Agenda packet — Needles City Council, April 14, 2026 (part 10 of 10)

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Needles, hereinafter referred to as AGENCY, will commence on April 1, 2026, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on November 1, 2027.

Recitals

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

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

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

4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives:
a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities.
d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants.
e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population.
f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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

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

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

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

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

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

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

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

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

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

Section I
AGENCY Agrees:

Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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

Section ll
CALTRANS Agrees:

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

Section lII
It Is Mutually Agreed:

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

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

3. AGENCY shall perform all the duties and obligations described in City of Needles – Revive the Desert – Illegal Dumping Cleanup & Community Stewardship hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

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

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

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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6. Project funding is as follows:

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

20.30.010.900
FY 2025/26 $169,355
Local Match/In-Kind $0.00
Total Project Costs $169,355
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

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

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

8. Notification of Parties
a. AGENCY’s Project Manager for Project is Rainie Torrance, Utility Manager (760)326-5700 b. CALTRANS’ District Partnership Liaison is (NAME AND PHONE NUMBER). “District Partnership Liaison” as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Needles
Attention: Rainie Torrance, Utility Manager
Phone Number: (760) 326-5700
Email: [email protected]
Address: 817 Third St
Needles, CA 92363
California Department of Transportation, District Partnership Liaison 08/Clean California
Attention: Brandy Ybarra, Analyst II
Phone Number: (909) 925-7529
Email: [email protected]
Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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464 West 4th Street
San Bernardino, California 92401

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

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

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

11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $169,355
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.

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

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

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

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

13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 6 of 20 ends

allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.

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

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

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

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

15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

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

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

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

18. Iran Contracting Act
AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 9 of 20 ends

that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

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

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

20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

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(3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

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

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

Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 12 of 20 ends

c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 13 of 20 ends

carry out the requirements as noted above.

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

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

27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 14 of 20 ends

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

28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 15 of 20 ends

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

29. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 16 of 20 ends

for any commercial purpose.

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

The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 17 of 20 ends

infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

33. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 18 of 20 ends

recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison

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

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

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

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

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

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

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

39. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 19 of 20 ends

effect.

Section IV
Attachments:

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

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

AGENCY NAME
By:

Printed Name:

Patrick Martinez
Title:

City Manager
Date:
3/25/2026

CALTRANS DISTRICT PARTNERSHIP LIAISON

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Brandy Ybarra
Title:

Analyst II
Date:

Agenda Item 11.

City of Needles
Agreement Number 08-CCEP-5220(012)
AMS ADV ID: 082600103
Project Number: CCEP 08-CCEP-08

Page 20 of 20 ends

CALIFORNIA DEPARTMENT OF TRANSPORTATION

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Walter Yu
Title:

Clean California Program Director
Date:

Agenda Item 11.

BRIDGE
MM 141
BOB BELT BEACH PARK (1st Beach) MANNY MORRIS (2nd Beach) Restroom
MARINA AND GOLF COURSE BOUNDARY AGREEMENT PER RESO 9-1-87-3 WITH B.O.R.

C.O. Play Restroom

S T O R A G ES T O R A G E

S T O R A G E

C A M P I N G

C A B I N S
Restroom

C A M P I N G

C A M P I N G C A M P I N G L A U N C H I N G

C A M P I N G O F F I C E
G A S

P I C K L E B A L L S T O R E STEVE ST SHIRLEY ST STEVE ST KAREN ST

DOLLIE DR

DAVID DR

JAMES PL

ALAN AVE

ROBERT DR

APARTMENTS RIVERVIEW TERRACE
1307

NEEDLES

AQUATIC
CENTER
PUMP
TRACK

BASKETBALL COURT
3 PETE'S

BASEBALL FIELD
SKATE
PARK
SPLASH
PAD

PLAYGROUND
SM. DOG
PARK

SPIKES' DOG
PARK

NIKKI BUNCH

BASEBALL FIELD

FRAN FLOWERS

BASEBALL FIELD
RR

RR DUKE WATKINS PARK COMPLEX

R I V E R

LILLYHILL APARTMENTS

TERRACE VIEW

APARTMENTS

MESA GRANDE

APARTMENTS

RIVER GARDEN

APARTMENTS

NEEDLES HIGH

SCHOOL NEEDLES MIDDLE
SCHOOL

VISTA COLORADO

ELEMENTARY

NEEDLES

SCHOOL DISTRICT OFFICE NEEDLES BUS & MAINTENANCE

BUILDING
Pool Parking

LILLYHILL DRIVE

EL MONTE STREET PARKWAY STREET PERU STREET BALBOA STREET

CARTY WAY

PARKWAY STREET

CORTEZ STREET

DESOTO STREET

RIO VISTA STREET CARTY WAY

CARTY PLCARTY CIR

PERU STREET

PERU STREET DESOTO STREET

FLORA VISTA STREET

LUNA VISTA STREET PARKWAY STREET

J STREET J STREET PUBLIC PARK & UTILITY LANE OAK CIRCLE

SYCAMORE DRIVE

ELM CIRCLE
S. ERIN DRIVE

ERIN DRIVE COLLINS STREET WASHINGTON STREET FAIRMONT AVE PARK AVE

FRONT STREET

K STREET

L STREET

EAGLE PASS RD
4TH STREET
5TH STREET
SPRUCE STREET WALNUT STREET CHESTNUT STREET MARKET STREET NORTH "K" STREETRACE STREET VINE STREET M STREET NORTH "L" ST Q STREET P STREET O STREET N STREET R STREET T STREET RACE STREET VINE STREET

BUSH STREET

VALLEY AVE

DOWNEY AVE CIBOLA STREET D STREET E STREET GRANDVIEW G STREET

SAFARI DR GOLDEN LN

CHERRY DR DESERT DR RIVERVIEW LN MORGAN DR MUSTANG LN HOLIDAY WAY

EASY ST

SCHULZ RD

SPIKES RD
E. SPIKES RD W. SPIKES RD

LILLYHILL DRIVE

LARCHWOOD STREET SANTA FE CIRCLE REDWOOD AVE CASA LINDA STREET CASA LINDA STREET CASA LINDA STREET CALLE HERNANDEZ RD LA CIMA RD PASEO DEL REY STREET CLARY DRIVE BAILEY AVE (Un-Improved) BAILEY AVE

I STREET

G STREETF STREET

E STREET

D STREET

C STREET

B STREET

A STREET
W. BROADWAY AVE
W. BROADWAY AVE THIRD STREET
FOURTH STREET C STREET B STREET (Navajo St) A STREET (Orange St) PALM WAY ROBUFFA

BAZOOBUTH STREET

ACOMA STREET

DESNOK STREET B STREET A STREET PALM WAY QUIVERA

J STREET LA MESA WAY
Wagon

LS ( V A C A T E D )

THIRD STREET

F STREET
ARMY ROAD C STREET (Meridja St) BAILEY AVE ORANGE ST HIGHLAND STREET

MORRIS DRIVE EARL COURT

ERIN DRIVE HOSPITALITY LANE

J STREET

L STREET

CIBOLA STREET BAZOOBUTH STREET

SAN CLEMENTE STREET

SAN LUIS STREET
E. SAN CARLOS ST

GILMAN STREET

ALISO STREET
E. ARIZONA AVE
W. SAN CARLOS STREET

ICE PLANT RD

CORTEZ STREET RIO VISTA STREET

FLORA VISTA STREET

LUNA VISTA STREET

J STREET

PARKWAY STREET

LILLYHILL DRIVE

LILLYHILL DRIVE
SAN CLEMENTE STREET (Un-Improved)
TIERRA SECA DRIVE (Un-Improved) VILLA BELLA COURT BROZA ALTA DRIVE (Un-Improved) ALTA VISTA DRIVE

CALLE HERNANDEZ RD

LA CIMA RD CASA DEL SOL STREET CASA LOMA STREET CASA REAL STREET CLARY DRIVE

LILLYHILL DRIVE LILLYHILL DRIVE D STREET

CRESTVIEW LN J STREET

SAN CLEMENTE STREET BAILEY AVE LEONARD OWENSBY DR

F STREET

VINE STREET

BUSH STREET

CORTEZ STREET

CARTY WAYCORONADO STREET CORONADO STREET BAILEY AVE

LILLYHILL DRIVE

LA CIMA RD

SAN CLEMENTE STREET

SAFARI DR

SAFARI DR
/ SAFARI DR

GOLDEN LN / SAFARI DR

VICTORY DR

VICTORY DR VICTORY DR

MORGAN DR

GOODWILL STREET

DESNOK STREET DESNOK STREET

CIBOLA STREET
ACOMA STREET W. BROADWAY AVE
W. BROADWAY AVE
E. BROADWAY AVE
E. BROADWAY AVE
E. BROADWAY AVE
W. BROADWAY AVE
W. BROADWAY AVE
W. BROADWAY AVE
W. BROADWAY AVE (OVERPASS)
W. BROADWAY AVE (OVERPASS)

H STREET

FRONT STREET

THIRD STREET PARK AVE CORONADO STREET

J ST HILL

K STREET

EAGLE PASS RD

CALIFORNIA AVE MARKET STREET Q STREET P STREET
NEEDLES HWY (ARCH STREET) (RIVER ROAD) PASHARD STREET (ARCH STREET) RIVER ROAD NORTH "K" STREET NORTH "K" STREET

NORTH K STREET

BUSH STREET
WALNUT STREET CHESTNUT STREET MARKET STREET NORTH "L" STREET NORTH "L" STREET M STREET M STREET W. BROADWAY AVE

RACE STREET RACE STREET P ST R STREET S STREET CHANNEL R STREET T STREET U STREET

NEEDLES HWY

PASHARD STREET
COLUMBUS DRIVE NEEDLES HWY BALBOA PLACE (ROUTE 66)
E. BROADWAY AVE
HWY 95 SOUTH
HWY 95 SOUTH
HWY 95 SOUTH
HWY 95 SOUTH

NEEDLES HWY

FRONT STREET
FLIP MENDEZ PARKWAY W. ARIZONA AVE

ICE PLANT RD (PVT)

BRIDGE ROAD

RIVER ROAD MARINA DRIVE

RIVER ROAD

RIVER STREET RIVER STREET

RIVER STREET RIVER ROAD

RIVER ROAD

BEACH DRIVE

LAGOON STREET FAIRWAY DRIVE O STREET Q STREET LEWIS LN (FMIT) DAVIDSON ST (FMIT) LAMBERT ST (FMIT)

ROSS ST (FMIT) MERRIMAN STREET (FMIT) SMOKESTACK AVE (FMIT)

BARRCKMAN ST (FMIT) MONTEREY AVE Q STREET

SPIRIT RUNNERS
PARK

RESTROOMS

PARK C O L O R A D O
GYM

CAFETERIA
(OLD)

CAFETERIA

AUDITORIUM
POOL

SMITH RD

HIGH WATER TANKS PARKWAY STREET

ILLEGAL DUMPING & WEED ABATEMENT
Within City of Needles
Dump Site or Weed
Abatement Location
Z:\-- T ELLMORE\My DRAWINGS\NEW BASE MAP\BASE MAP 2025 - 101625.dwg, Layout1, 10/16/2025 12:10:51 PM, Drawn by: Tammy Ellmore City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: April 14, 2026
Title: City Council Resolution No. 2026-5 Approving the Ostby Economic Development Program Application for a New Residence located at 3632 Riverview Terrace, Also Known as 0660-151-40-0000
Background: On March 12, 2019, the City Council approved Resolution No. 2019- 8 which established an Economic Development Program that is designed to assist homebuilders, businesses, and individuals proposing new construction, expansion, or property improvements within the City.

Pam Ostby, property owner and resident of Needles, has applied for the Economic Development Program. Mrs. Ostby constructed a new home, detached garage, pool, masonry walls, and additional site improvements on a vacant parcel on Riverview Terrace Drive.

Pam Ostby has completed $768,056.63 in improvements to the property located at 3632 Riverview Terrace. Mrs. Ostby has submitted an Economic Development Program Application requesting $18,684.45 in expenses. Staff reviewed the application and supporting receipts and determined $15,361.13 in eligible expenses, with the remainder deemed ineligible under program guidelines, representing 2% of the total eligible construction cost. The funds were used towards labor and materials to complete the property improvements.

The applicant meets the requirements to be eligible for the Economic Development Program Grant Funds based on the following:

1. The applicant is constructing a new home in the City of Needles to be their permanent residence for a minimum of five (5) years.

2. The applicant is providing a private investment that is at least twice the amount of the grant requested.

Fiscal Impact: The Economic Development Grant Fund eligible expenses of $15,361.13 funded through Cannabis Tax revenues. The fund currently has a balance of approximately $337,662.38 in FY 2025-26.

Recommended Action: Approve City Council Resolution No. 2026-5 Approving the Ostby Economic Development Program Application for a New Residence located at 3632 Riverview Terrace, Also Known as 0660-151-40-0000 and authorizing payment of $15,361.13 to Pam Ostby.

Submitted By: Kathy Raasch, Director of Development Services/Capital Projects City Management Review: __________________ Date: ______________ Approved: Not Approved: Tabled: Other:

Agenda Item: ____________
4/9/2026
Agenda Item 12.

RESOLUTION 2026-5

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEEDLES

APPROVING THE OSTBY ECONOMIC DEVELOPMENT PROGRAM APPLICATION FOR A NEW RESIDENCE LOCATED AT 3632 RIVERVIEW TERRACE, ALSO KNOWN AS 0660-151-40-0000 WHEREAS, on March 12, 2019, the City Council approved Resolution No. 2019-8 which established an Economic Development Program designed to assist homebuilders, businesses, and individuals proposing new construction, expansion, or property improvements within the City of Needles, excluding cannabis-related uses; and
WHEREAS, Pam Ostby, property owner and resident of Needles, has applied for the Economic Development Program. Mrs. Ostby constructed a new home, detached garage, pool, masonry walls, and additional site improvements; and
WHEREAS, the applicant has committed to occupying the residence as their primary residence for a minimum of five (5) years in accordance with program requirements; WHEREAS, Pam Ostby has completed $768,056.63 in improvements to the property located at 3632 Riverview Terrace. Mrs. Ostby has submitted an Economic Development Program Application and staff approved $15,361.13 expenses representing 2% of the total eligible construction cost. The funds were used towards labor and construction materials to complete the property improvements. Mrs. Ostby invested $768,056.63 that meets the program requirements of at least twice the amount of the grant requested; and
WHEREAS, the City Council understands the importance of creating economic development opportunities in the City and the Economic Development Program is an instrument which assists individual homebuilders and new non-cannabis businesses in the City.

NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the City of Needles as follows:

PASSED, APPROVED AND ADOPTED this 14th day of April 2026 by the following roll call vote:

SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to approve RESOLUTION 2026-5.

SECTION 2. The CITY COUNCIL HEREBY APPROVES Resolution 2026-5, Approving the Economic Development Program Application for a new residence located at 3632 Riverview Terrace (APN 0660-151-40-0000) and authorizes payment in the amount of $15,361.13 to Pam Ostby.

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
(Seal) Attest:

City Clerk
Approved as to form:

City Attorney Agenda Item 12.

Agenda Item 12.

Agenda Item 12.
3632 Riverview Terrace
“Before Construction”
Agenda Item 12.
3632 Riverview Terrace
“New Construction”
Agenda Item 12.
3632 Riverview Terrace
“New Construction”
Agenda Item 12.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA HACN Regular Special
Meeting Date: April 14, 2026
Title: Authorize the City to co-sponsor the Route 66 Centennial Car Show (November 14, 2026) in partnership with the River Cruizers Car Club
Background: As part of the City’s broader Route 66 Centennial programming, the Route 66 Centennial Car Show scheduled for November 14, 2026, is planned as a follow-up weekend activation to extend visitation and maintain momentum following the primary Centennial Celebration.

Unlike the City-hosted Centennial event on November 7, this car show is a partner-driven event led by the River Cruizers Car Club, focused on classic cars, tourism, and downtown activation. The event is expected to attract regional car clubs, Route 66 travelers, and visitors who may extend their stay or return the following weekend, directly benefiting local businesses.

The City has been approached by the River Cruizers Car Club to co-sponsor the event through in-kind services, including coordination support, traffic control, public works assistance, and promotion. This approach allows the City to support expanded Centennial programming without assuming full event production responsibilities.

This staggered event strategy is intentional—creating multiple points of engagement throughout November to maximize economic impact, increase overnight stays, and reinforce Needles’ position as a key destination along Historic Route 66.

This effort supports the City Council’s goals of fostering economic growth and tourism, enhancing community engagement through public events, and promoting recreational activities that strengthen Needles’ identity as the Gateway to California.

Fiscal Impact: Estimated in-kind support value of approximately $500, including limited staff time and minor public works support. No additional appropriation is required.

Recommendation: Authorize the City to co-sponsor the Route 66 Centennial Car Show scheduled for November 14, 2026, in partnership with the River Cruizers Car Club through in-kind services and staff support.

Submitted By: Jennifer Valenzuela, Recreation Manager
Patrick Martinez, City Manager
City Manager Approval: Date: 4/8/2026
Other Department Approval (when required): Date:

Agenda Item 13.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA HACN Regular Special
Meeting Date: April 14, 2026
Title: Consider Parking Modifications on F Street and Front Street, Including 2-Hour Parking and No Parking Designations
Background: At the request of Mayor Jernigan, this item is being brought forward for City Council consideration regarding parking conditions along F Street and Front Street, adjacent to Set Free Thrift Store and St. Vincent de Paul.

This area continues to experience parking and loading challenges, as both businesses rely on access along Front Street, including use of the existing loading zone. Current conditions have resulted in congestion, limited turnover, and inconsistent parking patterns.

Historically, the City has evaluated parking configurations in this area, including angled parking. Prior analysis determined that angled parking along Front Street created traffic circulation and safety concerns due to the limited roadway width.

The City has implemented time-limited parking in other areas to improve turnover and ensure availability for customers and businesses.

As shown in Exhibit A, staff has identified a conceptual layout that includes:
• No parking zones along portions of Front Street and the F Street intersection to improve visibility, turning movements, and access
• 2-hour parking along F Street to promote turnover and support adjacent businesses The exhibit illustrates both aerial and field conditions, highlighting existing congestion points and proposed areas for restriction and time-limited parking.

These modifications are intended to improve safety, enhance business access, and create a more efficient and functional parking environment.

Fiscal Impact: Costs associated with an engineering review and implementation, including signage, striping, and staff time.

Recommendation: Provide direction to staff regarding parking modifications on F Street and Front Street.

Submitted By: Janet Jernigan, Mayor
City Manager Approval: Date: 4/8/2026
Other Department Approval (when required): Date:

Agenda Item 14.

F-Street and Front Street
No Parking
Agenda Item 14.

F-Street
2 –Hour Parking
Agenda Item 14.

City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: April 14, 2026
Title: Ordinance No. XXX-AC Amending Chapter 13, Article IV of the Needles Municipal Code to Prohibit Commercial Trucks Over 14,000 Pounds Gross Vehicle Weight Rating (GVWR) on Restricted Residential Streets
Background: This item recommends amending Chapter 13, Article IV (Use of Certain Streets by Commercial Vehicles Prohibited) to the Needles Municipal Code. The proposed ordinance would prohibit trucks over 14,000 pounds gross vehicle weight rating (GVWR) from operating on restricted City streets, with exceptions for local deliveries, public safety, and essential services. The ordinance establishes a $500 administrative citation for commercial truck parking and operation on non-designated routes.

On February 28, 2023, the City Council adopted the Land Use & Transportation Element, which established a framework for identifying a truck network to support industrial and commercial growth while minimizing impacts to residential areas and sensitive receptors. The Transportation Element recommended that the City formalize truck routes and restrict heavy truck traffic in residential neighborhoods.

On November 18, 2025, the City Council requested that staff evaluate prohibiting heavy truck traffic on residential streets and near schools.

The proposed ordinance, prepared in consultation with the City Attorney and consistent with California Vehicle Code Section 35701, establishes the following:

Truck Restrictions
• Prohibit trucks over 14,000 pounds gross vehicle weight rating (GVWR) from operating on restricted streets identified in Exhibit A of the ordinance.
• Authorizes local deliveries and access for public utilities, emergency vehicles, solid waste haulers, postal services, and municipal operations.
• Compliant signage at all designated locations prior to enforcement.

Purpose and Benefits
The ordinance aims to:
• Enhance safety and mobility within residential and mixed-use areas. • Reduce road degradation caused by heavy trucks.
• Align with the City’s Transportation Policy TR-1.9 and Assembly Bill 98 regarding sensitive receptor protection.
• Support local economic development by ensuring truck traffic remains on designated arterial corridors.

Fiscal Impact: Cost of regulatory signage for truck restrictions Recommendation: Provide Staff Direction
Submitted By: Kathy Raasch, Director of Development Services/Capital Projects Lena Wade, Esq., Deputy City Attorney
City Manager Approval: Date:

Other Department Approval (when required): Date:
4/9/2026
Agenda Item 15.

ORDINANCE XXX-AC

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEEDLES REPEALING AND REPLACING CHAPTER 13, ARTICLE IV, SECTION 13-

35.1 ENTITLED “USE OF CERTAIN STREETS BY OVERSIZED VEHICLES PROHIBITED” TO PROHIBIT COMMERCIAL TRUCKS OVER 14,000

POUNDS GROSS VEHICLE WEIGHT RATING (GVWR) ON RESTRICTED

RESIDENTIAL STREETS
WHEREAS, California Vehicle Code Section 35701 authorizes the City of Needles (“City”) to adopt ordinances prohibiting the use of streets by certain vehicles exceeding a specified weight when alternate routes have been provided; and WHEREAS, on June 22, 2021, the City passed, approved and adopted Ordinance 640-AC which amended Needles Municipal Code Chapter 13, Article IV by adding section 13-35.1 Entitled “Use Of Certain Streets By Oversized Vehicles Prohibited;” and WHEREAS, the City of Needles may prohibit any commercial vehicle exceeding a certain manufacturer’s gross vehicle weight rating, subject to certain exemptions, from using certain roadways consistent with the City’s Policy (TR-1.9) in the Land Use & Transportation Element adopted on February 28, 2023; and WHEREAS, the purpose of this ordinance is to enhance traffic safety, reduce roadway maintenance costs, and preserve the residential and community character of designated streets by prohibiting the use of certain City streets by trucks exceeding 14,000 pounds gross vehicle weight rating (GVWR), consistent with the requirements of the California Vehicle Code (CVC) and the California Department of Transportation (Caltrans); and
WHEREAS, the City seeks to repeal and replace Needles Municipal Code section 13-35.1 as set forth in Exhibit “A” attached hereto.

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

SECTION 1. Incorporation of Recitals. The recitals reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

SECTION 2. CEQA. Pursuant to Section 15060(c)(2) of the California CEQA Guidelines, adoption of the subject Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to CEQA. Additionally, pursuant to Section 15060(c)(3) the activity is not a “project” as defined in Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 3. Repeal and Replacement of Needles Municipal Code Section 13-

35.1. Needles Municipal Code Section 13-35.1, entitled Use of Certain Streets by Commercial Vehicles Prohibited, of the Needles Municipal Code is hereby repealed and Agenda Item 15.
replaced as set forth in Exhibit “A” attached hereto and incorporated herein by this reference.

SECTION 4. Effective Date. This action shall become final and effective thirty (30) days after this decision by the City Council as provided by the Needles Municipal Code.

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 6. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall transmit copies of the same to the applicant.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Needles, California, held on the XXth day of April, 2026, by the following roll call vote:

AYES:

NOES
ABSENT:

ABSTAIN:
_________________
Mayor
Attest: __________________
City Clerk
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Needles, California, held on the XXth day of April, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________
Mayor
(Seal) Attest: _________________
City Clerk
Approved as to form:

Agenda Item 15.
_________________________
City Attorney
Agenda Item 15.

Exhibit “A”
to Ordinance XXX-AC
CHAPTER 13. MOTOR VEHICLES AND TRAFFIC
Article IV. Operation of Vehicles.

Sec. 13-35.1 Use of certain streets by oversized vehicles prohibited. (a) Whenever this chapter designates and describes any street or portion thereof as a street the use of which is prohibited to any oversized vehicle, the city traffic engineer shall erect and maintain appropriate signs on those streets affected.
(b) The provisions of this section shall not apply to passenger buses under the jurisdiction of the state public utilities commission.
(c) In accordance with this section, the following streets and parts of streets are hereby declared to be streets the use of which is prohibited by any oversized vehicle over 14,000 pounds gross vehicle weight rating (GVWR) (except school buses and city vehicles) and/or eight (8) feet tall and subject to the exceptions of sections 35701 and 35703 of the Vehicle Code of the state:

Third Street, between J and C Streets.

North K Street, between Needles Highway and Front Street.

Chestnut Street, between West Broadway and North K Street.

Walnut Street, between West Broadway and North K Streets.

M Street, between Needles Highway and Spruce Street.

N Street, between Needles Highway and Spruce Street.

All residential streets listed on the City of Needles Transportation Element, as may be amended from time to time.
(d) Exceptions. The provisions of this section shall not apply to trucks performing local deliveries or local pick-ups to or from destinations located on the restricted streets, provided no reasonable alternative route exists; trucks owned or operated by a public utility, public agency, or municipality engaged in construction, maintenance, or emergency operations; emergency vehicles as defined California Vehicle Code section 165; transit vehicles, including buses operated by public transit agencies; or garbage collection, postal service, and other essential municipal service vehicles. (e) Signage. Appropriate signage indicating the truck restrictions in this section shall be installed by the City at all affected street entrances to provide notice to drivers, in accordance with Caltrans and California Manual on Uniform Traffic Control Devices (CA MUTCD) standards. Enforcement of the prohibition shall commence upon installation of said signage.
(f) Violation—Penalty. In the discretion of the Enforcement Officer or designee identified by the City Manager, any person violating the provisions of this section 13-35.1 shall be issued an administrative citation or a citation for a misdemeanor pursuant to Needles Municipal Code section 2A-04. In either case, the amount of the fine shall be in the appropriate amount set forth within this section 13.35.1, provided, however, that the following specific fines shall apply:

Agenda Item 15.
(1) A fine of five hundred dollars ($500) shall be imposed for the unauthorized parking of any commercial vehicle in a location not designated for commercial vehicle parking and/or on a roadway that is not an authorized truck route, in violation of this Chapter.
(2) A fine of five hundred dollars ($500) shall be imposed for the operation of any commercial vehicle on a roadway that is not an authorized truck route, in violation of this Chapter.

Agenda Item 15.

Land Use & Transportation Element
Adopted February 28, 2023 12 City of Needles
Exhibit 4: Roadway Network
Land Use & Transportation Element
Adopted February 28, 2023 13 City of Needles
Exhibit 5: Bicycle and Pedestrian Network
Land Use & Transportation Element
Adopted February 28, 2023 15 City of Needles
Exhibit 7: Truck Network
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: April 14, 2026
Title: Authorize the City Manager to Execute a Professional Services Agreement with Urban Futures, Inc. (UFI) for Financial Advisory Services Related to the Evaluation and Development of a General Obligation Bond, Not to Exceed $25,000
Background: On February 10, 2026, the City Council provided direction to staff to begin researching the feasibility of a General Obligation (GO) Bond to fund completion of the City’s Pavement Management Program (PMP).

In 2019, the City adopted a 15-year Pavement Management Plan to systematically improve all 47 miles of roadway. Since 2020, the City has invested approximately $12 million in roadway and infrastructure improvements, successfully rehabilitating approximately 18 miles, or nearly 40% of the system. While significant progress has been made, approximately 60% of the roadway network remains in need of rehabilitation or reconstruction.

The City Council has expressed interest in completing the remaining roadway improvements through a phased General Obligation Bond program, to be repaid through property tax assessments within the City.

On March 24, 2026, the City Council established an Ad Hoc Committee to evaluate potential ballot measures and appointed Mayor Jernigan, Vice Mayor Campbell, and Councilmember Longbrake.

On April 7, 2026, the Ad Hoc Committee met with Urban Futures, Inc. (UFI), a municipal financial advisory firm that currently provides ongoing services to the City, including annual reporting and compliance for the City’s existing utility bond programs. UFI submitted a proposal to assist the City in evaluating and developing a potential voter-approved funding measure, including a General Obligation Bond. Services include voter feasibility assessment, financial analysis, funding capacity evaluation, and preliminary program development to support potential ballot measure preparation.

UFI has extensive experience advising California cities on municipal finance and maintains a longstanding relationship with the City, with demonstrated knowledge of the City’s financial structure, existing debt portfolio, and capital needs.

The proposed agreement establishes a not-to-exceed amount of $25,000 and includes services necessary to evaluate feasibility and develop a potential funding strategy for City Council consideration.

Fiscal Impact: The agreement is for a not-to-exceed amount of $25,000 to be funded by General Fund reserves.

Recommendation: Authorize the City Manager to execute a Professional Services Agreement with Urban Futures, Inc. (UFI) to provide financial advisory services related to the evaluation and development of a potential General Obligation Bond, in an amount not to exceed $25,000.

Submitted By: Patrick Martinez, City Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services
Urban Futures, Inc.

March 18, 2026
Public Finance | Public Management |Analytics & Compliance Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 Table of Contents
Cover Letter...................................................................................................................................................................1 A. Firm and Team Experience .......................................................................................................................................1

1. Team Qualifications..................................................................................................................................................1

2. Firm Qualifications....................................................................................................................................................3 B. Cost Proposal ........................................................................................................................................................111 Appendix A: Professional Resumes – UFI Team Members......................................................................................124 Appendix B: Regulatory Disclousres............................................................................ Error! Bookmark not defined.6 Agenda Item 16.
1 UFI Financial Solutions
Cover Letter
February 3, 2026
Partick Matrinez, City Manager
City of Needles
817 Third Street | Needles, CA 92363
Re: Urban Futures, Inc. – Request for Proposals - Municipal Financial Advisory Dear Mr. Martinez:

Urban Futures, Inc. (UFI) is pleased to submit this proposal to the City of Needles (the City) for the purpose of providing objective and independent municipal financial advisory services to the City. As one of California’s leading municipal advisory firms, we believe we are uniquely positioned to provide the City with a high level of service from an experienced team of California-based professionals.

We feel privileged to have had a long-standing relationship with the City since 2016, and we are proud to have supported a wide range of critical initiatives during that time. No other municipal advisory firm brings the same depth of knowledge or familiarity with the City’s financial landscape. Our team understands the City’s goals, financing needs, current debt portfolio, and operational priorities, and we are excited to build on that foundation as we continue supporting the City in its next chapter.

We have strived to provide the City with tailored, strategic guidance across a range of financing tools and policy issues. Looking ahead, our commitment remains the same: to serve as an extension of City staff, deliver sound financial strategies, and support the City’s long-term vision.

The following is a summary of our distinguishing expertise and services:
• #1 Ranked California Municipal Advisor: UFI has been a leader in providing financial advisory services since 1972 to over 300 public agencies throughout California. UFI is ranked as the top financial advisory firm in California over the last 5-year period as measured by the number of transactions completed1. UFI is in the market virtually every week, advising on more bond sales than any other firm. • Relevant and Local Experience: Our experience assisting cities in Southern California gives us a firm grasp on the local economic landscape as well as the unique challenges and opportunities faced by the City. We regularly engage with cities in Riverside County to advise on public facilities financings, often bridging municipal advisory activities and analysis with in-house consulting engagements leading to successful economic development.
• Experienced Personnel: The team assigned to the City includes professionals with deep expertise across enterprise and general fund credits, credit analysis, pricing execution for bond sales, as well as postissuance compliance services, and financial forecasting. UFI’s municipal advisors and consultants include a former city finance director/assistant city manager, special district general counsel, public finance investment bankers, and a rating agency analyst, which allows us to offer the City a comprehensive blend of qualifications and resources. With advisors based in Southern California, we are available to meet with the City as often as is necessary to complete upcoming assignments. 1 Source: SDC Platinum (Thomson Reuters)
Agenda Item 16.
2 UFI Financial Solutions
• Technical Competence: Providing our clients with responsive and high-quality analytical services is central to our corporate mission. Our advisors have extensive financial modeling and credit analysis experience directly related to the types of debt issued by the City. In addition, UFI has extensive experience advocating for our clients through preparing best-in-class rating presentations. Our priority is to help the City execute future financings at the lowest possible cost while maintaining its strong credit position.

Working with the City is very important to us. UFI is committed to dedicating as much of the firm’s resources to the City as is necessary, and to completing assignments in a comprehensive and timely fashion. Thank you very much for your consideration.

Sincerely,
Michael Busch Branden Kfoury
Chief Strategy Officer Director
(714) 923-3541 (714) 923-3560
[email protected] [email protected]
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 1 A. Firm and Team Experience

1. Team Qualifications
Provided below is the contact information for the project manager assigned to this engagement. Mr. Busch has served as the City’s municipal advisor continuously since 2007 and has extensive experience and familiarity with the City’s financial operations and long-term objectives.

Primary Contact: Michael Busch, Chief Strategy Officer
Office: (714) 923-3541
E-mail: [email protected]
For this proposal we are assigning two senior level municipal advisors as well as the firm’s Series 54 principal, who oversees compliance activities for the firm. Michael Busch will serve as the primary contact and will have overall responsibility for client service delivery; Branden Kfoury will serve as transaction manager for municipal advisory services and will provide dayto-day coverage. Wing-See Fox, Managing Director and Series 54 principal, will be responsible for overseeing the municipal advisory activities to ensure compliance with MSRB rules and other applicable regulations.

Cumulatively, the core project team assigned to the City has a decade of experience working with the City of Needles, and maintains extensive experience assisting cities in Southern California, with a large number of Riverside County cities, with the execution of general fund financings, enterprise fund financings, and other economic development assignments.

We are committed to delivering consistent, high-quality service throughout the term of the agreement. For each financing engagement, UFI assigns a minimum of two municipal advisors to provide both strategic guidance and dayto-day responsiveness. The designated project manager is supported by a broader team of professionals with deep expertise in the full range of financing mechanisms utilized by the City. This staffing approach ensures continuity, responsiveness, and a consistently high level of service for the duration of the engagement.

Provided below is a summary of the assigned team, qualifications, education, and relevant experience.

UFI Team Biographies – Key Personnel
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 2 Municipal Advisory
Michael Busch, Chief Strategy Officer| (714) 923-3541
Role: Financing Strategy/Primary Contact
Office Location: Southern California
Experience: Michael is a seasoned municipal executive and public finance professional with 30 years in public finance with the last 18 years at Urban Futures, Inc. (UFI), where he served as owner and Chief Executive Officer before becoming Chief Strategy Officer. His career includes senior leadership roles as Assistant City Manager and Finance Director, guiding public agencies with strategic fiscal management and operational leadership. Michael has advised cities, special districts, and nonprofits across California, helping them identify emerging trends, navigate complex policy issues, share best practices, and advance their missions through sound fiscal and economic strategies. Over his career, he has structured and managed more than $5 billion in tax-exempt and taxable debt, including lease revenue bonds/COPs, water and wastewater revenue bonds, pension obligation bonds, tax allocation bonds, CFD and assessment district bonds, and New Market Tax Credits. Recognized for linking prudent fiscal policies with economic development objectives, Michael has helped deliver numerous high-priority projects for communities statewide. His current and recent clients include the Water Replenishment District of Southern California, Walnut Valley Water District, and the Cities of Eastvale, Ontario, San Jacinto, Pomona, Oceanside, Azusa, Banning, Beaumont, Lake Elsinore, and Menifee.

Branden Kfoury, Director | (714) 923-3560
Role: Transaction Manager/Day-to-day coverage
Office Location: Southern California
Experience: Branden Kfoury joined Urban Futures in 2019. He has worked on a variety of debt offerings for cities and special districts in California including, but not limited to utility revenue bonds, general obligation bonds, lease revenue bonds, CFD and assessment district bonds, as well as tax allocation bonds. Mr. Kfoury has extensive experience in all aspects of the bond financing process and excels at providing value-added debt structuring, credit, and quantitative analysis. Since joining UFI, Mr. Kfoury has assisted with financing and consulting assignments for the Cities of Encinitas, Newport Beach, Eastvale, Ontario, Fullerton, Pasadena, and Menifee. Previously, Mr. Kfoury worked as a Senior Associate at Fieldman, Rolapp & Associates where he supported the firm’s city and special district clients. Mr. Kfoury has held prior roles in public finance investment banking, bond insurance, as well as in the technology industry. Mr.

Kfoury passed the CFA Level I Exam in May 2025.

Municipal Advisory Compliance
Wing-See Fox, Managing Director | (650) 503-1500
Role: Series 54 Principal
Office Location: Northern California
Experience: Wing-See Fox is the Series 54 Municipal Advisor Principal of UFI and leads the Public Finance Group. Wing-See has over a decade of experience in the fields of municipal advising, public finance, and municipal securities. She has worked on over $3 billion in municipal debt offerings for various credits, including general obligation bonds for cities and special districts. Wing-See focuses on California cities and excels in transaction management, credit analysis, developing funding alternatives, and structuring bond transactions to meet the needs of the issuer while maximizing credit strength and marketability to investors. Prior to joining UFI in 2017, Wing-See worked as a public finance investment banker. She is an active member of the Northern California Chapters of Women in Public Finance (WIP) and Asian Americans in Public Finance (AAPF) as well as CSMFO. Wing-See received an MBA from Columbia Business School, MSW from Columbia University School of Social Work, and BA from Stanford University. Her current and recent clients include the Cities of Victorville, Oceanside, Goleta, Watsonville, Cosumnes CSD, Atascadero, and Manteca.

Professional resumes for the primary assigned staff and additional support staff available to assist the City are included in Appendix A.

Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 3 References: We encourage you to contact any of our recent clients listed below to learn more about their experience and satisfaction with UFI. Our firm has a strong record of accomplishment serving a diverse range of cities and special districts across California, including full-service cities comparable in size and complexity to Needles.

This breadth of experience reflects our ability to support agencies with varying needs, priorities, and financial structures.

2. Firm Qualifications

UFI IS A TOP-RANKED MUNICIPAL ADVISOR
Since 1972, Urban Futures, Inc. (UFI), has provided municipal advisory services to hundreds of California cities, special districts, redevelopment agencies, counties, schools, community colleges, and non-profits. UFI is registered as an Independent Registered Municipal Advisor (IRMA) with the Municipal Securities Rulemaking Board (MSRB) and the Securities and Exchange Commission (SEC).

City of Ontario
Armen Harkalyan, Executive Director of Finance
Phone: (909) 395-2355
E-mail: [email protected]
200 North Cherry Avenue, Ontario, CA 91764
Scope of Work: MA services for 2025 Lease Revenue Bonds, 2024 Water Revenue Bonds, Various CFD Bond Issues and CFD Formations; financial forecast
UFI Personnel: Michael Busch, James Morris, and Branden Kfoury City of Pomona
Andrew Mowbray, Finance Director/City Treasurer
Tel: (909) 620-2353; E-mail: [email protected] 505 South Garey Avenue, Pomona, California 91766
Scope of Work: Municipal Advisory Services for Tax Allocation Bonds, Capital Lease, Pension Obligation Bonds; Pension Analysis Services; Continuing Disclosure Services UFI Personnel: Michael Busch and James Morris
City of Fullerton
Toni Smart, CPA, Deputy Director of Administrative Services Tel: (714) 738-3139; E-mail: [email protected] 303 W. Commonwealth Ave., Fullerton, CA 92832
Scope of Work: Municipal Advisory Services for Tax Allocation Bonds, Capital Lease, CFD Bonds, CFD formation, Pension Analysis Services; Continuing Disclosure Services UFI Personnel: Branden Kfoury and James Morris
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 4 UFI is a California-based, California-focused firm, combining a top-ranked municipal advisory practice with a financial consulting practice that has decades of public finance and executive-level government experience. Clients engage our firm to provide a range of services, including municipal advisory assignments for debt issuance across a multitude of credits, capital funding analysis and preparation of finance plans, and non-municipal advisory services including post-issuance compliance financial forecasting, tax and revenue analysis, and development of fiscal strategies.

Our firm has 22 employees, 18 of whom are Series-50 licensed municipal advisors, including 7 based in Southern California. In addition, UFI has two registered Series 54 Principals wo are responsible for overseeing the municipal advisory activities of the firm to ensure compliance with MSRB rules and other applicable regulations.

We believe our extensive experience with California municipalities, and strong understanding of local policy, legal, and market environments make us well-qualified to provide the services needed by the City. For the scope of services, professionals from our Public Finance Group will be assigned to provide municipal advisory services to the City. UFI provides additional services, including financial forecasting and fiscal assessment tools via our Public Management Group. A description of the three main UFI divisions is provided below:

Public Finance Group (“PFG”) provides municipal advisory services, debt analysis, financing plans, and access to capital markets for various transaction types, including Enterprise Revenue Bonds, General Obligation Bonds, Tax Increment financings, Real Property Leases, Equipment Leases, Land Secured Bonds, and Pension Obligation Bonds, as well as Public Private Partnerships (P3), and Enhanced Infrastructure Financing Districts (EIFDs). We help staff evaluate and implement various financing options for priority projects (including bonds, revolving lines of credit, and State and Federal loan programs) and refinancing opportunities. This group includes Isom Advisors, a division of UFI, that specializes in education financing.

Public Management Group2(“PMG”) provides in-depth and insightful analysis of our client's financial history and current position, revenue and expense structures, long-term liabilities and risks, and fiscal outlook through the use of custom financial models, long-term forecasts, and fiscal assessment tools that integrate a wide variety of econometric, financial and demographic data with key metrics, benchmarks and best practices. More importantly, the diversity and experience of our PMG team enable UFI to transform the financial data and analysis into actionable management information, reports and plans that provide specific recommendations, and strategies supported by the analytics that help our clients achieve their goals and objectives.

Analytics and Compliance Group
1 provides services related to post-issuance compliance, including continuing disclosure, arbitrage rebate, and CDIAC reporting compliance. UFI’s Analytics & Compliance Group is dedicated to managing the comprehensive continuing disclosure and post-issuance compliance needs of our California clients.

UFI has been providing continuing disclosure services since 1994, when the reporting requirements were first mandated. We currently serve over 200 California cities, enterprise districts, utilities, successor agencies, joint powers and financing authorities, school districts, and charter schools, with extensive experience providing disclosure reporting for various credit types, legal structures, and methods of sale. 2 Non-Municipal Advisory Service
Urban Futures, Inc.
✓ 54 years in business
✓ 18 registered MAs
✓ 2 Series 54 Principals
✓ 100% focus on California public
agencies
✓ #1 ranked CA firm since 2017*

1470 Maria Creek Lane | Walnut Creek, CA 94596
*Source: SDC Platinum, Equal to each manager
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 5 As the #1 ranked Municipal Advisory firm in California by number of deals (Source: SDC), our firm typically completes 100 or more financings each year. A full listing of transactions completed over the past three years is included in Appendix B.

Our advisory team has deep experience with all the financing structures previously used, and possibly under consideration, by the City of Needles, including general fund lease revenue bonds, certificates of participation, tax allocation bonds, private placements, special tax bonds, community facility district bonds, and water / wastewater revenue bonds. This deep level of activity provides us with up-to-date insight into market trends, challenges, and opportunities, which we believe significantly enhances the services we offer to our clients.

In addition to our core financing services, UFI offers clients integrated support for post-issuance compliance, longterm financial forecasting, fiscal sustainability planning, and pension liability strategies. Cities that engage us across multiple service areas benefit from the continuity, efficiency, and holistic understanding we bring by working closely with their full financial picture in mind.

Currently, we understand the City seeks to evaluate the feasibility of issuing or refunding debt for a variety of purposes, including a plan for additional water and street infrastructure projects. UFI has deep experience in each of these areas, and we have outlined our relevant expertise below to demonstrate how we are well positioned to support the City in these potential efforts.

General Fund Financings
Since 2020, the firm has closed 130 California financings secured by general fund revenues. Our general fund financing experience has included various structures, including real property lease transactions, pension obligation bonds, certificates of participation, equipment leases, new money transactions and refundings for cities, special districts, and school districts throughout the State. The team assigned has completed a number of recent general fund lease engagements for the Cities of Ontario, Lake Elsinore, Encinitas, and Orange and recently completed an inaugural lease transaction for the City of Eastvale.

Water and Wastewater Financings
The assigned team has broad experience assisting issuers across California with water and wastewater-related financings, as well as strategic advisory assignments. Recent relevant engagements include water and sewer financings for the Cities of Ontario, Beaumont, and Covina, along with transactions for Diablo Water District, Rowland Water District, Walnut Valley Water District, and the Water Replenishment District of Southern California.

Additionally, Michael Busch is currently engaged by the Mission Springs Water District located in Desert Hot Springs exploring financing options related to Chrome 6 regulatory issues similar to those facing the City of Needles.

Land Secured Financings
We offer deep and specialized experience in land-secured financing. In the past five years, UFI has closed more than $440 million in land secured bonds, ranking us as the third most active firm in California. Our experience spans a wide variety of developer types for CFDs, as well as assessment district financings. Notably, we have completed four utility undergrounding assessment district financings for the City of Newport Beach since 2020. In addition, we take an active role in monitoring outstanding bonds and keeping our clients apprised of possible refunding opportunities.

For example, we recently completed multiple pooled CFD refundings for the Cities of Beaumont, Oceanside, and Lake Elsinore.

Our Experience with the City
We are honored to have served as the City of Needle’s municipal advisor for the past 10 plus years, providing strategic analysis, advising on more than $10 million in transactions, and assisting the City with post-issuance compliance. Our transaction work with the City during this time has spanned various departments including public utilities and assistance with the former Redevelopment Agency.

Rank Firm No. of
Issues
1 Urban Futures Inc 627
2 Fieldman Rolapp & Associates 479
3 KNN Public Finance 364
4 PFM Financial Advisors LLC 290
5 Public Resources Advisory Group 206
Source: SDC Platinum (Thomson Reuters)
(January 1, 2020 - Present)
Top Municipal Advisors for CA Municipal Bonds
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 6 Case Studies
Below, we have highlighted specific project experience with Southern California cities completed in the last three years that we believe best demonstrates our capabilities. Notably, each of these projects was completed by staff who are assigned to the City’s account, ensuring continuity of expertise and a direct connection to the work presented.

City of Ontario
UFI was engaged by the City of Ontario in 2023 via a competitive RFP process. Since January 2024, we have served as the City’s MA on a lease revenue financing, three CFD financings, a water revenue financing, and four CFD formations. Through our work on the 2024 Water Revenue Bonds, we helped the City achieve an S&P rating upgrade to “AA+” from “AA.” In addition, UFI is actively working with the City on four additional CFD formations for residential and industrial development projects in the Ontario Ranch area, which is expected to include 24,000 homes at buildout.

Most recently, UFI served as municipal advisor to the City on a $192.4 million lease revenue financing to fund various capital improvements, including offsite improvements for a new professional baseball stadium. Starting late last year, UFI began working with City staff and the financing team to evaluate various structuring options to minimize borrowing costs for the project, including reducing the need for capitalized interest, and maximizing the use of taxexempt proceeds. Leading up to the bond issuance, UFI’s Public Management Group was hired to prepare a financial forecast to help the City in assessing its overall fiscal health and to assist with determining cash flow capacity to fund its $1 billion CIP program over the next several years. The baseball stadium will be one component of the Ontario Regional Sports Complex, which is planned for 190 acres of top-tier athletic facilities, including 20 long fields, 14 youth diamond fields, 8 full-size diamonds, 4 football/rugby fields and 2 championship diamond fields.

The 2025 Lease Revenue Bonds were priced on April 29, 2025, and generated extremely strong demand, with over $1 billion in orders. As a result of the strong demand, the underwriter was able to reduce spreads on most maturities, resulting in an attractive true interest cost of 4.60%.

Looking ahead, UFI is supporting multiple upcoming financings related to the sports complex, including proposed financing for a 200,000-square-foot indoor sports facility that will further expand the City’s recreational and community-serving infrastructure. UFI anticipates two financings related to these facilities in 2026 with a PAR value of $500 million.

City of Oceanside
UFI has been the City of Oceanside’s municipal advisor since 2021, when we were engaged by a competitive RFP process. Over the past four years, we have assisted the City with various financing assignments including a water revenue bond refinancing, CFD formation, energy lease financing, and most recently a pooled CFD refunding. In addition, UFI has been providing ongoing financial analysis to the City as the explore options for constructing a new police headquarters facility.

In 2024, the UFI team, led by Michael Busch and Branden Kfoury, successfully assisted the City in refunding three of its prior CFD bond issues for the Morro Hills CFD and overlapping improvement area. In order to achieve economies of scale, the refunding utilized a pooled issuance through the Oceanside Public Financing Authority. The Morro Hills CFD is part of the Arrowood Community Development Plan, located on the northeastern edge of the City, which includes approximately 538 gross acres, divided into 11 residential villages, a golf course, and small “Village Center” commercial area. The prior bond issues included publicly sold and privately placed loans, which were subject to optional redemption without penalty. UFI worked with the underwriter to develop a credit strategy to highlight the District’s strong value-to-lien, low delinquencies, strong local economy, and consistent growth in assessed values, resulting in a very strong “A+” underlying rating from S&P.

Despite volatile market conditions in November 2024 around the time of the presidential election, we were able to obtain competitive bond insurance bids and achieve a successful result that met the City’s objectives. With the final pricing scale, the City achieved an all-in-true interest cost of 3.63% and net present value savings of 3.07%. Property Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 7 owners are expected to save about $340 annually on average as a result of the refunding through the remaining term of the bonds.

City of Encinitas
UFI was engaged by the City of Encinitas in 2024 via a competitive RFP process and currently provides both municipal advisory and post-issuance compliance services. For our first assignment, we served as municipal advisor on a $5.69 million lease revenue bond financing. Proceeds of the bonds were used to reimburse the City for the purchase of a 1.43-acre site located at the northeast corner of Coast Highway 101 and La Costa Avenue. A significant portion of the property contains environmental constraint areas including wetland vegetation and bluffs. These sensitive areas are considered protected environmental resources under the City’s General Plan and Municipal Code and will be placed in an open space easement upon any future development of the two parcels.

UFI coordinated all aspects of the financing process and worked quickly to meet the City’s timeline for completion.

We coordinated with City staff to present the financing plan to the City Council at two meetings in March and April 2024. UFI also led the credit rating process, which resulted in affirmation of the City’s top-notch “AAA” issuer rating and “AA+” appropriations rating. The bonds priced on April 24, 2024, and received strong investor demand, with $7.2 million in total orders (1.3x oversubscribed) across 19 unique accounts. Based on the strong order period, the underwriter reduced spreads on several maturities, resulting in a final TIC of 4.02%.

City of Lake Elsinore - Since 2014, UFI has provided Municipal Advisory Services to the City of Lake Elsinore on dozens of land secured financings, lease revenue bonds, tax allocation bonds, and private placements. Beyond transactional support, we have also acted as a strategic partner to the City — providing non-financing services such as long-term financial forecasting, pension and OPEB studies, Enhanced Infrastructure Financing District (EIFD) formation, Affordable Housing/AB 341 analysis, and broader economic development initiatives.

In 2022, UFI served as the municipal advisor on the City’s issuance of $23.7 million of lease revenue bonds to finance construction costs of a new City Hall, which will further enhance the City’s historic downtown and house City Council chambers, administrative office space, multi-purpose and retail space, and outdoor amenities with connection to the existing City Hall building. UFI worked with the City to explore various funding options and ultimately it was decided that issuing lease revenue bonds was the optimal method of financing. Because of inflationary fears as well as expected increases in interest rates, the City accelerated the financing. UFI worked expeditiously to put together a financing schedule and coordinate next steps. On 6/1, S&P upgraded the City’s lease revenue bonds to “A+” from “A” as a result of the City’s consistent economic growth and strong reserve levels. The lease revenue bonds closed in June 2022 at a favorable true interest cost of 4.57%. The timing of the transaction proved to be advantageous to the City, as yields rose by as much as 150 basis points across the curve in the following months.

City of Fullerton
UFI was engaged by the City of Fullerton via a competitive RFP process in 2020 and has served as municipal advisor on a number of financings since then. In addition to financing transactions, we have provided the City with post-issuance compliance services and pension-related financial analysis.

Most recently, in 2023, the City engaged UFI to assist with the formation of a Community Facilities District (CFD) for The Pines at Sunrise Village, a proposed 164-unit residential development. The developer petitioned the City to form a CFD and issue bonds in an amount not to exceed $9.5 million to finance public improvements, including streets, parks, and sewer infrastructure.

UFI was involved from the outset, beginning with a review of the City’s adopted Local Goals and Policies. We also coordinated the distribution of RFPs to special tax consultants and bond/formation counsel, resulting in the engagement of qualified firms at competitive rates.

Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 8 We served as the City’s primary point of coordination with the developer and the broader formation team, managing meetings and aligning the financing process with the City’s policy goals. The City Council adopted the Resolution of Formation in August 2023.

Construction on the project is currently underway, with model homes expected to open in Fall 2025. UFI is actively working with the City to evaluate the potential issuance of special tax bonds in Spring 2026.

City of Newport Beach
UFI has advised the City of Newport Beach on numerous assessment district financings since 2020.

Most recently, we served as municipal advisor on the issuance of 2023 Limited Obligation Improvement Bonds for Assessment Districts No. 124 and No. 120-2. Assessment District No. 124 originally included 966 assessed parcels, while Assessment District No. 120-2 consisted of 44 parcels located within the City.

UFI managed the financing schedules for both transactions concurrently during a period of heightened market volatility driven by inflationary pressures and broader economic uncertainty. Both bond issues were successfully priced on the same day in July 2023 and attracted strong demand from both retail and institutional investors.

The AD124 Bonds were 9.2 times oversubscribed, allowing the underwriter to reduce yields by 7 basis points on the five serial bonds and 15 basis points on the 2038 and 2043 term bonds, resulting in a True Interest Cost (TIC) of

4.27%. For the AD120-2 Bonds, yields were improved by 3 to 5 basis points, producing a TIC of 4.41%.

UFI’s management of both transactions ensured efficient execution and favorable pricing results, despite a challenging market environment.

City of Pasadena
In April 2025, UFI advised the City of Pasadena on the issuance of its $195 million General Obligation Bonds (Central Library Project), Series 2025. The bonds were offered via competitive sale and authorized by voters under Measure PL, which was approved in November 2024. Bond proceeds will fund a portion of the Central Library Seismic Retrofit and Renovations Project.

UFI worked closely with City staff to monitor market conditions and strategically timed the sale around both the economic release calendar and the forward municipal bond calendar. The bonds were assigned a “AAA” rating by Standard & Poor’s on April 14, 2025. The Official Notice of Sale and Preliminary Official Statement were released on April 22, and UFI actively marketed the sale to underwriting desks to ensure broad visibility and strong participation.

Despite volatile market conditions, the bonds attracted strong demand, receiving 10 bids from underwriting firms.

The winning bid offered a true interest cost (TIC) of 4.34%, narrowly ahead of the cover bid by approximately one basis point. After final sizing adjustments, the final TIC was reduced to 4.33%, outperforming the 4.42% estimate previously presented to City Council on April 7.

UFI is intentionally structured to support cities like Needles—not just during bond issuance, but across the full spectrum of financial decision-making. As demonstrated through our prior work with the City, we provide comprehensive support throughout the bond issuance process, including assisting with the selection and procurement of key financing team members such as underwriters. Our municipal advisors and consultants bring diverse backgrounds across public finance disciplines, allowing us to offer the City a comprehensive blend of qualifications, insights, and resources. In addition, as noted above, we have decades of experience advising public agencies on a wide variety of debt instruments, from general fund-backed obligations to enterprise and land-secured financings.

Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 9 Unmatched Experience with Needles: No other municipal advisory firm has more experience working with the City of Needles. Since 2016 we have advised the City on a broad range of financings and policy initiatives, developing deep institutional knowledge and strong working relationships with City staff. This long-standing partnership uniquely positions us to support the City with a full understanding of its financial goals, operational priorities, and policy considerations.

Technical Competence: We offer the technical depth needed to structure and evaluate a wide range of financing options, including nuanced and tailored credit structures. For General Fund-backed financings, we assist clients in developing long-term capital funding strategies and provide analysis of insured property values used for collateral. In the case of enterprise revenue credits, we work closely with clients to review rate studies and develop revenue forecasts that inform optimal funding plans. Post-issuance, we remain actively involved, helping clients manage and monitor their debt portfolios to ensure ongoing financial performance and compliance.

Credit Expertise: UFI has extensive experience presenting municipal credits to rating agencies and crafting compelling rating presentations that highlight the unique strengths of each issuer. Our deep involvement in Southern California has given us a thorough understanding of local economies, allowing us to effectively position our clients' credit profiles. By combining regional insight with a strong grasp of rating agency methodologies, we consistently help our clients achieve favorable rating outcomes.

Pricing Execution: The UFI team assigned to the City includes former public finance investment bankers with deep expertise in the underwriting and pricing of municipal securities. Our team actively monitors the municipal bond market to ensure optimal timing and pricing execution, even under challenging market conditions. We advocate for pricing strategies that balance competitiveness with investor demand, typically recommending that the underwriter pursue an aggressive approach targeting at least two times oversubscription. In addition to ensuring fair market spreads, UFI collaborates with underwriters to analyze alternative couponing, optional redemption features, and other structuring options, with the goal of achieving the lowest cost of capital and best terms for our clients.

APPROACH TO MUNICIPAL ADVISORY SERVICES
Our team is well-versed in all phases of the debt issuance process, from structuring and credit analysis to pricing, disclosure, and post-sale reporting. Across all engagements, UFI works closely with staff, legal counsel, underwriters, and other financing team members to ensure transactions are efficiently managed and tailored to meet each agency’s policy goals and market conditions. Each financing undertaken by UFI begins with proper planning and extensive due diligence and ends with ongoing monitoring and administration. We are able to tailor our approach to fit the City’s needs on each and every engagement. The scope of municipal advisory services we offer on transactions is built on three core phases, as summarized below.

In order to formulate effective and pragmatic recommendations, UFI takes the time to perform extensive due diligence, research, and preliminary analyses in order to understand the goals and priorities of our clients, as well as the economic and political challenges and opportunities our clients face in achieving those goals. Activity 1 involves a complete assessment of the client’s needs and financial constraints. Where appropriate and requested by the client, this preliminary work may include preparation of a detailed finance plan for the capital project(s) involved in the financing (see below for details). During this period, UFI staff perform the following tasks:

1. Preliminary Analysis/
Recommendation

2. Assemble the
Finance Team and
Manage the Financing
Process

3. Pricing and Closing
Execution
Activity 1: Preliminary Analysis/Recommendation
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 10 • Schedule meetings or calls with staff to request all necessary data and discuss the needs and goals of the City.
• Undertake a funding analysis for the identified capital project(s) and prepare a finance plan. • Identify and assist with strategies to mitigate risks of large public facilities projects. • Analyze existing outstanding debt to determine parity test requirements, feasibility of refunding certain outstanding series of Bonds, and debt affordability.
• Review pension liabilities and existing policies.
• Assist with comprehensive credit analysis to determine the anticipated rating, preferred structure, and interest rate scale for the Bonds.
• Prepare a summary of cost of issuance
• Independently structure the financing and present results to the City.

After an evaluation of financing options/alternatives, should it be determined that financing targets will be met through a bond issuance, UFI will begin work on the financing schedule and the implementation of the agreed upon financing strategy. UFI’s scope of work during Activity 2 includes, but is not limited to, the following tasks:
• Assist in the selection of additional service providers, including, but not limited to, underwriter, bond counsel, disclosure counsel, appraiser, or trustee.
• Call, arrange, and lead working group meetings as appropriate. • Develop the financing timetable.
• Monitor financing process and coordinate all activities of the financing team. • Review all legal and financing documents on behalf of the City. • Provide support to the City relating to financing documents, including preparation of staff reports and presentations.
• Compute Sizing and Structure of Debt Issue and verify cash flows from underwriters. • Plan and Coordinate Presentations to Ratings Agencies • Monitor market conditions to advise on timing of bond offering.

UFI offers extensive expertise in the pricing and marketing of municipal securities, as noted previously. Generally, our approach is to recommend that the underwriter employ an aggressive pricing strategy (aiming for approximately 2 times oversubscription) to achieve the best possible pricing for our clients. We will work to ensure the best possible result for the City, without risk of diminishing investor participation, and provide post issuance analysis. UFI’s scope of work during Activity 3 includes, but is not limited to, the following tasks:
• Monitor and track comparable transactions
• Analyze alternative couponing and optional redemption strategies • Evaluate use of bond insurance
• In a competitive sale, prepare and market bid documents, advise on timing of sale, and evaluate bids • Assist with negotiated sale, including advice regarding retail order periods and institutional marketing, analysis of comparable bonds and secondary market data, verify cash flow calculations, and serve as Pricing Advisor
• Prepare and coordinate bond closings
Activity 3: Pricing and Closing Execution
Activity 2: Assemble the Finance Team and Manage the Financing Process Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 11 B. Cost Proposal
UFI is available for as-needed services on an hourly basis for research, analysis, Capital Improvement Program funding planning, and development of funding options and recommendations. Below are the hourly rates of proposed positions.

Municipal Advisor Fees
For municipal advisory financing assignments, UFI proposes flat fees based on the par amount of the bonds, as summarized in the table below. Our fees for municipal advisory services are contingent upon closing and are inclusive of out-of-pocket expenses such as travel, data recovery, third party data fees, and internal compliance requirements.

Given that working with the City is of highest priority to our firm, we are open to negotiating our fees should the City find it necessary.

Fees for municipal advisory services will be assessed according to the fee table provided, based on the par amount of the bonds. Our fee structure applies consistently across various types of transactions, including general obligation bonds, refundings, and special district financings. All fees are contingent upon successful closing and inclusive of outof-pocket expenses.

UFI’s Hourly Fee Schedule
Chief Strategy Officer $325
Managing Director/Director $300
Associate/Analyst $175
UFI’s Proposed Municipal Advisory Fees
Par Amount Fee
< $25 million $50,000
$25 million - $100 million $65,000
> $100 million $75,000
Private Placements $33,500
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 12 Appendix A: Professional Resumes – UFI Team Members
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 13 MICHAEL BUSCH
Chief Strategy Officer

CONTACT
1470 Maria Lane, Suite 315,
Walnut Creek, CA 94596
TEL: (714) 923-3541
[email protected]

EDUCATION
M.P.A. – Finance and Public
Works
Cal State University, Long Beach
B. A., Urban and Regional
Planning
Cal State Polytechnic University,
Pomona

PROFESSIONAL AFFILIATIONS
Innovating Commerce Serving
Communities (ICSC)
California Society of Municipal Finance
Officers (CSMFO)
Past President – Municipal Management
Association of Southern California
(MMASC)
Past Chair – Cal-ICMA
Profile
Michael is a seasoned municipal executive and public finance professional with 30 years in public finance with the last 18 years at UFI, where he served as owner and Chief Executive Officer before becoming Chief Strategy Officer. His career includes senior leadership roles as Assistant City Manager and Finance Director, guiding public agencies with strategic fiscal management and operational leadership. Michael has advised cities, special districts, and nonprofits across California, helping them identify emerging trends, navigate complex policy issues, share best practices, and advance their missions through sound fiscal and economic strategies. Over his career, he has structured and managed more than $5 billion in tax-exempt and taxable debt, including lease revenue bonds/COPs, water and wastewater revenue bonds, pension obligation bonds, tax allocation bonds, CFD and assessment district bonds, and New Market Tax Credits.

Recognized for linking prudent fiscal policies with economic development objectives, Michael has helped deliver numerous high-priority projects for communities statewide. His current and recent clients include the Water Replenishment District of Southern California, Walnut Valley Water District, and the Cities of Eastvale, Ontario, San Jacinto, Pomona, Oceanside, Azusa, Banning, Beaumont, Lake Elsinore, and Menifee.

Relevant Project Experience
• City of Ontario – Lease Revenue Bonds, Water Revenue
Bonds, Private Activity Financing, CFD Bonds
• Lake Elsinore – CFD Bonds, City Hall Project, Joint Venture Economic Development Financing
• City of Beaumont – CFD Bonds, Wastewater Bonds
• Water Replenishment District – 2025 Refunding Bonds
• City of Eastvale - 2025 Lease Revenue Bonds
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 14 BRANDEN KFOURY
Director

CONTACT
1470 Maria Lane, Suite 315,
Walnut Creek, CA 94596
Tel: (714) 923-3560
[email protected]

EDUCATION
BS, Finance
New York University

PROFESSIONAL AFFILIATIONS
California Society of Municipal Finance
Officers (CSMFO)
Profile
Branden Kfoury joined Urban Futures in 2019. He has worked on a variety of debt offerings for cities and special districts in California including, but not limited to utility revenue bonds, general obligation bonds, lease revenue bonds, CFD and assessment district bonds, as well as tax allocation bonds. Mr. Kfoury has extensive experience in all aspects of the bond financing process and excels at providing value-added debt structuring, credit, and quantitative analysis. Previously, Mr. Kfoury worked as a Senior Associate at Fieldman, Rolapp & Associates where he supported the firm’s city and special district clients. Mr. Kfoury has held prior roles in public finance investment banking, bond insurance, as well as in the technology industry. He graduated Cum Laude from New York University with a Bachelor of Science degree in Finance and a minor in Politics. Mr. Kfoury is a candidate in the CFA Program and passed the Level I Exam in May 2025.

Relevant Project Experience
• City of Encinitas – Lease Revenue Bonds
• City of Pasadena – General Obligation Bonds (Historic Library Renovation Project)
• City of Newport Beach – Assessment District Bonds
• City of Eastvale - Project Planning & MA Services for Civic Center Facility
• City of Beaumont - Project Planning & MA Services for New Police Facility
• City of Fullerton – CFD Refundings, tax allocation bonds, and CFD Formation
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 15 WING-SEE FOX
Managing Director

CONTACT
1470 Maria Lane, Suite 315,
Walnut Creek, CA 94596
TEL: (650) 503-1500
[email protected]

EDUCATION
MBA
Columbia Business School
MSW
Columbia University School of
Social Work
BA, Psychology
Stanford University

PROFESSIONAL AFFILIATIONS
Women in Public Finance (WIP)
Asian Americans in Public Finance (AAPF)
California Society of Municipal Finance
Officers (CSMFO) Communications
Committee
Class of 2015 LeaderSpring Fellow
Profile
Wing-See Fox is the Series 54 Municipal Advisor Principal of UFI and leads the Public Finance Group. Wing-See has over a decade of experience in the fields of municipal advising, public finance, and municipal securities. She has worked on over $3 billion in municipal debt offerings for cities and special districts in California including lease revenue bonds and certificates of participation. She has recently executed lease transactions for the Cities of Claremont, South San Francisco, Orange, Atherton, the Town of Apple Valley, and Cosumnes Community Services District. WingSee excels in gaining a thorough understanding of credits, validating assumptions in financial projections, and structuring bond transactions to meet the needs of the issuer while maximizing credit strength and marketability to investors. She has extensive experience developing credit presentations geared towards the criteria of rating agencies in order to achieve the highest possible ratings. Prior to becoming a municipal advisor, Wing-See was a public finance investment banker, having worked at Raymond James Public Finance in San Francisco and UBS Investment Bank in New York.

Relevant Project Experience
• City of Watsonville – 2025 Lease Revenue Bonds
• City of Goleta – 2025 Lease Revenue Bonds &
Transportation Sales Tax Bonds
• Cosumnes Community Services District – 2022 Certificates of Participation
• City of South San Francisco – 2022 Lease Revenue Bonds • City of Pismo Beach – 2024 Lease Revenue Bonds (Public Safety Facility Project)
• City of Manteca – 2025 CFD Bonds
Agenda Item 16.

City of Needles
Proposal for Financial Advisory Services March 18, 2026 16 Appendix B: Regulatory Disclosures
Disclosure of Conflicts of Interest and Legal or Disciplinary Events. Pursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G-42, on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients and potential clients which include, amongst other things, Conflicts of Interest and any Legal or Disciplinary events of Urban Futures, Inc. (“UFI”) and its associated persons.

Conflicts of Interest. Compensation. UFI represents that in connection with the issuance of municipal securities, UFI may receive compensation from an Issuer or Obligated Person for services rendered, which compensation is contingent upon the successful closing of a transaction and/or is based on the size of a transaction. Consistent with the requirements of MSRB Rule G-42, UFI hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest regarding UFI’s ability to provide unbiased advice to enter into such transaction. This conflict of interest will not impair UFI’s ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.

It should be noted that other forms of compensation (i.e., hourly, or fixed fee based) may also present a potential conflict of interest regarding UFI’s ability to provide advice regarding a municipal security transaction. These other potential conflicts of interest will not impair UFI’s ability to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.

Other Municipal Advisor Relationships. UFI serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another UFI client. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, UFI could potentially face a conflict of interest arising from these competing client interests.

UFI fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with its clients.

If UFI becomes aware of any additional potential or actual conflict of interest after this disclosure, UFI will disclose the detailed information in writing to the issuer or obligated person in a timely manner.

Legal or Disciplinary Events. UFI does not have any legal events or disciplinary history on UFI’s Form MA and Form MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations, and civil litigation. The Issuer may electronically access UFI’s most recent Form MA and each most recent Form MA-I filed with the Commission at the following website: www.sec.gov/edgar/searchedgar/companysearch.html.

There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. If any material legal or regulatory action is brought against UFI, UFI will provide complete disclosure to the Issuer in detail allowing the Issuer to evaluate UFI, its management and personnel Agenda Item 16.
1 AGREEMENT FOR PROFESSIONAL SERVICES

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the April 14, 2026 by and between the CITY OF NEEDLES, a California charter city (“City”) whose address is 817 Third Street, Needles, California 92363, and URBAN FUTURES, INC., a California Corporation whose address is 1470 Maria Creek Lane, Ste 315, Walnut Creek, CA 94596 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. City desires to engage Contractor to provide professional consulting services related to the evaluation and potential development of a voter-approved funding measure, including voter opinion research, financial planning, and preliminary program development. Such services are intended to assess feasibility and support potential ballot measure preparation; and B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after two (2) years, unless extended for up to two (2) additional one (1) year terms upon approval of the City Council of the City.

Agenda Item 16.
2 2. Services to be Performed. Contractor agrees to provide professional services (“Services”) consisting of voter feasibility assessment and financial planning related to a potential General Obligation Bond or similar voter-approved funding measure, as further described below and in Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Michael Busch, Chief Strategy Officer as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.

4. Compensation.

4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of Twenty-Five Thousand Dollars and Zero Cents ($25,000.00).

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
Agenda Item 16.
3 b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.

5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.

5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

Agenda Item 16.
4 5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein.

In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.

5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agenda Item 16.
5 Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager.

Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

5.13 Time is of the essence in the performance of this Agreement.

6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.

Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Agenda Item 16.
6 Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.

If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.

Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.

6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [__X_] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for Agenda Item 16.
7 breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.

7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

Contractor acknowledges and agrees that that all insurance coverage required to be provided by Agenda Item 16.
8 Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

8. Indemnification.

8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

Agenda Item 16.
9 Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.

9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.

Agenda Item 16.
10 10. Termination of Agreement.

10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.

10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.

11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services Agenda Item 16.
11 performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.

12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.

12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

Agenda Item 16.
12 13.05 This Agreement is made, entered into and shall be performed in the County of San Bernardino in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in San Bernardino County, California.

13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.

13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

13.10 Prevailing Wages. Contractor shall be responsible for complying with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to Agenda Item 16.
13 prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for San Bernardino County and/or 40 U.S.C. Section 276a, et. seq. Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1771 - Requirement to Pay Prevailing Wages

2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.

3. Section 1774 – Payment of Prevailing Wage Rates.

4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

5. Section 1776 – Payroll Records and Certified Payroll Reports.

6. Section 1777.5 - Apprenticeship Requirements.

7. Sections 1810 and 1811 - Working Hour Restrictions.

8. Section 1813 - Penalty for Failure to Pay Overtime.

13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies Agenda Item 16.
14 shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.

13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due. In no event shall force majeure entitle Contractor to additional compensation, but only to a reasonable extension of time.

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

13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.

13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.

Without limiting the foregoing, the provisions relating to indemnification, ownership of documents Agenda Item 16.
15 and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.

13.20 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:

To City:

City of Needles
Attn: City Manager
817 Third Street
Needles, California 92363
To Contractor:

Urban Futures, Inc.

Attn: Michael Busch, Chief Strategy Officer
1470 Maria Creek Lane, Ste 315
Walnut Creek, CA 94596
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.

13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.

13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
Agenda Item 16.
16 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF NEEDLES URBAN FUTURES, INC.

By:_______________________ By:_______________________
Print Name: Janet Jernigan, Mayor Print Name: Michael Busch, Chief Strategy Officer Date: _____________________ Date: _____________________ ATTEST:

By: ______________________
Candace Clark, City Clerk
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Agenda Item 16.
17 EXHIBIT “A”
PROPOSAL March 18, 2026

SCOPE OF WORK
Phase 1 – Voter Opinion Research (Feasibility Assessment):

Contractor shall develop and administer a statistically valid voter survey to assess the feasibility of a potential funding measure. Services include, but are not limited to, evaluating voter attitudes, testing support for potential projects, assessing tax tolerance, and measuring overall voter support. Contractor shall conduct a survey of approximately 400 likely voters, prepare a written report of findings with cross-tabulations, and present results to the City.

Phase 2 – Financial Planning and Program Development:

Contractor shall assist the City in preparing a capital financing plan and evaluating funding capacity. Services include analysis of assessed valuation, estimation of bonding capacity, development of financing scenarios, and recommendations regarding potential bond sizing, tax rates, and project prioritization. Contractor shall also assist in developing an election timeline, coordinating with bond counsel and other stakeholders, and preparing draft ballot language, resolutions, and supporting materials, as requested by the City.

Exclusions and Limitations:

Services under this Agreement do not include bond issuance, debt structuring, market timing, underwriting coordination, continuing disclosure services, or other post-election municipal advisory services. Any such services shall require separate written authorization and approval by the City Council.

Contractor designates Michael Busch, Chief Strategy Officer, as Contractor’s Representative responsible for overseeing the Services. City designates the City Manager, or his or her designee, as Project Manager. All Services shall be performed in accordance with the terms of this Agreement. In the event of any conflict between this Agreement and Exhibit “A,” the terms of this Agreement shall control.

Agenda Item 16.
18 EXHIBIT “B”

CERTIFICATES OF INSURANCE
Agenda Item 16.

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City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Ellen Campbell
Councilmember Tona Belt
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
Councilmember Larry Ford
City Manager Patrick J. Martinez

MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: March 27, 2026

1. T-Mobile Hometown Grant Award – Route 66 Arch Project The City of Needles is proud to announce it has been selected as a recipient of a $50,000 T-Mobile Hometown Grant to support construction of a Route 66– themed drive-through arch in the downtown corridor. Needles was selected as one of only 25 communities nationwide from nearly 900 applications submitted in Q4 2025, reflecting the strength of the City’s vision and readiness to deliver.

The community is invited to attend the official check presentation on March 28, 2026 at 10:00 a.m. at El Garces, held in conjunction with Route 66 Centennial activities. The project will celebrate Needles’ Route 66 heritage while enhancing the visitor experience and supporting ongoing downtown revitalization efforts.

Located near Train Park along Front Street, the arch will serve as a landmark gateway and photo destination, drawing visitors into the heart of the community.

This award represents a key step forward in advancing the City’s Route 66 Centennial efforts and long-term economic development strategy. Additional information is available at: www.t-mobile.com/news/un-carrier/t-mobileshometown-grants-top-21-5m and https://youtu.be/Nk3rhU5nsCw.

2. Route 66 Centennial – Art in the Park, Art & Craft Fair, and Car Show Route 66 Centennial celebrations continue tomorrow, March 28, at El Garces with the Art & Craft Fair and the River Cruizers “Cruizin’ the Century” Car Show from 9:00 a.m. to 2:00 p.m. along Route 66. The 3rd Annual Art in the Park Show & Sale will also be on display through March 28 from 9:00 a.m. to 7:00 p.m. at 950 Front Street. These coordinated events will bring together local and regional artists, vendors, and classic cars, activating the downtown corridor and attracting both residents and visitors. The community is encouraged to attend, support local businesses, and be part of this Route 66 Centennial celebration.

3. Marketing & Video Production – Tripepi Smith Update
The City is excited to share that Tripepi Smith was in Needles this week capturing video footage to support the next phase of our marketing and tourism efforts. This reflects an important step forward in promoting Needles as a premier destination along Route 66 and the Colorado River, aligned with the City Council’s goals of increasing tourism and economic activity. The upcoming campaign will highlight the “Live, Work, Play” experience that defines our

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community—showcasing our unique character, recreational assets, and growing opportunities. This effort builds on the City’s adopted marketing and branding strategy and positions Needles to reach a broader audience as we prepare for the Route 66 Centennial. Special recognition to City Planner Irene Romero for her leadership in coordinating this effort and bringing together City staff and community participants. Staff also extends appreciation to City staff, their families, and local business owners who participated in the filming. Utilizing familiar faces from within the community not only reflects the authentic character of Needles, but also allowed the City to be resourceful while delivering a highquality product. This initiative represents continued progress in telling the Needles story and attracting visitors, residents, and investment to our community.

4. OHV Pilot Program – Community Education Meeting Update The City hosted the OHV Pilot Program Community Education Meeting on March 26, 2026, with participation from the San Bernardino County Sheriff’s Department – Colorado River Station, California Highway Patrol, and the Bureau of Land Management. This is a major milestone for Needles as the community continues to advance this program. Attendees received important information on safety, enforcement, and program expectations, including travel between designated destinations, registration requirements, and protections for sensitive desert resources. The intent of the program is to provide safe, connected access from food, fuel, and lodging to trail systems. Staff has ordered required signage, which is expected to be installed within the next few months to support implementation. Special thanks to Ron Knuckles (BLM), Lieutenant Robert Adelmann (CHP), and Captain Jake Gault (SBCSD) for their partnership and presentations focused on public safety. Staff would also like to recognize Fred Minigar, City Traffic Engineer with Minigar & Associates, Inc., who presented on behalf of the City and provided key technical support in advancing the program.

Staff also thanks the OHV Committee (Vice Mayor Campbell, Councilmember McCorkle, and Councilmember Longbrake) and the Mayor and City Council for their leadership in advancing this program. The OHV route map, presentation, and FAQ are attached, and additional information will be made available on the City’s website.

5. Needles Bridge Incident – Emergency Response and Coordination Over the weekend, City staff responded to an incident involving a dislodged water main attached to the Needles Bridge. Staff worked closely with the Fort Mojave Tribal Utilities Authority (FMTUA) to support immediate response efforts and identify short- and long-term solutions to restore the backup water feed. The City appreciates FMTUA’s quick and coordinated response in addressing the emergency. As part of the recovery effort, the contractor has removed the majority of the damaged infrastructure from the Needles side of the Colorado River without impacting bridge operations or traffic flow. Remaining materials are stable, secured, and will be removed safely as part of the ongoing repair process. There is no impact to the City of Needles’ water supply. The City also extends its appreciation to the Arizona Department of Transportation (ADOT) and Caltrans for their coordination and support. This incident highlights the importance of strong regional partnerships, and the City remains committed to working collaboratively to ensure public safety, infrastructure reliability, and continued service delivery.

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6. City Hall Awning Project – Construction Update
Construction of the City Hall Administration Building awning project is scheduled to begin on March 30, 2026, marking the start of improvements to address deterioration and protect City facilities. The total project cost is approximately $220,012, including construction, related improvements, and contingency.

During construction, parking at the “E” Street entrance and along Third Street will be temporarily restricted to accommodate contractor access and ensure safety. Palo Verde College has provided temporary parking accommodations for City staff to help minimize impacts. Staff will continue to provide updates as the project progresses.

7. Aquatics Center – Opening Day Preparation
Staff is actively preparing for the highly anticipated opening of the Needles Aquatics Center on June 6, 2026. The Recreation Department and Aquatics Team are working diligently to ensure the facility is ready for a full season of programming, including lap swimming, water aerobics, swim lessons, and open swim. During the offseason, staff drained the pool to complete evaluations and necessary repairs, including slide maintenance, equipment updates, lighting improvements, and repairs to various pool features. The main pool has been repainted, refilled this week, and is now moving into final preparation phases.

Staff will continue with slide maintenance and operational readiness efforts as we approach opening day.

8. City Beautification – Needles Pride Initiative Update The City’s Needles Pride initiative continues with efforts to address overgrown vegetation and improve highly visible areas throughout the community. Staff appreciates the cooperation of property owners who are maintaining their properties and working with Code Enforcement to achieve compliance, including recent efforts along Washing Machine Road. Public Works crews also completed improvements to Front Street sidewalks to enhance pedestrian safety and accessibility in the downtown corridor. In addition, due to increased impacts to the underpass bridge, staff repainted the 8-foot clearance markings to maintain visibility and support public safety. Public Works also installed a dog waste dispenser at Santa Fe Park to support park cleanliness and encourage responsible pet ownership.

9. Sheriff/Council Chambers Monument Sign Replacement
Public Works removed the former Sheriff sign this week following vandalism and deterioration that made the structure unsafe. We want to thank the San Bernardino County Sheriff’s Department for their partnership, contribution, and for helping make the replacement of this sign a reality. The proposed design includes a non-illuminated, single-face monument sign with masonry detailing that aligns with the existing civic campus aesthetic and provides clear identification for the Colorado River Station, Needles Police, and City Council Chambers. Staff will continue coordinating with the Sheriff’s Department to move the project forward and ensure timely installation of the new sign.

10.Enhanced Transit Access – Fort Mohave/Bullhead City Shuttle Reminder Staff would like to highlight the ongoing shuttle service connecting Needles residents to Fort Mohave and Bullhead City, which has been in operation since July 1, 2025. The service runs every Tuesday and Thursday with scheduled

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stops at key destinations, including grocery stores and essential services, providing reliable transportation for residents without access to a vehicle.

Despite this service being available, there are still reports of limited awareness within the community. Staff is reemphasizing this program to ensure residents are aware of available transportation options. Reservations are required and can be made through the Needles Senior Center. Additional route, schedule, and fare information is included in the attached flyer.

11.Canine Parvovirus Alert – Community Update
The Needles Animal Shelter has reported multiple cases of canine parvovirus within the community. Parvovirus is a highly contagious and potentially deadly virus that primarily affects puppies and unvaccinated dogs. Staff is actively conducting outreach to inform residents and encourage preventative measures, including vaccinations and limiting exposure to public areas. Low-cost DA2PP vaccines are available at the Needles Animal Shelter for $20 per shot, Monday through Friday from 8:00 a.m. to 2:00 p.m. Residents are encouraged to seek veterinary care immediately if symptoms are observed.

12.Public Input Ongoing – OHMV Staging Area Grant Application Public input remains open through May 4, 2026, for the City’s OHMV Staging Area Project grant application submitted to the California State Parks OHMVR Program (Cycle G26). The proposed project supports the City’s 9.20-mile designated OHMV route network and is designed to improve access, safety, traffic flow, and rider amenities, including designated trailer parking and sanitation facilities. Community input continues to play a critical role in the grant scoring process. Residents and stakeholders are encouraged to review the updated project flyer and submit comments by visiting
https://olga.ohv.parks.ca.gov/egrams_ohmvr, selecting “Review Preliminary Applications,” and choosing “City of Needles.”

13.Colorado River Round Up Rodeo – Upcoming Event
The 48th Annual Colorado River Round Up Rodeo will take place on April 3–4, 2026 at the Needles Rodeo Grounds. Hosted by the Needles Rodeo Association, this long-standing event brings the community together for a weekend of rodeo action, western tradition, and family-friendly fun. The Rodeo Store opens this week, March 30 through April 2, at 920 W Broadway, where community members can purchase presale tickets and official merchandise.

Community members are encouraged to plan ahead and secure tickets early.

Assemblymember Jeff Gonzalez is scheduled to attend on Friday evening, providing an opportunity for residents to connect with their state representative.

14.Beat the Heat Softball Tournament – Community Event
The Needles Community Partners will host the Beat the Heat Softball Tournament on May 23, 2026 at 6:00 PM at the Jo Jo Garcia Memorial Sports Complex. The event invites teams, volunteers, sponsors, and vendors to participate, with all proceeds benefiting youth programs in Needles. For more information or to register, contact Tena at 760-985-4050. This effort supports the City Council’s goals of promoting recreation, community engagement, and youth development. Refer to the attached flyer for more information.

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15.Needles High School Music Department Fundraiser – Community Event This week, community members came together to support the Needles High School Music Department at its BBQ fundraiser held on March 25, 2026 at 6:00 p.m. at the Needles High School Gym. The event featured performances by student groups, including the Blue Notes, Advanced Band, and the Needles High School Choir, and was a successful event with strong community participation. Proceeds from the event will directly benefit the Music Department, supporting continued student opportunities in the arts.

16.Palo Verde College Foundation 5K Color Run & Walk
Last weekend’s Palo Verde College Foundation 5K Color Run & Walk delivered another strong showing, continuing its steady growth. The event brought out 75 participants, including 55 walkers and 20 runners, and raised $11,000 to directly support Needles students. Ryan Dunn (1st) and Stacey Martinez (3rd) again placed in the 18 & Up division, building on last year’s results. The event highlights the community’s ongoing investment in student success and active living. Thank you to Palo Verde Needles Center Dean Jaclyn Randall and City Public Works staff for helping deliver a successful event.

17.CRAGS Opening Ceremonies – Community Update
The Colorado River Area Girls Softball (CRAGS) Opening Ceremonies were well attended, with strong community participation in support of our youth athletes. Families, residents, and local supporters came out to celebrate the start of the 2026 season, creating a positive and energetic atmosphere. The event successfully brought the community together and highlighted the importance of youth sports in Needles. Thank you to the CRAGS Board and the league’s many sponsors for their continued support in making the season possible. This turnout reflects strong community pride and aligns with the City Council’s goals of supporting recreation and strengthening community engagement.

18.Tri-State Community Healthcare Easter Egg Hunt – Reminder A reminder that Tri-State Community Healthcare will host the Fourth Annual Needles Easter Egg Hunt on April 4, 2026, at Jack Smith Park (1000 River Road). The event will take place from 9:00 a.m. to 10:00 a.m., with the egg hunt beginning promptly at 9:30 a.m. Families can expect a fun-filled morning featuring 5,000 eggs with prizes and gift baskets, along with face painting and photos with the Easter Bunny. This well-attended community event continues to bring families together and is a great example of community partnership in Needles. Please refer to the attached flyer for additional details.

19.Youth Basketball Tournament Season Wrap-Up
The City of Needles Recreation Department concluded three consecutive weekends of youth basketball tournaments, including hosting the 19th Annual Needles Spring Classic, followed by competitions in Beaumont and 29 Palms.

Needles teams earned a 1st place finish, multiple 2nd place finishes, and several 3rd place placements, while all teams competed with pride and strong sportsmanship. These events supported the City Council’s goals of promoting sports tourism and activating local facilities. The City thanks Recreation Services Manager Jennifer Valenzuela and staff for leading a successful All-Star season and nearly 20 years of tournament participation. Most importantly, these

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experiences created lasting memories for our families and helped build confidence, teamwork, and community pride in our youth.

20.Needles Sunday Market – Ongoing Community Activation The Needles Sunday Market at Santa Fe Park continues to see strong participation from residents, visitors, and local vendors, with the season now extended through April 2026. Hosted by Tumbleweed Markets Inc., the weekly market features fresh produce, baked goods, coffee, flowers, and a variety of locally made goods. The market is held every Sunday from 8:00 a.m. to 12:00 p.m. at Santa Fe Park, 950 Front Street. Continued community support helps sustain local businesses and strengthens ongoing activation of the downtown corridor.

21.Community Events Calendar Now Live
The City’s new website now features a Community Events Calendar—a single source for community events, civic meetings, and community programs. Local organizations are invited to submit or update events through the City Clerk’s Office to keep the calendar current and inclusive. Contact Candace Clark at [email protected] to participate. Residents can subscribe and sync the calendar to mobile devices for real-time updates, making it easier to stay informed and engaged.

1. T-MOBILE HOMETOWN GRANT

2. ART IN THE PARK AND CAR SHOW

3. TRIPEPI SMITH MARKETING

4. OHMV COMMUNITY MEETING

5. NEEDLES BRIDGE EMERGENCY

6. CITY AWNING PROJECT

7. AQUATICS CENTER

8. CITY BEAUTIFICATION

9. SHERIFF/COUNCIL CHAMBERS SIGN

10. DAR FORT MOHAVE/BULLHEAD SHUTTLE

11. PUBLIC ANNOUNCMENT

12. PUBLIC INPUT GRANT

13. COLORADO RIVER ROUND UP RODEO

14. BEAT THE HEAT EVENT

15. NUSD HIGHSCHOOL FUNDRAISER

16. PALO VERDE 5K RUN

17. C.R.A.G.S. OPENING CEREMONIES

18. EASTER EGG HUNT

19. NEEDLES SUNDAY MARKET EXTENSION

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MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: April 3, 2026

1. Route 66 Centennial Activation & T-Mobile Hometown Grant (Update) The Friends of El Garces, in partnership with the River Cruizers and River Valley Arts Guild, successfully hosted Route 66 Centennial activation events last Saturday at El Garces, including the Art & Craft Fair, “Cruisin’ the Century” Car Show, and Art in the Park. The event drew strong participation from residents and visitors, activating the downtown corridor and showcasing local talent, including artwork from Vista Colorado Elementary School Fifth Grade students and community members. A total of 61 vehicles participated in the car show, including the City of Needles’ historic 1923 American LaFrance Fire Truck. As part of the day’s activities, the City partnered with T-Mobile to host the official check presentation for the $50,000 T-Mobile Hometown Grant. Sam Thanawalla, representing T-Mobile, formally presented the check to the Mayor and City Council. The City extends its appreciation to T-Mobile, including CEO Jon Freier, and Assemblymember Jeff Gonzalez’s Office for their partnership and support. Additional thanks are extended to the Friends of El Garces, River Cruizers, River Valley Arts Guild, Rainie Torrance, for her leadership in securing the grant, and City staff for their contributions. The grant will support development of the Route 66 Arch Project near Train Park, enhancing the visitor experience and strengthening the downtown corridor. Staff are advancing project planning and design coordination as part of continued momentum toward the 2026 Route 66 Centennial and broader economic development efforts. A full recap video of the event is available here:
https://www.youtube.com/watch?v=KUz5cHsKpaU

2. New Restaurant Opening – West End Investment (Update) The City is pleased to welcome Lucky Dhaba Indian Food, a new restaurant opening on April 15, 2026, at 2411 Needles Highway, revitalizing the former Giggling Cactus location on the west end of the city. The site benefits from a strong location along the I-40 corridor, with more than 8.81 million annualized average daily traffic (AADT), positioning the business to capture both local and regional travel activity. This investment reflects continued momentum along the Needles Highway corridor and activates a previously vacant space with a new dining option for the community. The City appreciates the owner’s commitment and investment in Needles, particularly on the west end. Staff will continue to

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support the business through its opening and coordinate with the Chamber of Commerce on a ribbon cutting, reinforcing ongoing efforts to strengthen the local economy and enhance amenities for residents and visitors.

3. Ed Perry Park & Citywide Beautification Efforts Update Staff continues advancing targeted beautification efforts at Ed Perry Park, Little League facilities, and Jack Smith Park, reinforcing our commitment to highquality amenities that support sports tourism and community use. Public Works completed key upgrades to the Little League restrooms, including deep cleaning, fixture stabilization, new lighting, and a durable epoxy floor coating, bringing the facility to a clean, safe, and functional standard for the season.

Crews also performed site cleanup, debris removal, and curb line improvements throughout Ed Perry Park, and completed a full cleanup of the islands at Jack Smith Park as part of ongoing fire abatement efforts along the Colorado River.

These improvements directly strengthen our ability to host tournaments and attract visitors by ensuring our facilities are well-maintained, accessible, and competitive with the best in the region. Staff will continue prioritizing enhancements that elevate the user experience and position Needles as a premier destination for sports and recreation.

4. Colorado River Round Up Rodeo – This Weekend
The 48th Annual Colorado River Round Up Rodeo is taking place this weekend, April 3–4, at the Needles Rodeo Grounds, drawing strong attendance and generating significant economic activity within the community. Hosted by the Needles Rodeo Association and presented by Colorado River Medical Center, this signature event continues to drive tourism and position Needles as a regional destination. Assemblymember Jeff Gonzalez attended Friday evening and addressed the crowd. A U.S. Marine Corps veteran with over 20 years of service, including two combat tours, Assemblymember Gonzalez continues to serve the region in the State Legislature. The City appreciates his ongoing support and advocacy on behalf of Needles and its residents. The City extends its appreciation to the Needles Rodeo Association, Colorado River Medical Center, the Fort Mojave Indian Tribe, and all sponsors and partners for their continued support. Residents and visitors are encouraged to attend and be part of this long-standing community tradition.

5. Animal Services – Spay & Neuter Clinic Nearly Sold Out (Update) The Needles Animal Shelter will host its Spay and Neuter Clinic on April 9–10, 2026, in partnership with Dr. Angelina Beeks of Angels Touch Mobile Vet. This bi-annual clinic supports responsible pet ownership by preventing unwanted litters, reducing overpopulation, and improving long-term pet health in the community. The clinic is by appointment only, and a non-refundable deposit is required to reserve a spot. Availability is extremely limited, with only a few appointments remaining for cats on Friday. Applications and deposits must be submitted in person at the Animal Shelter (1662 Flip Mendez Parkway).

Residents are encouraged to act quickly to secure remaining appointments by calling 760-326-4952 or visiting the Animal Shelter.

6. Tri-State Community Healthcare Easter Egg Hunt – Reminder A reminder that Tri-State Community Healthcare will host the Fourth Annual Needles Easter Egg Hunt on April 4, 2026, at Jack Smith Park (1000 River

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Road). The event will take place from 9:00 a.m. to 10:00 a.m., with the egg hunt beginning promptly at 9:30 a.m. Families can expect a fun-filled morning featuring over 5,000 eggs with prizes and gift baskets, along with face painting and photos with the Easter Bunny. This well-attended event continues to bring families together and reflects strong community partnership in Needles.

Residents are encouraged to attend and take part in this annual tradition.

7. Tri-State Community Healthcare – Free Food Distribution Tomorrow Tri-State Community Healthcare will host a free strawberry distribution on Saturday, April 4 at 7:00 a.m. at 820 W Broadway, providing fresh produce to residents across the tri-state area. This event promotes healthy living and supports access to nutritious food within the community. The City appreciates Tri-State Community Healthcare, their partners, and volunteers for organizing this effort and continuing to invest in the well-being of Needles residents.

Community members are encouraged to participate and share information about the event with family, friends, and neighbors.

8. Bi-Annual Vaccination and Licensing Clinic – Upcoming Event The City of Needles Animal Shelter will host a low-cost vaccination and pet licensing clinic in partnership with PetSmart Veterinary Services on April 25, 2026, from 9:00 a.m. to 12:00 p.m. at the Animal Shelter (1662 Flip Mendez Parkway). The clinic will offer affordable vaccinations, including rabies, DA2PP, FVRCP, and Bordetella, as well as microchipping services. Pet licensing will also be available at reduced rates for both altered and unaltered animals. This bi-annual event supports responsible pet ownership, helps protect public health, and ensures compliance with local licensing requirements. Residents from the tri-state area are welcome to participate. Dogs must be on leashes and cats must be in carriers. Additional details are available through the Animal Shelter.

9. Consulate of Mexico – Mobile Services Visit (Update) The City successfully hosted the Consulate of Mexico in San Bernardino’s “Consulate on Wheels” mobile unit at El Garces on March 31 and April 1, 2026, providing direct access to essential consular services for residents. Services included passport issuance and renewals, matrícula consular identification cards, and voter identification (INE) applications. The event was well attended and reflects the City’s continued commitment to expanding access to critical services for the community. Staff coordinated outreach and logistics in partnership with the Consulate to support participation and ensure a smooth operation. This collaboration highlights the value of regional partnerships in delivering services locally and reducing barriers for residents who would otherwise need to travel outside the community.

10.Off-Highway Vehicle (OHV) Pilot Program – Implementation Update The City continues to advance implementation of the Off-Highway Vehicle (OHV) Pilot Program, a community-driven initiative supported by the City Council. The program is not yet active, as staff finalize required components, including installation of signage anticipated to be completed by the end of June.

Until the program is officially launched and signage is in place, OHVs are not permitted on City streets. In parallel, public input remains open through May 4, 2026, for the City’s OHMV Staging Area Project grant application (Cycle G26), requesting approximately $995,911 to support the adopted 9.20-mile route

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network and improve access, safety, and rider amenities. Community input is an important part of the State’s evaluation process, and residents are encouraged to review and submit comments through the State’s OHV grants portal by selecting “Review Preliminary Applications” and choosing “City of Needles.” Additional updates will continue to be shared through the City’s website and Needles Connect.

11.Needles Sunday Market – Ongoing Community Activation The Needles Sunday Market at Santa Fe Park continues to see strong participation from residents, visitors, and local vendors, with the season now extended through April 2026. Hosted by Tumbleweed Markets Inc., the weekly market features fresh produce, baked goods, coffee, flowers, and a variety of locally made goods. The market is held every Sunday from 8:00 a.m. to 12:00 p.m. at Santa Fe Park, 950 Front Street. Continued community support helps sustain local businesses and strengthens ongoing activation of the downtown corridor.

12.Community Events Calendar Now Live
The City’s new website now features a Community Events Calendar—a single source for community events, civic meetings, and community programs. Local organizations are invited to submit or update events through the City Clerk’s Office to keep the calendar current and inclusive. Contact Candace Clark at [email protected] to participate. Residents can subscribe and sync the calendar to mobile devices for real-time updates, making it easier to stay informed and engaged.

13.ICMA Credentialed Manager Candidate Recognition
City Manager Patrick Martinez has been recognized by the International City/County Management Association (ICMA) as a Credentialed Manager Candidate, a nationally recognized designation that reflects a commitment to professional excellence, ethical leadership, and continuous improvement in local government service. Mr. Martinez is on track to achieve full ICMA Credentialed Manager status in September 2026.

2. ART IN THE PARK AND CAR SHOW

1. ART IN THE PARK AND CAR SHOW

1. T-MOBILE GRANT CHECK AWARD

3. CITY BEAUTIFICATION

4. COLORADO RIVER ROUND UP RODEO

5. ANIMAL SHELTER CLINIC

6. EASTER EGG HUNT

7. FREE FOOD DISTRIBUTION

8. VACCINATION CLINIC

9. MEXICAN CONSULATE

10. PUBLIC INPUT GRANT
________________________________________________________________________________________________________ Project Summary: City of Needles Proposed OHMV
Master Plan (Final Technical Memo)
What this project is
The City of Needles is advancing a pilot Off-Highway Motor Vehicle (OHMV) “combined-use highway” network that allows properly equipped OHMVs (e.g., ATVs/UTVs/dirt bikes that meet California requirements) to operate on designated city streets to connect residents and visitors to existing OHV trails/trailheads on federal lands (BLM/USFS), recreational use areas, and local services/lodging. The pilot authority is provided by California Vehicle Code (CVC) §38026.2, as amended by AB 1756 (2026), extending the pilot sunset to January 1, 2034 to which was created specifically for Needles and limits the pilot network to no more than 10 miles.

How the route network was developed
Minagar & Associates evaluated roadway characteristics and operating conditions (lighting, lanes, curvature, sight distance, land uses, etc.) and incorporated public and stakeholder input (including BLM and law enforcement). The resulting proposed network totals 9.20 miles of designated OHMV routes—within the statutory 10-mile limit—subject to stakeholder coordination and final City Council approval.

What streets/segments are included (high level)
The proposed system is a set of connected street segments intended to link lodging/residential areas, key corridors, and a BLM interface connection point (shown on the project figures). The inventory includes a mix of paved segments and at least one unpaved segment (Eagle Pass Rd), with varying posted limits on the underlying streets. The plan anticipates route-specific signs and controls so riders can navigate legally and safely and so enforcement is clear.

Core legal framework and operational limits (what makes this “combined-use”) • Needles may designate combined-use highways up to 10 miles total for the pilot.
• OHMVs must not exceed 35 mph on designated combined-use segments under the pilot statute (even if the street’s normal posted speed differs to be higher. If the posted speed limit is lower, the posted lower speed shall supersede 35 mph).
• CHP safety finding is required: the City cannot designate a segment unless the Commissioner of CHP finds the designation would not create a potential traffic safety hazard.
________________________________________________________________________________________________________ • Combined-use designation generally becomes effective when appropriate signs are installed (signage is a key “go-live” condition).

Implementation plan elements (what happens after Council approval) After City Council approval, the plan calls for an implementation program including:

1. Street signage and traffic control devices (Begin/End OHMV Route, directional arrows, speed control, warning/yield messaging, etc., consistent with

CA MUTCD),

2. Public education and outreach for residents and riders (mailers, website map/FAQ, social media reminders, public meeting/open house, complaint/feedback portal),

3. Enforcement coordination (training, maps, citation guidance, targeted enforcement on high-use weekends), and

4. Compliance requirements emphasizing vehicle identification/registration, insurance (financial responsibility), and licensing/helmet rules.

Visitor services, lodging, and local quality-of-life
The report highlights that the OHMV network is designed to connect to lodging and services, supporting tourism and local economic activity. It also flags practical local governance issues—especially short-term lodging (e.g., Airbnb)—noting there is no single state law that ties OHMV access to short-term rentals, so Needles may need a local policy approach (registration, disclosure of OHMV rules to guests, quiet hours/parking standards, and targeted enforcement) to reduce neighborhood impacts.

Staging areas (proposed trailhead-style access points)
To reduce “informal unloading” on neighborhood streets and concentrate compliance messaging, the plan identifies potential staging areas near:
• Park Drive & River Road, and
• Clary Drive & Lillyhill Drive
Typical elements include graded trailer parking, loading/unloading zones, kiosks with rules/maps, trash, restrooms (as feasible), entry/exit signage, and emergency contact information.

Reporting and pilot timeline
State law requires Needles (with CHP/Caltrans/Parks & Recreation and others) to evaluate and report on the pilot by January 1, 2033, including safety, traffic flow impacts, OHV usage changes, incursions/off-route impacts, and public comments.

Additional reporting on environmental/neighboring impacts is also due by January 1, 2033. The pilot statute is scheduled to remain in effect until January 1, 2034 unless extended by later legislation.
________________________________________________________________________________________________________ Citizen + Visitor FAQ (rules, regulations,
and practical “how-to”)
1) Is OHMV riding allowed everywhere in Needles now?
No. OHMV operation on city streets is only legal on designated OHMV routes once the City Council approves the plan and required signage/controls are installed. Riding off-route on non-designated streets is subject to enforcement. 2) How long is the proposed OHMV street network?
The proposed combined-use network totals 9.20 miles, which fits under the statutory cap of 10 miles for the Needles pilot project.
3) What’s the maximum speed for OHMVs on the designated routes? 35 mph maximum for OHMVs unless posted lower on any roadway designated under the pilot master plan, regardless of the street’s standard posted speed. Riders must also obey any lower posted speed limits and operate safely for conditions. 4) When do the routes officially “go live”?
Combined-use segments become effective when the City installs approved signs/markers/traffic control devices and after the required safety review process is complete (including the NPD/CHP safety finding).
5) Do I need a driver’s license to operate an OHMV on these city streets? Yes—because these are public roads/highways (combined-use). Operators must meet applicable driver licensing requirements for the vehicle type they are operating. ________________________________________________________________________________________________________ 6) Do OHMVs need registration/identification to operate on the designated streets?
Yes. OHMVs subject to California identification requirements must display a valid OHV identification plate/sticker (commonly red/green sticker or equivalent identification) as required by California law. Vehicles without required identification are not legal for operation on public roadways as part of this system. 7) Do I need insurance?
Yes. Drivers/owners must be able to show financial responsibility (insurance or equivalent proof) and carry evidence in the vehicle (or otherwise be able to establish it as allowed by law). This is a major enforcement and liability topic on public streets. 8) Are helmets required?
Helmets are required under California rules for many OHMV use cases, and the plan specifically anticipates “Helmet Required” messaging as part of route signage and public education. When in doubt: wear a helmet and appropriate protective gear— and follow the specific rules for your vehicle class and rider age. 9) Can children operate OHMVs on the city routes?
Minors have additional restrictions under state law (including ATV safety certification/training requirements for operators under 18 in many contexts). Practically:
if you’re under 18, assume you will need to meet training/certification and supervision requirements and still comply with licensing/helmet rules applicable to public-road combined-use operation. Families should check age/vehicle-type requirements carefully before riding.
10) What if I’m staying at a hotel—can I ride from my lodging to the trails?
That is one of the core purposes of the plan: connecting lodging facilities to the OHMV route network and onward connections to federal trail systems. You must still:
• Stay on the designated route,
• Keep OHMV speed ≤ 35 mph,
• Ensure your vehicle is properly identified/registered, and • Carry license + insurance proof as required.
________________________________________________________________________________________________________ 11) What about short-term rentals (Airbnb/VRBO)?
The report notes there is no single state law linking OHMV access and short-term rentals; the City may adopt local rules (registration, disclosure of route rules to guests, quiet hours, parking standards, and enforcement). Visitors should not assume a rental home is located on or near a legal connector route—if you’re not on a designated route, riding on neighborhood streets can be illegal.
12) Where will I find the official route map and rules? The plan recommends a dedicated City OHMV webpage with downloadable maps, the local ordinance, rules, and an FAQ—plus QR codes and printed mailers. Until the City publishes the final ordinance/map package, rely on:
• Posted Begin/End OHMV Route signs, and
• The City’s official published materials.
13) What signage should I look for?
Expect (at minimum):
• Begin OHMV Route / End OHMV Route signs
• Directional arrows and wayfinding
• Speed Limit (OHMV max 35 mph)
• Warnings like Yield to Pedestrians, Stay on Designated Route, and hazard advisories in key locations
14) Can I cross highways to reach trails?
Crossing rules are tightly controlled. In many cases, OHMVs may only cross at designated crossing locations and must cross quickly and safely. Follow posted crossing signage and any City/Caltrans/CHP-designated crossing points. 15) Will law enforcement enforce these routes?
Yes. The implementation strategy specifically calls for law enforcement coordination, training, and targeted enforcement—especially during high-use weekends/holidays—to address speed, off-route riding, equipment compliance, and nuisance behavior. 16) What are the most common violations visitors should avoid? ________________________________________________________________________________________________________ • Riding off the designated route network
• Operate an OHV on designated routes during the hours of darkness • Exceeding 35 mph (OHMV cap)
• Operate without rubber tires
• Operate without street-legal equipment as required by law, including an operational stoplight (brake light)
• No proof of insurance/financial responsibility
• Missing required OHV identification/registration
• Operating without proper license/endorsement (as applicable) • Unsafe operation near pedestrians/residential areas (noise, dust, reckless driving)
• Not compliance with CVC §38026.5
17) What are other safety tips?
OHMV riders will be operating on public roadways alongside:
• Pedestrians
• Bicyclists
• Passenger vehicles
• Commercial trucks
Riders must:
✔ Drive cautiously
✔ Yield to pedestrians
✔ Obey all traffic laws
✔ Operate defensively
✔ Maintain full situational awareness
Unsafe or reckless operation may result in citations and jeopardize the future of the program.
18)What are the benefits for residents? What about neighborhood impacts?
Benefits emphasized include improved legal access, reduced trespass onto private land, better resource protection, and visitor spending. To manage impacts, the plan emphasizes signage, staged access points, education, and enforcement—plus possible local policy tools for noise, dust, and short-term lodging. ________________________________________________________________________________________________________ 19) Is this permanent?
It is a pilot authorized in state law, with required evaluation reports due January 1, 2033, and the pilot statute scheduled to sunset January 1, 203 unless extended.

Practical “Visitor Rules” cheat sheet (easy-to-share)
• Only ride on designated OHMV routes (look for Begin/End signs). • Max OHMV speed = 35 mph on pilot-designated streets, unless posted lower. • Bring and be ready to show: driver’s license, insurance proof, OHV ID/registration.
• Unlawful to operate an OHV on designated routes during the hours of darkness.
• Unlawful to operate without street-legal equipment as required by law, including an operational stoplight (brake light).
• Unlawful to operate without rubber tires.
• Helmet + safety gear strongly expected (and legally required in many cases). • Yield to pedestrians, ride quietly through neighborhoods, and don’t roost dust.
• Use designated staging areas when available; don’t unload in neighborhoods. • If you’re unsure, don’t ride that street—find the signed route. ________________________________________________________________________________________________________

CITY OF NEEDLES, CALIFORNIA

OFF-HIGHWAY MOTOR VEHICLE (OHMV) PILOT

PROGRAM
Rules, Routes & Responsibilities
SIDE A — FOR RESIDENTS OF NEEDLES
What is the OHMV Pilot Program?
The City of Needles is implementing a state-authorized pilot program that allows OffHighway Motor Vehicles (OHMVs) to legally use designated city streets to connect neighborhoods, lodging, and services to existing federal OHV trails.

This program is authorized only for the City of Needles under California Vehicle Code §38026.2.

Where are OHMVs allowed?
�� ONLY on streets officially designated as OHMV Routes �� NOT on all city streets
All routes are clearly marked with:
________________________________________________________________________________________________________ • “Begin OHMV Route” and “End OHMV Route” signs
• Directional arrows
• OHMV speed limit signage
Riding off-route is illegal and enforceable.

Speed, Safety & Neighborhood Protections
• Maximum OHMV speed: 35 mph unless posted lower
• Riders must yield to pedestrians
• No reckless riding, racing, or excessive noise
• Law enforcement will conduct targeted enforcement, especially on weekends and holidays
The program is designed to reduce illegal riding on neighborhood streets by directing riders to clearly marked corridors.

Do OHMV riders need licenses and insurance?
Yes. On city streets, OHMV operators must have:
• A valid driver’s license
• Proof of insurance / financial responsibility
• Proper OHMV registration or identification sticker
• Required helmet and safety equipment
What if there are problems?
The City will maintain:
• A dedicated OHMV information webpage
• A complaint and feedback system
• Ongoing coordination with law enforcement
Residents are encouraged to report:
________________________________________________________________________________________________________ • Riding off designated routes
• Excessive speed or noise
• Unsafe operation
Is this permanent?
No. This is a pilot program.
• Evaluation report due to the State: January 1, 2033
• Program sunsets unless extended: January 1, 2034
SIDE B — FOR VISITORS & OHMV RIDERS
Welcome to Needles — Ride Legal, Ride Smart
Needles is proud to be one of the only cities in California offering legal OHMV street connections to world-class desert trails.

But riding is legal ONLY if you follow the rules below.

Where can I ride?
�� Designated OHMV Routes only
�� No riding on non-designated city streets
Look for official signs:
• Begin OHMV Route
• End OHMV Route
• Directional arrows and warnings
If it’s not signed — don’t ride it.
________________________________________________________________________________________________________ Speed Limit
�� Maximum OHMV speed on city streets: 35 mph
Lower speeds may apply in specific areas.

What you must have to ride legally
Before riding on city streets, make sure you have:
• �� Valid driver’s license
• �� OHMV registration or CA identification sticker
• �� Proof of insurance
• �� Helmet and required safety gear
• �� Street-legal equipment as required by law
Riders without proper documentation may be cited and removed from the route.

Staying at a hotel or lodging?
Many hotels are located near designated OHMV routes. You may ride:
• From lodging → to designated OHMV routes → to trail systems • ONLY via signed routes
Short-term rentals (Airbnb, VRBO, etc.) may not be located on legal OHMV access streets. Ask before you ride.

Trail Staging Areas
Use designated OHMV staging areas when available to:
• Load and unload OHMVs
• Access route maps and rules
• Reduce impacts on neighborhoods
________________________________________________________________________________________________________ Do not unload or stage OHMVs on residential streets.

Respect the Community
✔ Yield to pedestrians
✔ Keep noise and dust down
✔ Obey all signs and speed limits
�� NO off-route riding
�� NO racing or reckless behavior
�� NO riding during hours of darkness
�� NO operation without operational brake light
�� NO operation without rubber tires

SHARE THE ROAD
You will be riding with pedestrians, bicyclists, passenger vehicles, and commercial trucks. Drive cautiously and obey all traffic laws.

Unsafe or illegal riding threatens the future of the program.

Enforcement
Local law enforcement actively patrols OHMV routes.

Violations may result in:
• Citations
• Fines
• Removal from routes
• Loss of OHMV access privileges
Remember
This OHMV system exists because riders follow the rules.

Help keep Needles open, safe, and OHMV-friendly.
________________________________________________________________________________________________________

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Needles City CouncilApril 14, 2026

Needles City Council
April 14, 2026