmental benefit through increased waste diversion and reduced greenhouse gas emissions.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Following City Council approval and adoption of the Ordinance:
• The Ordinance will become effective in 30 days following adoption • Staff members will arrange publication, positing, and codification

ATTACHMENTS
Attachment A – Ordinance Adding Chapter 2 of Division 2 of Title 5, Relating to Construction, Demolition and Landscaping Debris Recycling and Diversion, and Adding Section 8-1-118, Relating to CALGreen Recycling Requirements
Item 7.9
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ATTACHMENT A
ORDINANCE NO. 2026-__
AN ORDINANCE OF THE CITY OF MOUNTAIN HOUSE ADDING CHAPTER 2 OF DIVISION 2 OF TITLE 5,

RELATING TO CONSTRUCTION, DEMOLITION AND LANDSCAPING DEBRIS RECYCLING AND DIVERSION, AND ADDING SECTION 8-1-118, RELATING TO CALGREEN RECYCLING REQUIREMENTS, TO THE

MOUNTAIN HOUSE MUNICIPAL CODE
WHEREAS, Title 14, section 18989.1 of the California Code of Regulations requires that jurisdictions, defined under the code as, “a city, a county, or a city and county[,]” adopt an ordinance or other enforceable requirement that requires compliance with Construction and Demolition (“C&D”) recycling requirements for Organic Waste commingled with C&D and for provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and

5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020 (“CALGreen SB 1383 Baseline Requirements”); and WHEREAS, the State of California has adopted the California Green Building Standards Code (Title 24, Part 11, “CALGreen”), which requires diversion of at least sixty-five percent (65%) of non-hazardous construction and demolition (“C&D”) materials from landfill disposal; and WHEREAS, Title 5 of the Mountain House Municipal Code governs Health and Sanitation, including provisions regulating solid waste and related public health matters; and WHEREAS, the City desires to amend Title 5 by adding a new chapter relating to Construction, Demolition, and Landscaping Debris Recycling and Diversion; and WHEREAS, the City desires to add a new section for the purpose of establishing local requirements for CALGreen recycling, including waste management planning, reporting, recordkeeping, enforcement, and penalties for noncompliance; and
WHEREAS, the additions will protect public health and the environment, reduce greenhouse gas emissions, conserve landfill capacity, and provide clarity to contractors and residents regarding construction waste management obligations.

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

SECTION 1. New Chapter 2 of Division 2 of Title 5. Chapter 2 of Division 2 of Title 5 is hereby added to the Mountain House Municipal Code to read as set forth in the attached Exhibit 1.

SECTION 2. New Section 8-1-118. Section 8-1-118 is hereby added to the Mountain House Municipal Code to read as follows:
8-1-118 Compliance with CALGreen Recycling Requirements (a) Persons applying for a permit from the City for new construction and building additions and alterations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if the project is covered by the scope of Item 7.9
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