San Joaquin City Council
April 1, 2025

SAN JOAQUIN CITY COUNCIL REGULAR MEETING

SAN JOAQUIN COUNCIL CHAMBERS
21991 COLORADO AVE (A)

SAN JOAQUIN, CA
TUESDAY, APRIL 1, 2025
6:00 P.M.

MEMBERS OF THE COUNCIL WILL BE IN ATTENDANCE AT THE MEETING.

MEMBERS OF THE PUBLIC MAY ATTEND AND PARTICIPATE IN THIS MEETING

IN PERSON OR BY ZOOM OR SUBMIT WRITTEN COMMENTS AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT [email protected].

ZOOM INFORMATION:
https://us02web.zoom.us/j/85749742824?pwd=xw2TEJoE8sDGzAniBY2YPWjaOkfk2o.1 MEETING ID: 857 4974 2824
PASSCODE: 524753
TELEPHONE NUMBER: 1-669-900-9128
The City Council welcomes you. All attendees are advised that pagers, cell phones, and any other communication devices should be powered off upon entering the Council meeting.

The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called.

For each agenda item considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals. Public comments from those in attendance will then be taken. All public comments will be limited to three minutes per person.

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL

Adam Flores-Cornejo Mayor
Martha Mejia Mayor Pro Tem
Cristina Covarrubia Councilmember
Abel Lua Councilmember
Rosa M. Ramirez Councilmember

2. APPROVAL OF AGENDA –

3. PRESENTATION –
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org

4. PROCLAMATION –

5. CONSENT CALENDAR –
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be considered separately at the request of any member of the City Council or any person in the audience - A. SUBJECT: Minutes of the Regular City Council Meeting of March 4, 2025.

RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of March 4, 2025. (Enclosure P. 1, Action Item) B. SUBJECT: Warrants #’s 056069-056111.

RECOMMENDATION: Council approve Warrant #’s 056069-056111 as presented. (Enclosure P. 4, Action Item)

6. SHERIFF REPORT – Informational Only

7. CITY MANAGER REPORT – Informational Only

8. CITY ATTORNEY REPORT – Informational Only

9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA
ITEMS –
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, (iii) and to initiate new agenda items.

Under this section the Council may take action only on items specifically agendized and which meet other requirements for actions.

10. PUBLIC FORUM –

This part of the meeting is for members of the public to address the City Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the City Council of the City of San Joaquin. If you wish to comment on an item which is not on the agenda, you may do so at this time and each speaker is limited to three (3) minutes.

Speakers are asked, but not required, to state their name and address and to use the microphone. The Council is prohibited by law from taking action on items not on the agenda. Discussion shall be limited to referring the item to staff and possible scheduling on a future council agenda.

11. PUBLIC HEARINGS –

CONVENE AS THE SAN JOAQUIN PLANNING COMMISSION

12. SAN JOAQUIN PLANNING COMMISSION –
A. SUBJECT: General Plan Amendment, Rezoning, and Zoning Text Change to allow for Tentative Tract Map (TTM) No. 6456 to Subdivide APN-033-040-50 into 38 Single Family lots. Postpone review of the TTM to a date certain of May 6, 2025 Planning Commission Hearing at 6:00 PM.

B. RECOMMENDATION: That the Planning commission continue the Public Hearing to a date certain to allow time to complete the necessary review by Cal FIRE. (Enclosure P. 9, Action Item)

ADJOURN THE SAN JOAQUIN PLANNING COMMISSION AND RECONVENE AS THE

SAN JOAQUIN CITY COUNCIL

13. OLD BUSINESS –

14. NEW BUSINESS –
A. SUBJECT: Approving the 2024 Housing Element Annual Progress Report.

RECOMMENDATION: Adopt Resolution No. 2025-15, approving the 2024 Housing Element Annual Progress Report and directing staff to transmit the report to the California Department of Housing and Community Development. (Enclosure P. 10, Action Item)
B. SUBJECT: Consideration of Resolution No. 2025-16, for the purchase of a sewer lift station Monitoring system from Bogie’s Pump for $14,751.19.

RECOMMENDATION: Adopt Resolution No. 2025-16, approving the purchase of a monitoring system for the sewer lift stations from Bogie’s Pump Systems for $14,751.19. (Enclosure P. 43, Action Item)
C. SUBJECT: Council authorization to award a contract to Gouveia Engineering, Inc. and authorizing the City Manager to execute the agreement for on-call engineering services for Federally Funded Transportation Projects for the City of San Joaquin.

RECOMMENDATION: Adopt Resolution No. 2025-17, awarding a contract to Gouveia Engineering, Inc. and authorizing the City Manager to execute the agreement for on-call engineering services for Federally Funded Transportation Projects for the City of San Joaquin. (Enclosure P. 45, Action Item)
D. SUBJECT: Council authorization to enter into a new agreement with Mid Valley Disposal, LLC.

RECOMMENDATION: Adopt Resolution No. 2025-18, approving a municipal solid waste franchise agreement between the City of San Joaquin and Mid Valley Disposal, LLC effective April 1, 2025. (Enclosure P. 87, Action Item) E. SUBJECT: Council Discussion on the Yard Sale Ordinance.

RECOMMENDATION: Council discuss the current Yard Sale Ordinance and provide direction to staff on how to proceed. (No enclosure; discussion and direction to staff)

15. CLOSED SESSION –

16. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g. hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City Office at (559) 693-4311 so such aids or services can be arranged. Request may also be made by email to the City Clerk at [email protected] or mailed to San Joaquin City Hall, P.O. Box 758, San Joaquin, CA 93660. Accommodations should be requested as early as possible as additional time may be required in order to provide the request accommodation is suggested.

NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding within 72 hours of the meeting regarding any items on this agenda will be made available for public inspection at the City Clerk’s Office located at City Hall, 21900 Colorado Avenue during normal business hours and on the City’s website at www.cityofsanjoaquin.org
LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official.

Participants and agents are requested to make this disclosure as well.

The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.

CERTIFICATION OF POSTING
I, Matt Flood, City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the regular San Joaquin City Council Meeting of Tuesday, April 1, 2025 was posted at the following locations: City Hall, 21900 Colorado Avenue, San Joaquin Senior Center, 21991 Colorado Ave (B) and US Post Office 8667 Ninth Street on Friday, March 28, 2025 by 5:00 P.M. *NEXT REGULAR COUNCIL MEETING SCHEDULED TUESDAY, MAY 6, 2025*

SAN JOAQUIN CITY COUNCIL REGULAR MEETING

MINUTES
TUESDAY, MARCH 4, 2025

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Mayor Adam Flores-Cornejo Present
Mayor Pro Tem Martha Mejia Present
Councilmember Cristina Covarrubia Present
Councilmember Abel Lua Present
Councilmember Rosa Maria Ramirez Present
The Meeting was called to order and the pledge of allegiance led by Mayor Flores-Cornejo at 6:01pm.

2. APPROVAL OF AGENDA
A motion was made by Councilmember Lua to approve the agenda as presented, seconded by Mayor Pro Tem Mejia. Motion passed 5-0.

3. PRESENTATION
A. Mid Valley Disposal to Present Recycler of the Year Award Representatives from Mid Valley Disposal presented the award to Los Amigos Family Food Center.

4. PROCLAMATION

5. CONSENT CALENDAR
A. SUBJECT: Minutes of the Regular City Council Meeting of February 4, 2025 and the Special City Council Meeting of February 18, 2025.

RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of February 4, 2025 and the Special City Council Meeting of February 18, 2025.

B. SUBJECT: Warrants #’s 055991-056068.
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org 1 RECOMMENDATION: Council approve Warrant #’s 055991-056068 as presented.

C. SUBJECT: Resolution of the City Council of the City of San Joaquin for the Initiation of Proceedings for the Annual Levy of Assessments for Assessment District No. 92-3, (Pursuant to the Landscaping and Lighting Act of 1972).

RECOMMENDATION: Council adopt Resolution No. 2025-11, initiating Proceedings for the Annual Levy of Assessments for Assessment District No. 92-3 and to have the City Engineer prepare and file his annual report on the levy.

A motion was made by Councilmember Lua to adopt the Consent Calendar, seconded by Mayor Flores-Cornejo. Motion passed 5-0.

6. SHERIFF REPORT
Deputy Swain provided his monthly report.

7. CITY MANAGER REPORT
City Manager Cabrera provided her report.

8. CITY ATTORNEY REPORT
The City Attorney provided her report.

9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA ITEMS The City Council provided their reports.

10. PUBLIC FORUM
Members of the Public provided comment.

11. PUBLIC HEARINGS
A. SUBJECT: Public Hearing and Council Approval to Allow the Issuance of Bonds for Apartments within the City.

RECOMMENDATION: Adopt Resolution No. 2025-12, approving the issuance of the California Municipal Finance Authority Exempt Facility Bonds in an aggregate principal amount not to exceed $17,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement and equipping of San Joaquin Apartments, San Joaquin Senior, and California Apartments in San Joaquin, CA and certain other matters relating thereto.
2 At 6:51pm Mayor Flores-Cornejo opened the hearing to the public and at 6:53pm, after receiving no comment from the public, closed the hearing. A motion was made by Councilmember Covarrubia to approve the item, seconded by Councilmember Ramirez.

Motion passed 5-0.

12. SAN JOAQUIN PLANNING COMMISSION

13. OLD BUSINESS

14. NEW BUSINESS
A. SUBJECT: Council approval of an Agreement with Clark Bros., Inc. for leasing the City facility at 21960 Railroad Avenue for storage of Equipment and Materials for a City Project.

RECOMMENDATION: Adopt Resolution No. 2025-13, approving an agreement with Clark Bros., Inc. for the lease of the City facility located at 21960 Railroad Street and authorizing the City Manager to execute the agreement.

A motion was made by Councilmember Lua to approve the item, seconded by Councilmember Covarrubia. Motion passed 5-0.

B. SUBJECT: Proposed Budget Line-Item Amendment and Modification of Incentive Program.

RECOMMENDATION: Adopt Resolution No. 2025-14, approving a Budget LineItem Amendment, increasing the Certification Incentive Program line for Specific Certifications.

A motion was made by Councilmember Mejia to approve the item, seconded by Councilmember Ramirez. Motion passed 5-0.

15. CLOSED SESSION

16. ADJOURN MEETING
At 7:07pm with no other business remaining before the City Council, a motion was made by Mayor Flores-Cornejo to adjourn, seconded by Mayor Pro Tem Mejia. Motion passed 5-0.
3 4
:PORT.: Mar 14 25
lN .... : Mar 14 25
Friday
Time: 13:19
:n By.: Cindy Torres
lVOice No Description

CITY OF SAN JOAQUIN
Automatic Check Listing/Update
Control Date.: 03/14/25 Cash Account No .. : 999 10110
Invoice Actual
Date Period
Discou:it
Due Date Fiscal Tm G/L Account No
Gross
Amount
Check#.: 056069 Check Date.: 03/14/25 Vendor I.D.: ADA.OJ (ADA.1/JS ASHBY GROUP, INC.) 7035- LABOR COMPLIANCE WELL #6 SRF FUNDING 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check#.: 056070 Check Date.: 03/14/25 Vendor I.D.: ALHOl (SPARKLETTS) '1030125- DRINKING WATER FOR CITY HALL 03/12/25 03-25 A 100 39025 03/14/25 09-25
2500.00

82.97 Discount
Amount
.oo
.OQ
PA.GE: 001
ID#: PY-CL
CTL.: SAN
Net:

Amount
2500 00

82.97 -------------- --------------------------------------------------------- --------------------------------------------------------- Check#., 056071 Check Date.: 03/14/25 Vendor I.D.: BA.DOG (BADGER METER INC.) :0186742- BEACON SERVICES FOR FEBRUARY 2025 03/12/25 03-25 A 100 39025 03/14/25 09-25
694.60
Check #.: 056072 Check Date.: 03/14/25 Vendor I. D.: BOGOO (BOGIE'S PUMP SYSTEMS) 19454- REPAIR PUMP FOR 5TH STREET SEWER LIFT STATION 03/12/25 03-25 A 100 39025 03/14/25 09-25
9057.67
Check IL: 056073 Check Date.: 03/14/25 Vendor I.D.: DGCOO (DG CALIFORNIJ\. SOLA.1Z, LLC) 930971- INVOICE FOR SOLAR METER ENERGY FOR CITY FJ\.CILITIES C3/12/25 03-25 A 100 35025 03/14/25 09-25
7087.37
Check #.: 056074 Check Date.: 03/14/25 Vendor I.D.: DIA03 (DIAMOND LOCKSMIT:-1:S) 014641- PURCH.~SE EXTRA KEYS FOR PUBLIC WORKS DEPARTMENTS 03/12/25 03-25 A 100 39025 03/14/25 09~25
Check#.: 056075 Check Date.: 03/14/25 Vendor I,D.: DOMOD {DOMINGUEZ, ALFONSO) C50312- REFUND DEPOSIT FOR VFW Hl'.LL EVENT ON 3/8/25 03/12/25 03-25 A 100 39025 03/14/25 0.9-25

35.10 175.00
.00 694.60
.00 9057.67
.00 7087.37
.00 36.10
.00 175.00
Check #.: 056076 Check Date.: 03/14/25 Vendor I.D.: DRPOO (DR. PATRICK SMITH VETERINARY HOUSECALLS) )CSJEDTH- EUTHANASIA IMPOUNDED SERVICES FOR ANI~_qL CONTROL 03/12/25 03/14/25
03-25 A 100 39025
09-25
700.00
Check #.: 056077 Check Date.: 03/14/25 Vendor l.D.: FIRST (FIRST NA'.cIONAL BANK 01".AHA) 050312- PURCHASE SUPPLIES,ALARMS, SUBSCRIPTIONS & TRAVELS 03/12/25 03-25 A 100 39025 03/14/25 09-25
4334.76
Check #.: 056078 Check Date.: 03/14/25 Vendor I.D.: FREOl (FRESNO COUNTY TREASURER) 5022494- L.~W ENFORCEMENT SERVICES FOR FEBRUARY 2025 03/12/25 03•25 A 100 39025 03/14/25 09-25
8333.33
Check#.: 056079 Check Date.: 03/14/25 Venda~ I.D.: FRES2 (FRESNO COUNTY TREASURER) 5022494-
S022495-
050312-
CONTRACT POLICE SERVICES FOR FEBRUARY 2025 03/12/25 03-25 A 100 39G25 03/14/25 09-25
CONTRACT POLICE SERVICES FOR FEBRUAR.Y 2025 03/12/25 03-25 A 100 39025 03/14/25 09-25
.. Vendor's Subtotal ----->
Check #.: 056080 Check Date.: 03/14/25 Vendor I.D.: FROOl (FRONTIER) TELEPHONE SERVICES FOR 559.846.8083 03/12/25
()3/14/25
03-25 A 100 39025
09-25
Check #.: 056081 Check Date.: 03/14/25 Vendor I.D.: FR002 (FRONTIER) C50312- TELEPHONE SERVICES FOR 559.693.2051 03/12/25 03-25 A 100 39025 03/14/25 09-25
10951. 20
19998.72
----------- 30949.92

56.53 338.17
,00 700.00
.00 4334.76
.00 8333.33
,00 10951.20
.00 19998.72
---------- ----------- .00 30349.92
.oc 56.53
.00 338.17
5 C:lT't 01" SA.l"J JOAQUIN
JN, Automatic Check Listing/Update .... Mar 14 25 Tirne; 13;.19 1n By. ~ Cindy Torres Control Date.: 03/14/25 cash Account No .. : 999 10110 1voice No Description
Invoice Actua~
Da~e Period
Discount
Due Date Fiscal Tm G/L Account No
Check 1/.: 056082 Check Date.: 03/14/25 Vendor I.D.: FR003 (FRONTIER) C50312- TELEPHONE SERVICES FOR 559.693.2407 03/12/25
03/14/25
03-25 A 100 39025
09-25
Check #.: 056083 Check Da;:e.: 03/14/25 Vendor I.D.: FR004 (FRONTIER) C50312- TELEPiiGNE SERVICES FOR 559.693.2509 03/l2/23
03/14/25
0J-2s A ioo 3902s
G9-25
Gross
Amount

81. 74

79.01 Check#.: 056084 Check Date.: 03/14/25 Vendor I.D.: HARRl (HARRALSON MACHINE WORKS) C50312- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPiRTMENTS 03/12/25 03-25 A 100 39025 03/14/25 09-25
577, 30
Discol.!nt
Amount
.oo
.00
.00
Check #.: 056085 Check Date.; 03/14/25 Vendor I.D.: H0:.101 (HOME D:.:C:POT CREDIT SERVICES) '.;:50312- PU'l.CP.ASE S'.JPPc,IES FOR PUBLIC WORKS DEP~"TMENTS 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check #.: 056086 Check Date.: 03/14/25 Vendor I.D.: IMAOO (IMAGE 2000) 754452- INVOICE FOR FEBRUARY 2025 FOR COST PER COPY 03/12/25 03-25 A 100 39025 03/14/25 09-25

10.54 157.55
Check # : 056087 Check Date.: 03/14/25 Vendor I.D.: MID02 (MID VALLEY DISPOSAL INC,) ,B -2025- CONTRACT SOLID SERVICES FOR FEBRUARY 2025 03/12/25 03-25 A 100 39025 03i14/25 09-25
17985.65
Check #,: 056088 Check Date.: 03/14/25 Vendor I.D.: MOUOO (MOUNTAIN VALLEY PEST CONTROL) '.6810258- PEST CONTROL SERVICES FOR CI:::Y FACILITIES 03/12/25 03-25 A 100 39025 03il4/25 09-25
275.00
Check#.: 056089 Check Date.: 03/14/25 Vendor I.D.: OFi'Ol (ODP BUSINESS SOLUTIONS, LLC) '4700002- PURCHASE JANITORIAL SUPPLIES i'OR PW DEPfu,TME~TS C3/12/25 03-25 A 100 39025 03/14/25 09-25
Check # : 056090 Check Date,: 03/14/25 Vendor I.D.: PAC02 (PACE SUPPLY CORP) 0257008- PURCHASE SUPPLIES FOR SEWER DEPARTMENT 03/12/25 03-25 A 100 39025 03/14/25 09-25
.0272982- PURCHASE SUPPLIES FOR SEWER DEPARTMENT 03/12/25 03-25 A 100 39025 03/14/25 09-25

21.26 741.37

22.58 .00
.00
.00
.oo
.00
. O'J
.oc
----------- ---~------ Vendor's Subtotal -----> 763.95
Check #.: 056091 Check Date.: 03/14/25 Vendor I.D.: PGEOl (PACIFIC GAS AND ELECTRIC) C50312- UTILITIES SERVICES FOR CITY FACILITIES 03/12/25 03-25 A 100 39025 03/14/25 09-25
8072.68
.00
.00
PAGE: 002
ID#: PY-CL
CT:...: SAN
Net
Amount
8l.74

79.01 577.30
lC. 54.
157.55
17985.65
275.00

21.26 741.37

22.SS
___ .., _______
763.95
8072.68
Check#.: 056092 Check Date.: 03/14/25 Vendor I.D.: PITOl (PITNEY BOWES GLOBAL FINANCIAL SERVICE LL) 17116580- LEASE FOR RELAY 1000 INSERTING SYSTEM 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check#.: 056093 Check Date.: 03/14/25 Vendor I.D.: RINOl (RINGCENTRAL INC.) 9443701- LEASE FOR TELEPHONES AT CITY HALL FOR APRIL 2025 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check#.; 056094 Check Date.: 03/14/25 Vendor I.D,: SEB03 (SEBASTI.IL~) L0825557- SECURITY ALARMS SERVICES FOR CITY FACILITIES 03/12/25 03-25 A 100 39025 03/14/25 09-25
416. 93 .00 416.93
290.52 .00 290.52
349.75 .00 349.75
6 ~VKl : r!dL ~~ L~ ~r~uay C>Ti C!!<' SAN JOAQUIN ii'L ... : Mar 14 25 Time: 13: 19 Automatic Check Listing/Update m By,: Cindy Tor-res Control Date. 03/14/25 Cash Account No .. : 999 10110 tvoice No Description
Invc::.ce
Date
Ac':ual
Period
9iscount
:Vue Date Fis-cal I'm G/L Account No
Check #.: 056095 ::'hec% Dace.: 03/14/25 ·vendor I.D.: SEB05 (SE3ASTIA.t"l) 0824420- HIGH SPEEJ INTER.l'JET FOR CITY HALL 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check #.: 056096 Chee% Dace.: 03/14/25 Vendor I.D.: SEB06 (SEBASTIAN) 0824570- WIRELESS BROADBAND/HIGH SPEED INTERKST@ PW 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check #.: 056097 Check Date.: 03/14/25 Vendor I.D.: SEBO? (SEBASTilU,) 0825728- WIRELESS BROADBAND/ HIGH SPEED INTERNET@ VFW HALL 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check #.: 0560% Check Date.: 03/14/25 Vendor l.D.: SEB08 (SEBASTIAN) C823710- HIGH S?EEI; INTERNET FOR L30 CANTU CO"lMl.J'NITY CE~IER 03/~2/25 03-25 A 100 39025 03/14/25 09-25
C825180- HIGH SPEED INTERNET FOR LEO CA..~TU COMMUN:TY CENTER 03/12/25 03-25 A 100 39025 03/14/25 09-25
** Vendor's Subtotal ----->
Check#.: 056099 Check Date.: 03/14/25 Vendor I.D.: SEB09 (SEBASTIAN) .0826655- WIRELESS BROADBAND/HIGH SPEED INTERNET@ SC 03/12/25 03-25 A 100 39025 03/14/25 09-25
Gross
Amount
129.95
199.90

69.95 239.85
129.95
369.80
269.85
Check#.: 056100 Check Date.: 03/14/25 Vendor I.D.: SLUOl {SLUMBERGER LUY.BER) C50312- PURCHASE SUPPLIES FOR PUBLIC WORKS DEPARTMENTS 03/12/25 03-25 A 100 39025 03/H/25 09-25
212.65
Check#.: 056101 Check Date.: 03/14/25 Vendor I.D.: SPE04 (SPECIALTY HOSE XPRESS) 90962- PURCHASE SUPPLIES FOR SPRAYER 03/12/25 03-25 A 100 39025 03/14/25 09-25

27. 72
Check#,: 056102 Check Date.: 03/14/25 Vendor I.D.: UNIOB {UNIFIRST CORPORATION) 0125110- UNIFORMS SERVICES FOR PUBLIC WORKS DEPARTMENTS 03/12/25 03-25 A 100 39025 03/14/25 09-25
0126669- UNIFORMS SERVICES FOR PUBLIC WORKS DEPARTMENTS 03/12/25 03-25 A 100 39025 03/14/25 09-25
** Vendor's Subtotal ----->
Check #.: 056103 Check Da~e.: 03/14/25 Vendor :.D.: USAOl (USA BLUE BOOK) C636804- PURCH..sSE SUPPLIES FOR WATER DEPP-~TMENT 03/12/25 03-25 A 100 39025 03/14/25 09-25
180.36
221.12
----------- 401. 48
134.86
Discount
Amount
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
---------- .00
.00
Check#.: 055104 C:c.eck Da::e.: 03/14/25 Vendor I.D.: VALOO (VALLEY FARi~ SUPPLY STORES INC.l Kl94800- PURCHASE SUPPLIES FOR PARKS 03/12/25 03-25 A 100 39025 03/14/25 09-25
Check#.: 056105 Check Date.: 03/14/25 Vendor I.D.: VERC3 {VERIZON WIRELESS) 6755126- WIRELESS CELLPHONES FOR COUNCIL M;o:MBERS & STAFF 03/12/25 03/14/25
03-25 A 100 39025
09-25
274.45 .00
866.07 .oc
PA':;E: 003
ID#: PY-CL
CTL : S.i'u'l
Net
Amount
129.95
199.90

69.95 239.85
12 9. 95
369,80
269.85
212.65

27. 72
180.36
221.12
----------- 401.48
134.86
274.45
866.07
----------------------------------------------------------------------------------------------- --- --- -- - -- -- --- 301913-
Check #.: 056106 Check Date.: 03/14/25 vendor I.D.: WESTl (WEST HILLS OIL) PURCHASE GASOLINE AND DIESEL F'OR PW D"o:PARTMENTS 03/12/25 03/14/25
03-25 A lDO 39025
09-25
** Total Checks Paid----->
74~.35 .oc 741.35
97126.33 .00 97126.33
7 ~t'V~l. ; MQ.r J..ofi ..C!;) .t' L ;i.o.a,y i.;-1-.1.1. ur· :>aN UVA<,JUJ..N N •..• : Mar 14 25 Time: 13:19 Automatic Check Listing/Update n By.: Cindy Torres General Ledger Accounts Summary for March 14, 2025 Accounting Period is March, 2025
G/L _,_ ____________ Account No Total Amount Eictension FUND Description _ ______ ,,. __ ,,. __ ------------- ---------------- 100 20000 21399 .12 21399.12 GENERAL FUND 105 20000 18311.37 39710.49 REFUSE-COMMER.CI
201 20000 17.32 39727.81 MEAS C/STREET
202 20000 136.54 39864.35 MEAS C/FLEX
205 20000 2586.16 42450.51 GAS Tl\X
:no 20000 222.93 42673.44 LTF STRTS/ROADS
221 20000 8333.33 51006.77 1\,B 1913/COPS
280 20000 464.41 51471.18 LANDSCAPE MAINT
500 20000 7270.85 58742.03 WATER
510 20000 14239.78 72981.81 SEWER
871 20000 21594.56 94576.37 PUB SAFETY $2M
877 20000 49.96 94626.33 CYO CDBG
880 20000 2500.00 97126.33 SRF
999 10110 -97126.33 .oo CASH CLEARING
Ctr G/L·Account No Total Amount Extension FUND Description -------------- ____________ .,.
... ------------ ...... --------------
210 100 20000 653.94 653.94 GENERAL FUND
215 100 20000 772. 95 1426.89 GENERAL FllND
ACCT Description
--------------..--
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts I'ayable
Accounts Payable
~~
ID #: PY-CL CTL.: SAN
DEPT Description
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Casn-Checking/United
ACCT Description DEPT Description
--·------------- ---------------- Accounts Payable
•Accounts Payable
8 HAND CHECKS FOR MARCH 2025
VENDOR VENDOR NAME INVOICEDESCRIPTJON CHECK NUMBER CHJ!CKDATE PAY EXACTLY FLOOS FWOD, MATTHEW REIMBURSEMENT FOR PURCHASE NETGEAR ROUTER 56107 3/20/2025 $ 216.69 DEL03 DE LAGE LANDEN FJANANC!AL SERVICES, INC. LEASE FOR SHARP /MX·6071 PRINTER 56108 3/28/2025 $ 155.16 STAU3 STATE WATEI\ RESOURCES CONTROL BOAR!) PAYMENTfORGRANTS#D160402.0&#01602027 56109 3/28/2025 $ 10,207.50 PET'l'l PETTY CASH PURCHASE BREAD FOR EVENT & RECORD DOCUMEN 56110 3!28/2')25 $ 138,50 WES22 WESTSIDE PUMP CO SERVICES FOR WATER & SEWER DEPARTMENTS 56Ul 3/28/20.25 $ 3,395.43

STAFF REPORT TO PLANNING COMMISSION
April 1, 2025
TO: Planning Commission
FROM: Elizabeth Cabrera, City Manager
SUBJECT: General Plan Amendment, Rezoning, and Zoning Text Change to allow for Tentative Tract Map (TTM) No. 6456 to Subdivide APN-033-040-50 into 38 Single Family lots.

Postpone review of the TTM to a date certain of May 6, 2025 Planning Commission Hearing at 6:00 PM.

Recommendation:

Staff recommends that the Planning commission continue this Public Hearing to a date certain to allow time to complete the necessary review by Cal FIRE. 9 STAFF REPORT TO COUNCIL
April 1, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Approve the 2024 Housing Element Annual Progress Report Recommendation:

Staff recommends that the City Council adopt Resolution No. 2025-15, approving the 2024 Housing Element Annual Progress Report and directing staff to transmit the report to the California Department of Housing and Community Development.

Executive Summary
The Housing Element Annual Progress Report (APR) describes the progress of the City’s ongoing efforts to implement and assess identified goals, policies and objectives in the 2023-2031 Housing Element adopted by the City Council on April 2, 2024 (Resolution No. 2024-11). Demonstration of ongoing compliance with State-required reporting ensures that the City maintains eligibility and competitiveness for ongoing grant funding opportunities that may help to implement these goals and policies. Additionally, noncompliance may result in court-imposed penalties or fines, loss of local land use authority, or inability to rely on the zoning ordinance or the General Plan to deny a housing project. The deadline for the 2024 Housing Element APR is April 1, 2025.

Background
California Government Code Section 65400 mandates that each City and County planning agency prepare an annual report on the status and progress in implementation of their Housing Elements.

The Housing Element APR is submitted to the Department of Housing and Community Development (HCD) by April 1st of each year for the prior calendar year. The report must also be reviewed by the local governing body, which can occur before or after submitting to the State. The HCD deadline coincides with the scheduled City Council hearing date. As such, after review by City Council, Staff will submit the APR to HCD immediately after the public hearing to ensure compliance with the State deadline of April 1, 2025. Updated versions of these reports may be resubmitted to HCD at any time if any revisions are directed by Council or as residential projects are approved. Staff will update the APR and share interim updates with the Council.

HCD provides a standard template that cities complete to fulfill statutory requirements for reporting on housing information, including housing production and affordability, implementation of Housing Element programs, and local efforts to remove governmental constraints to the development of housing. The APR includes a review of the City’s progress toward the eight-year Regional Housing Needs Assessment (RHNA) allocation, which establishes the number of new residential units, categorized by affordability levels, a jurisdiction is required to accommodate during the eight-year planning cycle to address housing needs. The APR serves as a useful tool to 10 provide the San Joaquin City Council and community with annual updates on the implementation of the Housing Element goals and policies.
11 RESOLUTION NO. 2025-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JOAQUIN, CALIFORNIA APPROVING THE 2024

HOUSING ELEMENT ANNUAL PROGRESS REPORT AND

DIRECTING STAFF TO TRANSMIT THE REPORT TO THE

CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT
WHEREAS, the California Department of Housing and Community Development requires each local jurisdiction in the State to prepare an annual progress report on its progress in implementing its Housing Element;
WHEREAS the purpose of the 2024 Housing Element Annual Progress Report (2024 APR) is to track and monitor progress in addressing the City’s housing needs, goals, and policies on an annual basis. The 2024 APR summarizes the City’s activities in the last calendar year related to implementation of the current Housing Element, which was adopted by the City Council on April 1, 2024;
WHEREAS the California Government Code Section 65400 requires the City to file an annual report addressing the status of the Housing Element, progress made toward implementing its goals and policies, and progress in meeting its share of the Regional Housing Needs Allocation.

NOW, THEREFORE, the City Council of the City of San Joaquin resolves as follows:

1. The City Council of the City of San Joaquin hereby approves the 2024 Housing Element Annual Progress Report and directs staff to transmit the report to the California Department of Housing and Community Development and the Governor’s Office of Land Use and Climate Innovation.

2. Elizabeth Cabrera is authorized to submit the 2024 APR and any subsequent amendments or modifications thereto, as well as any other documents which are related to the APR, as the Department may deem appropriate.
12 The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of San Joaquin held on the 1st day of April, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Adam Flores-Cornejo, Mayor
of the City of San Joaquin
ATTEST:
____________________________________
Matthew Flood, City Clerk
of the City of San Joaquin
13 Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_03_03_25
Please Start Here
General Information
2024
San Joaquin
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You
will be prompted to pick an old workbook to import
from. Project and program data will be copied exactly
how it was entered in last year's form and must be
updated. If a project is no longer has any reportable
activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Click here to add rows to a table. If you add too many
rows, you may select a cell in the row you wish to
remove and type ctrl + d.
21900 Colorado Avenue
P.O. Box 758
San Joaquin
93660
Elizabeth
Cabrera
City Manager
[email protected]
5596934311
Mailing Address
Annual Progress Report January 2020
14 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing.

Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is Optional: This macro identifies dates entered that occurred outside of the reporting year.

RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://hcd.my.site.com/hcdconnect Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2024 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2024 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
15 Jurisdiction San Joaquin
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
0 0
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 0 0
Mobile/Manufactured Home 0 0 0
Total 0 0 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 0 0
0 0
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 0 0
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 1 0
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
12/31/2023 - 12/31/2031
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
16 Jurisdiction San Joaquin ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Planning
Period 6th Cycle 12/31/2023 - 12/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Total

APPROVED
Units by
project
Total

DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
17 Jurisdiction San Joaquin ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 12/31/2023 12/31/2031
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street
Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(SFA,SFD,2
to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of
Occupancy
or other
forms of
readiness
How many of
the units
were
Extremely
Low
Income?
Please select
the state
streamlining
provision the
project was

APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed
Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of
Affordability or
Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destr
oyed Units
Demolished
or Destroyed
Units
Demolished
/Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers
or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking
Waivers or
Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
18 - - -
I
Jurisdiction San Joaquin ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 12/31/2023 - 12/31/2031
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2023-
12/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Above Moderate 97 - - - - - - - - - - - 97
200
- - - - - - - - - - - 200
5 6 7
Extremely lowIncome Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
20 - - - - - - - - - - 20
VLI Deed Restricted
VLI Non Deed Restricted
28 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 36 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. - Moderate
39 28
36 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
39 19
I
Jurisdiction San Joaquin ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 12/31/2023 - 12/31/2031
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income ModerateIncome
Above
ModerateIncome
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
20 I
I
Jurisdiction San Joaquin
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Regional
Collaboration on Housing
Opportunities
The Multi-Jurisdictional Housing Element provides an opportunity for a review of countywide housing issues. Housing needs will be more effectively addressed at the regional level rather than just at the local level, and the 15 participating jurisdictions are committed to continuing the regional collaboration in the implementation of the Housing Element. By working together, the jurisdictions can share best practices, explore opportunities for further collaboration, and make use of limited resources. The following efforts will be made to further regional collaboration:
-The City will continue to participate in the countywide Housing Element Technical Committee to collaborate on housing program implementation and regional issues, including addressing the needs of disadvantaged unincorporated communities (Senate Bill [SB] 244), infrastructure challenges, farmworker housing, homelessness, and fair housing. -The countywide Housing Element Technical Committee will meet at least biannually to evaluate successes in implementation of programs and to identify gaps and additional needs. -The County of Fresno Public Works and Planning Department, with assistance from the Fresno Council of Governments (FCOG), will take the lead in coordinating biannual committee meetings.
- The Housing Element Technical Committee will meet annually with the California Department of Housing and Community Development (HCD) to discuss funding opportunities and challenges in implementation of programs and seek technical assistance from HCD and other State agencies in the implementation of housing programs and the pursuit of grant funding.
- The Housing Element Technical Committee will advocate on behalf of the Fresno region for more grant funding for affordable housing and infrastructure improvements. - The City will continue to seek partnerships with other jurisdictions in the region and other agencies (such as the Housing Authority), housing developers, community stakeholders, and agricultural
employers/employees to explore viable options for increasing the availability of farmworker housing in suitable locations in the region.
-The City will develop a directory of services and resources for lower-income households available in the region, and review and update it annually. The directory will be available on City/County websites and at City/County offices
Continue to meet with the Housing Element
Technical Committee twice per year; meet
with HCD annually. Develop a directory of
services and resources by December 2025,
update annually as needed.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 21 Program 2:

Homeless/Unhoused
The City will cooperate with neighboring cities, the County, and other agencies in completing the Point-inTime count every other year and the development of programs aimed at providing homeless shelters and related services. As a part of this coordination, the City will:
• Reach out to local colleges and universities and local and regional homeless service providers, either individually or as part of the Housing Element Technical Committee, by July 2024 to identify partnership opportunities to conduct Point-in-Time counts. • Meet with interested partners at least 6 months prior to each January Point-in-Time count to identify strategies to recruit volunteers and conduct a local count. • Monitor the demographic composition of the unhoused population to identify needs for targeted resources and determine what efforts to take, such as providing education on financial assistance and programs available. • Support local homeless service providers, agencies, and other community organizations to pursue funding from available sources for homeless services.

Reach out to potential partner organizations
by July 2024 and hold strategy meetings 6
months prior to scheduled Point-in-Time
counts.

Program 3: Provision of
Adequate Sites
The City of San Joaquin will provide for a variety of housing types and ensure that adequate sites are available to meet its Regional Housing Needs Allocation (RHNA) of 200 units. As part of this Housing Element update, the City has developed a parcelspecific inventory of sites suitable for future residential development. The suitability of these sites has been determined based on the development standards in place and their ability to facilitate the development of housing to meet the needs of the City’s current and future residents, pursuant to state laws. The City will:
-Maintain and annually update the inventory of residential land resources for internal purposes.
- Monitor the availability of sites appropriate for lower- and moderate-income housing in keeping with state “no net loss” provisions (Government Code Section 65863), if development projects are approved at densities lower than anticipated in the sites inventory, and, if necessary, rezone sufficient sites to accommodate the RHNA within 180 days, ensuring that there is sufficient higher-density residential land available in areas throughout the city to deconcentrate poverty. - Monitor and report residential development through the HCD annual report process.
- Actively participate in the development of the next RHNA Plan to ensure that the allocations are reflective of the regional and local land use goals and policies.

Annually monitor as projects are
processed.
22 Program 4: Water and
Wastewater Services
The development viability of the vacant and underutilized sites in the inventory is directly linked to the availability and capacity of public facilities and services. The City continues to work to address water supply issues and infrastructure capacity limitations. Additionally, California Government Code Section 65589.7 requires water and sewer providers to establish specific procedures and grant priority water and sewer service to developments with units affordable to lower-income households. The City of San Joaquin provides water and sewer services in the City and shall:
- Annually monitor water capacity and quality and make improvements, as appropriate and feasible, to better serve existing development and strive to accommodate the RHNA. - Complete well and wastewater treatment plant improvements by 2025 to ensure sufficient capacity to
meet the RHNA.
- Establish procedures by the end of 2024 for granting priority water and sewer service to developments
with lower-income units in compliance with California Government Code Section 65589.7 Annually monitor water capacity and quality
and make improvements, as appropriate and
feasible. Establish a procedure for
prioritization by the end of 2024. Publish the
City’s fee schedule on the City’s website by
end of 2024.

Program 5: Lot Consolidation
To create additional opportunities for infill development and affordable housing, the City will help to facilitate lot consolidations to combine small, adjacent lots identified in the Housing Element into larger developable lots for housing. The City will meet with local developers and property owners to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units and consider additional incentives brought forth by developers. As developers and owners approach the City with interest in lot consolidation for the development of affordable housing, the City could defer certain fees, allow more height or additional stories, waive lot merger fees for certain small contiguous lots, and provide concurrent/fast tracking of project application reviews to developers who provide affordable housing. By 2026, the City will review the effectiveness of this program and revise as appropriate. The City will also evaluate grant funding for parcel assemblage land banking when it is available.

Meet with developers and property owners
starting in 2024 and annually thereafter.

Based on the meetings with developers and
property owners, add incentives as
appropriate within six months, and again each
year after every annual meeting occurs.

Review program effectiveness by 2026 and
revise as appropriate. Ongoing: Support
consolidation as applicable housing
applications are received; Pursue grant
funding during planning period if California
legislation and/or programs enable a taxincrement or similar program that leads to funding for site assembly.
23 Program 6: Affordable Housing
Incentives
The City will continue to work with the Fresno Housing Authority and other affordable housing developers to expand affordable housing opportunities by doing the following:
-Facilitate the approval process for land divisions, lot line adjustments, or master plans resulting in parcel sizes that enable affordable housing development and process fee deferrals related to the subdivision for projects affordable to lower-income households. - Monitor HCD’s website annually for Notices of Funding Ability (NOFA) and, where appropriate, prepare or support applications for funding for affordable housing for lowerincome households (including extremely low-income households), such as seniors, disabled (including persons with developmental disabilities), the homeless, and those at risk of homelessness.
- Continue to streamline the environmental review process for housing developments to the extent possible, using available State categorical exemptions and federal categorical exclusions, when applicable.
- Provide priority processing to projects that includes units affordable to lower-income and special needs households.
- Pursue partnerships with the Central Valley Regional Center to identify funding opportunities and promote housing for persons with disabilities. - Pursue use of CDBG funds to design and implement off-site infrastructure improvements for affordable housing projects.
- Continue to promote the State density bonus and provide streamlined processing to facilitate affordable housing development and provide for additional flexibility for affordable housing and special-needs housing through the minor deviation process. The City will promote this program by publicizing the incentives on the City website and by conducting preapplication consultation with developers regarding available incentives.

Ongoing, as projects are processed by the
City. Annually apply for funding and engage
with Central Valley Regional Center at least
every two years.

Program 7: Support Funding for
Farmworker Housing
The City will provide technical support and offer incentives to housing developers, such as the Fresno Housing Authority and Self-Help Enterprises, in the application of funds for farmworker housing, including HCD and USDA Rural Development loans and grants and other funding sources that may become available. The City will also continue to offer incentives such as density bonuses, streamlined processing, and the minor deviation process to facilitate development of farmworker housing. The City will annually monitor the status of farmworker housing as part of their annual report to HCD on Housing Element progress and evaluate if City efforts are effective in facilitating the provision of farmworker housing. If appropriate, the City will make necessary changes to enhance opportunities and incentives for farmworker housing development.

Meet with farmworker housing developers
and advocates on a biannual basis to discuss
their needs and offer assistance in the form of
letters of recommendation for grant
applications, assistance with site
identification and grant opportunities, and
discuss incentives for constructing
farmworker housing. Monitor status of
farmworker housing and evaluate
effectiveness of efforts annually as part of the
annual report process.

Program 8: Farmworker
Preference in New Affordable
Housing
For new affordable housing projects developed with City assistance, incentives, and/or subject to City requirements, the City will require that the developer give qualified farmworker households a preference for 15 percent of the new units. Should demand from farmworker households be insufficient to fill the set-aside units, then the units will be made available to other qualified households. The City will annually reach out to affordable housing developers to gather interest and input on how to best implement this program and will provide information on available funding.

Ongoing, as projects are processed through
the Planning Department; annually reach out
to developers and determine next steps
within six months.
24 Program 9: Extremely LowIncome Households
Provide financial support annually, as available, to organizations that provide counseling, information, education, support, housing services/referrals, and/or legal advice to extremely low-income households, to mitigate risk of displacement and support housing stability for extremely low-income households, persons with disabilities, farmworkers, and persons experiencing homelessness. The City shall:
- Expand regulatory incentives for the development of units affordable to extremely lowincome households and housing for special-needs groups, including persons with disabilities (including developmental disabilities), and individuals and families in need of emergency/transitional housing.
- Encourage the provision of affordable housing for young adults, particularly former foster youth and young mothers, through planning consultations, streamlined permit processing, and funding assistance.
- Encourage the development of single room occupancy (SRO) facilities, transitional and supportive housing, and other special housing arrangements, including completing Zoning Code amendments to establish provisions for SROs and remove barriers to production of special needs housing (Program 13) and committing City funds to help affordable housing developers provide SRO facilities consistent with the SRO Ordinance.

Ongoing; as projects are processed by the
Planning Division. By December 2024, conduct
outreach to organizations that support
extremely low-income residents to
understand funding needs, and review and
prioritize local funding at least twice in the
planning period, and support expediting
applications on an ongoing basis.

Program 10: Preservation of AtRisk Housing Units
Preserving the existing affordable housing stock is a cost effective approach to providing affordable housing in San Joaquin. The City must guard against the loss of housing units available to lower-income households. As of June 2023, there are no affordable units that are considered at risk of conversion to market rate in the next 10 years. For complexes at risk of converting to market rate, the City shall:
- Contact property owners of units at risk of converting to market-rate housing within one year of affordability expiration to discuss the City’s desire to preserve complexes as affordable housing.
- Coordinate with owners of expiring subsidies to ensure the required notices to tenants are sent out at 3 years, 12 months, and 6 months.
- Reach out to agencies interested in purchasing and/or managing at-risk units. - Work with tenants to provide education regarding tenant rights and conversion procedures pursuant to California law.

Annually monitor units at risk of converting;
coordinate noticing as required per California
law
25 Program 11: Encourage and
Facilitate Accessory Dwelling
Units
An accessory dwelling unit (ADU), sometimes called a “granny flat,” is an additional selfcontained living unit either attached to or detached from the primary residential unit on a single lot. It has cooking, eating, sleeping, and full sanitation facilities. ADUs can be an important source of affordable housing given that they typically are smaller and have no associated land costs. The City will encourage the construction of ADUs, through the following actions, which are aimed at providing an increased supply of affordable units throughout the city, thereby increasing access to resources and facilitating housing mobility opportunities for lower-income households:
-Complete Zoning Code amendment to update ADU ordinance to clarify number of ADUs permitted on single-family and multi-family lots (Program 13) - Continue to implement the public education program advertising the opportunity for ADUs by updating informational handouts and brochures about ADUs that are available on the City’s website and at the public counter annually, or as needed to reflect changes in State law.
- Provide informational materials on ADU opportunities to all discretionary land use applicants.
- At least annually, publish informational materials pertaining to ADUs through a combination of media, including the City’s social media and direct mailing. - By December 2024, identify incentives for construction of ADUs with new development, which may include differing collection times for impact fees for the square footage associated with the ADU.

Update ADU materials annually, or as needed
to reflect changes in State law, and identify
incentives for construction by December
2024.

Program 12: Replacement
Units
To reduce displacement risk and in accordance with California Government Code Section 65583.2(g), the City will require replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on sites identified in the sites inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years.

Ongoing, the replacement requirement will
be implemented immediately and applied as
applications on identified sites are received
and processed.
26 Program 13: Zoning Code
Amendments
The City will amend the Municipal Code to address the following development standards and barriers to specialneeds housing opportunities:
- Density Bonus: Adopt a Density Bonus provision in 2023 to comply with California’s density bonus law (California Government Code Section 65915, as revised) and promote the use of density bonuses for lower-income units by providing information through a brochure in City buildings and on the City’s website.
- Development Standards: Establish minimum setbacks for zoning districts that allow multifamily housing (i.e., R-3, R-4). - Processing Procedures: Allow multifamily as a permitted use in the R-2 and R-4 zone subject to site plan review and approval.
- Accessory Dwelling Units: Amend the Zoning Code to be consistent with the latest State legislation related to ADUs, ensuring that up to three ADUs may be permitted on a singlefamily lot (i.e., attached ADU, detached ADU, and JADU) and clarifying the number of ADUs permitted on multi-family lots,
in accordance with California Government Code Section 65852.2. - Emergency Shelters: Allow emergency shelters in a zoning district that allows residential uses by right consistent with Government Code Section 65583. Develop managerial standards for emergency shelters and allow sufficient parking to accommodate all staff working in the emergency shelter,
provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone, in compliance with Government Code Section 65583(a)(4)(A)(ii)).
- Low-Barrier Navigation Centers: Permit low-barrier navigation centers, defined as lowbarrier, temporary service-enriched shelters to help homeless individuals and families to quickly obtain permanent housing, by-right in zones where mixed uses are allowed or in nonresidential zones that permit multifamily housing (Government Code Section 65662; AB 101).
- Group Homes: Allow group homes of six or fewer and more than six persons in all residential zones similar to other residential uses and revise procedures to promote objectivity and approval certainty.
- Single-Room Occupancy Units: Define single-room occupancy units in compliance with Complete Zoning Ordinance amendments and
Building Code adoption by December 2024.

Annually review the effectiveness and
appropriateness of the Zoning Ordinance and
process any necessary amendments to
remove or mitigate potential constraints to
the development of housing. Complete
General Plan update by December 2025.

The City is working to amend the Municipal Code to amend development standards, including establishing minimum setbacks for zoning districts that allow multi-family housing (i.e., R-3, R-4); revise zero lot line standards in the R-2 zone to facilitate a greater variety of housing types (e.g., duplexes, fourplexes, and townhomes with shared roof lines) and rezone approximately 5 acres to R-2 zoning; and reduce the minimum lot size in the R-1 zone to 5,000 square feet, not to exceed an overall density of 8 units per acre. The City anticipated City Council approval in May 2025.
27 Program 14: Reasonable
Accommodations and
Universal Design
The City will develop and formalize a general process that a person with physical and developmental disabilities can use to make a reasonable accommodation request to accommodate the needs of persons with disabilities and streamline the permit review process. The City will provide information to individuals with disabilities regarding reasonable accommodation policies, practices, and procedures based on the guidelines from HCD. This information will be available through postings and pamphlets at the public counter and on the City’s website. The City will also implement State requirements (Sections 4450 to 4460 of the California Government Code and Title 24 of the California Code of Regulations) to include accessibility in housing and public facilities for persons with disabilities:
- Encourage housing developers to include mobility-impaired accessibility in their project designs and prioritize these types of projects to increase housing mobility opportunities for seniors and persons with disabilities.
- Review regulations and procedures for City-funded or operated housing programs to ensure that they do not exclude participation by persons with disabilities. - Include accessibility considerations in the preparation of the City’s capital improvement plan and the allocation of funding for capital improvements in support of housing and residential neighborhoods for persons with physical or developmental disabilities.

Develop and adopt a reasonable
accommodations ordinance by December
2024; create brochures on universal design
and the reasonable accommodations
ordinance by July 2025 and update
biannually, or as needed.

Program 15: Objective Design
and Development Standards
The City will develop objective design and development standards to provide clear and objective standards related to single-family, multifamily, and mixed-use residential developments.

Adopt objective design standards by
December 2025 and implement thereafter.

Program 16: Transparency for
Residnetial Development
Regulations and Costs
In accordance with California Government Code Section 65940.1, the City will comply with requirements to provide transparency for residential development regulations and costs by making sure information is available on the City’s website. This includes posting the City’s current schedule of fees, exactions, and affordability requirements, and continuing to provide zoning ordinances online.

Post City’s current fee schedule online by end
of 2024. Update zoning ordinances online as
changes are made.

Program 17: Fresno County
Housing Assistance
Rehabilitation Program (HARP)
The City will:
- Promote available housing rehabilitation resources on the City’s website, social media account, and at public counters.
- Conduct targeted outreach to inform property owners of rehabilitation assistance in neighborhoods with older housing units, such as the area bounded by Pine Street, 9th Street, and Railroad Street
- Refer interested households to County program.
- Target promotion in areas of need to assist in reducing displacement risk for residents by improving living conditions and enabling them to stay in their home and community Update materials every other year, or as new
information is provided by the County, and
send out targeted promotion annually.

Program 18: Fresno County
Rental Rehabilitation Program
(RRP)
The City will:
- Promote available housing rehabilitation resources on the City’s website, social media account, and at public counters.
- Refer interested property owners to County program.
- Target promotion in areas of concentrated renter households or older housing stock to assist in reducing displacement risk for residents by improving living conditions and enabling them to stay in their home and community.

Update materials every other year, or as new
information is provided by the County, and
send out targeted promotions annually.
28 Program 19: Code Enforcement
The City will continue to use code enforcement and substandard abatement processes to bring substandard housing units and residential properties into compliance with City codes.

Code Enforcement staff will also refer income-eligible households to County housing rehabilitation programs for assistance in making the code corrections. Targeted efforts to improve housing conditions in areas of need will facilitate place-based revitalization and assist in reducing displacement risk for residents by improving living conditions and enabling them to remain in their home and community.

Make informational materials on
rehabilitation assistance programs available
by January 2024, to be provided on an
ongoing basis when violations are confirmed,
conduct code enforcement as complaints are
received.

Program 20: Fresno County
Homebuyer Assistance
Program (HAP)
The City will:
-Promote available homebuyer resources on the City’s website and at public counters. -Refer interested households to the County program with the goal of assisting four households.
-Promote the availability of this program, particularly in areas with concentrations of renters, particularly lower-income renters, by providing multilingual informational materials at public buildings and community locations and will post the program on the City’s website.

Ensure informational materials on all
homebuyer resources are on the City’s
website and available at public counters by
June 2024. Update materials annually, or as
new information is provided by the County,
and send out targeted promotion at least
every other year
Program 21: Housing Choice
Vouchers
The City shall:  Provide a link to the Fresno Housing Authority’s HCV program webpage on the City’s website by February 2024.  Meet with the Fresno Housing Authority by June 2024 to discuss the process of developing printed informational materials, with the goal of making materials available at public counters by June 2025.  Work with the Housing Authority to disseminate information to landlords and property owners on incentives for participating in the HCV program throughout the city to promote housing opportunities for all residents.  Refer interested households to the Fresno Housing Authority and encourage landlords to register their properties with the Housing Authority for accepting HCVs.

Provide information on the City’s website by
February 2024. Meet with the Housing
Authority by June 2024 and develop
informational materials by June 2025. Target
outreach to property owners and landlords at
least annually.

Program 22: Housing
Discrimination Monitoring and
Referral
The City will coordinate with the Housing Authority, Fresno Council of Governments (FCOG), and other Fresno County jurisdictions to develop Spanish-language printed materials to improve accessibility to fair housing resources for residents. If additional languages become more prevalent in the county, materials will be translated into those languages as needed.

The City shall:
- Establish a procedure to refer residents with fair housing questions or issues to the Fair Housing Council of Central Valley (FHC-CC), California Rural Legal Aid (CLRA), and other fair housing organizations.
- Provide fair housing information on the City’s website and in printed materials available in public buildings in both English and Spanish.
- Coordinate with local fair housing service providers to conduct biannual trainings for landlords and tenants on fair housing laws, rights, and responsibilities and ongoing access to legal counseling.

As part of the Countywide Housing Element
Technical Committee (Program 1), meet
annually with FC-CC to discuss fair housing
issues and opportunities for education. Assist
the Housing Authority to translate fair
housing materials and resources into Spanish
by December 2024. Make fair housing
information available on the City’s website
and in public buildings by June 2025.

Coordinate with fair housing providers to
conduct biannual trainings for landlords and
property owners.
29 Program 23: Improve Access to
Resources
The City shall take the following actions to improve access to resources and opportunities citywide, but with a particular emphasis on neighborhoods with a concentration of lowerincome residents who often face additional barriers in accessing resources:
-Work with Fresno County Rural Transit Agency (FCRTA) and other jurisdictions in the county to develop a fact sheet, or similar informational materials, of FCTA programs to be posted on the City’s website, social media, and in public buildings by January 2026, and advertised annually in the City’s newsletter to help connect seniors and other residents to services in the city and throughout the county.
- Pursue grant funding for public infrastructure improvements, including expanding broadband internet access.
- Prioritize projects that facilitate place-based revitalization through the City’s Capital Improvement Plan, such as projects that improve public infrastructure in deteriorating or underserved areas.
- Ensure program availability and funding announcements are made available in Spanish and translation is available at public meetings.
- Facilitate place-based revitalization and promote healthy environments for new housing by evaluating transitional buffers between residential and agricultural uses and highways and working with developers as projects are proposed to mitigate impacts associated with emissions from agricultural
industries and traffic and facilitate access to healthy outdoor spaces. - Meet with school district representatives by June 2025 to assist in securing grant funding for teacher recruitment and retention bonuses, classroom materials, and other incentives for teachers to facilitate positive learning environments citywide.

FCRTA programs to be posted on the City’s
website, social media, and in public buildings
by January 2026, review funding
opportunities annually, meet with school
representatives by June 2025
30 Jurisdiction San Joaquin ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Planning 6th Cycle 12/31/2023 - 12/31/2031 Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
31 Jurisdiction San Joaquin ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024
(
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 12/31/2023 - 12/31/2031
The description should adequately document
how each unit complies with subsection (c) of
Government Code Section 65583.1+.

For detailed reporting requirements, see the
chcklist here:

Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
32 Jurisdiction San Joaquin
Reporting
Period 2024 (Jan. 1 - Dec. 31)
Planning
Period 6th Cycle 12/31/2023 - 12/31/2031
Prior APN+ Current APN Street Address Project Name+
Summary Row: Start Data Entry Below
For up to 25 percent of a jurisdiction’s moderate-income regional housing need a Project Identifier
1 33

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
2 3
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome
Non Deed
Restricted
0 0
Above Moderate Income Units Converted to M
allocation, the planning agency may include the number of units in an ex for the unit. Before adding information to this table, please ensure ho Unit Types
34 Note: "+" indicates an
optional field
Cells in grey contain auto-calculation formulas
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
0 0 0 0 0
Table F2
oderate Income Pursuant to Government Code section 65400.2 xisting multifamily building that were converted to deed-restricted rental housing for moderate-in ousing developments meet the requirements described in Government Code 65400.2(b). 4 Affordability by Household Incomes After Conversion
35 Notes
6 Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
0 ncome households by the imposition of affordability covenants and restrictions 5 Units credited toward Moderate
Income RHNA
36 Jurisdiction San Joaquin
Reporting
Period 2024
(Jan. 1 - Dec.
31)
Period 6th Cycle 12/31/2023 - 12/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
37 Jurisdiction San Joaquin
Reporting
Period 2024
(Jan. 1 - Dec.
31)
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
NOTE: This ta
ALL surplus/e
jurisdiction ow
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROG
Housing Element Imp
Table H
Locally Owned Sur
For Fresno County jurisdictions, please format t
38 Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Designation Size Notes
5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
able must contain an invenory of
excess lands the reporting
wns

GRESS REPORT
plementation
rplus Sites
the APN's as follows:999-999-99XX
39 Jurisdiction San Joaquin ANNUAL ELEMENT PROGRESS REPORT Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 12/31/2023 - 12/31/2031
Project Type Date
2 3
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Note:

Cells in gre
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Se Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
40 E
(Jan. 1 - Dec. 31)
Total award
$ Cumulative Reimbursement Requested
cates of occupancy (auto-populated from Table A2)
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
tlement Issued by Affordability Summary
come Level
rmits Issued by Affordability Summary
come Level

ANNUAL ELEMENT PROG
Local Early Action Planning
(CCR Title 25 §6
n the entity’s application for funding and the corresponding impact on housing within the region -
41 Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
cupancy Issued by Affordability Summary
come Level
42 STAFF REPORT TO COUNCIL
March 26, 2025
TO: Mayor and Council
FROM: Stan Bulla, Public Works Director
SUBJECT: Consideration of Resolution No. 2025-16, for the purchase of a sewer lift station Monitoring system from Bogie’s Pump for $14,751.19.

Recommendation:

Council approval of Resolution No. 2025-16, for the purchase of a Sewer Monitoring System from Bogie’s Pump for $14,751.19.

Executive Summary:

The City currently does not have a monitoring system at our sewer lift stations throughout the City.

This has caused problems with sewer backups when the pumps fail over a weekend or during hours when City personnel are not normally on staff. It has been deemed to be more cost effective and proactive to get a system that can let staff know earlier that there is an issue at one of the stations.

Having a proper running Sewer lift station is key to keeping the city in compliance with all state and federal regulations. It also allows staff to react earlier to help prevent residents from being inconvenienced with sewage backups.

I have compiled specifications and solicited quotes from various sewer monitoring companies, with the lowest being Bogie’s Pump for $14,751.19.
43 RESOLUTION NO. 2025-16

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN JOAQUIN APPROVING THE PURCHASE OF A MONITORING SYSTEM FOR THE SEWER LIFT STATIONS FROM BOGIE’S PUMP SYSTEMS FOR $14,751.19
WHEREAS, the City Council of the City of San Joaquin has the authority to authorize expenditures to ensure the adequate equipment deemed necessary; and WHEREAS, ensuring the proper running condition of all the sewer lift stations is a top priority and to help the city stay in compliance with all state and federal regulations the purchase of a monitoring system for said stations will benefit all city residents.

WHEREAS, City staff prepared specifications for the needed monitoring system, and solicited quotes for the service consistent with the City of San Joaquin Procurement Policy; and WHEREAS, staff received at least three quotes, with the lowest qualified quote in the amount of $14,751.19 being provided by Bogie’s Pump System out of Fresno, CA; and NOW THEREFORE, the City Council of the City of San Joaquin resolves as follows:

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

2. The City Council approves the purchase of the Monitoring system from Bogie’s pump.

3. The City Council authorizes the City Manager or designee to proceed and execute all documents necessary from commencement to finalization of said purchase.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 1st of April, 2025 and passed at said meeting with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Matt Flood, City Clerk
44 STAFF REPORT TO COUNCIL
March 25, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Council authorization to Award a contract to Gouveia Engineering, Inc. and Authorizing the City Manager to Execute the Agreement for On-Call Engineering Services for Federally Funded Transportation Projects for the City of San Joaquin Recommendation: Adopt Resolution No. 2025-17, awarding a contract to Gouveia Engineering, Inc. and authorizing the City Manager to execute the agreement for On-call Engineering Services for Federally Funded Transportation Projects for the City of San Joaquin.

Executive Summary
The City of San Joaquin is responsible for constructing transportation projects that receive Federal funding from the Federal Highways Administration (FHWA) and are administered through the California Department of Transportation (Caltrans). These funds are provided subject to Federal regulations and in order to comply, certain services including Engineering are contracted out to qualified firms due to the City’s limited staff and expertise.

FHWA allows for these type of Engineering services to be offered on an on-call basis for a maximum term of five (5) years. However, local agencies must go through an extensive Caltrans’ review process to select a firm and award an on-call contract for Architectural and Engineering (A&E) services. The City must conduct a procurement process for A&E services in strict accordance with the Federal regulations. Firms must be both qualified and certified to participate on FHWA contracts.

The City is in need of a qualified Consultant to continue these FHWA services for ongoing and future transportation projects that are funded strictly with Federal grants.

Following the required A&E procurement process, City staff prepared and issued a request for qualifications for consultants to provide on-call FHWA Engineering Services for a 5 year term.

One (1) statement of qualifications was received from the following firms:

1. Gouveia Engineering, Inc.

City staff reviewed the proposal and selected Gouveia Engineering as the qualified firm to provide these on-call services for the City of San Joaquin. Subsequently, City staff consulted with Caltrans for approval of Gouveia’s contract.

Having followed the A&E procurement process and having received the required Caltrans approvals, City staff recommends the City Council to award an on-call contract to Gouveia Engineering as shown on the attached consultant contract. 45

RESOLUTION NO. 2025-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN AWARDING A CONTRACT TO GOUVEIA ENGINEERING, INC. AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT FOR ON-CALL ENGINEERING

SERVICES FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS FOR THE CITY OF

SAN JOAQUIN
WHEREAS, the City of San Joaquin is responsible for constructing transportation projects that receive Federal funding; and
WHEREAS, these Federal funds are provided by the Federal Highways Administration (FHWA) and are administered by the California Department of Transportation (Caltrans); and WHEREAS, the Federal funds are subject to Federal regulations and in order to comply, certain services including Engineering are contracted out to qualified firms due to the City’s limited staff and expertise; and WHEREAS, FHWA allows for these type of Engineering services to be offered on an on-call basis for a maximum term of five (5) years; and
WHEREAS, local agencies must go through an extensive Caltrans’ review process for selecting a firm and awarding an on-call contract for Architectural and Engineering (A&E) services; and WHEREAS, the City must conduct a procurement process for A&E services in strict accordance with the Federal regulations; and
WHEREAS, firms must be qualified and certified to participate on FHWA contracts; and WHEREAS, the City is in need of a qualified Consultant to continue these FHWA services for ongoing and future transportation projects funded strictly with Federal grants; and WHEREAS, the City prepared and issued a request for qualifications for consultants to provide on-call FHWA Engineering Services for 5 years total; and
WHEREAS, the City received one (1) statement of qualifications from the following firms:

1. Gouveia Engineering, Inc.

WHEREAS, City staff reviewed the proposal and selected Gouveia Engineering as the qualified firm to provide these on-call services for the City of San Joaquin and subsequently consulted with Caltrans for approval of this consultant contract; and
WHEREAS, City staff has followed the A&E procurement process and has received the required Caltrans approvals for awarding a contract to Gouveia Engineering; and WHEREAS, the City Council desires to enter into a contract with Gouveia Engineering and delegates the City Manager to execute the contract effective April 1, 2025.

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

Section 1. The above recitals are true and correct findings of the San Joaquin City Council. 46

Section 2. Approves a contract with Gouveia Engineering Inc. to provide on-call engineering services for federally funded transportation projects for the City of San Joaquin per the consultant contract effective April 1, 2025, and for a maximum term of 5 years.

Section 3. Authorizes the City Manager to execute the contract effective April 1, 2025, with Gouveia Engineering, Inc.

Section 4. This resolution shall be effective on April 1, 2025.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 1st day of April, 2025 and passed at said meeting by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adam Flores-Cornejo, Mayor
ATTEST:
__________________________________________
Matthew Flood, City Clerk
47 FHWA-2025-01

CONSULTANT SERVICES CONTRACT
(For Local Assistance Federal-Aid Projects)

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

GOUVEIA ENGINEERING, INC.

Incorporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be

MARIO GOUVEIA, PE
The name of the “LOCAL AGENCY” is as follows:

CITY OF SAN JOAQUIN
The Contract Administrator for LOCAL AGENCY will be

ELIZABETH CABRERA, CITY MANAGER
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated January 17, 2025. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment 1) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.

CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not 48 FHFH

assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.

These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Consultant services shall be those as required and listed on the City of San Joaquin Request for Qualifications and the Gouveia Engineering Statement of Qualifications for On-Call Engineering Services for Federally Funded Transportation Projects, all incorporated hereto by reference.

B. Right of Way – Not Used
C. Surveys – Not Used
D. Subsurface Investigations – Not Used
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings – Not Used
H. CONSULTANT Services During Construction – Not Used
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.
49 FHFH

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on April 1, 2025, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (April 1, 2030, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations.

CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. 50 FHFH

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order.

Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF SAN JOAQUIN 21900 W. COLORADO AVE, SAN JOAQUIN, CA 93660 L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT not to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ 998,000.00. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT.

Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, 51 -
FHFH

investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or 52 FHFH

review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report.

Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the 53 FHFH

LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of 54 FHFH

the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance).

These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and 55 FHFH

§1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.

Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant 56 FHFH

in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices
57 FHFH

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form 58 FHFH

to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’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 unlawfully discriminate, harass, or allow harassment 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. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
59 FHFH

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs.

CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 60 FHFH

26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federallyfunded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 4%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. Contract Assurance Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible D. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent.

CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing 61 -
FHFH

to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to 62 FHFH

st
perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

E. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1 -tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of 63 FHFH

Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

F. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
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• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work.

LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review.

The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

K. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

L. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
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ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to the LOCAL AGENCY.

B. GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 0I, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

C. AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 0I covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non­ owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

D. PROFESSIONAL LIABILITY INSURANCE (errors & omissions). Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

E. WORKERS' COMPENSATION INSURANCE. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

F. CONSULTANT shall provide certificates of insurance to the LOCAL AGENCY as evidence of the insurance coverage required herein. Current certification of insurance shall be kept on file with the LOCAL AGENCY at all times during the term of this AGREEMENT.

G. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

H. CONSULTANT agrees that insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
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B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Finance Director, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary 67 FHFH

safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
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A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD

CERTIFICATION
In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
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B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, 70 FHFH

unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above- mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal 71 FHFH

representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
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Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be affected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

GOUVEIA ENGINEERING INC.

MARIO B. GOUVEIA , Project Manager
456 SIXTH STREET
GUSTINE, CA 95322
73 FHFH

LOCAL AGENCY:

CITY OF SAN JOAQUIN
ELIZABETH CABRERA , Contract Administrator
21900 W. COLORADO AVE.

SAN JOAQUIN, CA 93660

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
CITY OF SAN JOAQUIN GOUVEIA ENGINEERING, INC.

ELIZABETH CABRERA, CITY MANAGER

MARIO B. GOUVEIA, PRESIDENT
Date: _______________ Date: __________________
74 FHFH

ATTACHMENT 1

COST PROPOSAL
75 76
!Note: Mark-u~ are Not Allowed
Consultant Gouveia Engineering Inc.

COST PROPOSAL 2

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
IX! Prime Consultant D Subconsultant

COST PROPOSAL
D 2nd Tier Subconsultant
Project No. __________ _ Contract No.
_______ _ Participation Amount $""' 99"---8= 0-=- 00=•c.:cO-=- O ___ _ Date 01/17/2025 For Combined Rate
Fringe Benefit 12.59% + General &Administrative 122.17% = 134.76% Combined OR
For Home Office Rate
Fringe Benefit % + General &Administrative% = Home Office !CR% For Field Office Rate
Fringe Benefit% + General &Administrative% = Field Office !CR% Fee 15%

BILLING ------- - INF
-
- ORMATION - - -- - - - - CALCULATION - - - - - - TNFORMA TION Name/Job Title/Classification 1 Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. Hourly Hourly Range - Straight3 OT(l .5x) OT(2x) From To Hourly Rate4 Rate% or for Classifications Only $ Increase
Mario Gouveia - President/Principal $218.06 $327.09 $436.12 01/01 /2025 12/3 1/2025 $80.77 Engineer* $228.96 $343.44 $457.92 01/01 /2026 12/3 1/2026 $84.81 5.0% $240.41 $360.61 $480.82 01 /01 /2027 12/31/2027 $89.05 5.0% Not Applicable $252.43 $378.64 $504.86 01/01 /2028 12/31/2028 $93.50 5.0% $265.05 $397.58 $530.10 01/01 /2029 12/31/2029 $98. 18 5.0% Noe Martinez - Principal Engineer $2 11.55 $3 17.33 $423.10 01 /01 /2025 12/31/2025 $78.36 $222. 13 $333. 19 $444.26 01/01 /2026 12/31/2026 $82.28 5.0% $233.24 $349.85 $466.47 01 /01 /2027 12/31/2027 $86.39 5.0% Not Applicable $244.90 $367.35 $489.79 01 /01 /2028 l 2/3 I /2028 $90.71 5.0% $257. 14 $385.71 $5 14.28 01/01 /2029 12/31/2029 $95.25 5.0% Nicholas Fontaine - Senior Engineer $166.76 $250. 14 $333.53 01/01 /2025 12/3 1/2025 $61.77 $175.10 $262.65 $350.20 01 /01/2026 12/31 /2026 $64.86 5.0% $183.86 $275.78 $367.71 01/01 /2027 12/3 1/2027 $68.10 5.0% Not Applicable $193.05 $289.57 $386.10 01/01 /2028 12/3 1/2028 $71.51 5.0% $202.70 $304.05 $405.40 01/01 /2029 12/3 1/2029 $75.08 5.0% Noel Bucu - Senior Engineer $134.99 $202.48 $269.97 01/01 /2025 12/31 /2025 $50.00 $141.74 $212.60 $283.47 01/01 /2026 12/31/2026 $52.50 5.0%

77 COST PROPOSAL
$148.82 $223.23 $297.65 01/01/2027 12/31/2027 $55.13 5.0% $156.26 $234.40 $312.53 01/01/2028 12/31/2028 $57.88 5.0% Not Applicable $164.08 $246.12 $328.16 01/01/2029 12/31/2029 $60.78 5.0% Roberto Orozco - Associate Engioeer $128.24 $192.36 $256.48 01/01/2025 12/31/2025 $47.50 $134.65 $201.97 $269.30 01/01/2026 12/31/2026 $49.88 5.0% $141.38 $212.07 $282.76 01/01/2027 12/31/2027 $52.37 5.0% Not Applicable $148.45 $222.68 $296.90 01/01/2028 12/31/2028 $54.99 5.0% $155.87 $233.81 $311.75 01/01/2029 12/31/2029 $57.74 5.0% Danny Reed Jr. - Project Manager $177.80 $266.71 $355.61 01/01/2025 12/31/2025 $65.86 $186.70 $280.04 $373.39 01/01/2026 12/31/2026 $69.15 5.0% $196.03 $294.04 $392.06 01/01/2027 12/31/2027 $72.61 5.0% Not Applicable $205.83 $308.75 $411.66 01/01/2028 12/31/2028 $76.24 5.0% $216.12 $324.18 $432.25 01/01/2029 12/31/2029 $80.05 5.0% Lioda Gouveia- Vice-President/ $190.79 $286.19 $381.58 01/01/2025 12/31/2025 $70.67 Engioeering Asst II $200.33 $300.50 $400.66 01/01/2026 12/31/2026 $74.20 5.0% $210.35 $315.52 $420.69 01/01/2027 12/31/2027 $77.91 5.0% Not Applicable $220.86 $331.30 $441.73 01/01/2028 12/31/2028 $81.81 5.0% $231.91 $347.86 $463.81 01/01/2029 12/31/2029 $85.90 5.0% Emily Takasaki - Engioeeriog $80.99 $121.49 $161.98 01/01/2025 12/31/2025 $30.00 Technician I $85.04 $127.56 $170.08 01/01/2026 12/31/2026 $31.50 5.0% $89.29 $133.94 $178.59 01/01/2027 12/31/2027 $33.08 5.0% Not Applicable $93.76 $140.64 $187.52 01/01/2028 12/31/2028 $34.73 5.0% $98.45 $147.67 $196.89 01/01/2029 12/31/2029 $36.47 5.0% Laura Ramirez - Engioeering $89.09 $133.64 $178.18 01/01/2025 12/31/2025 $33.00 Technician I $93.55 $140.32 $187.09 01/01/2026 12/31/2026 $34.65 5.0% $98.22 $147.33 $196.45 01/01/2027 12/31/2027 $36.38 5.0% Not Applicable $103.13 $154.70 $206.27 01/01/2028 12/31/2028 $38.20 5.0% $108.29 $162.44 $216.58 01/01/2029 12/31/2029 $40.11 5.0% Jesse Vargas -Engineering $75.59 $113.39 $151.19 01/01/2025 12/31/2025 $28.00 Technician I $79.37 $119.06 $158.74 01/01/2026 12/31/2026 $29.40 5.0% $83.34 $125.01 $166.68 01/01/2027 12/31/2027 $30.87 5.0% Not Applicable $87.51 $131.26 $175.02 01/01/2028 12/31/2028 $32.41 5.0% $91.88 $137.83 $183.77 01/01/2029 12/31/2029 $34.03 5.0% Mark Arrieta - Engineering $118.79 $178.18 $237.58 01/01/2025 12/31/2025 $44.00 Technician II $124.73 $187.09 $249.46 01/01/2026 12/31/2026 $46.20 5.0% $130.96 $196.45 $261.93 01/01/2027 12/31/2027 $48.51 5.0% Not Applicable $137.51 $206.27 $275.03 01/01/2028 12/31/2028 $50.94 5.0% $144.39 $216.58 $288.78 01/01/2029 12/31/2029 $53.48 5.0% Rey Porras - Engineering Technician $118.79 $178.18 $237.58 01/01/2025 12/31/2025 $44.00 II $124.73 $187.09 $249.46 01/01/2026 12/31/2026 $46.20 5.0% $130.96 $196.45 $261.93 01/01/2027 12/31/2027 $48.51 5.0% Not Applicable $137.51 $206.27 $275.03 01/01/2028 12/31/2028 $50.94 5.0% $144.39 $216.58 $288.78 01/01/2029 12/31/2029 $53.48 5.0%

78 COST PROPOSAL
Richard Maxwell - Engineering $107.99 $161.98 $215.98 01/01/2025 12/31/2025 $40.00 Technician I $113.39 $170.08 $226.78 01/01/2026 12/31/2026 $42.00 5.0% $119.06 $178.59 $238.12 01/01/2027 12/31/2027 $44.10 5.0% Not Applicable $125.01 $187.52 $250.02 01/01/2028 12/31/2028 $46.31 5.0% $131.26 $196.89 $262.52 01/01/2029 12/31/2029 $48.62 5.0% Bobby Martinez - Engineering $122.84 $184.26 $245.68 01/01/2025 12/31/2025 $45.50 Technician II $128.98 $193.47 $257.96 01/01/2026 12/31/2026 $47.78 5.0% $135.43 $203.14 $270.86 01/01/2027 12/31/2027 $50.16 5.0% Not Applicable $142.20 $213.30 $284.40 01/01/2028 12/31/2028 $52.67 5.0% $149.31 $223.97 $298.62 01/01/2029 12/31/2029 $55.31 5.0% Tina Whitsitt - Engineering $89.09 $133.64 $178.18 01/01/2025 12/31/2025 $33.00 Assistant II $93.55 $140.32 $187.09 01/01/2026 12/31/2026 $34.65 5.0% $98.22 $147.33 $196.45 01/01/2027 12/31/2027 $36.38 5.0% Not Applicable $103.13 $154.70 $206.27 01/01/2028 12/31/2028 $38.20 5.0% $108.29 $162.44 $216.58 01/01/2029 12/31/2029 $40.11 5.0% Deena Menezes - Clerical $106.64 $159.96 $213.28 01/01/2025 12/31/2025 $39.50 $111.97 $167.96 $223.94 01/01/2026 12/31/2026 $41.48 5.0% $117.57 $176.36 $235.14 01/01/2027 12/31/2027 $43.55 5.0% Not Applicable $123.45 $185.17 $246.90 01/01/2028 12/31/2028 $45.73 5.0% $129.62 $194.43 $259.24 01/01/2029 12/31/2029 $48.01 5.0% NOTES:

1. Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate= actual hourly rate* (I+ !CR)* (l+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

79 COST PROPOSAL
COST PROPOSAL 2

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERJNG AND INSPECTION CONTRACTS)
Consultant Gouveia Engineering Inc. ISi Prime Consultant D Subconsultant Project No. _________ _ Contract No.
---------
Date O 1/1712025
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessarv) Descriotion of Item Ouantity Unit Unit Cost Total
Mileage Costs NIA NIA NIA IRS Std Mileage Rate
Subconsultant 1: CVEAS $39,920
Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ Subconsultant 5: $ Note: Add additional pages if necessary. NOTES:

I.

2. 3.

4. 5.

6. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

Proposed ODC items should be consistently billed regardless of client and contract type.

Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.

Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

Page4 of 5
80 COST PROPOSAL
COST PROPOSAL 2
Certification of Direct Costs:

I, the undersigned, ce1tify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Pait 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Pait 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Title *: President/Principal Engineer
Date of Ce1tification (mm/dd/yyyy): 01 / 17/2025
Email: m go [email protected] Phone Number: (209) 854-3300 Address: 456 Sixth Street Gustine CA 95322
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

On-ca ll Engineering Services for Federally Funded Transportation Projects.

81 Local Assistance Procedures Manual
Cost Proposal for Caltrans with Prcvialing \Vages
COST PROPOSAL FOR CONTRACTS WITH PREVAILING WAGES ACTUAL COST PLUS FIXED FEE; LUMP SUM; SPECIFIC RATES OF COMPENSATION AND COST PER UNIT OF WORK CONTRACTS CONSULTANT_Central Valley Engineering & Surveying Inc._ PRIME SUB _X_ 2ND TIER SUB CONTRACT TYPE_Speclfic Rates of Compensation_ (UST ONE OF THE ABOVE U S TED CONTRACT TYPES) PROJ ECT NO. __ TBD ______ _ CONTRACT NO._City of San Joaquin DATE_ 11812025 Loaded Rate Calculation Home Office Personnel: Fringe Benefit % Overhead % General Administration % Combined % NORMAL 0,00% + 100.17% + 61.51% = 161.68% Non Exempt Employee Loaded Billing Rates OVERTIME 0.00% + 100.17% + 6 1.51% = 161.68% A) SlraiQhl Time= Aclual Hourly Rate• (1 + Field 0.H.) • (1 + Fee)+ Delta Base• (Applicable Multiplier Delta Base)+ Delta FrinQe • (Applicable Multiplier Delta FrinQe Field Office Personnel: Fringe Benefit % Overhead % General Administration % Combined % 81 1 5X 0'? ox nverl'-e = 1Actual Hourlv Rale1 • 11 + " 'e1d Au • 11 + Fe•1 + sx or 1.0X ,~r•ual Hourlv Rate\ + ne1ta Ba<e • '""li'"h'e Multiolier Della Base\+ Delta Frinoe • tAnnlicable Muflinlier ne1•a Frinne NORMAL 61.36% + 74.00% + 26.32% = 161.68% Exempt Employee Loaded Billing Rates OVERTIME 61.36% + 74.00% + 26.32% - 161.68% C\ Strainht Time or 1.5X or 2.0X Overtime= Actual Hourlv Rate· r1 + Field 0.H.l • r1 +Fee\+ Della Base• rAoolicable Multic lier Delta Base)+ Delta Frinae • /Aoolicable Mulliolier Delta Frinne Fee = 10.00% The PW differentials Delta Base and Delta Fringe shown in the formulas above for Loaded Billing Rates are applicable on!y when performing services covered under DIR determinations. I Aoclicable Multiolier Della Base /Field\ = 1.00 I Aoolicable Multinlier Frinne IFieldl - 0.00
Home Office Prevailing Wage Rate established by State DIR Employee Actual Rate Applicable ~~r-·•-- Applicable DELTA FRINGE= % Actual Hourly Personnel DELTA Base= Effective Date of (only applicable for prevailing wage work> Name/Classification (fringe benefits vary year over year> DELTA (TOTAL>= DEL TA TOTAL - DEL TA BASE Loaded Hourty Billing Rates Rate and/or Hourty Range for DIR Rate - Employee Base Hourly Rate Escalation Field Office Base Salary Fringe T olal Base Salary + Fringe Benefits Base Salary Estimate T olal = Base + Fringe Employee Total • DIR Total --· (Employee • DIRI Increase Average Class Personnel S...,ht 1.50T 2.00T Benefits Sb'aiahl 1.50T 2.00T Str"'"ht 1.SOT 2.00T Frinae Sb'aiaht 1.50T 2.00T str,,;,,ht 1.50T 2.00T Sb'aiahl 1.50T 2.00T Stra~hl 1,50T 2.00T Straiaht 0Tf1.5x\ OT/2x\ From To Hourly Rate Narinder s Sahota FIELD $62.51 S93.77 $125.02 S33.35 S95.86 $127.12 S158.37 $62.51 $93.77 $125.02 S33.35 $95.86 $127.12 $158.37 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 S0.00 $179.93 $211.19 S242.44 11112025 12/31/2025 $62 51 Certified Party Chief $65.64 S98.46 $131.28 S33.40 $99.04 $131.86 S164.68 $6564 $98.46 $131.28 S33.40 $99.04 $131.86 $164.68 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $188.94 S221.76 $254.58 11112026 12/31/2026 5.00% $ 65.64 S6892 S103.38 S137.84 $33.45 $102.37 $136.83 S171 .29 $6892 $103.38 $137.84 $33.45 $1 02.37 $136.83 $171.29 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $198.38 S232.84 $267.30 11112027 12/3112027 5.00% $ 68.92 NIA $72.37 $108.56 $144.74 $33.50 $105.87 S142.06 $178.24 $72 37 $108.56 $144.74 $33.50 $105.87 $142.06 $178.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $208.32 S244.50 $280.69 11112028 12/3112028 5.00% $ 72.37 Prevailing Wage Work S7599 $1 13.99 S151.98 $33.50 S109.49 $147.49 $185.48 S7599 $113.99 S151 .98 $33.50 $109.49 $147.49 $185.48 $0.00 S0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 S0.00 $218.74 $256.73 $294.73 11112029 12131/2029 5.00% $ 75.99 (non-Exempt> Narinder S Sahota OFFICE $42.00 $63.00 $84.00 $0.00 $42.00 $63.00 $84.00 $42.00 $63.00 $84.00 S0.00 S42.00 $84.00 $84.00 $120.90 $141 .90 $162.90 11112025 12131/2025 S42.00 $44.10 $66.15 $88.20 $0.00 $44.10 $66.15 $88.20 $44.10 $66.15 S88.20 S0.00 S44.10 $88.20 $88.20 NIA NIA NIA NIA NIA NIA NIA NIA NIA $126.94 $148.99 $171 .04 11112026 12131/2026 5.00% $ 44.10 $46.31 $69.47 $92.62 S0.00 S46.31 $69.47 $92.62 $46.31 $69.47 $92.62 S0.00 S46.31 $92.62 $92.62 $133.30 $156.46 $1 79.61 11112027 1213112027 5.00% $ 46.31 NIA S48-63 S72.95 S97.26 $0.00 S48.63 S72.95 S97.26 $48.63 S72.95 $97.26 S0.00 S48.63 $97.26 $97.26 S139.98 $164.30 $188.61 11112028 12/3112028 5.00% $ 48.63 Non-Prevailfng Wage Work $51.06 S76.59 $102.12 $0.00 $51.06 $76.59 S102.12 $51.00 $76.59 $102.12 (non-Exempt) S0.00 S51 .00 $102.12 $102.12 $146.98 $172.51 $198.04 11112029 12131/2029 5.00% $ 51.06 Armando Salmon
FIELD $58.49 $87.74 $116.98 S19.31 $77.80 $107.05 $136.29 S58.49 $87.74 $116.98 $19.31 S77.80 $107.05 $136.29 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $168.36 $197.61 S226.85 11112025 1213112025 $58.49 Party Chief $61.41 S92.12 $122.82 $33.40 $94.81 $125.52 $156.22 $61 41 $92.12 $122.82 $33.40 S94.81 S125.52 $156.22 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $176.77 $207.47 S238.18 11112026 12/31/2026 5.00% $ 61.41 $64.48 $96.72 $128.96 $33.45 S97.93 $130.17 $162.41 S64 48 $96.72 $128.96 S33.45 $97.93 $130.17 $162.41 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 S185.60 $217.84 $250.08 11112027 12/31/2027 5.00% $ 64.48 NIA S67 70 S101.55 $135.40 S33.50 S101.20 S135.05 $168 .90 S67 70 S101 .55 $135.40 S33.50 $101.20 $135.05 $168.90 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 S194.87 S228.72 S262.57 11112028 12131/2028 5.00% $ 67.70 Prevailing Wage Work S71 09 S106.64 $142. 18 S33.50 $104.59 $140.14 $175.68 $71 09 S100.64 $142.18 S33.50 $104.59 S140.14 S175.68 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 S0.00 $0.00 S204.63 $240.18 S275.72 11112029 12/3112029 5.00 Cl/o $ 71.09 (Exempt) Brenda Ramirez Office $30.00 $45.00 S60.00 S0.00 $30.00 $45.00 $60.00 $30.00 S45.00 $60.00 $0.00 $30.00 $45.00 $60.00 $86.35 $86.35 $86.35 11112025 12131/2025 $30.00 $31.50 $47.25 $63.00 $0.00 $31.50 $47.25 S63.00 $31.50 S43.00 $57.47 $0.00 $31 .50 $43.06 $57.47 NIA NIA NIA NIA NIA NIA NIA NIA NIA $90.67 $90.67 $90.67 11112026 12/31/2026 5.00% $ 31.50 $33.08 S49.62 $66.16 $0.00 $33.08 $49.62 $66.16 $33.08 $42.51 S60.28 $0.00 $33.08 $45.21 $60.28 $95.22 $95.22 $95.22 11112027 12/31/2027 5.00% $ 33.08 NIA S34.73 $52.10 $69.46 $0.00 $34.73 $52.10 $69.46 $34.73 $47.47 $63.30 $0.00 $34.73 $47.47 $63.30 $99.97 $99.97 $99.97 1/112028 12131/2028 5.00% $ 34.73 $36.47 $54.71 $72.94 $0.00 $36.47 $54.71 $72.94 $36.47 $47.47 $63.30 $0.00 $36.47 $47.47 $63.30 $104.98 $104.98 $104.98 1/112029 12/31/2029 5.00% s 36.47 (Exempt>
Joseph Estrada
FIELD S38.27 $57.41 $76.54 S19.31 $57.58 S76.72 S91.84 S38.27 $57.41 $76.54 S19 31 $57.58 $86.37 S115.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $110.16 $129.29 $148.43 11112025 12/31/2025 S38.27 2th Period Apprentice S4018 $60.27 $80.36 $19.31 $59.49 $38.62 S102.04 S40.18 $60.27 $80.36 S19 31 $59.49 $89.24 $118.98 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $115.66 $135.75 $155.84 11112026 1213112026 5,00% $ 40.18 $42 19 $63.29 S84.38 $19.31 $61.50 $38.62 $107.80 S42.19 $63.29 $84.38 S1931 $61 .50 $92.25 $123.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $121.44 $142.54 $163.63 11112027 1213112027 5.00% $ 42.19 NIA $44 30 $66.45 $88.60 $33.35 :;~~; $66.70 $116.98 S44 30 $66.45 S88.60 $33.35 $77.65 $116.48 $155.30 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $127.52 $149.67 S171.82 1/112028 12131/2028 5.00% $ 44.30 Prevailing Wage Work $46.52 $69.78 $93.04 $33.35 $66.70 $116.98 $46.52 $69.78 $93.04 $3335 $79.87 $119.81 $159.74 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $133.91 $157.17 S180.43 11112029 12131/2029 5.00% $ 46.52 (non-Exempt) Ankusi Jassi Office $29.00 $43.50 $58.00 $0.00 $29.00 $43.50 $58.00 $29.00 $43.50 $58.00 S0.00 $29.00 $43.50 $58.00 S83.48 S97.98 $112.48 11112025 12131/2025 $29.00 Office Assil $30.45 S45.68 $60.90 $0.00 $30.45 S45.68 $60.90 $30.45 $45.68 $60.90 $0.00 $30.45 $45.68 $60.90 NIA NIA NIA NIA N/A NIA NIA NIA NIA 587.65 $102.87 $118.10 11112026 12/31/2026 5.00% $ 30.45 $31.97 S47.96 $63.94 $0.00 $31.97 $47.96 $63.94 $31.97 $47.96 S63.94 $0.00 $31 .97 $47.96 $63.94 $92.03 S108.01 $124.00 11112027 12131/2027 5.00% $ 31.97 NIA S33.57 S50.36 $67.14 $0.00 $33.57 S50.36 $67.14 $33.57 S50.36 S67.14 S0.00 $33.57 $50.36 $67.14 $96.63 S113.42 $130.20 11112028 12131/2028 5.00% s 33.57 S35.25 S52.88 $70.50 $0.00 $35.25
(non-Exempt) S52.88 $70.50 $35.25 $52.88 S70.50 S0.00 $35.25 $52.88 $70.50 $101.47 S119.09 $136.72 11112029 12131/2029 5.00% $ 35.25 April Gonzles OFFICE $24.00 $36.00 $48.00 S0.00 $24.00 $36.00 $48.00 $24.00 $36.00 $48.00 $0.00 $24.00 $36.00 $48.00 S69.08 $81.08 $93.08 11112025 12/3112025 $24.00 $25.20 $37.80 $50.40 $0.00 $25.20 $37.80 $50.40 $25.20 $43.00 S57.47 $0.00 $25.20 $43.00 $57.47 NIA NIA NIA N/A NIA NIA NIA NIA NIA $72.54 $85.14 $97.74 11112026 12131/2026 5.00% $ 25.20 $26.46 $39.69 S52.92 $0.00 $26.46 $39.69 $52.92 $26.46 $42.51 $60.28 S0.00 $26.46 $45.21 $60.28 $76.16 $89.39 $102.62 11112027 12131/2027 5.00% $ 26.46 NIA $27.78 $41.67 $55.56 $0.00 S27.78 $41.67 $55.56 $27.78 $47.47 $63.30 $0.00 $27.78 $47.47 $63.30 $79.96 $93.85 $107.74 11112028 12/31/2028 5.00% $ 27.78 Non-Prevailing Wage Work $29.17 $43.76 S58.34 $0.00 $29.17 $43.76 S58.34 $29.17 $47.47 $63.30 (Cad operator) $0.00 $29.17 $47.47 $63.30 $83.97 $98.55 $113.14 11112029 12/3 112029 5.00% s 29.17 Manvlr Sahota OFFICE $30.00 $45.00 $60.00 S0.00 $30.00 $45.00 $60.00 $30.00 $45.00 $60.00 $0.00 $30.00 $45.00 $60.00 S86.35 $101 .35 S1 16.35 11112025 12131/2025 $ 30.00 $31.50 $47.25 $63.00 S0.00 $31.50 $47.25 $63.00 $31.50 $43.00 $57.47 $0.00 $31.50 $43.00 $57.47 NIA NIA NIA NIA NIA NIA NIA NIA NIA $90.67 $106.42 $122.17 11112026 12131/2026 5.00% s 31.50 S33.08 $4962 $66.16 $0.00 S33.08 S49.62 $66.16 $33.08 S42.51 $60.28 $0.00 $33.08 $45.21 $60.28 S95.22 $1 11 .76 $128.30 11112027 12131/2027 5.00% $ 33.08 NIA $34.73 552.10 $69.46 $0.00 S34.73 $52.10 $69.46 $34.73 $47.47 $63.30 $0.00 $34.73 $47.47 S63.30 S99.97 $117.33 $134.70 11112028 1213112028 5.00% $ 34.73 Non-Prevailing Wage Work S36.47 S54.71 $72.94 $0.00 S36.47 S54.71 $72.94 $36.47 S47.47 $63.30 $0.00 $36.47 $47.47 $63.30 S104.98 $123.21 $141.45 11112029 12/31/2029 5.00% $ 36.47 (billing>

1. Note employees/ciassifications that are subject to prevailing wage requirements with an asterisk (*). Prevailing Wage specified is based on current DIR determination. Any future DIR escalation of prevailing wage rate will be reflected in the loaded rates

2. "NC" denotes No Charge forwor1< more than B hours per day and for weekends and holidays for this contract only.

3. The billing rates shown in this cost proposal for field staff entitled for PW rates are calculated with estimated fringe benefits of the staff. The actual billing rates to be used in the invoices will be calculated by using the actual PW fringe benefits of the individual staff in accordance with the certified benefits statement submitted with each invoice

4. The employees' actual hourly rates shown in this cost proposal are the rates that were effective on xxixxixx. Caltrans Contract Manager's pre-approval is required for addition of staff not previously listed on the cost proposal. The billing rates for these employees. including those that fall under general classifications, will be calculated and reimbursed based on their actual hourly rates on ~xx/xx. Hourly rates for new employees hired after the date of this cost orooosal will not exceed tor shall be in line with\ the rates of similar oersonnel listed on this cost orooosal havina similar exoerience 5. Travel Time Charges:

For Managers: On weekdays up to a maximum of 8 hours will be charged for work time, travel time or any combination of travel and work time. Billing Rate;; Loaded Rate Formula "C" above.

For Exempt staff: During regular work day, actual travel time not to exceed 8 hours in any one day or one way travel will be billed as follow:

Billing rate for travel lime= Loaded Rate Formula "C" above.

All travel lime. oulside of lhe regular work day. will be billed withoul the application al overhead rate as follow: Billing Rate= (Actual Hourly Rate) (1+ Fee)+ (Delta Base+ Della Fringe) For Non.Exempt Employees: During regular work day, actual travel time not to exceed 8 hours in any one day or one way travel will be billed at full nonnal overhead rate (i.e. without the application of the 1.5X or 2.0X multiplier for overtime as follow:

January 2018

ATTACHMENT 2
EXHIBIT 10-O1
82 FHWA-2025-01
April 1, 2025
(559) 693-4311 Elizabeth Cabrera
April 1, 2025
City Manager
83 Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: City of San Joaquin 2. Contract DBE Goal: 4%

3. Project Description: On-Call Engineering Services for Federally Funded Transportation Projects

4. Project Location: City of San Joaquin

5. Consultant's Name: Gouveia Engineering, Inc. 6. Prime Certified DBE: □

7. Description of Work, Service, or Materials 8.DBE
Certification 9. DBE Contact Information 10. DBE% Supplied Number Central Valley Engineering & Surveying, Inc.
(CVEAS)
Land Surveying Services 39549 2511 Logan Street
Selma, CA 93662 4%
i>H!Oi" """"' Local Agency to Complete this Section

17. Local Agency Contract Number:

11. TOTAL CLAIMED DBE PARTICIPATION 4%

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. Consultant's Ranking after Evaluation:

IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardl~ of tier. Written confirmation of each listed DBE is this form is complete and accurate. require, . , ~ •
M--~--,,, -. .A 01/17/2025
21 . Local Agency Representative's Signature 22. Date 12/.rep~ ~ature 13. Date ario ouveia, PE (209) 854-3300

23. Local Agency Representative's Name 24. Phone 14. Preparer's Name 15. Phone President/Principal Engineer

25. Local Agency Representative's Title 16. Preparer's Title DISTRIBUTION: Original - Included with consultant's proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-641 0 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019

ATTACHMENT 3
EXHIBIT 10-O2
84 Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment

July 23, 2015
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: City of San Joaquin 2. Contract DBE Goal: 4%

3. Project Description: On-call Engineering Services for Federally Funded Transportation Projects

4. Project Location: City of San Joaquin

5. Consultant's Name: Gouveia Engineering, Inc. 6. Prime Certified DBE:  7. Total Contract Award Amount: $998,000.00

8. Total Dollar Amount for ALL Subconsultants: $39,920.00 9. Total Number of ALL Subconsultants: 1

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Land Surveying
39549
Central Valley Engineering & Surveying
2132 High Street, Selma, CA 93862
559-891-8811
39,920.00

Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION
$39,920.00 20. Local Agency Contract
Number:

FHWA-2025-01

21. Federal-Aid Project Number:
4% 22. Contract Execution
Date: April 1, 2025
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

April 1, 2025 April 1, 2025

23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Elizabeth Cabrera (559) 693-4311 Mario B. Gouveia (209) 854-3300

25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone City Manager President

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. 85 Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment

July 23, 2015
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.

SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
86 STAFF REPORT TO COUNCIL
March 27, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Council authorization to enter into a new agreement with Mid Valley Disposal, LLC
Recommendation: Adopt Resolution No. 2025-18 approving the Municipal Solid Waste Franchise Agreement with Mid Valley Disposal, LLC (Mid Valley) and authorize City Manager to execute the agreement.

Executive Summary
Mid Valley has been the City of San Joaquin’s dedicated disposal service provider since March 2008 with the most recent agreement being approved March 2015. Since then Mid Valley has taken on additional collection and reporting responsibilities to ensure the City stays in compliance with state law.

Mid Valley fees have not been adjusted since 2008 (17 years) even given the additional state legislation requirements.

Mid Valley has done an outstanding job over the years for the City. It is a locally owned company that is vested in the Southern San Joaquin Valley. The Agreement also provides for fees to be paid for commercial recycling services. Such fees have not previously been charged for such services.

Additionally, an increase in Franchise Fee to be paid to the City by Mid Valley was negotiated and will result in additional revenues for the City.

Following approval of the proposed Mid Valley agreement the City will begin work on a rate study which is required as part of the Proposition 218 process. New rates outlined in Exhibit D2 will not go into effect until October 1, 2025. It is anticipated that Proposition 218 process will be completed by then.
87 RESOLUTION NO. 2025-18

A RESOLUTION OF THE CITY OF SAN JOAQUIN APPROVING

A MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT

BETWEEN THE CITY OF SAN JOAQUIN AND MID VALLEY
DISPOSAL, LLC, EFFECTIVE APRIL 1, 2025

THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN DOES RESOLVE AS FOLLOWS:

WHEREAS, the City of San Joaquin ("City") is responsible for providing solid waste, recycling, and organic waste service to residential, commercial, and industrial customers within the City's service area; and
WHEREAS, Mid Valley Disposal, LLC (“Mid Valley”) has been the City’s contracted service provider since March 1, 2008; and
WHEREAS, Mid Valley has provided outstanding services to the City; and WHEREAS, Mid Valley has requested increases to its existing collection fees, and requested added new fees to increase services in compliance with the requirements of SB 1383 regarding reduction of greenhouse gases from organic materials; and WHEREAS, Mid Valley has further requested a new form of agreement containing updated terms and conditions, and combining the relevant terms and conditions of three amendments following the original assigned agreement; and WHEREAS, the City and Mid Valley have mutually agreed on terms, conditions and fees to be paid to Mid Valley under the new agreement.

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

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

2. The new agreement between the City and Mid Valley is attached as the “MUNICPAL

SOLID WASTE FRANCHISE AGREEMENT BETWEEN CITY OF SAN
JOAQUIN, CALIFORNIA AND MID VALLEY DISPOSAL, LLC” (“Agreement”).

3. The effective date of the Agreement shall be April 1, 2025.

4. The effective date of the new fees shown in Exhibit “D2” of the Agreement shall be October 1, 2025. Until then, the existing Mid Valley fees shall stay in place.

5. The Agreement shall have a term of 10 years and expire on June 30, 2035.

6. All resolutions in conflict with this resolution are repealed.

7. The City Manager is authorized to execute the Agreement and administer the Agreement.

8. This resolution is effective upon adoption.
88 The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 1st day of April 2025 and passed at said meeting the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Matthew Flood, City Clerk
89 MUNICIPAL SOLID

WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF SAN JOAQUIN, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
90 TABLE OF CONTENTS
SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES .........................................................................2 SECTION 2 - DEFINITIONS.......................................................................................................................................3 SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE RESIDENTIAL AND COMMERCIAL FRANCHISE ..3 SECTION 4 – TERM AND TERMINATION .................................................................................................................4 SECTION 5 - FRANCHISE AREA................................................................................................................................5 SECTION 6 - SERVICES PROVIDED BY FRANCHISEE..................................................................................................5 SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE MATERIALS..................................................8 SECTION 8 - WASTE DELIVERY DESIGNATION.........................................................................................................9 SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND .....................................................9 SECTION 10 - FAILURE TO PERFORM AND REMEDIES ........................................................................................... 12 SECTION 11 - FRANCHISE TRANSFER .................................................................................................................... 16 SECTION 12 - REPORTS......................................................................................................................................... 17 SECTION 13 - COMPENSATION............................................................................................................................. 18 SECTION 14 - FORCE MAJEURE............................................................................................................................. 22 SECTION 15 - OTHER PROVISIONS........................................................................................................................ 22 SECTION 16 - SEVERABILITY ................................................................................................................................. 24 SECTION 17 - ENTIRE AGREEMENT; AMENDMENT ............................................................................................... 24 SECTION 18 - CONSTRUCTION OF FRANCHISE ...................................................................................................... 24 EXHIBIT “A” - PROVIDED SERVICES ...................................................................................................................... 26 EXHIBIT “B” - SB 1383 COMPLIANCE PROGRAMS................................................................................................. 29 EXHIBIT “C” - DEFINITIONS................................................................................................................................... 31 EXHIBIT “D-1” - FEES EFFECTIVE APRIL 1, 2025 ..................................................................................................... 37 EXHIBIT “D-2” - FEES EFFECTIVE OCTOBER 1, 2025............................................................................................... 37 91 1

MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF SAN JOAQUIN, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
This Franchise Agreement ("Franchise Agreement") is entered into on May 1, 2025, (hereafter “Effective Date”) by and between the City of San Joaquin (“City”) and Mid-Valley Disposal, LLC, a California Limited Liability Company (“Franchisee”), for the collection, transportation and disposal of Solid Waste and for other services as further specified herein in Exhibit “A.”

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS, pursuant to California Public Resources Code Section 40059 (a), the City Council has determined that that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, Franchisee has lawfully conducted solid waste handling operations in the City for several years, and has delivered a level of service to its customers commensurate with the highest industry standards. Franchisee is well-qualified to continue providing that service; and WHEREAS, the previous agreement and amendments between City and Franchisee need to be updated; and
WHEREAS, in consideration of a long-term agreement, Franchisee has agreed to waive and release City from all prior claims related to the previous agreement, including past due revenues related to rate increases owed to Franchisee; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, the City Council declares its intention of ensuring the delivery of adequate Solid Waste Handling services and of maintaining reasonable Fees for the provision of such handling services within the City;
92 2
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES
A. Covenants, Representations and Warranties of Franchisee Franchisee hereby makes the following covenants, representations and warranties for the benefit of the City as of the date of this Agreement.
(1) Franchisee is duly organized and validly existing as a limited liability company in good standing under the laws of the State of California.
(2) Franchisee has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement. (3) Each Person signing this Agreement on behalf of Franchisee has been authorized by Franchisee to do so, and this Agreement has been duly executed and delivered by Franchisee, and constitutes a legal, valid and binding obligation of Franchisee enforceable against Franchisee in accordance with its terms.
(4) To the best of Franchisee's knowledge, there is no action, suit, or proceeding before any court or governmental entity against Franchisee or affecting Franchisee, wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Franchisee.
(5) Franchisee has sufficient financial resources to perform all aspects of its obligations hereunder. There has been no material adverse change in Franchisee's or, if applicable, in Franchisee's parent company's, financial circumstances since the date of the most recent financial statements or information, submitted to the City or reviewed by the City at the offices of Franchisee.
(6) Franchisee has the expert, professional, and technical capability to perform all of its obligations under this Agreement and will maintain the capability at all times during this Agreement’s term.
(7) Prior to providing any service authorized by this Agreement, Franchisee will have provided to the City Manager the security instrument and certificates of insurance required by the Agreement.
(8) Prior to providing any service authorized by this Agreement, Franchisee will have provided to the City Manager reasonably acceptable proof that the Franchisee has obtained all necessary permits, authorizations and licenses which are required for furnishing such service.

B. Covenants, Representations and Warranties of the City The City hereby makes the following covenants, representations and warranties to and for the benefit of Franchisee as of the date of this Agreement:
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(1) The parties executing this Agreement on behalf of the City are duly authorized to do so.

This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms. (2) To the best of the City's knowledge without having conducted any research, there is no action, suit, or proceeding against the City before any court or governmental entity wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement.
(3) The City shall reasonably and consistent with its governmental duties, cooperate with Franchisee in preserving the confidentiality of Franchisee’s proprietary information, including trade secret information, and preventing its disclosure. It will be the obligation of Franchisee to designate what information it deems to be a trade secret or otherwise in need of protection at the time such information is provided to City. However, the City will make the final determination.
(4) The City shall use best reasonable efforts to update and amend applicable provisions of its Municipal Code to the extent the City determines such changes are necessary to conform to this Agreement and to meet its obligations hereunder.

SECTION 2 - DEFINITIONS
Whenever any term used in this Franchise Agreement has been defined by AB939 or in the Municipal Code, the definitions therein, as presently defined and as they may be amended in the future shall apply unless the term is otherwise defined in this Agreement. In the event of conflict between the definition found in AB939, in the City Code and this Agreement, the definition in this Agreement shall govern all other definitions, while the definition in the City Code shall take precedence over the definition contained in AB939. The definitions are set forth on the attached and incorporated Exhibit “C”.

SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE

RESIDENTIAL AND COMMERCIAL FRANCHISE
A. Grant of Franchise
Pursuant to the provisions of the City Code and pursuant to AB 939, and subject to the terms and conditions of this Agreement (including all extensions or renewals), City hereby grants to Franchisee the sole and exclusive right, privilege, and franchise to provide the Solid Waste Handling services described in Exhibit “A” (Provided Services) to this Agreement to all single family units, multifamily units, and commercial, industrial, and institutional premises within the City, and to use the City streets and roads for such purpose. City shall actively enforce the exclusive rights of Franchisee to provide services within the Franchise Area. By this Agreement and subject to its terms, the City grants the broadest form of exclusive solid waste handling franchise permissible under applicable law including its general municipal police powers and the specific authority given to local agencies by California Public Resources Code Section 40059 to determine aspects of solid waste handling that are of local concern. The foregoing reference to Section 40059 includes the relevant appellate case law interpreting that statute. 94 4
B. Acceptance of Franchise
Franchisee agrees to be bound by and comply with all the requirements of this Franchise Agreement. Franchisee waives, terminates and hereby releases any right or claim to serve any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity.

C. Exceptions to Exclusivity
The foregoing Grant of Franchise excludes the following:
(1) Self-Haul. Any Solid Waste otherwise within the Scope of this Agreement which is removed and personally transported from any premises by the owner or occupant who generated the solid waste using his or her own equipment thereof for the purpose of lawfully delivering same to a Solid Waste Facility authorized to receive and handle solid waste. The use of a subcontractor by City is not “self-haul” within the meaning of this exception.
(2) Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of green waste or yard trimmings which are generated as an incidental part of providing gardening, landscaping or landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the green waste or yard trimmings, and utilizes only his or her own employees and equipment to collect, transport and dispose of same. (3) Sale or Gift of Recyclable Materials. Source separated Recyclable Materials which are either donated or sold by the generator of the materials to a party other than Franchisee.

A mere discount or reduction in price of the Franchisee’s charges for the handling of such materials is not a sale or donation within the meaning of this Agreement. For purposes of this Agreement, materials shall be deemed “solid waste” within the meaning of California Public Resources Code Section 40191, and shall be regulated as such, whether or not they may be potentially recyclable, in either of the following instances: (a) when the material is mixed or commingled with other types of solid waste, or (b) where the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services (“fee for service” recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.

SECTION 4 – TERM AND TERMINATION
The initial term of this Agreement shall commence at 12:00 a.m. on May 1, 2025, and expire at 12:00 a.m. on June 30, 2035. Prior to the expiration of term of the Agreement, the Agreement may be extended upon terms and conditions mutually agreeable to City and Contractor.

Termination of this Agreement may also occur pursuant to Section 10 “Failure to Perform and Remedies.”
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SECTION 5 - FRANCHISE AREA
The Franchise Area granted by this Agreement is the legally established geographic limits of the City, as the same now exist or may hereinafter be revised by annexation or otherwise. Franchisee shall perform Solid Waste Handling services pursuant to this Agreement only in such Franchise Area.

SECTION 6 - SERVICES PROVIDED BY FRANCHISEE
The following minimum operating requirements shall apply to Franchisee, except to the extent any operating requirement is specifically eliminated or modified in Exhibit “A”:

A. Overall Performance Obligation
(1) The scope of services to be performed by Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform all requirements of the Agreement. The enumeration of, and specification of requirements for particular items of labor or equipment shall not relieve the Contractor of the duty to furnish all others, as may be required, whether enumerated or not.
(2) The scope of services to be performed by Contractor pursuant to this Agreement shall be accomplished in a manner so that Customers are provided reliable, courteous, and highquality Collection services and other services described in this Agreement at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner generally provided for the delivery of services, whether such other aspects are enumerated elsewhere in the Agreement or not.
(3) Contractor shall not knowingly Collect Blue, Green, Brown, or Gray Containers that include Prohibited Container Contaminants, unless such collection is allowed under provisions of SB 1383 .

B. Employees
(1) Each employee or other Person driving Franchisee’s vehicle shall at all times have a valid California vehicle operator’s license appropriate for the vehicle being driven. (2) All Franchisee employees shall wear clean clothing of a uniform type when engaged in collection operations under this Agreement.
(3) Each employee dealing with Customers, including without limit those engaged in collection or billing, shall at all times behave in a courteous manner. (4) Noncompliance with the employee items above are subject to the terms of Section 10, Failure to Perform and Remedies.

C. Hours of Collection
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Franchisee shall not collect Solid Waste within a residential area or within a commercial area which is contiguous to a residential area between the hours of 10:00 P.M. and 5:00 A.M. the next day.

D. Office for Inquiries and Complaints
City shall receive and log customer inquiries and complaints and transmit any service requests or complaints to Franchisee electronically or via other mutually agreed upon method. Franchisee shall maintain an office at some fixed place and keep regular business hours and shall maintain a locally listed telephone number for customer inquiries and complaints between 8:00 A.M. and 5:00 PM. Such listing shall be in the Franchisee’s name or in the fictitious business name under which Franchisee provides Solid Waste Handling services to the Area. This Section shall not require the Franchisee to maintain an office which is different than or separate from the office for inquiries and complaints maintained by Franchisee.

E. Records and Reports
Franchisee shall prepare, maintain and provide to the City such records and reports as required in this Agreement, as well as records related to services in this agreement required under any other applicable law.

F. Requested Service
Franchisee shall provide Solid Waste Handling services to all Customers within its approved Franchise Area who request such service, except when denial or discontinuance of service is specifically authorized by this Agreement. Such service shall commence within seven (7) working (waste collection) days of the Customer's request.

G. Collection Frequency
For health and safety purposes, minimum collection frequency for all Solid Waste Handling Customers shall be once per week, in accordance with Section 17331 of Title 14, California Code of Regulations. Franchisee shall correct any missed collection of a Customer's Solid Waste within two (2) working (waste collection) days of notice thereof, unless the next regular collection of such waste is scheduled to occur within three (3) working (waste collection) days of such notice.

H. Containers
In addition to any requirement Franchisee is subject to under its Health and Safety Permit, each container shall be replaced in its proper place in a neat and orderly manner; any litter spilled from a container by Franchisee's employees while emptying a container shall be cleaned up by Franchisee’s employees.

I. Noise
In addition to any requirement Franchisee is subject to under applicable law, Franchisee shall not create any noise in excess of what is reasonable and necessary in providing Solid Waste Handling services to its Customers. Further, Franchisee shall actively evaluate and strive to implement noise reduction measures on an ongoing basis, consistent with common industry practice and standards applicable in similar circumstances.
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J. Collection Equipment
Franchisee shall provide an adequate number of vehicles and equipment to provide the Solid Waste Handling services required under its Franchise Agreement. No vehicle shall be used for the collection and transportation of Solid Waste prior to such initial and/or periodic inspection and approval by the Department of Public Health, Division of Environmental Health Services to the extent required under the Franchisee's applicable Health and Safety Permit.

All motor vehicles used by Franchisee under its Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. In addition, vehicles must be in compliance with the California Air Resources Board requirements and any other applicable state or federal laws and/or regulations pertaining to the operation of Solid Waste handling equipment.

K. Privacy
Franchisee shall strictly observe and protect the rights of privacy of its Customers. Information identifying individual Customers or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless as part of a legitimate inquiry by a governmental unit, or as authorized by a court of law or by statute, or upon written authorization of the Customer. This provision shall not be construed to preclude Franchisee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939, or the City, provided that no such analysis shall identify any person or connect any person to any particular waste. In addition, Franchisee shall not market, sell, convey, or donate to any Person any list with the name or address of Customers except that Franchisee may provide such lists to authorized employees and authorized representatives of the City as necessary to comply with this Franchise Agreement. Franchisee shall, at all times and consistent with prevailing industry standards, utilize encryption or other security measures reasonably calculated to protect Customer information from unauthorized disclosure.

L. Customer Complaints
Franchisee shall respond to customer complaints whether received directly from customers, or by customer through City. Franchisee shall designate a government liaison Person responsible for working with the City to resolve Customer complaints. The name of the liaison Person and a 24- hour availability telephone number shall be provided to the City Manager. Customer complaints shall be resolved in accordance with Section 10(B) herein, “Resolution of Customer Complaints.” M. Property Damage
(1) Any physical damage caused by the act or omissions of employees, officers, or agents of the Franchisee to private or public property resulting from operations under this Agreement shall be promptly repaired or replaced by Franchisee at Franchisee's sole expense. (2) With respect to driving surfaces, Franchisee shall be responsible for damage (excluding normal wear and tear), whether or not paved, resulting from the weight of vehicles providing Solid Waste Handling services on public or private property when it can be 98 8
demonstrated that such damage is the result of vehicles exceeding speed limits or maximum weight limits set by the State of California or by other negligent operation of vehicles by Franchisee's employees.

N. Gratuities
Franchisee shall not, nor shall it permit any officer, agent, or employee employed by it, to request, solicit or demand, either directly or indirectly, any gratuity for services authorized or required under its Agreement.

O. Laws and Licenses
Franchisee shall comply with all federal, state, and City, County or local laws, ordinances, rules, and regulations applicable, from time to time and as amended, to the performance of the Solid Waste Handling services provided under this Franchise Agreement and shall obtain and maintain in full force and effect all licenses and permits necessary to perform such services throughout the term of this Franchise Agreement.

P. Services During Strikes, Lockouts or Other Labor Disturbances In the event of labor strikes, lockouts, or other labor disturbances, Franchisee and City agree to cooperate fully in developing and implementing contingency plans for the continued collection and handling of Solid Waste in order to safeguard public health and avert imminent and substantial threats to public health and safety. Without limitation, these cooperation efforts may include prioritizing the collection of Solid Waste from certain businesses in order to control the accumulation of Solid Waste that may lead to more immediate threats to public health such as putrescible waste, sewage sludge, and manure or other animal waste.

Q. Property Damage
(1) Any physical damage caused by the act or omissions of employees, officers, or agents of the Contractor to private or public property resulting from operations under this Agreement shall be promptly repaired or replaced by Franchisee at its sole expense. (2) With respect to driving surfaces, Franchisee shall be responsible for damage (excluding normal wear and tear), whether or not paved, resulting from the weight of vehicles providing Solid Waste Handling services on public or private property when it can be demonstrated that such damage is the result of vehicles exceeding speed limits or maximum weight limits set by the State of California or by other negligent operation of vehicles by Franchisee's employees.

SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE

MATERIALS
Except as otherwise provided in state law, ownership of Solid Waste shall transfer to Franchisee at such time as the Solid Waste is discarded by the Solid Waste Handling service Customer. City makes no claim of ownership to the discarded solid waste. 99 9
SECTION 8 - WASTE DELIVERY DESIGNATION
City reserves the right to designate the disposal facility or facilities to which Franchisee shall deliver Solid Waste generated within City and collected by Franchisee pursuant to this Agreement. This designation, when made, shall be subject to the following:
(3) Solid Waste that Franchisee determines to be suitable for Processing or green composting may be delivered by Franchisee to a Materials Recovery Facility or Designated Source Separated Organic Waste Facility selected by Franchisee, and only the Residual Solid Waste resulting from Processing will be subject to the waste delivery designation. (4) If the City Manager or his/her designee directs Franchisee to deliver residual Solid Waste collected pursuant to this Agreement to a Solid Waste Facility that is different from the facility Franchisee is then using for the disposal of such waste, or in amounts that are different than the amount that Franchisee is currently delivering to that facility, and this direction results in increased operating costs to the Franchisee, Franchisee shall be entitled to a corresponding Fee adjustment to fully compensate Franchisee for the increased costs.

SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND A. Indemnification of City
The Franchisee agrees to indemnify, defend (with counsel chosen by City) and hold harmless the City and its authorized elected officials, officers, employees, Franchisees, consultants, attorneys, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of Franchisee’s performance of services under this Agreement, except to the extent, if at all, that such liability arises as a result of City’s own gross negligence or willful misconduct.

B. Cal Recycle Indemnification
Franchisee’s duty to defend and indemnify herein includes payment of all fines and/or penalties imposed by CalRecycle, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations are not met by the Contractor with respect to the Discarded Materials Collected under this Agreement, and such failure is: (i) due to the failure of Contractor to meet its obligations under this Agreement, or, (ii) due to Contractor delays in providing information that prevents Franchisee or City from submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations in a timely manner.

C. Hazardous Waste Indemnification
Without limiting the generality of the foregoing, if Franchisee is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, Franchisee shall indemnify, defend with counsel chosen by City, protect and hold harmless the City and its respective elected officials, officers, employees, Franchisees, consultants, attorneys, agents, volunteers, assigns, and any successor or successors harmless from and against all claims, actual damages (including, but not limited to, special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, 100
10 charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its respective officers, employees, agents, or Franchisees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste as to which Franchisee has negligently or willfully acted or failed to act with respect to its collection, handling or transportation at any place where Franchisee stores, handles, transports or disposes of Solid Waste pursuant to this Franchise Agreement. The foregoing indemnity does not extend to liability arising from de minimis amounts of household hazardous waste that Customers may place in solid waste receptacles, and excludes liability arising from City’s decision to exercise its waste delivery designation rights under Section 8 of this Agreement.

The foregoing indemnity is intended to operate and shall operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, indemnify, and hold the City harmless from liability. This Section 9C shall survive the termination, lapse or any change in the relationship of the Parties hereto.

D. Insurance Requirements
Insurance Requirements
(1) Commercial General Liability
i. Franchisee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Franchisee’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. ii. Any failure to comply with reporting provisions of the policies by Franchisee shall not affect coverage provided the City.
iii. Coverage shall state that Franchisee insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City. (2) Business Automobile Liability
i. Franchisee shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident.
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11 (3) Workers’ Compensation and Employers’ Liability
i. Franchisee shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least two million dollars ($2,000,000). Franchisee shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (4) Pollution Liability Insurance
i. Pollution Coverage shall be provided for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste to the final disposal location, including non-owned disposal sites.
ii. The policy shall be endorsed to include the City, its officers, employees, and agents as insureds.
(5) All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Franchisee shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Franchisee must agree to provide complete, certified copies of all required insurance policies if requested by the City.
iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. v. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Franchisee.

E. Performance Bonds or Other Security
Franchisee shall furnish to the City without additional charge a corporate surety bond, a letter of credit or other security device acceptable to the City in City’s sole discretion, as security for performance under this Franchise Agreement (collectively "Security"). The amount of the Security shall be the lesser of one month's expected Gross Receipts Less Disposal Charge, or Fifty Thousand Dollars ($50,000.00). Adequate proof of the existence of the Security shall be provided (e.g., a certificate from the surety showing that the bond premiums have been paid in full shall accompany the bond and each renewal thereof). The surety on the bond, the bank on which the 102
12 letter of credit is drawn and the surety for any other Security device shall be a company acceptable to the City and shall be authorized to do business in the State of California.

F. Notice of Cancellation or Change
For each insurance policy required under this Agreement, the Franchisee shall provide to the City, or ensure that the policy requires the insurer to provide to the City, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Franchisee shall, or shall cause the insurer to, provide written notice to the City not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Franchisee shall, or shall cause the insurer to, provide written notice to the City not less than 30 days in advance of cancellation or change. The City in its sole discretion may determine that the failure of the Franchisee or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement.

G. Modification
The requirements of this Section 9 may be modified or waived in writing by the City upon the request of Franchisee, provided the City reasonably determines such modification or waiver is in the best interest of City and of the public welfare, considering all relevant factors, including acceptable financial guarantees provided by Franchisee or by a parent company of Franchisee.

SECTION 10 - FAILURE TO PERFORM AND REMEDIES
The rights of the Franchisee and City upon the failure of either to perform as required under this Agreement shall be as provided below:

A. Administration, Enforcement and Remedies
(1) If the City Manager determines at any time that the Franchisee’s performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, the City Manager will notify Franchisee in writing of such deficiencies ("Notice of Deficiency").

The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made. Unless a shorter or longer period of time is specified in the notice of deficiency sent by the City Manager, a reasonable time for correction shall be thirty (30) consecutive calendar days from the receipt by the Franchisee of such written notice. If the Franchisee cannot reasonably correct or remedy a noted deficiency within the time specified in the Notice of Deficiency, but the Franchisee immediately commences to correct or remedy such deficiency within the time set forth in the Notice of Deficiency and diligently pursues such correction or remedy thereafter Franchisee shall not be deemed to have failed to correct or remedy the Notice of Deficiency. The Parties agree that while uncured defaults of material provisions of the Agreement which present an imminent and substantial threat to public health and safety should result in termination of 103
13 the Agreement, minor defaults should be the subject of liquidated damages in the amount of $250.00 for each day of the breach or default as set forth herein. For purposes of this section, assessment of liquid damages in total of more than $10,000.00 in any twelve (12) month period shall be deemed a material breach. The maximum level of liquidated damages shall be adjusted each year utilizing the same COLA adjustment process utilized to update the Franchise Fee Schedule.
(2) The City Manager shall review the Franchisee’s response to the Notice of Deficiency. If the City Manager determines that the Franchisee has not cured the deficiency, or if there is no cure period provided in the Notice of Deficiency given the nature of the deficiency, the City Manager shall either:
i. Refer the matter directly to the City Council for decision pursuant to subsection (4) of this Section 10–A; or
ii. Decide the matter and notify the Franchisee of that decision, in writing.  The decision of the City Manager may be to terminate the Franchise Agreement or may be to impose some lesser sanction;
 The decision of the City Manager shall be final and binding on Franchisee unless the Franchisee files a "Notice of Appeal" with the City Manager within thirty (30) days of receipt of the City Manager’s decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.
 Within fourteen (14) working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with subsection (4) of this Section 10–A.
(3) Should the City Manager refer the Notice of Deficiency to the City Council in the first instance, or if the matter reaches the City Council pursuant to a Notice of Appeal, the City shall set the matter for hearing.
i. If the City Council sets the matter for public hearing:
 The City shall give Franchisee, and any interested person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City shall consider the report of the Manager indicating the deficiencies, and shall give the Franchisee, or its representatives and any other interested person, a reasonable opportunity to be heard.  Based on the evidence presented at the public hearing, the City Council shall decide the appropriate action to be taken. If, based upon the record, the City determines that as noted in the Notice of Deficiency the Franchisee’s performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or constitute a material violation of applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, then the City may terminate this Franchise Agreement forthwith if it determines that an imminent and substantial threat to public health and safety has been created as a result of Franchisees’ deficiency, or in the case of any other uncorrected 104
14 breach, it may impose such lesser sanction or sanctions not involving termination as it deems reasonably appropriate. The decision of the City Council shall be final and conclusive.
(4) Franchisee’s performance under this Franchise Agreement is not excused during the period of time prior to the City Manager's or the City Council’s final determination, as the case may be, regarding the validity of, and appropriate response to, the deficiencies noted in the Notice of Deficiency.
(5) In the event Franchisee: (i) has received a Notice of Deficiency and fails to perform Solid Waste Handling services; or (ii) has had its Franchise Agreement terminated; the City, reserves the right, in addition to all other rights available to the City, to take any one or combination of the following actions:
i. To rent or lease from Franchisee, at its respective fair and reasonable rental value, all or any part of the Franchisee's equipment (including collection containers utilized by Customers and office equipment and billing programs), utilized by Franchisee in providing the Solid Waste Handling services required under this Franchise Agreement. The City may rent or lease such equipment for a period not to exceed six (6) months, for the purpose of performing the Solid Waste Handling services, or any part thereof, which Franchisee is (or was), obligated to provide pursuant to its Franchise Agreement. The City may use said rented equipment to directly perform such Solid Waste Handling service or to assign it to some other Franchisee or Person to act on the City’s behalf.

Franchisee shall be held responsible for the costs to insure the City or its assignee from all liability resulting from the operation of Franchisee’s equipment.

In the case of equipment not owned by Franchisee, Franchisee shall assign to the City, to the extent Franchisee is permitted to do so under the instruments pursuant to which Franchisee possesses and uses such equipment, the right to possess and use the equipment.
ii. As used in this subsection, "reasonable rental value" means the rate for such equipment as listed in the State Division of Transportation publication, "Labor Surcharge and Equipment Rental Rates," in effect at the time the City leases the equipment. If a particular piece of equipment is not listed in said publication or if said publication is not current, the reasonable rental value may be established by the Manager by any equitable alternative method.
iii. If the City exercises its rights under this subsection, the City shall pay or owe Franchisee the reasonable rental value of the equipment so taken for the period of the City’s possession thereof. The City may offset any amounts due to Franchisee pursuant to this provision against any amounts due the City from Franchisee.
iv. All revenues owed by Customers which are attributable to services performed by or at the direction of the City during City's assumption of Franchisee's Solid Waste Handling duties shall be billed by and paid to the City. To the extent Franchisee receives such revenue after City's assumption of Franchisee's Solid Waste Handling duties, Franchisee shall pay such revenue to City promptly after receipt thereof (or promptly after City has performed the services related to such revenue, if the revenue was received by the Franchisee prior to the City's 105
15 assumption of duties) and Franchisee shall be deemed to have assigned to City all of Franchisee's right and interest to any such revenues. (6) The City rights set forth in this Section 10–A are in addition to, and not in limitation of, any other powers or rights available to the City upon failure of Franchisee to perform its obligations under this Franchise Agreement. Further, by entering into this Franchise Agreement Franchisee acknowledges, admits and agrees, for use as evidence in any proceeding of any nature, and from time to time, that its material violation of any terms of this Franchise Agreement shall cause the City to suffer irreparable injury and damages sufficient to support injunctive relief to enforce the provisions of the Franchise Agreement, and to enjoin the breach thereof. Franchisee hereby agrees that the City may deem the foregoing a stipulation, for any purpose or proceeding.

B. Resolution of Customer Complaints
Service complaints shall be the responsibility of Franchisee regardless of whether received by City and forwarded to Franchisee or received directly by Franchisee. Procedures for resolution of complaints and other disputes shall be as follows:
(1) Franchisee agrees to use its best efforts to resolve all complaints received by close of business of the second working (waste collection) day following the date on which such complaint is received. Service complaints may be investigated by City Manager, as necessary to resolve. Franchisee shall provide reasonable cooperation in the event of such investigation. Franchisee shall maintain records listing the date of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Franchisee to resolve the complaint. All such records shall be maintained for at least three (3) years after Franchisee's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Franchisee whether received by City and forwarded to Franchisee, or received directly by Franchisee. (2) A customer dissatisfied with Franchisee’s decision regarding a complaint may ask the City Manager to review the complaint. The City Manager shall review the complaint and determine if further action is warranted. The City Manager may request written statements from the Franchisee and Customer, or oral presentations or both written and oral presentations.
(3) The City Manager shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of this Franchise Agreement. In addition to any other remedy of City contained in this Agreement, City may impose upon Franchisee liquidated damages of up to one hundred dollars ($100.00) payable to the City for any single event or series of related events, or actual damages as demonstrated during the resolution procedure. (4) The City Manager may delegate the duties under this Section to a designee. The decision of the City Manager or a designee shall be final on any matter of five hundred dollars ($500.00) or less. In the event of a decision on a matter awarding more than five hundred dollars ($500.00), Franchisee may file a Notice of Appeal with the City Clerk for review by the City Council.
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16 SECTION 11 - FRANCHISE TRANSFER
The rights of the Franchisee in regard to the transferability of its Franchise shall be as set forth below:
(1) Neither this Franchise Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer" ), pass to or vest in any Person, except the Franchisee, either by act of the Franchisee or by operation of law, without the prior written consent of the City. Any attempt by Franchisee, or by operation of law, to transfer this Franchise Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement. (2) This Franchise Agreement shall terminate on any Change in Ownership of Franchisee, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership.
(3) The City shall review a request by Franchisee that the City approve a transfer of all or part of Franchisee's interest in this Franchise Agreement, or that the City consent to a Change in Ownership of Franchisee, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Franchise Agreement or to any Change in Ownership of Franchisee.

If the Franchisee requests that the City consider and consent to a transfer or a Change in Ownership of Franchisee, the Franchisee or the proposed transferee, as applicable, shall at a minimum meet each of the following requirements:
i. The Franchisee shall pay the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership.
ii. The Franchisee shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years.
iii. The Franchisee shall furnish the City with proof satisfactory to City, in its sole and absolute discretion:
 that the proposed transferee or the proposed management of the Franchisee under the proposed new owner has at least three (3) years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by Franchisee under this Agreement;  that in the last five (5) years, the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Franchisee under the proposed new owner) has not received any 107
17 citations, Notice of Violations or other censure from any federal, state or local agency having jurisdiction over its waste management operations due to any failure to comply with state, federal or local waste management laws, where such failure either: (i) evidences a pattern of disregard for such state, federal or local waste management laws; or (ii) involves actions which endangered the lives or property of any Person.

Franchisee shall supply the City with a complete list of such citations, Notices of Violations and censures, if any;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Franchisee under the proposed new owner) has at all times conducted its operations in an environmentally safe and conscientious fashion;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Franchisee under the proposed new owner) conducts its solid waste management operations in accordance with sound waste management standards and practices and in full compliance with all federal, state and local laws regulating the collection and disposal of waste;
 of the adequate financial strength of proposed transferee or of the Franchisee under the proposed new ownership; and
 of the ability of the proposed transferee or of the Franchisee under the proposed new ownership to obtain and maintain required insurance and bonds.

SECTION 12 - REPORTS
Franchisee shall provide the City Manager with such reports and information and make its records available for review as provided below:

A. General
(1) Franchisee shall keep, and, maintain, and furnish copies of such operating records and reports as may be requested by City to ascertain compliance with this Agreement, and support requests for a Fee adjustment. City and Franchisee agree that Franchisee’s financial data and operational records shall remain confidential with respect to third parties, and shall be protected from disclosure to the extent they contain proprietary information, including trade secrets, whether or not designated as such by Franchisee. (2) All information required to be kept, maintained or furnished to the City shall be maintained a minimum of five (5) years after the entry of the most recent item therein.

B. Reporting Requirements
During the term of this Franchise Agreement, Franchisee shall submit to the City quarterly, and more often if required by law, information reasonably required by City to meet its reporting obligations imposed by AB 939 and AB 901, as amended, and the regulations implementing each, in a manner acceptable to City. Franchisee agrees to submit such reports and information as 108
18 reasonably requested by the City. Franchisee agrees to render all reasonable cooperation and assistance to the City in meeting the requirements of the City’s source reduction and recycling element and non-disposal facility element.

C. Annual and Quarterly Reports
(1) Franchisee shall assist City in preparation of all Annual and Quarterly reporting required by CalRecycle, or successor agency, in accordance with this Agreement. (2) Quarterly reports shall be submitted forty-five (45) days following the end of each calendar quarter. The quarterly reports shall include:
i. Amount (in tons) and type of material collected.
ii. Amount and types of material deposited in the Solid Waste Facility. iii. Amount and types of material recycled, processed or diverted. iv. Summary assessment of services, and identification of impediments to meeting service requirements.
v. Public education and information activities undertaken during the year, including distribution of materials, number of notification tags, community information and events, and newsletters.
vi. An annual presentation will be made to the SAN JOAQUIN City Council upon an agreed date that is acceptable to both parties.

SECTION 13 - COMPENSATION
A. Compensation and Billing
Each party shall provide/maintain accurate and complete accounting and billing. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.
(1) Billing and Payment. All requests for service, or for changes in service, shall be processed by City and promptly reported to Franchisee. City shall provide billing services to all residential, commercial and industrial customers who receive service pursuant to this Agreement, except that Drop Box services will be billed and collected by Franchisee.

On a monthly basis, City shall remit to Franchisee the full amount for services provided based on the Fees set forth on Exhibits “D-1” and “D-2” after retaining the Franchise Fee as set forth in definitions. The monthly compensation payment to Franchisee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. Said Fees paid to Franchisee are exclusive of fees collected by City for billing and customer services provided by the City, contract management, enterprise fund management, and Franchise Fees. he parties acknowledge City’s right to add and retain such fees. 109
19 Each party’s accounting and billing shall be accurate and complete. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.
(2) Fees. Franchisee shall provide solid waste handling services pursuant to this Agreement at the Fees set forth in the attached Exhibits “D-1” and “D-2” the contents of which are incorporated by this reference. The Exhibit “D-1” Fees will apply on the effective date of this Agreement .The Exhibit “D-2” Fees shall commence on October 1, 2025 and are subject to adjustment as set forth elsewhere herein.

The parties acknowledge their understanding that the Exhibits “D-1” and “D-2” Fees are not necessarily reflective of the total charges that City will actually bill to customers. The City expressly reserves the right to charge customers whatever Rates it deems reasonable or appropriate, and the actual charges to a customer will include additional amounts, over and above the amount that will be paid to Franchisee, to cover such administrative, finance, collection or other fees as the City determines proper. If no Fee has been established for a particular service billed by City, Franchisee and City shall mutually agree on an appropriate charge for that service or service level. If no Rate has been established for a service billed directly by Franchisee, then Franchisee shall determine with Customer the appropriate charge, subject to City approval. Franchisee shall promptly notify City of any new Rates to be billed by Franchisee.

The Exhibit “D-1” and “D-2” Fees are inclusive of all Solid Waste services to be provided by Franchisee, including collection, transportation, processing, composting, disposal, and cart and bin costs, and costs associated with moving bins from standard enclosures such distance as is reasonably necessary to empty them (but not including costs associated with moving bins beyond such distance in unusual circumstances or due to special requests by customers). No other charges shall be imposed by Franchisee for such services unless approved by City.

B. Adjustment to Fees
The following annual and special rate adjustments shall be made to the Fees provided for in this Franchise Agreement.
(1) Annual Cost of Living Adjustment (COLA)
Beginning July 1, 2026, and each July 1 thereafter, the Fee shall be annually adjusted upwards by adding a cost-of-living adjustment (COLA) to the then current Fee. The COLA shall be based on the change in the annual Consumer Price Index (CPI).

An example of the CPI adjustment for July 1, 2021 is shown below:

Annual CPI-U 2019: 295.004
Annual CPI-U 2020: 300.084
Change: 5.080
% Increase: 1.72% (5.080 ÷ 295.004)
110
20 (2) Extraordinary Adjustment
The parties acknowledge that there may be infrequent extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless increase the cost of providing service such that Franchisee’s compensation and the Fee adjustment mechanism provided in this Agreement result in Franchisee’s suffering losses which are substantially outside the commercially reasonable expectations of the parties. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in Fees. Accordingly, at its option, Franchisee may apply to the City at any time, but not more frequently than once annually, for an extraordinary Fee adjustment should an event or circumstance arise (including a change in landfill tipping fee) that is not the result of a Change in Law or Change in Service Level which negatively impacts the economic operation of Franchisee and which is in excess of the Fee adjustment resulting from the application of the annual adjustment formula set for in subparagraph (a) above. An interim adjustment in Fees will be deemed justified if it is necessary for the Franchisee to make a substantial change in its operations, or substantial capital expenditure or investment in order to perform its obligations under this Agreement due to the occurrence of an event or circumstance other than a Change in Law or Change in Service Level which is beyond the reasonable control of Franchisee. In the event of such an application for an extraordinary Fee increase, it is understood that the Franchisee shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost. (3) Franchise Fee Adjustment
The Franchise Fee adjustment shall be the pass through of one hundred percent (100%) of any increase or decrease in the Franchise Fee, and shall be effective as of the date the Franchise Fee increase or decrease is payable by the Franchisee. (4) Change in Scope Level Adjustment
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the Solid Waste Handling services which may be required of, or agreed to by, Franchisee.

City shall provide Franchisee ninety (90) days’ notice of any requested changes in scope of this agreement. A Change in Scope Adjustment shall be effective on and after the actual date of the requirement to or agreement to change operations which results from the change in service, but, absent the consent of the Manager, not sooner than the effective date of the change in service. In no event shall any Change in Scope Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Manager and the Franchisee claiming to be affected by the change in scope cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of Section 13–C (1) shall apply.
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21 (5) Change in Law Adjustments
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law.

In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Manager and the Franchisee claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13–C (1) shall apply.

C. Dispute Resolution Regarding Adjustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in 13 above, which cannot be resolved between the Franchisee and City the parties agree to participate in nonbinding mediation conducted by a mutually agreed upon impartial mediator. . The cost of the impartial mediator shall be borne equally by the Franchisee and the City and the Parties shall pay each party’s respective share..

If the Franchisee and City cannot mutually agree upon an expert, either may submit a request form to the California State Mediation and Conciliation Service. (2) Any dispute regarding the current Fee schedule or Fee adjustments (except those disputes related to a Change in Service Level Adjustment or Change in Law Adjustment) shall be decided by the City Manager within ten (10) working days after receipt of a written statement from the Franchisee of the nature and basis of the dispute with a request that it be resolved by the City Manager. Franchisee shall have the right to appeal the Manager’s decision in writing to the City Council within thirty (30) days after the City Manager has given the Franchisee written notice of the decision in accordance with Section 10 of this Agreement. .
(3) The most recent Fees approved by the City Manager in effect at the time a dispute is submitted to either the expert or City Manager, as the case may be, shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall be determined by the expert, the City Manager, the City or a hearing officer, as appropriate.

D. Discontinuance of Service
Franchisee may discontinue service for non-payment of Customer’s billing (when directed by City for accounts billed by City, or in the event of non-payment by a Customer billed by Franchisee), or Customer’s failure to substantially comply with the requirements of the applicable provisions of 112
22 state or local law which govern use, storage and collection of Solid Waste in accordance with this Agreement.

SECTION 14 - FORCE MAJEURE
Franchisee shall not be in default under this Agreement in the event that the services provided by the Franchisee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics, quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as floods, earthquakes, landslides, and fires, severe weather or other catastrophic events which are beyond the reasonable control of Franchisee and which Franchisee could not reasonably be expected to have prevented or controlled. Catastrophic events do not include the financial inability of the Franchisee to perform or failure of the Franchisee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Franchisee.

SECTION 15 - OTHER PROVISIONS
A. Independent Franchisee
Franchisee is an independent Franchisee and not an officer, agent, servant, or employee of City.

Franchisee is solely responsible for the acts and omissions of its officers, agents, and employees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Franchisee. Neither Franchisee nor its officers, agents, or employees shall obtain any rights to retirement or other benefits which accrue to City employees.

B. Right to Pass
Franchisee shall have the right to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Solid Waste Handling services pursuant to its Franchise Agreement, so long as it is not in receipt of a written notice revoking permission to pass.

Franchisee shall have no rights greater than those then held by City.

C. Compliance with Municipal Code
Franchisee shall comply with provisions of the Municipal Code that are applicable to operations hereunder, and with any and all amendments, from time to time, to such provisions during the Term of this Agreement.

D. Notices
Any notice, information, request or reply ("Notice") required or permitted to be given under the provisions of this Agreement shall be in writing and shall be given or served personally, by mail, or by email. If given or served by mail, such Notice shall be deemed sufficiently given if: (1) (i) deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or (ii) sent by overnight service provided proof of service is available; and (2) addressed to (i) the Franchisee at its most recent address of record with City or (ii) to the Manager at the then-current address of City, as the case may be. If given by email, such Notice shall be deemed sufficiently given if the receiving party confirms receipt. The addresses of the parties at the time of signing this Agreement are:
113
23 To City: Attn: City Manager
City of SAN JOAQUIN
PO Box 758
21900 Colorado Ave
SAN JOAQUIN, CA 93660
To Franchisee: Attn: Contract Administrator
Mid-Valley Disposal, LLC
15300 West Jensen Avenue
Kerman, CA 93630
Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail, or if by facsimile transmission, upon receipt of confirmation of delivery which confirmation may be transmitted by the same means. Service by facsimile transmission shall not be effective unless the original of the document being served is deposited in the United States mail, postage prepaid, within twenty-four (24) hours after the facsimile transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.

E. Exhibits Incorporated
Exhibits “A” through “D-1” and “D-2” are attached to and incorporated in this Agreement by this reference as if fully set forth.

F. Laws and Licenses
City and Franchisee shall, at their own separate costs, comply with all federal, State, and City laws, ordinances, rules, and regulations applicable to the performance of the services hereunder and Franchisee shall obtain and maintain in full force and effect throughout the term of this Agreement all licenses and permits necessary to perform the services hereunder.

G. Governing Law
This Agreement shall be governed by the laws of the State of California, with venue in the Superior Court of the County of Fresno or the Federal District Court with jurisdiction over City.

H. Waiver
No waiver by either party of any one or more defaults or breaches by the other party in the performance of this Agreement shall operate or be construed as a waiver of any already established or future defaults or breaches, whether of a like or different character or degree.

I. Counterpart Signatures
This Agreement may be executed in counterpart pages (counterparts), each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall 114
24 become fully executed when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same signature pages of this Agreement. The exchange of copies of this Agreement and of signature pages by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted electronically shall be deemed to be their original signatures for all purposes.

SECTION 16 - SEVERABILITY
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.

SECTION 17 - ENTIRE AGREEMENT; AMENDMENT
This Agreement and its incorporated Exhibits constitute the entire agreement between the parties concerning the subject matter hereof and supersede any and all other communications, representations, proposals, understandings or agreements, either written or oral, between the parties hereto with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except by written agreement signed by both parties hereto.

Notwithstanding the forgoing, the parties acknowledge the provisions of “Chapter 8.16, Garbage and Rubbish Disposal” of the City Code as currently enacted are included herein and, further, that if and when such City Code provisions are amended, that the amended provisions shall apply to this Agreement, without any action being required of either party. The City Manager shall provide Notice to Franchisee upon changes to the San Joaquin Municipal Code that require a change in this Agreement.

SECTION 18 - CONSTRUCTION OF FRANCHISE
The parties hereto have negotiated this franchise at arm's length and with advice of their respective attorneys, and no provision contained herein shall be construed against either party solely because it prepared the actual physical Agreement executed by the parties. (Signatures on Following Page)
IN WITNESS WHEREOF the parties have executed this Agreement as follows:

CITY OF SAN JOAQUIN MID-VALLEY DISPOSAL LLC
Elizabeth Cabrera, City Manager Joseph Kalpakoff, President Date: ___________________ Date: ___________________
115
25 APPROVED AS TO FORM
City Attorney
ATTEST
______________________
Matt Flood, City Clerk
116
26 EXHIBIT “A” - PROVIDED SERVICES
This Exhibit sets forth the level of services to be provided by Franchisee pursuant to its Franchise, and the manner of providing such services which are in addition to the manner of providing services specified in this Agreement.

Franchisee shall provide the Solid Waste Handling services in conformity with all provisions of this Agreement, including:

A. Single Family Residential
(1) Weekly 3 Cart Service - Unless otherwise required under applicable law or regulation, once per week Franchisee shall collect the Solid Waste (except bulky items and Hazardous Waste), which has been separated, placed, kept, or accumulated in containers at residential units within the Franchise Area and placed at curbside prior to Franchisee's normal weekly collection time. All Solid Waste must be placed within containers at curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Franchisee. Franchisee shall supply containers, and shall require the use of specific containers as specified in this Exhibit “A.” Franchisee may provide special pickup procedures, above and beyond the services described above, with customers consistent with the Fees paid Franchisee in Exhibit “D.” Franchisee shall notify City immediately of any Changes in Service Level, and similarly, City shall notify Franchisee of any Changes in Service Level.

B. Commercial, Industrial, and Multi-Residential
(1) Multi-Residential Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Franchisee shall collect the Solid Waste (including bulky items which have been placed in a closed bin, and excepting metallic white goods and Hazardous Waste) which have been placed, kept or accumulated for collection in Solid Waste Bins at Multi-Residential Units. (2) Commercial and Industrial Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Franchisee shall collect the Solid Waste which have been placed, kept or accumulated for collection in Solid Waste Bins at commercial units.

C. Compliance Programs
Franchisee shall conduct the diversion compliance programs as defined in Exhibit B of this Agreement. As of the effective date of this Agreement, the City has obtained a waiver from CalRecycle for certain requirements of SB1383. Accordingly, the requirements shown in Exhibit B that have been struck out do not apply to the City. Prior to the expiration of any such waivers, Franchisee shall assist City in applying for future department issued waivers of any requirements where programs are not already in place under this Agreement. Should future waivers be denied, or existing waivers expire without renewal, and City is required by CalRecycle to implement programs not included, Franchisee and City shall meet and confer on what Change in Scope is required. Any required fee 117
27 adjustment shall be submitted by Franchisee within thirty (30) days of finalizing the Change in Scope.

D. Construction and Demolition Waste Temporary Drop Box Services Franchisee shall provide construction and demolition debris removal, including temporary Drop Box services using Fees reflected in Exhibit “D” unless debris is generated by a declared emergency disaster such as floods, fires, earthquake or other such occurrence as deemed meeting the criteria of disaster debris. The City may provide for Rates and services solely for the timely and efficient removal of “disaster debris” with the Franchisee or other qualified public or private entity.

E. Special Collection Programs
The following minimum special collection programs shall apply to this Franchise Agreement:
(1) City Facilities: Franchisee shall provide front load commercial service to the City at no cost for the all City-owned facilities:

Public Works Yard
Public Works Accessory Yard
Wastewater Treatment Plant
Any Other Existing Properties Currently with Front Load Service (2) Franchisee shall participate in two (2) community clean-up day drop off events annually at the Cities request. Events shall take place at a time and place agreed upon by City and Franchisee. Franchisee shall pay all disposal and processing costs.
(3) Illegal Dumping: At Cities direction, Franchisee agrees to provide targeted clean-up of illegal dumping up to ten (10) tons annually.
(4) Christmas Trees: Franchisee shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day.
(5) Senior and Handicapped Service: When a Customer produces evidence that he or she is at least 65 years of age or a medical practitioner’s statement showing that he/she is physically unable to place his/her solid waste bins at the curb for collection, together with his/her affidavit certifying that no able-bodied person under 65 years of age on the premises is available for such purposes, Franchisee will provide walk-in service to such premises at no additional cost. (6) Provide free special event containers for City Sponsored Events.

F. Emergency Disaster Debris Removal Services
(1) In the event of a declared emergency disaster such as a fire, flood, earthquake, or other such occurrence as deemed meeting the criteria of a disaster in which debris 118
28 is created, the Franchisee will be given the first right of refusal in its franchise area to offer temporary bin/roll off services using Fees reflected in Exhibit “D”, to transport debris to a staging area or disposal facility designated by the Manager. (2) During any period of time that Franchisee is unable to service its franchise area during such declared emergency, either for loss of transportation, lack of assistance or an overabundance of debris material or other similar circumstances, the City reserves the right to contract with third-party entities for temporary bin/roll off services, including transportation of debris to a Solid Waste Facility. Franchisee shall notify City when it regains its ability to recommence service in its franchise area and City will, within a reasonable time period, terminate any contract with thirdparty entities for the same services. (3) The City reserves the right to direct roll off bin service to areas that have been designated as critical due to the emergency conditions. 119
29 EXHIBIT “B” - SB 1383 COMPLIANCE PROGRAMS
To support the City in complying with regulations under SB1383, Franchisee shall implement the programs identified in this Exhibit B. These programs are designed to meet the implementation and education requirements of SB1383 and help the City achieve annual diversion requirements set by CalRecycle. The City’s actual annual diversion rate depends on participation of businesses and residents, their respective adherence to program requirements and local code, the City’s enforcement of applicable codes, and the City’s implementation of other programs outside the scope of this Agreement. Accordingly, City shall amend or update the City code to incorporate requirements necessary for the implementation of these programs.

1. Collection Requirements and Container Labeling
Franchisee shall provide a 3-container collection program for Solid Waste, Recyclables, and Mixed Organics. Collection containers shall be Grey (MSW), Blue (Recyclables), and Green (Organic Waste). Hardware such as hinges and wheels may be different colors.

New containers or lids placed by Franchisee shall include language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate items that are prohibited container contaminants for each container.

2. Education and Outreach
To promote bilingual (Spanish/ English) public education about recycling requirements, Franchisee shall create public education materials and conduct education programs and activities described in this Section.

Annual Notice: Franchisee shall prepare and distribute to each Generator in the City a mailer that includes information specified in 14 CCR Section 18985.1(a). Such mailer shall be distributed by Franchisee to all Residential and Commercial mailing addresses including individual Multi-Family Dwelling Units. Franchisee shall also make this notice available in an electronic format through the Franchisee’s website.

Instructional Service Guide: Franchisee shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays

3. Procurement
At City option, Franchisee agrees to make available for purchase up to 400 yards of compost or mulch annually to help City meet its procurement requirements. Franchisee also agrees to provide City with any available procurement credits from renewable fuel purchases used by vehicles within City.
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30 4. Edible Food Recovery
Franchisee shall provide City with necessary data and reporting to determine which customers are considered tier 1 and tier 2 commercial edible food generators.

At least annually, the Franchisee shall provide Commercial Edible Food Generators with the following information:
• Information about the City’s Edible Food Recovery program; • Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
• Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,
• Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

5. Reporting
Franchisee will provide the data or prepare reports required to meet SB1383 requirements which includes:
• The number of generators that receive organic waste and recycling collection service
• The number of commercial edible food generators located within the jurisdiction 121
31 EXHIBIT “C” - DEFINITIONS
For the purposes of this Franchise Agreement, the following terms, when used with initial capitalization, shall have the meanings set forth in this Section:

A. AB 939. "AB 939" means the California Integrated Waste Management Act of 1989, being Division 30 of the California Public Resources Code, commencing with Section 40000 thereof, as it may be amended from time to time.

B. AB 1826. “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time
C. BULKY WASTE. "Bulky Waste" means discarded furniture (including but not limited to chairs, sofas, mattresses, and rugs); appliances (including but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as “white goods”); discarded stereos, televisions, computers, VCR’s, and other similar items (commonly known as “Electronic-Waste”); wood waste, tree trunks and large branches if more than six inches in diameter or four feet in length, scrap wood, rocks, sod and earth.

Bulky Waste does not include construction and demolition waste, or large items such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two persons. In addition, Bulky Waste does not include waste tires.

D. CHANGE IN LAW. "Change in Law" means the imposition (or removal), after the establishment of a Fee relative to a Franchise Agreement, of any duty or burden imposed upon the Franchisee in the performance of the Solid Waste Handling services required of it under the Franchise Agreement which is or becomes additional to (or is subtracted from) or different from those duties required or contemplated in its Franchise Agreement, or which must be performed in a different manner from that in which it is initially contemplated to be performed, and which results from any of the following:
(1) the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local law, statute, ordinance or regulation. (2) a regulatory agency or other administrative agency interpreting a regulation, a judicial decision of a federal court interpreting federal law or statute, or a judicial decision of a court having jurisdiction within California interpreting a federal, state or local law, statute, ordinance or regulation, in a manner different from the interpretation which had previously been generally relied upon in California within the solid waste collection and hauling industry.

E. CHANGE IN LAW ADJUSTMENT. "Change in Law Adjustment" means the adjustment to Fee as determined under the provisions of Section 13–B (6) of this Agreement.

F. CHANGE IN OWNERSHIP. "Change in Ownership" occurs when either a transaction or event, results in fifty percent (50%) or more of the beneficial ownership of the Franchisee being different than such ownership as of the date of the approval by the 122
32 City of the Franchise Agreement or, if applicable, as of the date of the most recent consent of the City to a Change of Ownership. The owners of the beneficial ownership of Franchisee on the date of the approval of the Franchise Agreement or, if applicable, on the date of the most recent consent of the City to a Change of Ownership, shall be referred to in this subsection as an "Initial Owner". A Change in Ownership will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an Initial Owner shall be considered as owned by an Initial Owner in determining if a Change in Ownership has occurred.
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a Change in Ownership has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a Change in Ownership has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock. (4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an Initial Owner shall be considered to be a transfer of such stock for the purposes of determining if a Change in Ownership has occurred.

G. CHANGE IN SCOPE ADJUSTMENT. "Change in Scope Adjustment" means the adjustment to Fee as determined under the provisions of Section 13–B (5) of this Agreement.

H. COMMERCIAL EDIBLE FOOD GENERATORS. “Commercial Edible Food Generator” means a Businesses identified as Tier One and Tier Two edible food generators as defined in 14 CCR Section 18982.

I. CONSUMER PRICE INDEX. “Consumer Price Index” or “CPI” means the Consumer Price Index, All Items, Not Seasonally Adjusted, San Francisco-Oakland-Hayward, California, as published by the U. S. Department of Labor, Bureau of Labor Statistics, Series Id. CUURS49BSA0, Base Date 1982-84=100, or the most similar successor index if this index is no longer published.

J. CITY. "City" means the City of SAN JOAQUIN, State of California.

K. CITY SOLID WASTE DISPOSAL SYSTEM. "City Solid Waste Disposal System" means at any particular time, the then-existing Solid Waste Facilities which the City owns, leases or has a contractual right to use.

L. CUSTOMER. “Customer” means any Person receiving Solid Waste Handling services pursuant to this Agreement.

M. DESIGNATED SOURCE SEPERATED ORGANIC WASTE FACILITY: “Designated Source Separated Organic Waste Facility” means a facility identified by Franchisee that meets the definition of 14 CCR Section 18982(a)(33). 123
33 N. DROP BOX. “Drop Box” means a steel, open-top container holding at least eight (8) cubic yards that rolls off and on a transport truck.

O. EFFECTIVE DATE. “Effective Date” means May 1, 2025.

P. ELECTRONIC WASTE. “Electronic Waste” for purposes of this Agreement means electronic waste materials generated by residential or commercial Customers that render the items hazardous depending upon their condition and density, such as, but not limited to, televisions, computer monitors containing Cathode Ray Tubes (CRTs), cell phones, scanners, fax machines and other items as determined by applicable laws and regulations.

Q. EXCLUDED WASTE. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Approved/Designated Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Franchisee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Franchisee or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in SingleFamily or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

R. FEE. "Fee" means the inclusive Fee schedules attached to this Agreement as Exhibits “D-1” and D-2 which provide the Fees to be paid to Franchisee by City in consideration of the Solid Waste Handling services provided by Franchisee hereunder. Rates charged Customers by City may be higher than Fees paid Franchisee in order to cover appropriate City costs. See also Franchise Fee below.

S. FOOD SCRAPS. “Food Scraps” means all discarded food such as fruits, vegetables, beans, pasta, and other materials accepted at the designated organics processing facility.

T. FRANCHISE AGREEMENT. "Franchise Agreement" means the Agreement entered into between the City and the Franchisee which authorizes/requires the Franchisee to provide Solid Waste Handling services in a specified Franchise Area.

U. FRANCHISE FEE. “Franchise Fee” means a defined twenty percent (20%) portion of revenue from rates retained by City as compensation to City for the exclusive right assigned to Franchisee to provide Solid Waste Handling services within the Franchise area.

V. FRANCHISEE. "Franchisee" means Mid-Valley Disposal, LLC, a California Limited Liability Company.
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34 W. GREEN WASTE. "Green Waste" means discarded Solid Waste consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six (6) inches in diameter or four (4) feet in length.

X. GROSS RECEIPTS.
(1) "Gross Receipts" means all monies received by Franchisee for providing the Solid Waste Handling services specified in its Franchise Agreement Exhibit “D”. (2) "Gross Receipts Less Disposal Charges" means Gross Receipts less that part of the monies received by the Franchisee that are collected from Customers for payment of the fee imposed for disposing of the Solid Waste at a Solid Waste Facility.

Y. HAZARDOUS WASTE. "Hazardous Waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife during or as a proximate result of any disposal of such waste or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the California Health and Safety Code and Title 22 of California Code of Regulations, Section 66261.3. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 12, commencing with Section 28740.1, Division 21 of the California Health and Safety Code).

Z. MANAGER. “Manager” means the City Manager of the City of SAN JOAQUIN, or designee of City Manager.

AA.MATERIALS RECOVERY FACILITY. “Materials recovery facility” or “MRF” is a facility designed to remove recyclables and other valuable materials from the waste stream collected through a residential, commercial or industrial Solid Waste Handling program that is approved to operate by the appropriate state and local agencies.

BB.MULTI-JURISDICTION LOAD REPORT. "Multi-Jurisdiction Load Report" means a report which sets out the amount, and place of collection, of Solid Waste delivered to the City Solid Waste Disposal System.

CC. ORGANIC MATERIAL. “Organic Material” means Green Waste and Food Waste which are specifically accepted at an organics processing facility. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Solid Waste and Recyclable Material.

DD. PERSON. "Person" includes, without limitation, individuals, associations, clubs, societies, firms, partnerships, joint ventures, sole proprietorships, corporations, limited liability companies, schools, colleges and all governmental agencies and entities.

EE. PROCESSING. "Processing" means the reduction, separation, recovery, conversion or recycling of Solid Waste.
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35 FF. PROHIBITED CONTAINER CONTAMINANTS. “Prohibited Container Contaminants” means (i) items placed in the Blue Container that are not identified as acceptable Recyclable Materials; (ii) items placed in the Green Container that are not identified as acceptable organic waste; (iii) items placed in the Gray Container that are acceptable to be placed in City’s Green Container and/or Blue Container; and (iv) Excluded Waste placed in any Container.

GG. RATES. “Rate” or “Rates” means rates charged by City of SAN JOAQUIN or by Franchisee, as applicable, to Customers for Solid Waste Handling Services provided.

HH. RECYCLABLE MATERIALS. "Recyclable Materials" means discarded Solid Waste which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.

II. RESIDUAL SOLID WASTE. “Residual Solid Waste” means the solid waste destined for disposal, transformation, further transfer/processing as defined in section 17402(a)(30) or (31) of the California Code of Regulations Title 14, Article 6, which remains after processing has taken place.

JJ. SB 1383. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

KK. SECURITY. "Security" means a corporate surety bond, a letter of credit or other security device acceptable to City, as provided in Section 9–F.

LL. SOLID WASTE. Except as provided in sub-subsections (1), (2), (3) and (4), "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances (subject to salvage and other special handling requirements under applicable law and regulation), dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, including Recyclable Materials and Green Waste.
(1) "Solid Waste" does not include Hazardous Waste and does not include low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code. (2) "Solid Waste" does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the California Health and Safety Code).
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36 (3) Solid Waste does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a particular Solid Waste Facility, any waste or material which a regulatory agency, the Facility's solid waste facility permit or City policy, does not allow to be accepted for transfer, Processing, composting, transformation or disposal at that Facility. (4) Solid Waste does not include items which would be Recyclable Materials but for the fact that they are personally separated from other Solid Waste by the generator thereof and are donated or sold to third parties. For purposes of this section, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on unsegregated Solid Waste containing such an item be deemed to be the donation or sale of such an item to a third party.

MM. SOLID WASTE FACILITY. "Solid Waste Facility” means any facility that is designed to manage any type of Solid Waste and includes transfer, Processing, composting, transformation and disposal facilities.

NN. SOLID WASTE FACILITY FEE. “Solid Waste Facility Fee” means the fee charged for use of a Solid Waste Facility.

OO. SOLID WASTE HANDLING. "Solid Waste Handling" means one or more of the following:
the collection of Solid Waste from a commercial, residential, construction or industrial source; the transportation of such Solid Waste to a Solid Waste Facility; and the transfer, Processing, composting, transformation or disposal of such Solid Waste at the Solid Waste Facility.

PP. SPECIAL WASTES. “Special Wastes” means all the items and materials which are designated as such in a Franchise Agreement.

QQ. TRANSFORMATION. “Transformation” as used in this Agreement shall have the same meaning as set forth in Public Resources Code Section 40201, as it may be amended from time to time.
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37 EXHIBIT “D-1” - FEES
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GARBAGE SERVICE Current
Monthly Rate
CPI
Residential Customers
1 - 96 Gallon Trash 10.00
1 - 96 Gallon Trash (Senior Rate) 9.00
Commercial Customers
Commercial 90 Gallon 13.43
2 Yard Bin 42.47
3 Yard Bin 64.50
4 Yard Bin 82.78
6 Yard Bin 127.93
2 Yard Bin 2 x week 84.93
3 Yard Bin 2 x week 129.00
4 Yard Bin 2 x week 165.55
6 Yard Bin 2 x week 255.85
Recycling Program
1 - 96 Gallon Recycle 3.45
3 Yard Bin 1 x week 26.88
3 Yard Bin 2 x week 32.25
Organics Program
1 - 96 Gallon Organics 1x week
1 - 96 Gallon Organics 2x week
Roll Off 172.00
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38 EXHIBIT “D-2” - FEES
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MVD Cost
10/1/2025
Residential
Residential 3-cart system 23.50
64 Gallon 3-cart system (Senior Rate) 21.00
Commercial Trash
Commercial 90 Gallon 22.50
2 Yard Bin 81.00
2 Yard Bin 2 x week 156.00
3 Yard Bin 123.00
3 Yard Bin 2 x week 210.00
4 Yard Bin 142.00
4 Yard Bin 2 x week 261.00
6 Yard Bin 196.00
6 Yard Bin 2 x week 375.00
Commercial Recycling Program
1 - 96 Gallon Recycle 10.80
3 Yard Bin 1 x week 76.50
3 Yard Bin 2 x week 121.50
Commercial Organics Program
1 - 96 Gallon Organics 1x week 19.70
1 - 96 Gallon Organics 2x week 36.00
2 Yard Bin 1 x week 135.00
Roll Off Service (per haul + tonnage) 267.00
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