City Contract No. 2026-061
City Project No. 23-069
06/10/2025
38. Execution and Counterparts: This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting sig natures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signature for the purposes of validity, enforceability, and admissibility.
39. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
40. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
41. Attorney’s Fees and Costs: Except as expres sly provided for in Section 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
42. Necessary Acts and Further Assurances: The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.
43. Recitals: The recitals set fort h above (“ Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 43 of this Agreement, Sections 1 through 43 shall prevail.
[Signatures on Following Page]
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
DIRT DYNASTY, INC., CITY OF TURLOCK,
a California corporation a municipal corporation
By: ____________________________ By: _____________________________ Susan E. Borrego, Interim City Manager
_______________________________
Print Name Date: ____________________________
Address:_________________________
_______________________________ APPROVED AS TO SUFFICIENCY:
_______________________________
Phone: __________________________ By: _____________________________ Christopher Fisher, Municipal Services
Director
Date: ___________________________
Federal Tax ID or Social Security No:
APPROVED AS TO FORM:
_______________________________
By: _____________________________
George A. Petrulakis, City Attorney
DIR Registration Number:
_______________________________ ATTEST:
Affix Contractor’s Seal Here By: _____________________________ Nichole Fiez, City Clerk
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
EXHIBIT A
SCOPE OF SERVICES
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City Contract No. 2026-061
City Project No. 23-069
06/10/2025
EXHIBIT B
PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.
A. Labor. Labor payment is full compensat ion for the cost of labor used in the direct performance of the work plus a fifteen percent (15%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:
1. Employer payment to the worker for:
1.1 Basic hourly wage
1.2 Health and welfare
1.3 Pension
1.4 Vacation
1.5 Training
1.6 Other State and federal recognized fringe benefit payments
2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:
2.1 Workers' compensation insurance
2.2 Social security
2.3 Medicare
2.4 Federal unemployment insurance
2.5 State unemployment insurance
2.6 State training taxes
3. Subsistence and travel allowances paid to the workers
4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
(b) Field office overhead
(c) Bond costs
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:
1. A fifteen percent (15%) markup is added;
2. Supplier discounts are subtracted whether the Contractor takes them or not;
3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;
4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:
4.1 Price paid by the purchaser for similar materials from that source on Contract items; and
4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:
5.1 During that period
5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:
1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.
2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.
3. Fifteen percent (15%) percent markup.
If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location.
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
If Contractor uses the equipment for work other than work paid by force acco unt, the transportation cost is included in the other work.
Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.
The City Engineer determines rental costs:
1. Using rates in Labor Surcharge and Equipment Rental Rates:
1.1. By classifying equipment using manufacturer's ratings and manufacturer - approved changes.
1.2. Current during the work paid by force account.
1.3. Regardless of equipment ownership but City uses the rental document rate s or minimum rental cost terms if:
1.3.1. Rented from equipment business Contractor does not own.
1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.
2. Using rates established by the City Engineer for equipment n ot listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:
2.1. Rented from equipment business Contractor does not own.
2.2. The City Engineer establishes a rate of $10.00 per hour or less.
3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.
Equipment rental rates include the cost of:
1. Fuel 7. Repairs and maintenance
2. Oil 8. Depreciation
3. Lubrication 9. Storage
4. Supplies 10. Insurance
5. Small tools that are not consumed by use 11. Incidentals
6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.
The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:
1. Contractor submits a request to use rented equipment
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
2. Equipment is not available from Contractor’s no rmal sources or from one of Contractor’s subcontractors
3. Rented equipment is from an independent rental company
4. Proposed equipment rental rate is reasonable
5. The City Engineer authorizes the equi pment source and the rental rate before Contractor uses the equipment
D. Equipment on the Job Site . For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:
1. To move the equipment to the location o f work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed
2. To load and unload equipment
3. Equipment is operated to perform work paid by force account and:
3.1. Hourly rates are paid in 1/2-hour increments
3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not o n the Job Site Required for Original -Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for original- Contract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.
The minimum total time paid is:
1. 1 day if daily rates are paid
2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:
1. Idled is paid as 1/2 day
2. Operated four (4) hours or less is paid as 1/2 day
3. Operated four (4) hours or more is paid as one (1) day
If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table.
The table does not a pply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.
Equipment Rental Hours
Hours
operated
Hours
paid
0.0 4.00
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
0.5 4.25
1.0 4.50
1.5 4.75
2.0 5.00
2.5 5.25
3.0 5.50
3.5 5.75
4.0 6.00
4.5 6.25
5.0 6.50
5.5 6.75
6.0 7.00
6.5 7.25
7.0 7.5
7.5 7.75
≥8.0 hours
used
F. Equipment Not o n the Job Site Not Required for Original -Contract Work . For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:
1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed
2. To load and unload equipment
3. Equipment is operated to perform work paid by force account
G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for non- owner-operated dump truck rental to City . The City Engineer shall determine the payment rate.
Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non -owner-operated dump truck is rental equipment and the owner is a subcontractor.
The above markups shall constitute full compensation for a ll home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provid ed above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.
When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to th e total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
EXHIBIT C
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):
Business Phone: ( )
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
EXHIBIT D
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock, State of California, has awarded to Dirt Dynasty, Inc., hereinafter designated as the “Principal,” a contract for Project No. 23-069”; and
WHEREAS, said Principal is required under the terms of said contract to furni sh a bond for the faithful performance of said contract.
NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the City of Turlock in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if t he above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Turlock, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
And the Surety, for value received hereby stipulates and agrees that, in accordance with t he Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.
The City of Turlock reserves the rig ht to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 20_ _, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY : There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:
Risk Manager
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
EXHIBIT E
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Turlock , a municipal corporation, has awarded to Dirt Dynasty, Inc. , hereinafter designated as the “Principal”, a contract for Project No. 23-069; and
WHEREAS, said Principal is required to furnish a bond in connectio n with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.
NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Turlock in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Turlock under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to t he Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of Calif ornia so as to give a right of action to them or their assigns in any suit brought upon this bond.
Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications.
[Signatures on Following Page]
City Contract No. 2026-061
City Project No. 23-069
06/10/2025
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__ , the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY : There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:
Risk Manager
City Council Staff Report
September 23, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Fred Pezeshk, P.E., Roads Program Manager
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving Amendment No. 15 for Task Order No. 6A under the terms of the Master Agreement (City Contract No. 2024-111) with NV5, Inc. (Fresno, California office) for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $1,156,506.41 to be funded by Fund 115 “Measure A – Roads” for City Project No. 23-069 as “NV5 CM Task Order No. 6A for City Project No. 23- 069”
2. NARRATIVE:
On February 27, 2024, the City Council approved a Master Agreement for Construction Management and Inspection Services with NV5, Inc. (City Contract No. 2024-111). The Agreement stipulates that the scope of services and fees associated with specific projects will be agreed upon through task orders approved under the terms of the Master Agreement.
Scope of services for construction management and inspection is described in three (3) activity components: Pre-Construction, Construction Management and Inspection, and Post- Construction. “Pre-Construction” activities ensure that the projects are properly set up and organized in the lead-up to start of construction. Activities such as constructability reviews, file reviews and set-up, scheduling, and pre-construction conference with the contractor take place during this stage. “Construction Management and Inspection” activities during the actual construction of the projects will ensure, in general, that the contractor is complying with the contractual requirements, that the work is constructed in compliance with the bid documents, that the quantities of work are measured accurately for proper payment to the contractor, and that issues encountered in the field are resolved in a timely fashion. “Post- Construction” activities ensure that as-built plans are prepared to document and accurately reflect the project as actually constructed and that contract records are adequately and properly organized and complete.
On May 27, 2025, the City Council approved Task Order No. 6 as an Amendment under the terms of the Master Agreement to provide Construction Management and Inspection Services for City Project No. 23-069. Since the design was still ongoing at the time, the Task Order only included the scope and fee for “Pre- Construction” activities.
With the completion of the design, critical items, such as the final scope of construction work, the engineer’s estimate of probable construction costs, sequencing of construction, and the number of working days, were determined and a detailed scope of services for the remaining activities could then be developed.
Therefore, the proposed amendment includes the scope of services and fee associated with “Construction Management and Inspection” and “Post-Construction Services” activities for
Agenda Staff Report
9/23/2025
City Project No. 23-069 which includes the following street sections:
City Project No. 23-069
Street Name From To Length (ft) District
The Burl North End Chestnut St. 374.00 2
Florence St. N. 1st St. West Ave. North 2,785.00 2 N. Beech St. W. Main St. Park St. 1,388.00 2
Clifford Ave. W. Main St. Park St. 1,351.00 2
W. Olive Ave. Lander Ave. West Ave. North 2,532.00 2 Angelus St. S. Soderquist Rd. Lander Ave. 3,848.00 2 S. Orange St. Lewis St. Montana Ave. 519.00 2 South Ave. Bernell Ave. 718.00 2
Bernell Ave. Bethany Ave. S. Orange St. 400.00 2 Total Length (ft) 13,915.00
“Construction Management and Inspection” and “Post-Construction Services” activities will commence shortly after the award of bid for each bid package and will continue throughout the construction period.
The proposed Amendment is essential to ensuring that adequate resources are available for advancing the construction of Roads Program CIP projects.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The fiscal impact of the proposed Amendment No. 15 for NV5 CM Task Order No. 6A will be $1,156,506.41 which will be funded from Fund 115 “Measure A – Roads”, account number 115-10-115.43327 “Construction Management.” The cumulative fiscal impact, including the previous Amendment is estimated to be $1,225,503.31.
City Project No. 23-069
Amendment No. 12 for CM Task Order No. 6 $ 68,996.90 Amendment No. 15 for CM Task Order No. 6A (Proposed) $1,156,506.41 Total Estimated Fiscal Impact $1,225,503.31
4. ENVIRONMENTAL DETERMINATION:
Approving the amendment for the task order described above will not have a direct or reasonably foreseeable indirect physical change in the environment. Therefore, the proposed actions are not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) because they consist of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Amendment 15 for Task Order 6A with NV5, Inc.
City Council Staff Report
September 23, 2025
From: Sue Borrego, Interim City Manager
Prepared by: Jennifer Figueroa, Housing Program Manager Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving an agreement in a form approved by the City Attorney (City Contract No.2026-055) with WFG National Title Insurance Company, in response to RFP 24-028, for professional title, closing and related services for a period of three (3) years, in a total not-to-exceed $150,000
2. NARRATIVE:
The Housing Division is committed to creating and preserving affordable housing in the community. A critical component of this effort includes the rehabilitation of owner-occupied housing and the disposition of City-owned residential properties. Currently, the City of Turlock (City) owns five (5) residential dwellings that need to be sold, and processing rehabilitation loans requires expert assistance with real estate transactions.
To meet these needs, staff issued a Request for Proposal (RFP) No. 24-028 on July 3, 2025, for professional title, closing and related services. The deadline for submission was August 7, 2025. The scope of services in the RFP included:
• Escrow Services
• Title services
• Closing and recordation services
Proposals were evaluated on the following criteria, with a total of 100 points possible:
• Qualifications and Experience – 35 points
• Approach to Providing the Requested Scope of Services – 35 points • Innovation/Creative Approach – 15 points
• References – 15 points
By the proposal deadline, the City received one (1) proposal, which was reviewed and evaluated by a panel consisting of two (2) City Division Managers and one (1) Housing Division staff member. Based on a thorough evaluation of the proposal, it was determined that WFG National Title Insurance Company demonstrated the qualifications, experience, and capacity necessary to deliver the requested services effectively.
3. FISCAL IMPACT / BUDGET AMENDMENT:
There are sufficient funds in the Fund 255- CDBG budget to support this contract.
Agenda Staff Report
9/23/2025
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. PSA WFG Revised 9-8-25 - FINAL
Page | 1
AGREEMENT BETWEEN THE CITY OF TURLOCK
and
WFG National Title Insurance Company
for
PROFESSIONAL TITLE, CLOSING AND RELATED SERVICES
City Contract No. 2026-055
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and WFG National Title Insurance Company , a Florida corporation (“Professional”), on this 23rd day of September 2025 (the “Commencement Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the escrow, title, closing, and related services for City real estate transactions (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services in Exhibit A attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the schedule or timeline for providing the Services (“Completion Schedule ”), which shall be included in the Scope of Services in Exhibit A .
D. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.
NOW, THEREFORE, in consideration o f the promises and covenants set forth below , the Parties agree as follows:
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AGREEMENT
1. Recitals. The recitals set forth above (“ Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section s 1 through 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term. The term of this Agreement shall be one (1) year and will commence on the Commencement Date and terminate on the 23rd day of September, 20 26 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. City may elect to extend this Agreement for two (2) additional one (1) year terms, on the same terms and conditions, upon issuing an “Election to Extend Agreement” letter executed by the City Manager and Professional thirty (30) days prior to the expiration of this Agreement.
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement.
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “ Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services . City may, by written order, authorize Modifications to the Services described in Exhibit A. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
5.3. Professional Requested Modification in Services . Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to th e commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
Page | 3
(1) be supported by substantial evidence that the work is outside the Services; (2) set forth th e Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Professional Services . City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Commencement Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is no t acceptable. City’s annual compensation to Professional shall not exceed Fifty Thousand and No/100ths Dollars ($ 50,000) and total compensation to Professional shall not exceed One Hundred Fifty Thousand and No/100ths Dollars ($150,000) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. {Intentionally Omitted}
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services , including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s c ustomary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.
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8. Time of Performance . Professional warrants that it will commence performance of the Services within ten (10) calendar days of the date the agreement was executed and shall conform to the Completion Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
9. City Assistance to Professional. {Intentionally Omitted}
10. Time and Personnel Devoted to Services . Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting . Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Professional . City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified.
Professional and all sub contractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all time s during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.
12.2. Professional Performance . Professional represents tha t all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
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12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re -perform or replace unsatisfac tory Service, including , but not limited to , cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety . Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b ) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
13.1 Compliance with Federal Requirements. Professional agrees to comply with all applicable federal statutes, regulations, and requirements, including but not limited to:
• 2 CFR Part 200 (Uniform Guidance) procurement and cost principles;
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• Equal Employment Opportunity (41 CFR Part 60);
• Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352);
• Debarment and Suspension (2 CFR Part 180).
Professional certifies it is not debarred, suspended, or otherwise excluded from participation in federal programs.
14. Contact by Professional with Project Owner or Project Applicant . Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contract Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.
15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Service s on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be d isclosed. This exception is limited to the extent di sclosure is required under law.
16. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “ Force Majeure ” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or o ther catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
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17. Assignment Prohibited. No Party to this Agreement may assign any r ight or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such fin ancial information that, in the judgment of the City Manager , is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
If the Parties are unable to agree upon the amount of ext ra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the inter ruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services a nd perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
19. Ownership of Work Product . Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created b y Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of i ts experience and capabilities.
All Products shall become the property of City irrespe ctive of where located or stored , and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
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All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts , shall be deliv ered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.
In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Profession al and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) cale ndar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement.
(c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance . If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date
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of such cancellation. If City cancels this Agreement for breach and it is sub sequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the rig ht to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
23. Non-Discrimination. In its perf ormance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub -contractors will include language as requi red by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub -contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
24. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project , shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “ Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute , or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
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The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) c alendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration , each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure.
(c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein.
(d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
25. Insurance Coverage. During the Term, the Professional, at its own cost and expense, shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance. Professional shall maintain coverage as follows:
25.1. Commercial General Liability . Professional shall carry commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in the amount of no less than Two Million Dollars ($2,000,000.00) per occurrence , Four Million Dollars ($ 4,000,000.00) general aggregate, and Two Million Dollars ($ 2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).
25.2. Workers’ Compensation Insurance and Employer's Liability . Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for
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bodily injury by disease, and a One Million Dollar s ($1,000,000.00) limit for each employee’s bodily injury by disease.
25.3. Professional Liability. Professional shall carry professional liability insurance that insures against professional errors and omissions that may be made in performing professional services in the amount of no less than Two Million Dollars ($2,000,000.00) per claim and in the aggregate or greater if appropriate for the Professional's profession.
25.4. Commercial Automobile Liability . Professional shall carry commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent) in the amount of no less than Two Million Dollars ($ 2,000,000.00) or greater per accident for owned, leased, hired, and non-owned, borrowed automobiles.
25.5. Umbrella or Excess Policy. Professional may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance coverage or policies maintained by the City (“Additional Insured”), whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.
25.6. Waiver of Subrogation. With the exception of professional liability, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy , automobile liability policy, and workers’ compensation policy shall be end orsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors and subcontractors. Professional shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Professional agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
26. Additional Insurance Requirements. Within five (5) days of the Commencement Date, Professional shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such Certificates and Endorsements shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies . With the exception of the workers ’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional and shall be endorsed to state such ; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) allow and be endorsed primary with respect to any insurance or self-insurance programs
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covering City or City’s Agents and any insurance or self -insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; ( e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
27. Indemnification by Professional . To the fullest extent permitted by law , Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to , or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Profe ssional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless , and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, reckless or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
29. Independent Contractor. At all times during the Term, Professional sh all be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
32. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice
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to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: Susan E. Borrego, Interim City Manager
156 S. Broadway, Suite 230
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Professional: WFG National Title Insurance Company Attn: General Counsel
12909 SW 68th Parkway, Suite 350
Portland, Oregon 97223
and
33. City Contract Administrator . City’s contract administrator and contact person for this Agreement is:
City of Turlock
Att: Jennifer Figueroa, Housing Manager
156 S. Broadway, Suite 140
Turlock, California 95380
Telephone: (209) 668-5610
E-mail: [email protected]
34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
35. Use of City Project Number. {Intentionally Omitted}
36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
37. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the
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breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part , to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revis ion of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered inva lid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Commencement Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
44. Execution and Counterparts. This Agreement may be executed simultaneously , and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signature s appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
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45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
46. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written.
47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
49. Successors and Assigns . All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto , shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement , including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
53. Time is of the Essence . Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
WFG NATIONAL TITLE INSURANCE
COMPANY, a Florida corporation
By:
Print Name:
Title:
Date
CITY OF TURLOCK, a California
municipal corporation
By:
Susan E. Borrego, Interim City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Susan E. Borrego, Interim City Manager
Date:________________________________
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
Date:________________________________
ATTEST:
By:
Nichole Fiez, City Clerk
Date:_______________________________
EXHIBIT A – SCOPE OF SERVICES
1. Escrow Services
Provide escrow services consistent with those typically offered in California real estate transactions, including but not limited to:
A. Obtaining partial or full reconveyances of deeds of trust.
B. Recording grant deeds, certificates of acceptance, memoranda of agreements, and similar documents related to real property transfers.
C. Coordinating with involved parties to ensure proper disbursement of funds and execution of documents.
D. Performing other escrow-related services as may be required by the City.
2. Title Services
Upon request by the City, provide title-related services, including but not limited to:
A. Delivering preliminary title reports and conducting titles searches within 5 to 10 business days of request.
B. Providing electronic copies of all documentation evidencing property ownership, with a summary explanation of title report and findings.
C. Identifying and explaining any title issues, clouds on title, or missing documentation in the public record.
D. Issuing the title insurance policies as needed.
E. Performing other title-related services as may be required by the City.
3. Closing and Recordation Services
Support the City in connection with all loan closings and related real estate transactions, including but not limited to:
A. Reviewing loan closing documents for accuracy and completeness.
B. Coordinating execution and notarization of required documents.
C. Recording all required documents with the appropriate County Recorder’s Office within 5 to 10 business days.
D. Ensuring issuance of final title insurance policies post-closing.
4. Additional Services
Provide other related title, escrow, or closing services as requested by the City.
5. Federal Requirements
Requirements imposed on the subrecipient so that the Federal award issued in accordance with Federal statues, regulations, and the terms and conditions of the Federal award. All expenditure incurred in connection with the scope of work must comply with 2 CFR 200.
EXPLANATION OF PARTIAL FEE SCHEDULE TERMS
COLUMN 1 & 2 - Amount of Insurance
Total amount of insurance in $5,000 increments.
COLUMN 3 - Basic Rate
This is the rate for a CLTA Standard Coverage Policy.
COLUMN 4 - Homeowner’s Rate
This is an expanded coverage owner’s policy for improved one- to-four family residential units. Certain coverages are subject to a deductible and maximum dollar limit of liability.
COLUMN 5 - Concurrent Rate
This is the rate for an ALTA Loan Policy issued concurrently with an owner’s policy of equal or greater amount of insurance.
COLUMN 6 - Escrow Fee, All-Inclusive Escrow Rate (per
Section 10.9.1 of the California Rate Manual)
WFG ONLINE RATE CALCULATOR
Link: https://california.wfgnationaltitle.com/rates
WFG DISCOUNTS
Senior Citizen, First Time Home Buyer and Military.
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$0 $100,000 $600 $660 $444 $1,180
$100,001 $105,000 $642 $707 $454 $1,282
$105,001 $110,000 $654 $720 $454 $1,282
$110,001 $115,000 $666 $733 $464 $1,282
$115,001 $120,000 $678 $746 $464 $1,282
$120,001 $125,000 $690 $759 $474 $1,282
$125,001 $130,000 $702 $773 $474 $1,282
$130,001 $135,000 $714 $786 $484 $1,282
$135,001 $140,000 $726 $799 $484 $1,282
$140,001 $145,000 $738 $812 $494 $1,282
$145,001 $150,000 $750 $825 $494 $1,282
$150,001 $155,000 $760 $836 $504 $1,282
$155,001 $160,000 $770 $847 $504 $1,282
$160,001 $165,000 $780 $858 $514 $1,282
$165,001 $170,000 $790 $869 $514 $1,282
$170,001 $175,000 $800 $880 $523 $1,282
$175,001 $180,000 $810 $891 $523 $1,282
$180,001 $185,000 $820 $902 $534 $1,282
$185,001 $190,000 $830 $913 $534 $1,282
$190,001 $195,000 $840 $924 $550 $1,282
$195,001 $200,000 $850 $935 $550 $1,282
$200,001 $205,000 $860 $946 $555 $1,396
$205,001 $210,000 $870 $957 $555 $1,396
$210,001 $215,000 $880 $968 $565 $1,396
$215,001 $220,000 $890 $979 $565 $1,396
$220,001 $225,000 $900 $990 $575 $1,396
$225,001 $230,000 $910 $1,001 $575 $1,396
$230,001 $235,000 $920 $1,012 $585 $1,396
$235,001 $240,000 $930 $1,023 $585 $1,396
$240,001 $245,000 $940 $1,034 $597 $1,396
$245,001 $250,000 $950 $1,045 $597 $1,396
$250,001 $255,000 $960 $1,056 $608 $1,396
$255,001 $260,000 $970 $1,067 $608 $1,396
$260,001 $265,000 $980 $1,078 $619 $1,396
$265,001 $270,000 $990 $1,089 $619 $1,396
$270,001 $275,000 $1,000 $1,100 $631 $1,396
$275,001 $280,000 $1,010 $1,111 $631 $1,396
$280,001 $285,000 $1,020 $1,122 $642 $1,396
$285,001 $290,000 $1,030 $1,133 $642 $1,396
$290,001 $295,000 $1,040 $1,144 $653 $1,396
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$295,001 $300,000 $1,050 $1,155 $653 $1,396
$300,001 $305,000 $1,060 $1,166 $657 $1,540
$305,001 $310,000 $1,070 $1,177 $657 $1,540
$310,001 $315,000 $1,080 $1,188 $671 $1,540
$315,001 $320,000 $1,090 $1,199 $671 $1,540
$320,001 $325,000 $1,100 $1,210 $684 $1,540
$325,001 $330,000 $1,110 $1,221 $684 $1,540
$330,001 $335,000 $1,120 $1,232 $698 $1,540
$335,001 $340,000 $1,130 $1,243 $698 $1,540
$340,001 $345,000 $1,140 $1,254 $711 $1,540
$345,001 $350,000 $1,150 $1,265 $711 $1,540
$350,001 $355,000 $1,160 $1,276 $724 $1,540
$355,001 $360,000 $1,170 $1,287 $724 $1,540
$360,001 $365,000 $1,180 $1,298 $738 $1,540
$365,001 $370,000 $1,190 $1,309 $738 $1,540
$370,001 $375,000 $1,200 $1,320 $751 $1,540
$375,001 $380,000 $1,210 $1,331 $751 $1,540
$380,001 $385,000 $1,220 $1,342 $764 $1,540
$385,001 $390,000 $1,230 $1,353 $764 $1,540
$390,001 $395,000 $1,240 $1,364 $777 $1,540
$395,001 $400,000 $1,250 $1,375 $777 $1,540
$400,001 $405,000 $1,260 $1,386 $802 $1,684
$405,001 $410,000 $1,270 $1,397 $802 $1,684
$410,001 $415,000 $1,280 $1,408 $816 $1,684
$415,001 $420,000 $1,290 $1,419 $816 $1,684
$420,001 $425,000 $1,300 $1,430 $829 $1,684
$425,001 $430,000 $1,310 $1,441 $829 $1,684
$430,001 $435,000 $1,320 $1,452 $842 $1,684
$435,001 $440,000 $1,330 $1,463 $842 $1,684
$440,001 $445,000 $1,340 $1,474 $856 $1,684
$445,001 $450,000 $1,350 $1,485 $856 $1,684
$450,001 $455,000 $1,360 $1,496 $869 $1,684
$455,001 $460,000 $1,370 $1,507 $869 $1,684
$460,001 $465,000 $1,380 $1,518 $882 $1,684
$465,001 $470,000 $1,390 $1,529 $882 $1,684
$470,001 $475,000 $1,400 $1,540 $896 $1,684
$475,001 $480,000 $1,410 $1,551 $896 $1,684
$480,001 $485,000 $1,420 $1,562 $909 $1,684
$485,001 $490,000 $1,430 $1,573 $909 $1,684
$490,001 $495,000 $1,440 $1,584 $922 $1,684
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$495,001 $500,000 $1,450 $1,595 $922 $1,684
$500,001 $505,000 $1,453 $1,599 $930 $1,834
$505,001 $510,000 $1,455 $1,601 $930 $1,834
$510,001 $515,000 $1,458 $1,604 $940 $1,834
$515,001 $520,000 $1,460 $1,606 $940 $1,834
$520,001 $525,000 $1,463 $1,610 $950 $1,834
$525,001 $530,000 $1,465 $1,612 $950 $1,834
$530,001 $535,000 $1,468 $1,615 $960 $1,834
$535,001 $540,000 $1,470 $1,617 $960 $1,834
$540,001 $545,000 $1,472 $1,620 $970 $1,834
$545,001 $550,000 $1,480 $1,628 $970 $1,834
$550,001 $555,000 $1,488 $1,637 $980 $1,834
$555,001 $560,000 $1,496 $1,646 $980 $1,834
$560,001 $565,000 $1,504 $1,655 $990 $1,834
$565,001 $570,000 $1,512 $1,664 $990 $1,834
$570,001 $575,000 $1,520 $1,672 $1,000 $1,834
$575,001 $580,000 $1,528 $1,681 $1,000 $1,834
$580,001 $585,000 $1,536 $1,690 $1,010 $1,834
$585,001 $590,000 $1,544 $1,699 $1,010 $1,834
$590,001 $595,000 $1,552 $1,708 $1,020 $1,834
$595,001 $600,000 $1,560 $1,716 $1,020 $1,834
$600,001 $605,000 $1,568 $1,725 $1,028 $1,954
$605,001 $610,000 $1,576 $1,734 $1,028 $1,954
$610,001 $615,000 $1,584 $1,743 $1,038 $1,954
$615,001 $620,000 $1,592 $1,752 $1,038 $1,954
$620,001 $625,000 $1,600 $1,760 $1,048 $1,954
$625,001 $630,000 $1,608 $1,769 $1,048 $1,954
$630,001 $635,000 $1,616 $1,778 $1,058 $1,954
$635,001 $640,000 $1,624 $1,787 $1,058 $1,954
$640,001 $645,000 $1,632 $1,796 $1,068 $1,954
$645,001 $650,000 $1,640 $1,804 $1,068 $1,954
$650,001 $655,000 $1,648 $1,813 $1,078 $1,954
$655,001 $660,000 $1,656 $1,822 $1,078 $1,954
$660,001 $665,000 $1,664 $1,831 $1,088 $1,954
$665,001 $670,000 $1,672 $1,840 $1,088 $1,954
$670,001 $675,000 $1,680 $1,848 $1,098 $1,954
$675,001 $680,000 $1,688 $1,857 $1,098 $1,954
$680,001 $685,000 $1,696 $1,866 $1,108 $1,954
$685,001 $690,000 $1,704 $1,875 $1,108 $1,954
$690,001 $695,000 $1,712 $1,884 $1,118 $1,954
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$695,001 $700,000 $1,720 $1,892 $1,118 $1,954
$700,001 $705,000 $1,728 $1,901 $1,126 $2,074
$705,001 $710,000 $1,736 $1,910 $1,126 $2,074
$710,001 $715,000 $1,744 $1,919 $1,136 $2,074
$715,001 $720,000 $1,752 $1,928 $1,136 $2,074
$720,001 $725,000 $1,760 $1,936 $1,146 $2,074
$725,001 $730,000 $1,768 $1,945 $1,146 $2,074
$730,001 $735,000 $1,776 $1,954 $1,156 $2,074
$735,001 $740,000 $1,784 $1,963 $1,156 $2,074
$740,001 $745,000 $1,792 $1,972 $1,166 $2,074
$745,001 $750,000 $1,800 $1,980 $1,166 $2,074
$750,001 $755,000 $1,806 $1,987 $1,176 $2,074
$755,001 $760,000 $1,812 $1,994 $1,176 $2,074
$760,001 $765,000 $1,818 $2,000 $1,186 $2,074
$765,001 $770,000 $1,824 $2,007 $1,186 $2,074
$770,001 $775,000 $1,830 $2,013 $1,196 $2,074
$775,001 $780,000 $1,836 $2,020 $1,196 $2,074
$780,001 $785,000 $1,842 $2,027 $1,206 $2,074
$785,001 $790,000 $1,848 $2,033 $1,206 $2,074
$790,001 $795,000 $1,854 $2,040 $1,216 $2,074
$795,001 $800,000 $1,860 $2,046 $1,216 $2,074
$800,001 $805,000 $1,866 $2,053 $1,226 $2,194
$805,001 $810,000 $1,872 $2,060 $1,226 $2,194
$810,001 $815,000 $1,878 $2,066 $1,236 $2,194
$815,001 $820,000 $1,884 $2,073 $1,236 $2,194
$820,001 $825,000 $1,890 $2,079 $1,246 $2,194
$825,001 $830,000 $1,896 $2,086 $1,246 $2,194
$830,001 $835,000 $1,902 $2,093 $1,256 $2,194
$835,001 $840,000 $1,908 $2,099 $1,256 $2,194
$840,001 $845,000 $1,914 $2,106 $1,266 $2,194
$845,001 $850,000 $1,920 $2,112 $1,266 $2,194
$850,001 $855,000 $1,926 $2,119 $1,273 $2,194
$855,001 $860,000 $1,932 $2,126 $1,273 $2,194
$860,001 $865,000 $1,938 $2,132 $1,280 $2,194
$865,001 $870,000 $1,944 $2,139 $1,280 $2,194
$870,001 $875,000 $1,950 $2,145 $1,287 $2,194
$875,001 $880,000 $1,956 $2,152 $1,287 $2,194
$880,001 $885,000 $1,962 $2,159 $1,294 $2,194
$885,001 $890,000 $1,968 $2,165 $1,294 $2,194
$890,001 $895,000 $1,974 $2,172 $1,301 $2,194
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$895,001 $900,000 $1,980 $2,178 $1,301 $2,194
$900,001 $905,000 $1,986 $2,185 $1,308 $2,314
$905,001 $910,000 $1,992 $2,192 $1,308 $2,314
$910,001 $915,000 $1,998 $2,198 $1,315 $2,314
$915,001 $920,000 $2,004 $2,205 $1,315 $2,314
$920,001 $925,000 $2,010 $2,211 $1,322 $2,314
$925,001 $930,000 $2,016 $2,218 $1,322 $2,314
$930,001 $935,000 $2,022 $2,225 $1,329 $2,314
$935,001 $940,000 $2,028 $2,231 $1,329 $2,314
$940,001 $945,000 $2,034 $2,238 $1,336 $2,314
$945,001 $950,000 $2,040 $2,244 $1,336 $2,314
$950,001 $955,000 $2,046 $2,251 $1,343 $2,314
$955,001 $960,000 $2,052 $2,258 $1,343 $2,314
$960,001 $965,000 $2,058 $2,264 $1,350 $2,314
$965,001 $970,000 $2,064 $2,271 $1,350 $2,314
$970,001 $975,000 $2,070 $2,277 $1,357 $2,314
$975,001 $980,000 $2,076 $2,284 $1,357 $2,314
$980,001 $985,000 $2,082 $2,291 $1,364 $2,314
$985,001 $990,000 $2,088 $2,297 $1,364 $2,314
$990,001 $995,000 $2,094 $2,304 $1,371 $2,314
$995,001 $1,000,000 $2,100 $2,310 $1,371 $2,314
$1,000,001 $1,005,000 $2,255 $2,481 $1,376 $2,434
$1,005,001 $1,010,000 $2,260 $2,486 $1,376 $2,434
$1,010,001 $1,015,000 $2,265 $2,492 $1,381 $2,434
$1,015,001 $1,020,000 $2,270 $2,497 $1,381 $2,434
$1,020,001 $1,025,000 $2,275 $2,503 $1,386 $2,434
$1,025,001 $1,030,000 $2,280 $2,508 $1,386 $2,434
$1,030,001 $1,035,000 $2,285 $2,514 $1,391 $2,434
$1,035,001 $1,040,000 $2,290 $2,519 $1,391 $2,434
$1,040,001 $1,045,000 $2,295 $2,525 $1,396 $2,434
$1,045,001 $1,050,000 $2,300 $2,530 $1,396 $2,434
$1,050,001 $1,055,000 $2,305 $2,536 $1,401 $2,434
$1,055,001 $1,060,000 $2,310 $2,541 $1,401 $2,434
$1,060,001 $1,065,000 $2,315 $2,547 $1,406 $2,434
$1,065,001 $1,070,000 $2,320 $2,552 $1,406 $2,434
$1,070,001 $1,075,000 $2,325 $2,558 $1,411 $2,434
$1,075,001 $1,080,000 $2,330 $2,563 $1,411 $2,434
$1,080,001 $1,085,000 $2,335 $2,569 $1,416 $2,434
$1,085,001 $1,090,000 $2,340 $2,574 $1,416 $2,434
$1,090,001 $1,095,000 $2,345 $2,580 $1,421 $2,434
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$1,095,001 $1,100,000 $2,350 $2,585 $1,421 $2,434
$1,100,001 $1,105,000 $2,355 $2,591 $1,426 $2,482
$1,105,001 $1,110,000 $2,360 $2,596 $1,426 $2,482
$1,110,001 $1,115,000 $2,365 $2,602 $1,431 $2,482
$1,115,001 $1,120,000 $2,370 $2,607 $1,431 $2,482
$1,120,001 $1,125,000 $2,375 $2,613 $1,436 $2,482
$1,125,001 $1,130,000 $2,380 $2,618 $1,436 $2,482
$1,130,001 $1,135,000 $2,385 $2,624 $1,441 $2,482
$1,135,001 $1,140,000 $2,390 $2,629 $1,441 $2,482
$1,140,001 $1,145,000 $2,395 $2,635 $1,446 $2,482
$1,145,001 $1,150,000 $2,400 $2,640 $1,446 $2,482
$1,150,001 $1,155,000 $2,405 $2,646 $1,451 $2,482
$1,155,001 $1,160,000 $2,410 $2,651 $1,451 $2,482
$1,160,001 $1,165,000 $2,415 $2,657 $1,456 $2,482
$1,165,001 $1,170,000 $2,420 $2,662 $1,456 $2,482
$1,170,001 $1,175,000 $2,425 $2,668 $1,461 $2,482
$1,175,001 $1,180,000 $2,430 $2,673 $1,461 $2,482
$1,180,001 $1,185,000 $2,435 $2,679 $1,466 $2,482
$1,185,001 $1,190,000 $2,440 $2,684 $1,466 $2,482
$1,190,001 $1,195,000 $2,445 $2,690 $1,471 $2,482
$1,195,001 $1,200,000 $2,450 $2,695 $1,471 $2,482
$1,200,001 $1,205,000 $2,455 $2,701 $1,476 $2,530
$1,205,001 $1,210,000 $2,460 $2,706 $1,476 $2,530
$1,210,001 $1,215,000 $2,465 $2,712 $1,481 $2,530
$1,215,001 $1,220,000 $2,470 $2,717 $1,481 $2,530
$1,220,001 $1,225,000 $2,475 $2,723 $1,486 $2,530
$1,225,001 $1,230,000 $2,480 $2,728 $1,486 $2,530
$1,230,001 $1,235,000 $2,485 $2,734 $1,491 $2,530
$1,235,001 $1,240,000 $2,490 $2,739 $1,491 $2,530
$1,240,001 $1,245,000 $2,495 $2,745 $1,496 $2,530
$1,245,001 $1,250,000 $2,500 $2,750 $1,496 $2,530
$1,250,001 $1,255,000 $2,505 $2,756 $1,501 $2,530
$1,255,001 $1,260,000 $2,510 $2,761 $1,501 $2,530
$1,260,001 $1,265,000 $2,515 $2,767 $1,506 $2,530
$1,265,001 $1,270,000 $2,520 $2,772 $1,506 $2,530
$1,270,001 $1,275,000 $2,525 $2,778 $1,511 $2,530
$1,275,001 $1,280,000 $2,530 $2,783 $1,511 $2,530
$1,280,001 $1,285,000 $2,535 $2,789 $1,516 $2,530
$1,285,001 $1,290,000 $2,540 $2,794 $1,516 $2,530
$1,290,001 $1,295,000 $2,545 $2,800 $1,521 $2,530
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$1,295,001 $1,300,000 $2,550 $2,805 $1,521 $2,530
$1,300,001 $1,305,000 $2,555 $2,811 $1,526 $2,554
$1,305,001 $1,310,000 $2,560 $2,816 $1,526 $2,554
$1,310,001 $1,315,000 $2,565 $2,822 $1,531 $2,554
$1,315,001 $1,320,000 $2,570 $2,827 $1,531 $2,554
$1,320,001 $1,325,000 $2,575 $2,833 $1,536 $2,554
$1,325,001 $1,330,000 $2,580 $2,838 $1,536 $2,554
$1,330,001 $1,335,000 $2,585 $2,844 $1,541 $2,554
$1,335,001 $1,340,000 $2,590 $2,849 $1,541 $2,554
$1,340,001 $1,345,000 $2,595 $2,855 $1,546 $2,554
$1,345,001 $1,350,000 $2,600 $2,860 $1,546 $2,554
$1,350,001 $1,355,000 $2,605 $2,866 $1,551 $2,554
$1,355,001 $1,360,000 $2,610 $2,871 $1,551 $2,554
$1,360,001 $1,365,000 $2,615 $2,877 $1,556 $2,554
$1,365,001 $1,370,000 $2,620 $2,882 $1,556 $2,554
$1,370,001 $1,375,000 $2,625 $2,888 $1,561 $2,554
$1,375,001 $1,380,000 $2,630 $2,893 $1,561 $2,554
$1,380,001 $1,385,000 $2,635 $2,899 $1,566 $2,554
$1,385,001 $1,390,000 $2,640 $2,904 $1,566 $2,554
$1,390,001 $1,395,000 $2,645 $2,910 $1,571 $2,554
$1,395,001 $1,400,000 $2,650 $2,915 $1,571 $2,554
$1,400,001 $1,405,000 $2,655 $2,921 $1,576 $2,578
$1,405,001 $1,410,000 $2,660 $2,926 $1,576 $2,578
$1,410,001 $1,415,000 $2,665 $2,932 $1,581 $2,578
$1,415,001 $1,420,000 $2,670 $2,937 $1,581 $2,578
$1,420,001 $1,425,000 $2,675 $2,943 $1,586 $2,578
$1,425,001 $1,430,000 $2,680 $2,948 $1,586 $2,578
$1,430,001 $1,435,000 $2,685 $2,954 $1,591 $2,578
$1,435,001 $1,440,000 $2,690 $2,959 $1,591 $2,578
$1,440,001 $1,445,000 $2,695 $2,965 $1,596 $2,578
$1,445,001 $1,450,000 $2,700 $2,970 $1,596 $2,578
$1,450,001 $1,455,000 $2,705 $2,976 $1,601 $2,578
$1,455,001 $1,460,000 $2,710 $2,981 $1,601 $2,578
$1,460,001 $1,465,000 $2,715 $2,987 $1,606 $2,578
$1,465,001 $1,470,000 $2,720 $2,992 $1,606 $2,578
$1,470,001 $1,475,000 $2,725 $2,998 $1,611 $2,578
$1,475,001 $1,480,000 $2,730 $3,003 $1,611 $2,578
$1,480,001 $1,485,000 $2,735 $3,009 $1,616 $2,578
$1,485,001 $1,490,000 $2,740 $3,014 $1,616 $2,578
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$1,490,001 $1,495,000 $2,745 $3,020 $1,621 $2,578
$1,495,001 $1,500,000 $2,750 $3,025 $1,621 $2,578
$1,500,001 $1,505,000 $2,755 $3,031 $1,625 $2,638
$1,505,001 $1,510,000 $2,760 $3,036 $1,625 $2,638
$1,510,001 $1,515,000 $2,765 $3,042 $1,629 $2,638
$1,515,001 $1,520,000 $2,770 $3,047 $1,629 $2,638
$1,520,001 $1,525,000 $2,775 $3,053 $1,633 $2,638
$1,525,001 $1,530,000 $2,780 $3,058 $1,633 $2,638
$1,530,001 $1,535,000 $2,785 $3,064 $1,637 $2,638
$1,535,001 $1,540,000 $2,790 $3,069 $1,637 $2,638
$1,540,001 $1,545,000 $2,795 $3,075 $1,641 $2,638
$1,545,001 $1,550,000 $2,800 $3,080 $1,641 $2,638
$1,550,001 $1,555,000 $2,805 $3,086 $1,645 $2,638
$1,555,001 $1,560,000 $2,810 $3,091 $1,645 $2,638
$1,560,001 $1,565,000 $2,815 $3,097 $1,649 $2,638
$1,565,001 $1,570,000 $2,820 $3,102 $1,649 $2,638
$1,570,001 $1,575,000 $2,825 $3,108 $1,653 $2,638
$1,575,001 $1,580,000 $2,830 $3,113 $1,653 $2,638
$1,580,001 $1,585,000 $2,835 $3,119 $1,657 $2,638
$1,585,001 $1,590,000 $2,840 $3,124 $1,657 $2,638
$1,590,001 $1,595,000 $2,845 $3,130 $1,661 $2,638
$1,595,001 $1,600,000 $2,850 $3,135 $1,661 $2,638
$1,600,001 $1,605,000 $2,855 $3,141 $1,665 $2,638
$1,605,001 $1,610,000 $2,860 $3,146 $1,665 $2,638
$1,610,001 $1,615,000 $2,865 $3,152 $1,669 $2,638
$1,615,001 $1,620,000 $2,870 $3,157 $1,669 $2,638
$1,620,001 $1,625,000 $2,875 $3,163 $1,673 $2,638
$1,625,001 $1,630,000 $2,880 $3,168 $1,673 $2,638
$1,630,001 $1,635,000 $2,885 $3,174 $1,677 $2,638
$1,635,001 $1,640,000 $2,890 $3,179 $1,677 $2,638
$1,640,001 $1,645,000 $2,895 $3,185 $1,681 $2,638
$1,645,001 $1,650,000 $2,900 $3,190 $1,681 $2,638
$1,650,001 $1,655,000 $2,905 $3,196 $1,685 $2,638
$1,655,001 $1,660,000 $2,910 $3,201 $1,685 $2,638
$1,660,001 $1,665,000 $2,915 $3,207 $1,689 $2,638
$1,665,001 $1,670,000 $2,920 $3,212 $1,689 $2,638
$1,670,001 $1,675,000 $2,925 $3,218 $1,693 $2,638
$1,675,001 $1,680,000 $2,930 $3,223 $1,693 $2,638
$1,680,001 $1,685,000 $2,935 $3,229 $1,697 $2,638
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$1,685,001 $1,690,000 $2,940 $3,234 $1,697 $2,638
$1,690,001 $1,695,000 $2,945 $3,240 $1,701 $2,638
$1,695,001 $1,700,000 $2,950 $3,245 $1,701 $2,638
$1,700,001 $1,705,000 $2,955 $3,251 $1,705 $2,638
$1,705,001 $1,710,000 $2,960 $3,256 $1,705 $2,638
$1,710,001 $1,715,000 $2,965 $3,262 $1,709 $2,638
$1,715,001 $1,720,000 $2,970 $3,267 $1,709 $2,638
$1,720,001 $1,725,000 $2,975 $3,273 $1,713 $2,638
$1,725,001 $1,730,000 $2,980 $3,278 $1,713 $2,638
$1,730,001 $1,735,000 $2,985 $3,284 $1,717 $2,638
$1,735,001 $1,740,000 $2,990 $3,289 $1,717 $2,638
$1,740,001 $1,745,000 $2,995 $3,295 $1,721 $2,638
$1,745,001 $1,750,000 $3,000 $3,300 $1,721 $2,638
$1,750,001 $1,755,000 $3,005 $3,306 $1,725 $2,638
$1,755,001 $1,760,000 $3,010 $3,311 $1,725 $2,638
$1,760,001 $1,765,000 $3,015 $3,317 $1,729 $2,638
$1,765,001 $1,770,000 $3,020 $3,322 $1,729 $2,638
$1,770,001 $1,775,000 $3,025 $3,328 $1,733 $2,638
$1,775,001 $1,780,000 $3,030 $3,333 $1,733 $2,638
$1,780,001 $1,785,000 $3,035 $3,339 $1,737 $2,638
$1,785,001 $1,790,000 $3,040 $3,344 $1,737 $2,638
$1,790,001 $1,795,000 $3,045 $3,350 $1,741 $2,638
$1,795,001 $1,800,000 $3,050 $3,355 $1,741 $2,638
$1,800,001 $1,805,000 $3,055 $3,361 $1,745 $2,638
$1,805,001 $1,810,000 $3,060 $3,366 $1,745 $2,638
$1,810,001 $1,815,000 $3,065 $3,372 $1,749 $2,638
$1,815,001 $1,820,000 $3,070 $3,377 $1,749 $2,638
$1,820,001 $1,825,000 $3,075 $3,383 $1,753 $2,638
$1,825,001 $1,830,000 $3,080 $3,388 $1,753 $2,638
$1,830,001 $1,835,000 $3,085 $3,394 $1,757 $2,638
$1,835,001 $1,840,000 $3,090 $3,399 $1,757 $2,638
$1,840,001 $1,845,000 $3,095 $3,405 $1,761 $2,638
$1,845,001 $1,850,000 $3,100 $3,410 $1,761 $2,638
$1,850,001 $1,855,000 $3,105 $3,416 $1,765 $2,638
$1,855,001 $1,860,000 $3,110 $3,421 $1,765 $2,638
$1,860,001 $1,865,000 $3,115 $3,427 $1,769 $2,638
$1,865,001 $1,870,000 $3,120 $3,432 $1,769 $2,638
$1,870,001 $1,875,000 $3,125 $3,438 $1,773 $2,638
$1,875,001 $1,880,000 $3,130 $3,443 $1,773 $2,638
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$1,880,001 $1,885,000 $3,135 $3,449 $1,777 $2,638
$1,885,001 $1,890,000 $3,140 $3,454 $1,777 $2,638
$1,890,001 $1,895,000 $3,145 $3,460 $1,781 $2,638
$1,895,001 $1,900,000 $3,150 $3,465 $1,781 $2,638
$1,900,001 $1,905,000 $3,155 $3,471 $1,785 $2,638
$1,905,001 $1,910,000 $3,160 $3,476 $1,785 $2,638
$1,910,001 $1,915,000 $3,165 $3,482 $1,789 $2,638
$1,915,001 $1,920,000 $3,170 $3,487 $1,789 $2,638
$1,920,001 $1,925,000 $3,175 $3,493 $1,793 $2,638
$1,925,001 $1,930,000 $3,180 $3,498 $1,793 $2,638
$1,930,001 $1,935,000 $3,185 $3,504 $1,797 $2,638
$1,935,001 $1,940,000 $3,190 $3,509 $1,797 $2,638
$1,940,001 $1,945,000 $3,195 $3,515 $1,801 $2,638
$1,945,001 $1,950,000 $3,200 $3,520 $1,801 $2,638
$1,950,001 $1,955,000 $3,205 $3,526 $1,805 $2,638
$1,955,001 $1,960,000 $3,210 $3,531 $1,805 $2,638
$1,960,001 $1,965,000 $3,215 $3,537 $1,809 $2,638
$1,965,001 $1,970,000 $3,220 $3,542 $1,809 $2,638
$1,970,001 $1,975,000 $3,225 $3,548 $1,813 $2,638
$1,975,001 $1,980,000 $3,230 $3,553 $1,813 $2,638
$1,980,001 $1,985,000 $3,235 $3,559 $1,817 $2,638
$1,985,001 $1,990,000 $3,240 $3,564 $1,817 $2,638
$1,990,001 $1,995,000 $3,245 $3,570 $1,821 $2,638
$1,995,001 $2,000,000 $3,250 $3,575 $1,821 $2,638
$2,000,001 $2,005,000 $3,254 $3,580 $1,826
$2,005,001 $2,010,000 $3,258 $3,584 $1,826
$2,010,001 $2,015,000 $3,262 $3,589 $1,831
$2,015,001 $2,020,000 $3,266 $3,593 $1,831
$2,020,001 $2,025,000 $3,270 $3,597 $1,836
$2,025,001 $2,030,000 $3,274 $3,602 $1,836
$2,030,001 $2,035,000 $3,278 $3,606 $1,841
$2,035,001 $2,040,000 $3,282 $3,611 $1,841
$2,040,001 $2,045,000 $3,286 $3,615 $1,846
$2,045,001 $2,050,000 $3,290 $3,619 $1,846
$2,050,001 $2,055,000 $3,294 $3,624 $1,851
$2,055,001 $2,060,000 $3,298 $3,628 $1,851
$2,060,001 $2,065,000 $3,302 $3,633 $1,856
$2,065,001 $2,070,000 $3,306 $3,637 $1,856
$2,070,001 $2,075,000 $3,310 $3,641 $1,861
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$2,075,001 $2,080,000 $3,314 $3,646 $1,861
$2,080,001 $2,085,000 $3,318 $3,650 $1,866
$2,085,001 $2,090,000 $3,322 $3,655 $1,866
$2,090,001 $2,095,000 $3,326 $3,659 $1,871
$2,095,001 $2,100,000 $3,330 $3,663 $1,871
$2,100,001 $2,105,000 $3,334 $3,668 $1,876
$2,105,001 $2,110,000 $3,338 $3,672 $1,876
$2,110,001 $2,115,000 $3,342 $3,677 $1,881
$2,115,001 $2,120,000 $3,346 $3,681 $1,881
$2,120,001 $2,125,000 $3,350 $3,685 $1,886
$2,125,001 $2,130,000 $3,354 $3,690 $1,886
$2,130,001 $2,135,000 $3,358 $3,694 $1,891
$2,135,001 $2,140,000 $3,362 $3,699 $1,891
$2,140,001 $2,145,000 $3,366 $3,703 $1,896
$2,145,001 $2,150,000 $3,370 $3,707 $1,896
$2,150,001 $2,155,000 $3,374 $3,712 $1,901
$2,155,001 $2,160,000 $3,378 $3,716 $1,901
$2,160,001 $2,165,000 $3,382 $3,721 $1,906
$2,165,001 $2,170,000 $3,386 $3,725 $1,906
$2,170,001 $2,175,000 $3,390 $3,729 $1,911
$2,175,001 $2,180,000 $3,394 $3,734 $1,911
$2,180,001 $2,185,000 $3,398 $3,738 $1,916
$2,185,001 $2,190,000 $3,402 $3,743 $1,916
$2,190,001 $2,195,000 $3,406 $3,747 $1,921
$2,195,001 $2,200,000 $3,410 $3,751 $1,921
$2,200,001 $2,205,000 $3,414 $3,756 $1,926
$2,205,001 $2,210,000 $3,418 $3,760 $1,926
$2,210,001 $2,215,000 $3,422 $3,765 $1,931
$2,215,001 $2,220,000 $3,426 $3,769 $1,931
$2,220,001 $2,225,000 $3,430 $3,773 $1,936
$2,225,001 $2,230,000 $3,434 $3,778 $1,936
$2,230,001 $2,235,000 $3,438 $3,782 $1,941
$2,235,001 $2,240,000 $3,442 $3,787 $1,941
$2,240,001 $2,245,000 $3,446 $3,791 $1,946
$2,245,001 $2,250,000 $3,450 $3,795 $1,946
$2,250,001 $2,255,000 $3,454 $3,800 $1,951
$2,255,001 $2,260,000 $3,458 $3,804 $1,951
$2,260,001 $2,265,000 $3,462 $3,809 $1,956
$2,265,001 $2,270,000 $3,466 $3,813 $1,956
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$2,270,001 $2,275,000 $3,470 $3,817 $1,961
$2,275,001 $2,280,000 $3,474 $3,822 $1,961
$2,280,001 $2,285,000 $3,478 $3,826 $1,966
$2,285,001 $2,290,000 $3,482 $3,831 $1,966
$2,290,001 $2,295,000 $3,486 $3,835 $1,971
$2,295,001 $2,300,000 $3,490 $3,839 $1,971
$2,300,001 $2,305,000 $3,494 $3,844 $1,976
$2,305,001 $2,310,000 $3,498 $3,848 $1,976
$2,310,001 $2,315,000 $3,502 $3,853 $1,981
$2,315,001 $2,320,000 $3,506 $3,857 $1,981
$2,320,001 $2,325,000 $3,510 $3,861 $1,986
$2,325,001 $2,330,000 $3,514 $3,866 $1,986
$2,330,001 $2,335,000 $3,518 $3,870 $1,991
$2,335,001 $2,340,000 $3,522 $3,875 $1,991
$2,340,001 $2,345,000 $3,526 $3,879 $1,996
$2,345,001 $2,350,000 $3,530 $3,883 $1,996
$2,350,001 $2,355,000 $3,534 $3,888 $2,001
$2,355,001 $2,360,000 $3,538 $3,892 $2,001
$2,360,001 $2,365,000 $3,542 $3,897 $2,006
$2,365,001 $2,370,000 $3,546 $3,901 $2,006
$2,370,001 $2,375,000 $3,550 $3,905 $2,011
$2,375,001 $2,380,000 $3,554 $3,910 $2,011
$2,380,001 $2,385,000 $3,558 $3,914 $2,016
$2,385,001 $2,390,000 $3,562 $3,919 $2,016
$2,390,001 $2,395,000 $3,566 $3,923 $2,021
$2,395,001 $2,400,000 $3,570 $3,927 $2,021
$2,400,001 $2,405,000 $3,574 $3,932 $2,026
$2,405,001 $2,410,000 $3,578 $3,936 $2,026
$2,410,001 $2,415,000 $3,582 $3,941 $2,031
$2,415,001 $2,420,000 $3,586 $3,945 $2,031
$2,420,001 $2,425,000 $3,590 $3,949 $2,036
$2,425,001 $2,430,000 $3,594 $3,954 $2,036
$2,430,001 $2,435,000 $3,598 $3,948 $2,041
$2,435,001 $2,440,000 $3,602 $3,963 $2,041
$2,440,001 $2,445,000 $3,606 $3,967 $2,046
$2,445,001 $2,450,000 $3,610 $3,971 $2,046
$2,450,001 $2,455,000 $3,614 $3,976 $2,051
$2,455,001 $2,460,000 $3,618 $3,980 $2,051
$2,460,001 $2,465,000 $3,622 $3,985 $2,056
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$2,465,001 $2,470,000 $3,626 $3,989 $2,056
$2,470,001 $2,475,000 $3,630 $3,993 $2,061
$2,475,001 $2,480,000 $3,634 $3,998 $2,061
$2,480,001 $2,485,000 $3,638 $4,002 $2,066
$2,485,001 $2,490,000 $3,642 $4,007 $2,066
$2,490,001 $2,495,000 $3,646 $4,011 $2,071
$2,495,001 $2,500,000 $3,650 $4,015 $2,071
$2,500,001 $2,505,000 $3,654 $4,020 $2,076
$2,505,001 $2,510,000 $3,658 $4,024 $2,076
$2,510,001 $2,515,000 $3,662 $4,029 $2,081
$2,515,001 $2,520,000 $3,666 $4,033 $2,081
$2,520,001 $2,525,000 $3,670 $4,037 $2,086
$2,525,001 $2,530,000 $3,674 $4,042 $2,086
$2,530,001 $2,535,000 $3,678 $4,046 $2,091
$2,535,001 $2,540,000 $3,682 $4,051 $2,091
$2,540,001 $2,545,000 $3,686 $4,055 $2,096
$2,545,001 $2,550,000 $3,690 $4,059 $2,096
$2,550,001 $2,555,000 $3,694 $4,064 $2,101
$2,555,001 $2,560,000 $3,698 $4,068 $2,101
$2,560,001 $2,565,000 $3,702 $4,073 $2,106
$2,565,001 $2,570,000 $3,706 $4,077 $2,106
$2,570,001 $2,575,000 $3,710 $4,081 $2,111
$2,575,001 $2,580,000 $3,714 $4,086 $2,111
$2,580,001 $2,585,000 $3,718 $4,090 $2,116
$2,585,001 $2,590,000 $3,722 $4,095 $2,116
$2,590,001 $2,595,000 $3,726 $4,099 $2,121
$2,595,001 $2,600,000 $3,730 $4,103 $2,121
$2,600,001 $2,605,000 $3,734 $4,108 $2,126
$2,605,001 $2,610,000 $3,738 $4,112 $2,126
$2,610,001 $2,615,000 $3,742 $4,117 $2,131
$2,615,001 $2,620,000 $3,746 $4,121 $2,131
$2,620,001 $2,625,000 $3,750 $4,125 $2,136
$2,625,001 $2,630,000 $3,754 $4,130 $2,136
$2,630,001 $2,635,000 $3,758 $4,134 $2,141
$2,635,001 $2,640,000 $3,762 $4,139 $2,141
$2,640,001 $2,645,000 $3,766 $4,143 $2,146
$2,645,001 $2,650,000 $3,770 $4,147 $2,146
$2,650,001 $2,655,000 $3,774 $4,152 $2,151
$2,655,001 $2,660,000 $3,778 $4,156 $2,151
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$2,660,001 $2,665,000 $3,782 $4,161 $2,156
$2,665,001 $2,670,000 $3,786 $4,165 $2,156
$2,670,001 $2,675,000 $3,790 $4,169 $2,161
$2,675,001 $2,680,000 $3,794 $4,174 $2,161
$2,680,001 $2,685,000 $3,798 $4,178 $2,166
$2,685,001 $2,690,000 $3,802 $4,183 $2,166
$2,690,001 $2,695,000 $3,806 $4,187 $2,171
$2,695,001 $2,700,000 $3,810 $4,191 $2,171
$2,700,001 $2,705,000 $3,814 $4,196 $2,176
$2,705,001 $2,710,000 $3,818 $4,200 $2,176
$2,710,001 $2,715,000 $3,822 $4,205 $2,181
$2,715,001 $2,720,000 $3,826 $4,209 $2,181
$2,720,001 $2,725,000 $3,830 $4,213 $2,186
$2,725,001 $2,730,000 $3,834 $4,218 $2,186
$2,730,001 $2,735,000 $3,838 $4,222 $2,191
$2,735,001 $2,740,000 $3,842 $4,227 $2,191
$2,740,001 $2,745,000 $3,846 $4,231 $2,196
$2,745,001 $2,750,000 $3,850 $4,235 $2,196
$2,750,001 $2,755,000 $3,854 $4,240 $2,201
$2,755,001 $2,760,000 $3,858 $4,244 $2,201
$2,760,001 $2,765,000 $3,862 $4,249 $2,206
$2,765,001 $2,770,000 $3,866 $4,253 $2,206
$2,770,001 $2,775,000 $3,870 $4,257 $2,211
$2,775,001 $2,780,000 $3,874 $4,262 $2,211
$2,780,001 $2,785,000 $3,878 $4,266 $2,216
$2,785,001 $2,790,000 $3,882 $4,271 $2,216
$2,790,001 $2,795,000 $3,886 $4,275 $2,221
$2,795,001 $2,800,000 $3,890 $4,279 $2,221
$2,800,001 $2,805,000 $3,894 $4,284 $2,226
$2,805,001 $2,810,000 $3,898 $4,288 $2,226
$2,810,001 $2,815,000 $3,902 $4,293 $2,231
$2,815,001 $2,820,000 $3,906 $4,297 $2,231
$2,820,001 $2,825,000 $3,910 $4,301 $2,236
$2,825,001 $2,830,000 $3,914 $4,306 $2,236
$2,830,001 $2,835,000 $3,918 $4,310 $2,241
$2,835,001 $2,840,000 $3,922 $4,315 $2,241
$2,840,001 $2,845,000 $3,926 $4,319 $2,246
$2,845,001 $2,850,000 $3,930 $4,323 $2,246
$2,850,001 $2,855,000 $3,934 $4,328 $2,251
Liability Amount To Basic Rate
Homeowners
Rate
Concurrent
Rate
Escrow Fee
$2,855,001 $2,860,000 $3,938 $4,332 $2,251
$2,860,001 $2,865,000 $3,942 $4,337 $2,256
$2,865,001 $2,870,000 $3,946 $4,341 $2,256
$2,870,001 $2,875,000 $3,950 $4,345 $2,261
$2,875,001 $2,880,000 $3,954 $4,350 $2,261
$2,880,001 $2,885,000 $3,958 $4,354 $2,266
$2,885,001 $2,890,000 $3,962 $4,359 $2,266
$2,890,001 $2,895,000 $3,966 $4,363 $2,271
$2,895,001 $2,900,000 $3,970 $4,367 $2,271
$2,900,001 $2,905,000 $3,974 $4,372 $2,276
$2,905,001 $2,910,000 $3,978 $4,376 $2,276
$2,910,001 $2,915,000 $3,982 $4,381 $2,281
$2,915,001 $2,920,000 $3,986 $4,385 $2,281
$2,920,001 $2,925,000 $3,990 $4,389 $2,286
$2,925,001 $2,930,000 $3,994 $4,394 $2,286
$2,930,001 $2,935,000 $3,998 $4,398 $2,291
$2,935,001 $2,940,000 $4,002 $4,403 $2,291
$2,940,001 $2,945,000 $4,006 $4,407 $2,296
$2,945,001 $2,950,000 $4,010 $4,411 $2,296
$2,950,001 $2,955,000 $4,014 $4,416 $2,301
$2,955,001 $2,960,000 $4,018 $4,420 $2,301
$2,960,001 $2,965,000 $4,022 $4,425 $2,306
$2,965,001 $2,970,000 $4,026 $4,429 $2,306
$2,970,001 $2,975,000 $4,030 $4,433 $2,311
$2,975,001 $2,980,000 $4,034 $4,438 $2,311
$2,980,001 $2,985,000 $4,038 $4,442 $2,316
$2,985,001 $2,990,000 $4,042 $4,447 $2,316
$2,990,001 $2,995,000 $4,046 $4,451 $2,321
$2,995,001 $3,000,000 $4,050 $4,455 $2,321
$3,000,001 and above please call for a quote
Effective Date: February 1, 2023
DOCUMENTARY TRANSFER TAX EXEMPTIONS
Following is a list of real estate transactions that are exempt from the Documentary Transfer Tax under Los Angeles County’s amended Ordinance and State Revenue and Taxation Code Section 11902, et seq. - A statement as shown below must appear on the face of all documents to be recorded that are exempt from the tax.
1. Conveyances Confirming Title in Grantee - “This conveyance confirms title to the grantee(s) who continue to hold the same interest acquired on Date____Document No._____wherein $____ Documentary Transfer Tax was paid, R&T 11911.”
2. Conveyances in Dissolution of Marriage - “This conveyance is in dissolution of marriage by one spouse to the other, R&T 11927.”
3. Conveyances to Secure a Debt - “This conveyance is to secure a debt, R&T 11921.”
4. Reconveyances upon Satisfaction of Debt - “This is a reconveyance of realty upon satisfaction of a debt, R&T 11921.”
5. Conveyances Transferring interests into or out of a Living Trust - “This conveyance transfers an interest into or out of a Living Trust, R&T 11930.”
6. Conveyances Changing Manner in Which Title is Held - “This conveyance changes the manner in which title is held, grantor(s) and grantee(s) remain the same and continue to hold the same proportionate interest, R&T 11911.”
7. Court-Ordered Conveyances Not Pursuant to Sale - “This is a court-ordered conveyance or decree that is not pursuant to sale, R&T 11911.”
8. Conveyances Given For No Value - “This is a bonafide gift and the grantor received nothing in return, R&T 11911.”
9. Conveyances to Establish Sole and Separate Property of a Spouse - “This conveyance establishes sole and separate property of a spouse, R&T 11911.”
10. Conveyance to Confirm a Community Property interest when property was purchased with Community Property Funds - “This conveyance confirms a community property interest, which was purchased with Community Property Funds, R&T 11911.”
11. Conveyances to Confirm a Change of Name - “This conveyance confirms a change of name, and the grantor & grantee are the same party, R&T 11911.”
12. Conveyances of an Easement or Oil and Gas Lease Where the Consideration and Value is Less than $100 - “This is a conveyance of an easement (Oil and Gas Lease) and the consideration and value is less than $100, R&T 11911.”
13. Conveyances Where the Liens and Encumbrances are Equal to or More Than the Value of Property, and No Further Consideration is Given - “The value of property in this conveyance, exclusive of liens and encumbrances is $100 or less, and there is no additional consideration received by the grantor, R&T 11911.”
14. Conveyances From a Trustee Under a Land Contract at the Consummation of the Contract - “This is a conveyance of equitable title from a trustee, under a land contract, to the vendee at the consummation of the contract, R&T 11911.”
15. Conveyances from individual(s)/legal Entity(ies) Where the Grantors and Grantees Are Comprised of the Same Parties, and Parties Continue to Hold the Same Proportionate Interest (Exception Dissolution of Partnership, R&T 11925 (b) “The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold the same proportional interest in the property, R&T11923 (d).”
Subject to change, check with County Recorder.
City Council Staff Report
September 23, 2025
From: Sue Borrego, Interim City Manager
Prepared by: Jennifer Figueroa, Housing Program Manager Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Resolution: Approving the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program, CDBG-CARES (CDBG-CV), HOME Investment Partnership (HOME) Program, and HOME Investment Partnerships American Rescue Plan (HOME-ARP) Program and authorizing submission of the CAPER to the United States Department of Housing and Urban Development (HUD), and authorizing the Interim City Manager to execute all related necessary documents.
2. NARRATIVE:
Prior to the end of each federal fiscal year, HUD requires jurisdictions to submit a Consolidated Annual Performance Evaluation Report (CAPER) in a reporting format required by HUD. This report details activities conducted and achievements made according to the Annual Action Plan and reports progress and accomplishments made toward fulfilling the goals of the Consolidated Plan during the reporting period. It is HUD’s direction that the Five-Year Consolidated Plan and the Annual Action Plans guide the allocation of resources and other investment decisions made by the City of Turlock (City) to assist low- and moderate-income residents and neighborhoods in Turlock. The CAPER then demonstrates how the resources were used in line with the priorities established in the Consolidated Plan.
The City of Turlock is an entitlement city for CDBG funds and served as the lead agency for HOME funds for the City of Turlock/Stanislaus County HOME Consortium (Consortium) through June 30, 2023. Consortium members include the jurisdictions of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, County of Stanislaus unincorporated areas, and Waterford.
This required report discusses program outcomes for the 2024-2025 fiscal year utilizing the Federal Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program funds.
The City's Consolidated Plan identifies as high priority needs: Public infrastructure, Affordable Housing, Public Services, Community Emergency Responses (CDBG-CARES) and Homeless services. Consistent with the priorities outlined in the Consolidated Plan, during the 2024-2025 fiscal year, the City undertook the following activities:
• The City continued to administer a First Time Home Buyers Program, which offers low-interest loans to eligible low-income, first-time homebuyers. The program is funded with HOME, CalHome, and State Home. During Fiscal Year 2024-2025, the City provided six (6) first-time homebuyer loans using HOME funds in partnership with
Agenda Staff Report
9/23/2025
Self-Help Enterprises. Additionally, staff revised the First Time Homebuyer program guidelines to enhance its effectiveness and obtained City Council approval for the updated program on July 10, 2025.
• The City continued offering a Housing Rehabilitation Program for both owner and renter-occupied homes, for the repair of homes within the City to assist income- eligible clients including the elderly, handicapped and other special needs populations, to improve housing conditions. The City offered loans and grants to maintain single and multifamily affordable housing stock. During this past fiscal year, the department provided one combined loan to one resident using CDBG funds.
• The City rehabilitated a City-owned four-plex unit using funds from the HOME and Permanent Local Housing Allocation (PLHA) programs. Upon completion, the property was transferred to a nonprofit organization to be operated as affordable rental housing for 55 years. The four (4) units are currently occupied by: one (1) single-parent household earning at or below 30% of Area Median Income (AMI), one (1) single-parent household earning at or below 50% AMI, one (1) family of three earning at or below 80% AMI, and a senior couple earning at or below 80% AMI.
• The City continued offering Public Service grants to assist agencies to provide assistance to low- and moderate-income persons who are in need of services such as food, shelter, and youth services. Seven (7) Public Service grants were awarded to qualifying non-profit agencies. A total of $63,777 was expended and a total of 779 unduplicated clients were served. The agencies provided services that were consistent with the goals and objectives of the Consolidated Plan and served low- and moderate-income households/persons in Turlock. Services included a shelter for homeless adult men, senior meals, emergency food boxes, youth recreation, homeless youth outreach, housing-related services for those who identify as victims of domestic violence, and housing resource services.
3. FISCAL IMPACT / BUDGET AMENDMENT:
There is no fiscal impact associated with this action.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. 2024-25 CAPER Resolution
Agenda Staff Report
9/23/2025
2. CAPER 2024-2025 -DRAFT
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING THE } RESOLUTION NO. 2025- FISCAL YEAR 2024-2025 CONSOLIDATED }
ANUUAL PERFORMANCE AND }
EVALUATION REPORT (CAPER) FOR THE }
COMMUNITY DEVELOPMENT BLOCK }
GRANT (CDBG) PROGRAM, CDBG CARES }
(CDBG-CV), HOME INVESTMENT }
PARTNERSHIP (HOME) PROGRAM, AND }
HOME INVESTMENT PARTNSHIPS }
AMERICAN RESCUE PLAN (HOME-ARP) }
AND AUTHORIZING SUBMISSION OF THE }
CAPER TO THE UNITED STATES }
DEPARTMENT OF HOUSING AND URBAN }
DEVELOPMENT (HUD), AND AUTHORIZING }
THE INTERIM CITY MANAGER TO }
EXECUTE ALL RELATED NECESSARY }
DOCUMENTS. }
_____________________________________ }
WHEREAS, the City of Turlock receives federal grant funds from the United States Department of Housing and Urban Development (HUD) for affordable housing and related activities for low- and moderate-income residents within the City of Turlock; and
WHEREAS, the City of Turlock is an entitlement City under the Community Development Block Grant (CDBG); and
WHEREAS, the City of Turlock, as the former Lead of the City of Turlock/Stanislaus County HOME Consortium is responsible for management and expenditures of funding from the grants received from fiscal year 2000-2001 through 2022-2023; and
WHEREAS, the Housing and Community Development Act of 1974, as amended, requires local governments to formulate a Consolidated Plan as part of the eligibility requirements for CDBG and HOME funds; and
WHEREAS, the Consolidated Plan is a five-year strategy to address community needs as identified by staff and community residents; and
WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) is the tool used by HUD to report on the progress made in accomplishing the goals set forth in the Five (5) year Consolidated Plan and in the Annual Action Plan for the CDBG, CDBG-CARES, and HOME funds; and
WHEREAS, this report discusses program outcomes for the 2024-2025 fiscal year utilizing Community Development Block Grant (CDBG) and HOME Investment
Resolution No. 2025-
Partnerships (HOME) program funds; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program, CDBG-CARES (CDBG-CV), HOME Investment Partnership (HOME) Program, and HOME Investment Partnerships American Rescue Plan (HOME- ARP) and authorizing submission of the CAPER to the United States Department of Housing and Urban Development (HUD), and authorizing the Interim City Manager to execute all related necessary documents.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 23rd day of September, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
ATTEST:
__________________________
_
Nichole Fiez, City Clerk,
City of Turlock, County of
Stanislaus, State of California
CAPER Fiscal Year 2024-2025 -Draft 1 City of Turlock
Consolidated Annual Performance and
Evaluation Report (CAPER)
Fiscal Year 2024-2025
(July 1, 2024 through June 30, 2025)
City of Turlock and
Turlock/Stanislaus County HOME Consortium
Prepared by:
City of Turlock
Housing Program Services Division
156 South Broadway, Suite 140, Turlock, CA 95380
(209) 668-5610, Fax (209) 668-2120, TDD 1 800 735-2929
Website: www.cityofturlock.org
Approval by Council on September 09, 2025
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft Page 2
HOME CONSORTIUM MEMBERS
CITY OF CERES
Mayor Javier Lopez
Vice Mayor Daniel A. Martinez
Councilmember James Casey
Councilmember Rosalinda L. Vierra
Councilmember Cerina Otero
www.ci.ceres.ca.us
CITY OF HUGHSON
Mayor George Carr
Mayor Pro Tem Randy Crooker
Councilmember Susana Vasquez
Councilmember Julie Ann Strain
Councilmember Alan McFadon
www.cityofhughsonca.gov
CITY OF NEWMAN
Mayor Casey Graham
Councilmember Scott Ball
Councilmember Shane Tomlinson
Councilmember Gisel Pimentel
Councilmember Matthew Harden
www.cityofnewman.com
CITY OF OAKDALE
Mayor Cherilyn Bairos
Councilmember Christopher Smith
Councilmember Jeff Kettering
Councilmember Kayleigh Gilbert
Councilmember Jarod Pitassi
www.oakdalegov.com
CITY OF PATTERSON
Mayor Michael Clauzel
Councilmember Gabriela Hernandez
Councilmember Jessica Romero
Councilmember Kendra Mora
Councilmember Carlos Roque
www.ci.patterson.ca.us
CITY OF RIVERBANK
Mayor Rachel Hernandez
Vice Mayor Cindy Fosi
Councilmember Luis Uribe
Councilmember John Pimentel
Councilmember Stacy Call
www.riverbank.org
STANISLAUS COUNTY
BOARD OF SUPERVISORS
District 1 Buck Condit
District 2 Vito Chiesa
District 3 Terry Withrow
District 4 Mani Grewal
District 5 Channce Condit
www.stancounty.com
CITY OF TURLOCK
Mayor Amy Bublak
Vice Mayor Rebecka Monez
Councilmember Kevin Bixel
Councilmember Cassandra Abram
Councilmember Erika Phillips
www.cityofturlock.org
CITY OF WATERFORD
Mayor Charlie Goeken
Vice Mayor Jamie Hilton
Councilmember Guadalupe Gutierrez
Councilmember Christine Harris
Councilmember Elizabeth Talbott
www.cityofwaterford.org
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 3
Table of Contents
Introduction ................................................................................................................ 4
CR-05 Goals and Outcomes .............................................................................................. 5
CR-10 Racial and Ethnic composition of families assisted ............................................... 11
CR-15 Resources and Investments ................................................................................. 12
CR-20 Affordable Housing ............................................................................................... 18
CR-25 Homeless and Other Special Needs ..................................................................... 20
CR-30 Public Housing ..................................................................................................... 22
CR-35 Other Actions ........................................................................................................ 23
CR-40 Monitoring ............................................................................................................ 26
CR-45 CDBG .............................................................................................................. 27
CR-50 HOME .............................................................................................................. 27
Attachments
Attachment 1- IDIS CDBG PR26 Report
Attachment 2- Public Notices
Attachment 3- Public Service Projects
Attachment 4- IDIS CDBG-CV PR26 Report
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 4
Introduction
The 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) constitutes the fifth reporting period (from July 1, 2024 to June 30, 2025) of the Five-Year Consolidated Planning period. The City of Turlock (City) is the recipient of federal Community Development Block Grant (CDBG) funding including CDBG CARES (CDBG-CV), and served as the lead agency for the City of Turlock/Stanislaus County HOME Investment Partnerships Program (HOME) Consortium (Consortium) through June 30, 2023. Beginning July 1 ,2023, Stanislaus County took over as the lead agency for the Consortium. The United States Department of Housing and Urban Development (HUD) provides these funds to the City on a formula basis.
HUD requires the City to prepare and submit a Consolidated Plan and Annual Action Plans to inform HUD on how the allocated grant funding will be used. At the end of each fiscal year, HUD requires this annual CAPER report, to report on the progress made in accomplishing the goals set forth in the Consolidated Plan and Annual Action Plan for CDBG and HOME funds.
The City utilized other Federal, State and local
resources, including PLHA, CalHome and Successor
Agency funds to address housing and community
development priority needs identified in the
Consolidated Plan. The CAPER identifies the
programs and activities the City undertook during the
Program Year (also known as fiscal year) to meet
underserved needs identified in the Consolidated
Plan. In addition, the CAPER discusses the actions
the City took to address the following: lead based
paint hazards, barriers to affordable housing,
households at or below the poverty level and housing
resource services.
Stanislaus County is recognized as an eligible Urban
County by the U.S. Department of Housing and Urban
Development (HUD). The Urban County is
comprised of Stanislaus County unincorporated
communities and the Cities of Ceres, Hughson,
Newman, Oakdale, Patterson, Riverbank, and
Waterford, collectively hereafter referred to as the
Stanislaus Urban County. The City of Turlock
partnered with the Stanislaus Urban County to form
the City of Turlock/Stanislaus County HOME
Consortium (Consortium).
As the lead agency through June 30, 2023, the City of Turlock administered the HOME program for the Stanislaus Urban County and reported comprehensive HOME activity for the partnering jurisdictions as part of the City of Turlock’s CAPER. As the lead agency effective July 1, 2023, Stanislaus County undertook these responsibilities.
Recurring Acronyms in this Report:
AAP- Annual Action Plan
CAPER-Consolidated Annual Performance
and Evaluation Report
CDBG- Community Development Block Grant
CDBG-CV- Community Development Block
Grant-CARES
CHDO- Community Housing Development
Organization
CoC- Continuum of Care
Consortium- City of Turlock/Stanislaus County
HOME Consortium
ESG- Emergency Shelter Grant
FTHB- First Time Home Buyer
FY – Fiscal Year (July 1 to June 30). Also known
as the Program Year.
HOME- HOME Investment Partnership Program
HOME-ARP- HOME Investment Partnership
Program-American Rescue Plan.
HUD- Housing and Urban Development
IDIS- Integrated Disbursement and Information
System
PI- Program Income (revenue from grant funds)
SRHA-Stanislaus Regional Housing Authority
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 5
The City of Turlock and Consortium have successfully completed the fifth year of its FY 2020- 2021 to FY 2024-2025 Consolidated Plan. The Plan is a reflection of the Consortium partners’ community vision and outlines priority needs, goals and objectives adopted to achieve the vision.
The overall goal of the community planning and development programs covered in the Plan is to develop viable communities by providing decent, safe and sanitary housing; promoting suitable living environment and expanding economic opportunities for low- and moderate-income persons.
This CAPER also provides a summary of the resources available, the programmatic accomplishments in affordable housing, and the community development activities during the 2024-2025 fiscal year (July 1, 2024 through June 30, 2025) for the City of Turlock and the City of Turlock/Stanislaus County HOME Consortium.
Specific Fiscal Year 2024-2025 projects and their accomplishments are identified in the respective program sections of this document. The format of this document is designed after a HUD document template that includes a series of questions in relation to specific funding programs (CDBG, HOME, etc.). Responses to those questions are provided directly below each question.
CR-05 – Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This report discusses program outcomes for the 2024-2025 fiscal year utilizing Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). The City of Turlock is a direct entitlement jurisdiction of CDBG funds and served as the lead agency for HOME funds for the City of Turlock/Stanislaus County HOME Consortium (Consortium) through June 30, 2023.
The City continues to make progress with these funds with the increase to the supply of affordable housing, homeownership, rehabilitation, public facilities, and increasing public services. The City works toward improving access to housing resource services. In addition to the data provided below, this CAPER discusses affordable housing outcomes, homelessness and special needs activities, and other City actions in furtherance of the City's HUD Annual Plan Goals and Objectives.
Consistent with the priorities outlined in the Consolidated Plan, during the 2024-2025 fiscal year, the City and the Consortium undertook the following activities that addressed the housing needs:
FTHB Program: The City continued to administer a First Time Home Buyers (FTHB) Program for low-income, first-time homebuyers with low interest loans to qualified clients for the purchase of a home. The City of Turlock utilized various resources including the HOME Program, and CalHome to fund the program.
Turlock provided nine First Time Home buyer loans. Six of these loans were
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 6
provided with HOME funding and three using CALHome funding. Consortium members did not provide any First Time Home buyer loans. Rehabilitation Program: The City continued to offer a Housing Rehabilitation Program for the repair of homes within the City to assist income eligible clients including the elderly, handicapped and other special needs to improve housing conditions. The program was able to provide one owner-occupied rehabilitation loan for fiscal year 2024-2025.
The City rehabilitated a City-owned four-plex unit using funds from the HOME and Permanent Local Housing Allocation (PLHA) programs. Upon completion, the property was transferred to a nonprofit organization to be operated as affordable rental housing for 55 years. The four units are currently occupied.
Five single family units that had been acquired between 2020 and 2022 have been rehabilitated or are in the process of rehabilitation. Three single family units are in the process of being sold to First Time Home Buyers and the remaining two single family units are in the process of being transferred to Non-Profits to provide affordable rental housing in fiscal year 2025-2026.
Public Service Grants: The City provides funding annually to non-profit agencies to provide public service activities. A total of seven (7) Public Service grants were awarded to qualifying non-profit agencies.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 7
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Admin
Administration Other Other N/A N/A N/A N/A N/A N/A
Community
Emergency
Response
Program
Non-Housing
Community
Development
Public Service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 150 39 26.00% 0 0 0%
Improve
Infrastructure
and Public
Facilities
Non-Housing
Community
Development
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 400 0 0.00% 0 0 0%
Increase and
Improve Supply
of Affordable
Housing
Affordable
Housing
Rental units
rehabilitated
Household
Housing
Unit
40 4 10% 10 4 40%
Increase and
Improve Supply
of affordable
Housing
Affordable
Housing
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
50 15 30.00% 14 1 7.14%
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 8
Increase and
Improve Supply
of affordable
Housing
Affordable
Housing
Direct Financial
Assistance to
Homebuyers
Households
Assisted 50 8 16% 12 6 50%
Provide Public
Services
Homeless Non-
Homeless
Special Needs
Public service
activities other
than
low/Moderate
Income Housing
Benefit
Persons
Assisted 3500 4,325 123.57% 300 779 259.67%
Provide Public
Services
Homeless Non-
Homeless
Special Needs
Public Service for
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 0 0 0.00% 0 0 0%
Work to End and
Prevent
Homelessness
Homeless
Homeless
Person Overnight
Shelter
Persons
Assisted 1000 1453 143.3% 300 237 79%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 9
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The City's Consolidated Plan identifies Affordable Housing, Homeless Services, Public Infrastructure, and Public Services as high priority needs. Consistent with the priorities outlined in the Consolidated Plan, during the 2024-2025 fiscal year, the City undertook the following activities that addressed the housing needs:
The City continued to administer a First Time Home Buyers Program for low-income first- time homebuyers which provides low interest loans to qualified clients. The program is funded with HOME, CalHome, and State Home. The City assisted nine homebuyers this fiscal year. Staff continues to market the program with realtors and lenders.
The Consortium members continued to administer First Time Home Buyers Programs to provide down payment assistance to low income buyers using HOME funds. Consortium members were not able to assist any clients. Due to the high cost of housing in Stanislaus County the annual expected progress toward the program goal was not reached. Staff continues to market the program with realtors and lenders.
Staff continues to market the Rehabilitation program to reach the strategic plan goals.
The City continued offering a Housing Rehabilitation Program for both owner and renter occupied homes, for the repair of homes within the City to assists income eligible clients including the elderly, handicapped and other special needs, improving housing conditions.
The City offers loans and grants to maintain single and multifamily affordable housing stock. The City completed one home-owner occupied rehabilitation project. The City of Turlock completed the rehabilitation of an affordable housing four-plex project which was transferred to a non-profit to provide affordable rental housing.
The City continued offering Public Service grants to assist agencies to provide assistance to low- and moderate-income persons who are in need of services such as food, shelter, and youth services. A total of seven (7) Public Service grants were awarded to qualifying non-profit agencies totaling $64,500, of that $63,776.75 was expended. The agencies provided services that were consistent with the goals and objectives of the Consolidated Plan and served low- and moderate-income households/persons in Turlock. Services included shelter for homeless adults, senior meals, emergency food boxes, youth recreation, homeless youth outreach, shelter for survivors of domestic violence, sexual assault and human trafficking, and housing resource services.
The City will continue to encourage private, for-profit and non-profit developers to construct affordable rental housing utilizing Low-income Housing Tax Credits, HOME, Mortgage Revenue Bonds, Section 202 and the Affordable Housing Goals outlined in the Housing Element. The City may provide incentives such as impact fee deferrals/financing and density bonuses to assist developers in achieving affordable rents.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 10
Community Development Block Grant -CARES (CDBG-CV) Program The city has two ongoing public facilities improvement projects to include improve ventilation and air filtration systems and ADA improvements for improved access. The public facilities projects will be completed in Fiscal Year 2025-2026.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 11
CR-10 – Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME ESG
White PS 621 2 0
Black or African American PS 62 0 0
Asian PS 42 0 0
American Indian or American Native PS 11 0 0
Native Hawaiian or Other Pacific Islander PS 5 0 0 American Indian or Alaska Native & white PS 2 0 0 Asian & White PS 0 0 0
Black or African American & White PS 0 0 0
American Indian or Alaska Native & White PS 0 0 0 Balance/Other
Rehab 1
PS 36 4 0
Total 779 0 N/A
Hispanic P/S 354 6 0
Not Hispanic
Rehab 1
PS 425 0 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
The City of Turlock and Consortium identifies priority needs and offers services and programs to eligible households regardless of race or ethnicity. This table is generated by the HUD CAPER template and the information reported reflects demographic information provided by participants and recorded in the HUD reporting system. The City of Turlock does not receive Emergency Shelter Grant (ESG) funding.
Through Turlock’s CDBG Public Service Grants, non-profit agencies served a total of 779 unduplicated clients. Of the 779 clients served, 621 were White, 62 were Black or African American, 42 were Asian, 11 were American Indian/Alaskan Native, 5 were Native Hawaiian or Other Pacific Islander, 2 were American Indian or Alaska Native & White, 0 were Asian and White, 0 were Black or African American & White, 0 were American Indian or Alaska Native & Black or African American and 36 were Other breakdowns.
Other statistics identified included 81 clients that were female head of household, 209 clients that were over 62 years old, and 240 clients were people with disabilities.
According to the April 1, 2020 Census, persons who categorized themselves as white (single race) represented 58.1 percent of the Turlock population versus 81.8 percent of the Stanislaus County population. In the City, 44.4 percent of the population are of Hispanic origin (of any race), versus 50.9 percent in the County. For more detailed demographic information, see the census website at http://census.gov.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 12
CR-15 – Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Federal 1,558,623 615,913
HOME Federal 6,303,644 615,316
HOME-ARP Federal 5,015,135 17,833
Other (CDBG-CV) Federal 759,023 111,264
Table 3 - Resources Made Available
Narrative
The City of Turlock receives entitlement Community Development Block Grant (CDBG) funds. The City of Turlock/Stanislaus Urban County HOME Consortium receives HOME Investment Partnerships Program (HOME) funds. The City of Turlock does not receive Emergency Shelter Grant (ESG) funding.
Identify the geographic distribution and location of investments
Target Area Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Ceres 10 0 No projects completed
Hughson 14 0 No projects completed
Newman 10 0 No projects completed
Oakdale 09 0 No projects completed
Patterson 09 0 No projects completed
Riverbank 09 0 No projects completed
Turlock 16 100 Rehab projects
Unincorporated Stanislaus County 09 0 No projects completed Waterford 14 0 No projects completed
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City of Turlock utilized resources from the Federal government, to support housing and community development activities during fiscal year 2024-2025. These resources were leveraged with investments made by private and non-profit organizations. The following section describes each funding source used during the year.
HUD requires expenses, activities, and accomplishments to be logged into its computerized online reporting system known as the Integrated Disbursement and Information System (IDIS).
Expenses in the IDIS reports may not correspond to numbers in this CAPER report due to funds not being drawn down within the fiscal year. CDBG funding expenditures are summarized in the
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 13
IDIS PR26 report attached to this CAPER report. Turlock does not fund the activities in IDIS until the project draws are internally processed.
Community Development Block Grant (CDBG) Program
CDBG funds are made available to the City on an entitlement basis. The City's entitlement allocation is based on a HUD formula. In Fiscal Year 2024- 2025, the allocation was $621,578.
The allocation was appropriated for a variety of housing-related and community development projects benefitting low and moderate-income families.
Community Development Block Grant -CARES (CDBG-CV) Program In Fiscal Year 2024-2025, the CDBG-CV amount available was $759,023. CDBG-CV Administrative funds in the amount of $8,951 were utilized and $102,313 was utilized in delivery fees for two ongoing public facilities improvement projects to include improve ventilation and air filtration systems and ADA improvements for improved access. The remaining $547,759 will be utilized in Fiscal Year 2025-2026 to complete the public facilities projects.
HOME Investment Partnership (HOME) Program
In Fiscal Year 2023-2024, Stanislaus County became the lead of the Consortium.
Housing Choice Voucher (previously known as Section 8 rental assistance) The Stanislaus Regional Housing Authority administers the Housing Choice Voucher rental subsidy program for Stanislaus County jurisdictions, including the City of Turlock. The program is a federally funded, locally administered rental assistance program for low-income families, senior citizens, persons with disabilities, and veterans.
State Funding Sources (CalHome, State HOME, Permanent Local Housing Allocation (PLHA)) The State of California Department of Housing and Community Development (HCD) is the State agency that provides funding for different affordable housing projects and programs. The City of Turlock was awarded CalHome and State HOME funds and uses them for First Time Home Buyer down payment assistance. In addition, the City was awarded PLHA funds and has used them for rehabilitation and will be utilizing these funds for owner-occupied rehabilitation and First Time Home Buyer down payment assistance.
Emergency Solution Grant (ESG)
The City of Turlock does not receive ESG funding.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 14
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City has actively sought funding sources in addition to CDBG and HOME to leverage its resources. Funds which were available during the fiscal year were CalHome, State HOME, Low- income Housing Tax Credits, Successor Agency funds, PLHA funds, and local developer contributions.
State Funding- CalHome
The City applied for and was awarded the 2008, 2011, and 2012 CalHome funds to provide First Time Home Buyer (FTHB) loans. In fiscal year 2024-2025, 3 loans were provided. A total of 53 loans have previously been provided using the CalHome grant funds. The CalHome grants have expired, but the City will be able to use loan payment revenue (reuse funds) for future loans.
State Funding- State Home Program
The City applied for and was awarded several State HOME grants to fund First Time Home Buyer (FTHB) loans prior to becoming a Consortium member. The City utilizes program income generated from past loan payments to provide additional first-time home buyer loans to qualified clients in accordance with the grant requirements.
Consortium Leveraging
For the Turlock/Stanislaus County HOME Consortium, each member jurisdiction historically has leveraged their HOME allocation with local Redevelopment Agency funds/Successor Agency funds, Low Income Housing Tax Credits, CalHome, Neighborhood Stabilization Program (NSP) and Housing Choice Voucher funds (previously known as Section 8). Consortium members include the jurisdictions of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, County of Stanislaus unincorporated areas, and Waterford. Stanislaus County's jurisdiction is comprised of the unincorporated County containing sixteen communities.
Matching for the HOME Program
Unless granted a waiver, the Consortium must match 25 cents for each dollar of HOME funds spent on affordable housing. Match contributions made in excess of match obligations may be carried forward as match credit toward meeting obligations incurred in future years. The match is tracked by Federal fiscal year (October 1-September 30). Eligible forms of matching contributions are regulated by HUD. Consortium members take advantage of eligible sources of matching towards projects to meet the matching requirements. See the table below for HOME matching information.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 4,665,381
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 4,665,381
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 4,665,381 Table 5 – Fiscal Year Summary - HOME Match Report
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 15
Match Contribution for the Federal Fiscal Year
Project No.
or Other ID
Date of
Contributio
n
Cash
(non-
Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastruc
ture
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
None N/A 0 0 0 0 0 0 None
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received
during reporting
period
$
Total amount
expended during
reporting period
$
Amount expended for
TBRA
$
Balance on hand at
end of reporting
period
$
_
Table 7 – Program Income
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 16
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White
Non-
Hispanic
Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black
Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprise
s
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 – Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 17
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 18
CR-20 – Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to
be provided affordable housing units 0 0
Number of Special-Needs households to
be provided affordable housing units 4 4
Total 4 4
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported
through Rental Assistance 20 0
Number of households supported
through The Production of New Units 0 0
Number of households supported
through Rehab of Existing Units 3 1
Number of households supported
through Acquisition of Existing Units 0 0
Total 23 1
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Turlock’s Strategic Plan outlines the City’s plans to assist in the development of affordable housing through First Time Home Buyer loans under the HOME program. Due to market housing availability and prices, most home purchase prices in Turlock exceed the maximum purchase price allowed by United States Department of Housing and Urban Development (HUD). Buyers find it difficult to locate a property within their price range. To help our buyers, the City prepared a market study, to increase the purchase price limit.
Due to the high cost to construct affordable housing (i.e., land, construction, permit fees, etc.) the annual allocation of CDBG funding is not sufficient to meet our community’s need for affordable housing development.
To increase affordable housing units, the City acquired properties in prior fiscal years which consist of multi-family and single-family units. The rehabilitation of a four-plex was completed in fiscal year 2024-2025 and was transferred to a non-profit agency to provide affordable rental housing for 55 years. The remaining rehabilitations are expected to be completed in fiscal year 2025-2026.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 19
Discuss how these outcomes will impact future annual action plans.
The City will continue to focus CDBG and HOME dollars where they will do the most good for the low and moderate households. The City will continue to look for additional resources to support affordable housing.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income (under 30%) PS 545 + 1 Rehab 0
Very Low-income (31-50%) PS 168 2
Low to Moderate-income (51-80%) PS 51 4
Moderate-income (above 80%) PS 15 0
Total PS 779 Rehab 1 6
Table 13 – Number of Persons Served
Narrative Information
Consistent with the priorities outlined in the Consolidated Plan, the City undertook the following activities that addressed the housing needs during the 2024-2025 fiscal year:
The City continued to administer a First Time Home Buyers (FTHB) down payment assistance program for low-income households with low interest loans. The program utilizes various home purchase assistance resources including the HOME, State Home, and CalHome funding. Turlock was able to fund 6 FTHB loans utilizing HOME and 3 FTHB loans utilizing CalHome funding.
The Consortium members offered a First Time Home Buyers (FTHB) down payment assistance program for low-income households which provide low interest loans. The program utilized HOME funding. No homebuyers were assisted.
The City offered Public Service grants to seven (7) eligible non-profit agencies through CDBG funding to provide services to eligible clients.
The City continued to administer a Housing Rehabilitation Program, which is for repair of homes within the City to assists households at 80% or below of the Stanislaus County Median Area Income including elderly, handicapped and other special needs. One household was assisted.
The Consortium offered a Housing Rehabilitation Program, which is for repair of homes for the consortium members within their City to assist elderly, handicapped and other special needs, improving housing conditions. No households were assisted.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 20
CR-25 – Homeless and Other Special Needs 91.220(d,e);
91.320(d,e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Throughout Fiscal Year 2024-2025, the City of Turlock utilized Community Development Block Grant (CDBG) funds for Public Services to implement strategies to assist in addressing the City's Homeless population. This Fiscal Year, United Samaritans Foundation and We Care of Turlock received CDBG public services funding to provide homeless prevention, case management, food boxes, shelter, and re-housing services.
Center for Human Services provided Youth Street Outreach and engagement services targeting unaccompanied Turlock youth, ages 12-24 who are experiencing homelessness and are unsheltered. They partnered with other outreach teams and engaged youth experiencing homelessness.
Family Promise is an interfaith hospitality network of local congregations that help reduce homelessness by providing the necessary resources to assist families transition from homelessness to self-sufficiency. Turlock has assisted Family Promise with three affordable housing units for housing of their clients.
HAVEN Women’s Shelter provides shelter to assist individual &/or households experiencing domestic violence, sexual assault, and human trafficking. In addition to shelter, they advocate, provide support groups, legal services, and a clothes closet. The city has been able to assist HAVEN by providing an office space and a single-family home for sheltering of their clients.
We Care Emergency shelter provides homeless men with an alternative to sleeping on the street and access to housing programs that can assist them to move out of their present state of homelessness. We Care also provides a case manager for Permanent Supportive Housing to help those who want to move out of their present situation. The City has been able to assist We Care by providing two four-plex units, and 2 single-family dwellings to provide affordable rental housing.
The Consortium, in collaboration with the Stanislaus County Continuum of Care (CoC) has been making efforts to reduce chronic homelessness. The CoC developed a system for coordinated intake, assessment and referral that fully complies with the requirements of the CoC.
Through the use of its own Emergency Shelter Grant (ESG) funds, the Stanislaus Urban County provided funding to the CoC to assist with Homeless Management Information System (HMIS) data entry. This effort allowed client data from non-HUD funded homeless service providers to enter into HMIS, which will allow the CoC’s homeless data collection to act as a much more valuable tool for tracking individuals patterns into and out of homelessness.
Overall, the sub-committee made great strides toward improving data quality and the
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 21
consistency of the intake process for shelter, homeless prevention, and rapid rehousing activities.
Addressing the emergency shelter and transitional housing needs of homeless persons
Throughout Fiscal Year 2024-2025, the City of Turlock utilized CDBG Public Service grant funds to help implement strategies to assist in addressing the City's Homeless population. This Fiscal Year, We Care of Turlock provided an emergency shelter for men over 18 years of age from July 17, 2024 through June 30, 2025 with a limit of 49 beds. Warm meals were provided nightly by churches, organizations and individual families.
Also, Turlock Gospel Mission (TGM), in collaboration with faith-based groups, operated an emergency shelter for homeless women, women with children, and men in Turlock. TGM can serve up to 80 individuals. They provided food and other services to clients to help them find needed assistance. In addition, the City has worked with Family Promise, a family shelter, transitional housing and support service provider to add two units of transitional housing for homeless families.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
The City of Turlock provided public service grant funds to non-profit agencies that provided food, shelter, and other services that assisted persons to prevent homelessness. The City of Turlock is a member of the Stanislaus County Continuum of Care (CoC) which works with multiple agencies in the county. The CoC continues to make progress toward the ultimate goal of reducing the homeless population through a combination of efforts including emergency shelters, case management, supportive services, permanent supportive housing, rental assistance and transitional housing programs.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
In Fiscal Year 2024-2025, the City of Turlock partnered with non-profit service providers through the Community Development Block Grant (CDBG) Public Services Grant Program to provide direct and indirect services to homeless persons and families.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 22
We Care of Turlock received CDBG Public Services funding to provide homeless prevention, case management and re-housing services. They provided guidance to assist clients with needs to get them closer to being able to participate in transitional housing opportunities.
Center for Human Services provided Youth Street Outreach and engagement services targeting unaccompanied Turlock youth, ages 13-24 who are experiencing homelessness and are unsheltered. They partnered with other outreach teams and engaged youth experiencing homelessness.
The City of Turlock is a member of the Stanislaus County Continuum of Care (CoC) which works with multiple agencies in the county. The CoC continues to make progress toward the ultimate goal of reducing the homeless population through a combination of efforts including emergency shelters, case management, supportive services, permanent supportive housing, rental assistance and transitional housing programs.
CR-30 – Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Turlock actively partners with the Continuum of Care (CoC) in all activities related to improving public housing and resident initiatives.
In California, public housing is administered directly through local Public Housing Authorities (PHAs). The Stanislaus Regional Housing Authority (SRHA) is the largest landlord of multi- family and single household public housing units for the lower income population of Stanislaus County. The SRHA is committed to provide decent affordable housing to its residents and in doing so, the SRHA keeps public housing units in favorable conditions so that its residents have a safe and healthy living environment.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Since the City does not administer Public Housing Authority (PHA) funds, or have any oversight over PHA tenants, it has no actions directed specifically to public housing residents.
Actions taken to provide assistance to troubled PHAs
Since the City does not administer Public Housing Authority (PHA) funds, it does not evaluate the status or condition of PHAs.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 23
CR-35 – Other Actions 91.220(j)-(k); 91.20(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i)
The City has worked to eliminate internal barriers to the development of affordable housing through the following continuing efforts:
The City’s CDBG Public Services allocations reflect the City’s priorities in meeting underserved needs, such emergency shelter, homelessness prevention and rapid re- housing, food security, and youth.
Providing funding for land acquisition, secondary financing, and infrastructure costs; Assisting qualified households to purchase homes utilizing the homebuyer assistance programs; and
Continuing to work with non-profit housing agencies in the provision of supportive services and programs.
There is an ongoing gap in the availability of services across most categories of underserved needs, including seniors, persons with disabilities, individuals with chronic illness, persons with other conditions affecting their ability to function independently and productively, foster youth, and homeless. The City continues to look at all avenues to ameliorate barriers to affordable housing. In addition, there is a need to link access to supportive services to affordable and appropriate housing.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City of Turlock partnered with Stanislaus County to prepare the Analysis of Impediments to Fair Housing (AI) and the Consolidated Plan to help address these needs. Staff reviewed the information and formulated actions to assist in addressing obstacles in meeting underserved needs.
For Fiscal Year 2024-2025, Turlock offered a total of $70,000 in Public Service funds that were allocated based on a competitive grant process to which public service providers had the opportunity to apply for grants. A total of seven (7) grants were awarded to non-profits to provide services such as food assistance, shelter, recreation, homeless youth outreach, and shelter services for survivors of domestic violence.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The Health Services Agency of Stanislaus County is the lead agency for Stanislaus County in the identification, documentation and prevention of lead poisoning. The Childhood Lead Poisoning Prevention Program of Stanislaus County, administered through the Health Services Agency, becomes involved with childhood lead-based poisoning when notification of an
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 24
elevated screening blood level is received either from the laboratory or physician. If the blood level is 10ug/dL (micrograms per deciliter), notification is made to the family. Once a child meets the case definition, an environmental investigation is performed by a Registered Environmental Health Specialist to determine, if possible, the source of lead exposure. The Stanislaus County Health Services Agency, in partnership with the Department of Environmental Resources, conducts the investigation of residences where children with elevated levels of lead reside.
The lead-based paint regulation that became effective April 22, 2010 added a requirement that requires contractors bidding on rehabilitation of homes built prior to 1978 provide documentation of Environmental Protection Agency (EPA) Lead Renovation and Repair and Painting certification. During the implementation of local housing rehabilitation programs, appropriate steps are taken when the presence of lead-based paint is detected. Steps include full encapsulation, complete abatement (removal), painting or spot repair (as per HUD- sponsored abatement course protocol).
The City continued to provide information regarding lead-based paint hazards to City of Turlock program participants and enforce these requirements.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
To reduce the number of persons living under poverty level, the City of Turlock in collaboration with the City of Modesto and Stanislaus County continued its partnership with local agencies and the Continuum of Care (CoC) to provide services and resources for families in need. As well as provide a portion of Community Development Block Grant (CDBG) funding to various nonprofits that have a proven track record of assisting the homeless on their path towards employment and full-time housing.
Providing opportunities for low-income families to improve their economic status is an area of focus for the City, and is reflected in the City’s Strategic Plan. The City leverages its federal grant funds from CDBG to increase the supply of affordable housing in our community. While the production and preservation of affordable housing on its own will not raise people’s income or exit them from poverty, it contributes to stabilizing living expenses for low-income families, so that they have more discretionary income for other living expenses.
During fiscal year 2024-2025 the City allocated a total of $70,000 in CDBG funds to community- based organizations for various programs including; assisting individuals and families experiencing homelessness or at risk of experiencing homelessness and low- and moderate- income individuals and families to achieve self-sufficiency.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City works closely with Stanislaus County and its Urban County member cities. Staff from each jurisdiction meet on a regular basis to discuss relevant issues impacting all programs, receive training, and consolidate processes. Staff trade email on issues as they arise and seek help from each other to address pressing requirements of the programs. Staff from all the jurisdictions attend HUD sponsored training on an as needed basis, providing more depth in each agency's institutional knowledge and structure. These activities bring staff up-to-date on changes in federal program requirements, policy initiatives, and implementation guidance.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 25
One of the major issues seen in the community among the existing varies non-profit agencies is lack of funding. Capacity building of local nonprofits has also become an important issue for the Stanislaus Urban County and other entitlement cities. The City of Turlock is working to assist agencies with capacity building. One of the methods the City of Turlock has used is acquiring properties that will be resold to non-profit agencies for affordable rental housing. The Stanislaus Urban County also has an excellent working relationship with both the cities of Turlock and Modesto, which are separate CDBG entitlement jurisdictions, to strategically prioritize projects and programs more efficiently and effectively for the region.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City and County participate in the Continuum of Care (CoC), which establishes homeless policy for the use of federal funds. The organization provides structure for grant applications, funds the Homeless Management Information System (HMIS), and provides performance data to the County. The County and the City of Modesto are entitlement cities for the receipt and management of Emergency Solutions Grant (ESG) funds.
The City of Turlock participates in the Turlock Community Collaborative. Collaborative members include religious, non-profit, for-profit, and governmental agencies (local government and educational institutions). The Collaborative looks at coordinating efforts by its members to help in resolving immediate needs of the community. These needs may include food, shelter, counseling, medical, and education.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City of Turlock partnered with Stanislaus County to prepare the Analysis of Impediments to Fair Housing (AI).
The City of Turlock provided a RFP (Request for Proposal) and planned for $10,000 in public service grants for fair housing. The City has maintained fair housing information and resource links on the City website and has handouts and information available with fair housing information and resources in the office.
The City provides funds for a First Time Home Buyers (FTHB) down payment assistance program to help provide access to affordable housing. City staff provides realtors, lenders, and clients with program information and education to assist buyers in accessing available programs.
The City has actively sought funding sources in addition to CDBG and HOME to leverage its resources to provide affordable housing opportunities, such as Cal Home and PLHA.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 26
CR-40 – Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City regularly monitors progress on activities carried out in the Annual Action Plan to ensure compliance with program requirements. Evaluation took place during the application and funding process, and after agreements have been executed. Funding and service agreements set clear performance measures, reporting procedures, timeliness, and budgets on set goals measured by accomplishments. City staff regularly monitored compliance on contracting requirements and performance goals through the implementation and review of quarterly performance reports, and reimbursement requests. Where higher risks were considered to be present, program staff worked more closely with the agencies during on-site visits to ensure that the project moved forward as smoothly as possible. City staff provided feedback to agencies regarding areas of concern, and findings where corrective action or improvements were required.
Staff also meets periodically with Consortium members to review financial items, update activity statuses, and complete project documentation. This ensures that all statutory and regulatory requirements are being met and that performance reports and all other information submitted to HUD is correct and complete.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Prior to the CAPER submission, the City publishes an English and Spanish public notice in a local newspaper of general distribution in Stanislaus County advising residents of the availability of the CAPER for public review and comment. The CAPER is available from the Housing Division office and it is posted on the City's website. The public can submit comments at the City offices or email them to the contact listed in the ad. Ad copies are attached to this report.
Public outreach has been held in accordance with the City and the Consortium’s Citizen Participation Plan to provide an opportunity for community input regarding what services, projects, or activities the City undertook using Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 27
CR-45 – CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City has had no changes in program objectives during the program year. The City will consider potential changes to the plans for future program years to alleviate the problems experienced in the reporting process. HUD staff will be consulted for advice on how to proceed with any changes as needed.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
CR-50 – HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
The Housing Division provided onsite monitoring for the majority of these HOME Investment Partnership Program (HOME) projects this fiscal year. Due to staff shortages, the City was unable to monitor all properties as planned. Monitoring will continue to be conducted in the 2025-2026 fiscal year.
Member Projects:
209 3 rd Street
808-810 S Soderquist Rd
736/738 Park St (2 units)
1540 Springville Way
Avena Bella Phase II 500 W Linwood
1480 Lambert
Ceres Farm Labor Projects
Newman Family Apartments in Newman
Las Palmas Senior Apartments in Patterson
1205 Lambert
CHDO projects:
401 N. Broadway
412 Montana
546 South Rose
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 28
581 and 583 Columbia St.
1061 Alpha Road
1318 S Canal (senior) Crane Terrace
1401 Apple Lane/ 420 Montana
1441 Apple Lane
Heritage Oaks Senior Housing-Oakdale
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b)
In general, the City is proactive in encouraging participation in each housing program or project. Advertisements occur in local circulations, social media, public presentations and events, and through housing providers. In regard to rental projects with five or more units, the City continually takes actions to provide information and otherwise attract eligible persons in the housing market area to the available housing, without regard to race, color, national origin, sex, religion, familial status or disability. Display of the Equal Housing Opportunity logo is included in each public notice, on the city’s website and in program advertisements. Fair Housing Poster is posted in each jurisdiction’s Housing office.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics
During the FY 2024-2025, $189,720.01 was received in program income and recaptured funds from HOME projects. Program income is applied to projects as draws are processed.
Describe other actions taken to foster and maintain affordable housing. 91.220(k)
Housing Choice Voucher Funds (previously known as Section 8): The Stanislaus Regional Housing Authority administers the Housing Choice Voucher program for the City and provides rent subsidies.
Low-Income Housing Tax Credits (LIHTC): The federal 4% and 9% LIHTC is the principal source of funding for the construction and rehabilitation of affordable rental homes. They are a dollar-for-dollar credit against federal tax liability.
HUD VASH: The Stanislaus Regional Housing Authority administers the VASH vouchers from the U.S. Department of Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH) program for their efforts to house homeless veterans in Stanislaus County. The vouchers are provided to eligible veterans and non-profit agencies serving veterans.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 29
Attachment: CDBG PR26 Report
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 30
Comment Period Proof of Publication & Summary of Public Comments
The Report was presented at the Public Hearing to Turlock City Council on September 09, 2025 at 6:00 p.m.: 156 South Broadway, Turlock, CA 95380 in the Yosemite Conference room/council chambers. Approximately xx persons plus city staff were in attendance.
Comments:
Public Comments made at 09/09/2025 Council meeting:
1. Pending
Other comments received: xx additional comments were received through the comment period of August 22, 2025 and up until the council meeting on September 08, 2025.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 31
Attachment: Public Notices
This ad was run in the Modesto Bee on August 22, 2025.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 32
Attachment: Public Notices
This ad was run in the Modesto Bee on August 22, 2025.
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 33
Attachment
FY 2024-20251 2 3 4 5 6 7Public Service ProjectsWe Care Program-Turlock-We Care Emergency ShelterUnited Samaritans Foundation-Emergency Food BoxUnited Samaritans Foundation-Senior Congregate LunchCenter for Human Services-Street Youth Outreach/NavigationCity of Turlock Recreation-Recreation for All ScholarshipHealthy Alternatives to Violent Environmanets (HAVEN)-Housing AssistanceProject Sentinel -Fair HousingTotals IDIS NumberFunding Budgeted Amount $4,500.0010,000.0010,000.0010,000.0010,000.0010,000.0010,000.00 64,500.00 Funded Amount $4,500.0010,000.0010,000.0010,000.0010,000.0010,000.0010,000.00 64,500.00 Returned Funds $0.00 0.00 0.00 723.25 0.00 0.00 - 723.25 Net Funds Received $4,500.0010,000.0010,000.009,276.7510,000.0010,000.0010,000.0063,776.75 Income Breakdowns Extremely low 0-30%215 294 5 3 2 13 13 545 Very Low 31-50%16 111 15 1 24 1 - 168 Low/Mod 51-80%2 26 10 - 13 - - 51 Above 80% - 1 3 - 11 - - 15 Total Served233 432 33 4 50 14 13 779 Race/Ethnicity Breakdowns White186 364 30 4 18 9 10 621 Black or African 33 24 2 - 2 1 - 62 Asian3 39 - - - - - 42 American Indian/Alaskan Native6 1 1 - - - 3 11 Native Hawaiian or Other Pacific Islander3 2 - - - - - 5 American Indian or Alaska Native & White1 - - - - 1 - 2 Asian & White- - - - - - - - Black or African American & White- - - - - - - - American Indian or Alaska Native & Black or African American- - - - - - - - Balance/Other1 2 - - 30 3 - 36 Total Served233 432 33 4 50 14 13 779 Hispanic72 225 10 2 40 2 3 354 Other Statistics- Female Head of - 36 - 2 28 11 4 81 Over 62 years old40 136 33 - - - 209 People with Disabilities140 83 9 1 1 3 3 240 Homeless persons 233 N/A N/A4 N/A N/A- 237 Homeless persons assisted with special unknown unknown unknown unknown unknown unknownunknown - Contract number2025-005 2025-002 2025-003 2025-006 2025-004 2025-008 2025-007Purchase order number2025-703 2025-7182025-7192025-0692N/A2025-7212025-720
City of Turlock and Turlock/ Stanislaus County HOME Consortium CAPER Fiscal Year 2024-2025 -Draft 34
Attachment
City Council Staff Report
September 23, 2025
From: Jason Hedden, Police Chief
Prepared by: Paul Inderbitzen, Police Sergeant
Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Ordinance: Introduction and first reading of an ordinance repealing and replacing Turlock Municipal Code title 6 (sanitation and health), chapter 6-9 (massage establishments and schools of massage) with a new chapter 6-9 (massage and massage establishments) to remove outdated massage establishment regulations and adopt updated regulations according to California state law.
2. NARRATIVE:
Senate Bill 731 (2008), also known as the Massage Therapy Act, created a voluntary certification program for the massage therapy profession to enable consumers and local governments to easily identify credible Certified Massage Therapists (CMT’s). The California Massage Therapy Council (CAMTC) was created to set standards for education and professional conduct. Since that time, CAMTC certification has continued to become the industry standard for the massage therapy profession.
The Turlock Municipal Code was last updated in 2010 to comply with the requirements of SB 731, but still maintains the local ability to permit those massage therapists not CAMTC certified. The current code requires Police Permits for massage therapists not CAMTC certified. This permit process can be an exhaustive use of staff time, and is essentially duplicating the work of a CAMTC certification at the local level, without the specialized knowledge that the CAMTC Board has of the profession. CAMTC Certification requires confirmation of identification, a criminal background check, submission of official transcripts from approved schools with a minimum of 500 hours of instruction, and adherence to the provisions of the California Massage Therapy Act. CAMTC has procedures in place for the suspension or revocation of certificates for violations of the Massage Therapy Act. CAMTC certification allows a certificate holder to practice massage for compensation in all cities and counties in the State of California without having to obtain a local permit.
The notable proposed amendments to this chapter include:
• A requirement for all massage therapists working in the City of Turlock to be CAMTC certified. The City would no longer conduct police permits for massage therapists that are not CAMTC Certified.
• A requirement that all business establishments where the owner is not CAMTC certified obtain a police permit for operation of the business. This permit would be regulating the business and business owner, without infringing on the state law protections for CAMTC certified massage therapists. Additionally, this requirement would allow the Police Department to revoke operating rights if the business is not conforming to standards.
Agenda Staff Report
9/23/2025
• Changing the language regarding inspection authority to authorize the Police Department to inspect all massage establishments, regardless of permit requirements. The current municipal code exempts CAMTC certified massage establishments. This is a necessary requirement to protect and safeguard public health, safety and welfare.
• A process by which the Chief of Police or designee, shall confirm the CAMTC certification for massage therapists, and notify City Finance of approval to work without a police permit.
• Enacting a grace period for compliance with CAMTC certification for sole-proprietors and businesses to coincide with the expiration of a current City issued business license.
• Enacts a process by which to declare a business as a nuisance, authorizes criminal prosecution, administrative fines, and prosecutorial discretion.
City staff recommends the proposed changes to this chapter to enhance the minimum standards for massage businesses and massage therapists to reduce the risk of illegal activity, as well as benefiting public health and legitimacy in the massage therapy profession.
3. FISCAL IMPACT / BUDGET AMENDMENT:
This item has no fiscal impact.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Draft Ordinance
BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
ORDINANCE NO. 13XX-CS
WHEREAS, the City Council of the City of Turlock last amended Turlock Municipal Code, Title 6, Chapter 9 in 2010; and
WHEREAS, current state law allows additional local oversight of massage businesses and massage establishments not currently found in Turlock Municipal Code, Title 6, Chapter 9; and
WHEREAS, the City Council wishes to exercise this local oversight to protect the health, safety and welfare of the City’s residents and visitors.
NOW, THEREFORE, the City Council of the City of Turlock does ordain as follows:
Section 1. REPEALED: Title 6, Chapter 9 MASSAGE ESTABLISHMENTS AND SCHOOLS OF MASSAGE is hereby repealed in its entirety.
Section 2. REPLACED: Title 6, Chapter 9 is hereby added to read as follows:
Chapter 6-9 MASSAGE AND MASSAGE ESTABLISHMENTS
Article 1. General Provisions
6-9-101. Purpose and Intent.
It is the purpose and intent of this Chapter to provide for the orderly regulation of massage businesses and massage establishments and also to comply with state regulations as it relates to massage and massage therapy services. The City Council recognizes massage is a viable professional field offering the public valuable health and therapeutic services. While there are significant health benefits that can result from massage, there are also significant risks of injury by persons improperly trained and/or educated in providing massage services. There are also opportunities for illegal acts of prostitution, lewdness and human trafficking that can occur in massage businesses and massage establishments.
IN THE MATTER OF REPEALING AND
REPLACING TURLOCK MUNICIPAL
CODE TITLE 6 (SANITATION AND
HEALTH), CHAPTER 6-9 (MASSAGE
ESTABLISHMENTS AND SCHOOLS OF
MASSAGE) WITH A NEW CHAPTER 6-9
(MASSAGE AND MASSAGE
ESTABLISHMENTS) TO REMOVE
OUTDATED MASSAGE ESTABLISHMENT
REGULATIONS AND ADOPT UPDATED
REGULATIONS ACCORDING TO
CALIFORNIA STATE LAW.
}
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Ordinance No. 13XX-CS
This Chapter establishes minimum standards for massage businesses, massage establishments, and massage therapists so as to protect and safeguard the public health, safety and welfare and to enhance the reputation of the profession and integrity of the services provided. The establishment of reasonable standards for the issuance of business licenses and restrictions on operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.
It is the purpose and intent of the City Council that massage businesses, massage establishments, and massage therapists offering such services be regulated so as to ensure that persons offering massage services possess the minimum qualifications necessary to operate such a business and are able perform the services offered to ensure that those offering these services conduct their work in a lawful and professional manner and comply with required building, sanitation and health standards. 6-9-102 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter.
(a) "California Massage Therapy Council" or "CAMTC" shall mean the non-profit organization created to regulate the massage industry set forth Chapter 10.5 of Division 2 of the Business and Professions Code of the State of California (commencing with section 4600).
(b) "CAMTC Certificate" shall mean a current and valid certificate issued by the California Massage Therapy Council to a massage practitioner pursuant to Business and Professions Code section 4601(b) or (c) or any later enacted amendment. (c) "Certified Massage Therapist" or "massage therapist" shall mean any individual, certified by the CAMTC and possessing a valid CAMTC Certificate and is licensed to practice or administer massage, in exchange for any form of compensation within the City of Turlock. All persons certified by CAMTC shall have the right to perform or engage in the practice of massage consistent with the Massage Therapy Act, the qualifications established by his or her certification, and the provisions of this Chapter stated herein.
(d) "City" shall mean the City of Turlock.
(e) "Client" shall mean the customer or patron who pays for or receives massage services.
(f) "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(g) "Employee" shall mean any person employed by a massage business who may render any service to the business and who receives any form of compensation from
Ordinance No. 13XX-CS
the business. For the purposes of this Chapter, the term "Employee" shall include independent contractors, agents and volunteers.
(h) "Licensee" or “Business Licensee” shall mean any person who receives from the City of Turlock a Business License pursuant to Title 3, Chapter 1 of the Turlock Municipal Code.
(i) "Manager" means a person who supervises, manages, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage business or a massage establishment. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner.
(j) "Massage" or "Massage Therapy" shall mean any method of treating the external parts of the body for remedial, health, or hygienic purposes for any form of compensation by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating, of the external parts of the body with hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without such supplementary aids as rubbing alcohol, liniments, antiseptic, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, mud, fermentation or any other type of bath.
(k) "Massage business" means any business that offers massage in exchange for compensation, whether at a fixed place of business or at a location designated by the Client through outcall or on-site massage services. The term "massage business" includes a Certified Massage Therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, including those that rent space as an independent contractor from a spa, day spa or salon. For the purposes of this Chapter, the term "massage business" may include those businesses that provide separate massage services, such as spas, day spas, and salons, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of a barber's, cosmetologist's, and esthetician's state license. For spas, day spas, and salons that are solely renting space to one or more Certified Massage Therapist[s] as independent contractor[s] who otherwise meet all the provisions of this Chapter 6-9, those spas, day spas and salons shall not be treated as “massage business” for purposes of this Chapter 6-9 and rather each such independent contractor shall be treated as the “massage business”. However, such spas, day spas and salons shall be “massage establishments” as defined in subsection (l).
(l) "Massage establishment" shall mean a fixed location where massage for compensation is regularly conducted. For the purposes of this Chapter, the term "massage establishment" shall include those businesses that provide separate massage services, such as spas, day spas and salons, but shall not apply to massages performed to limited areas of the neck, face and/or scalp, hands or feet of the clients
Ordinance No. 13XX-CS
when that massage is accessory to and within the scope of a barber's, cosmetologist's, and esthetician's state license.
(m) "On-site massage" shall mean a massage given to an individual who remains fully clothed during the massage and at a location other than a massage business or massage establishment, and is limited to massages that take place at malls, business offices, sports complexes, convention centers and public events. (n) "Operator" or "massage business operator" shall mean any and all owners of a massage business.
(o) "Out-call massage" shall mean engaging in or carrying on of massage for compensation in a location other than a duly licensed massage establishment. (p) "Owner" shall mean any of the following:
(1) The sole proprietor of a massage business or massage establishment; or (2) Any person who is a general partner of a general or limited partnership that owns a massage business; or
(3) Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage business; or
(4) Any person who is a member of a limited liability company that owns a massage business; or
(5) Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage business. (q) “Permittee” or “Massage Business Permittee" shall mean any person who receives from the City of Turlock a Massage Business Permit pursuant to Section 6-9-205. (r) "Person" shall mean any individual.
(s) "Reception area" shall mean the area immediately inside the front door of the massage establishment, dedicated to the reception and waiting of clients and visitors of the massage establishment, which is not a massage room or otherwise used for the provision of massage services.
(t) “Salon” shall mean a business that offers a variety of services intended to meet personal needs of individuals such as hair cutting, hairdressing, hair design, manicures and pedicures, and massage.
(u) "Sole-Proprietorship" shall mean a massage business where the owner owns one- hundred percent (100%) of the business, is the only person who provides massage services for compensation for that business pursuant to a valid and active CAMTC
Ordinance No. 13XX-CS
certificate, and has no other employees or independent contractors that perform massage for the business.
(t) "Spa" or "Day Spa" shall mean a business that offers a variety of services intended to meet personal needs of individuals such as skin treatment, manicures and pedicures and massage.
6-9-103 Exemptions.
The provisions of this Chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
(a) Physicians, surgeons, nurses, chiropractors, osteopaths, acupuncturists, podiatrists, physical therapists, who are duly licensed to practice their respective professions, in the State of California under the provisions of Division 2 (commencing with section 500) of the Business and Professions Code.
(b) Persons operating or employed at hospitals, nursing homes, sanitariums, or any other health facility duly licensed by the State of California. (c) Trainers of any amateur, semi-professional or professional athlete or athletic team, so long as such persons' practice of massage is limited to such athletes and athletic teams.
(d) Persons operating or employed at athletic clubs or fitness facilities, where such facility is designed and equipped for indoor sports, exercise, or physical education, and where massage services are provided to members of such facilities. (e) Barbers, cosmetologists, or estheticians who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses, so long as the barber, cosmetologist or esthetician limits any massages he/she performs in the course of his/her professional duties to the neck, face and/or scalp, hands or feet of the clients when that massage is accessory to and within the scope of the barber's, cosmetologist's, and esthetician's state license.
(f) Enrolled students of a school of massage when they are performing massage within the City as part of a formal supervised internship or training wherein the student receives school credit, operated by the school, without receiving any form of compensation, including tips, on the premises of a massage establishment duly authorized to operate in the City.
(g) Persons performing a therapeutic modality for which the state does not offer licenses or certification under the provisions of Division 2 (commencing with section 500) of the Business and Professions Code and the modality is performed with minimal touching and the client remains fully clothed at all times, such as Reiki, Reflexology, Rolfing or the Bowen Technique.
6-9-104 Out-Call Massage and On-Site Massage Restrictions.
Ordinance No. 13XX-CS
(a) No person or massage business shall perform either on-site massage or out-call massage for compensation without possessing a CAMTC certificate in conjunction with a valid City Business License.
(b) Out-call massage shall not be performed unless authorized in writing by a physician, surgeon, chiropractor or osteopath duly licensed to practice in the State of California. (c) Out-call massage and on-site massage shall only be conducted between the hours of 8:00 a.m. and 8:00 p.m.
(d) Out-call massage or on-site massage shall not be conducted in the following locations:
(1) A hotel/motel room or any other similar location used primarily for transitory habitation purposes.
(2) The residence of the out-call or on-site massage therapist. 6-9-105 Health and Safety Requirements for all Massages.
All massage establishment owners, operators, employees, sole proprietors, independent contractors and any person performing massage within the City shall comply with all of the following health and safety requirements. (a) Massage establishments and massage therapists shall at all times have an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels, non-disposable coverings, and linens shall not be used on more than one (1) client, unless they have first been laundered and disinfected. Disposable towels and disposable coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate receptacles.
(b) In the massage establishment, wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, showers and bathrooms, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day when the premises are open, with a hospital-grade disinfectant. Bathtubs shall be thoroughly cleaned with a hospital-grade disinfectant after each use. All walls, ceilings, floors and other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition.
(c) All equipment used in the massage establishment shall be maintained in a clean and sanitary condition. Instruments utilized in performing massage techniques shall not be used on more than one (1) client unless they have been sterilized, using standard sterilization methods.
(d) No massage establishment shall have any alcohol for consumption or illegal controlled substance on the premises at any time except for those massage establishments who obtain authorization from the Chief of Police and any licenses from
Ordinance No. 13XX-CS
the State of California Department of Alcohol Beverage Control that may be necessary to provide alcohol to a client as a part of the establishment's services. (e) No massage shall be given by any massage therapist who is consuming, or under the influence of, any alcoholic beverage or illegal controlled substance. (f) No massage shall be given unless the client's genitalia and female breasts are, at all times, fully covered. Genitalia shall include the genitals, anus, and perineum of any person. No massage shall be provided to a client for sexual gratification by intentional contact, or occasional and repetitive contact with the client's genitalia or female breasts either covered or uncovered.
(g) No massage therapist or massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising material that depicts any portion of the human body that would reasonably suggest to prospective Clients that services prohibited by this Chapter are available nor shall any massage therapist or massage establishment employ language in any advertising text or business name that would reasonably suggest to a prospective client that any service is available that is prohibited under this Chapter.
(h) A massage therapist shall not violate the provisions of sections 647(a) (soliciting to engage in lewd or dissolute conduct in a public place) and 647 (b) (soliciting to engage in or engaging in any act of prostitution) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage business or at any massage establishment. 6-9-106 Operating Requirements for Massage.
All massage establishment owners, operators, employees, sole proprietors, independent contractors and any person performing massage within the City shall comply with all of the following operating requirements. (a) CAMTC certification shall be worn by and on the massage therapist's person during working hours and at all times when the massage therapist is inside a massage establishment or providing outcall massage. No owner, operator or manager of a massage establishment shall allow or permit a person to administer massage for such establishment unless the practitioner possesses and wears a valid CAMTC certificate. (b) Massage shall only be performed between the hours of 6:00 a.m. and 10:00 p.m. No massage business shall be open and no massage shall be provided between 10:00 p.m. and 6:00 a.m. A massage commenced prior to 10:00 p.m. shall terminate prior to 10:00 pm. and all clients shall exit the massage establishment prior to 10:00 pm. (c) A list of services available and the cost of each service shall be posted in the reception area within the massage establishment, and shall be described in English if another language is also used to list the available services. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner, manager, or operator shall permit, and no massage therapist shall offer to perform any
Ordinance No. 13XX-CS
service other than those posted or listed, as required herein, nor shall an owner, manager, or operator nor a massage therapist request or charge a fee for any service other than those on the list of available services posted in the reception area or provided to the client in advance of any outcall services. (d) The massage establishment premises and facilities shall meet and be maintained in a condition to comply with all applicable code requirements of the City, including, but not limited to, those related to the safety of structures, adequacy of the plumbing, lighting, heating, ventilation, waterproofing of rooms in which showers, water or steam baths are used, and the health and cleanliness of the facility.
(e) Clients of the massage establishment shall be furnished with a private dressing room. Dressing rooms need not be separate from the room in which the massage is being performed.
(f) Toilet facilities shall be provided in convenient locations within the massage establishment and shall consist of at least one (1) unisex toilet with lavatories or wash basins provided with soap and both hot and cold running water either in the toilet room or vestibule.
(g) A minimum of one (1) wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Soap and sanitary towels shall also be provided at each basin.
(h) The CAMTC certificate of each and every massage therapist performing massage shall be displayed in the reception area or in the area where massage is to be performed. CAMTC certificates of former employees, independent contractors, volunteers shall be removed as soon as those massage therapists are no longer performing massage at the location. All records of employees, independent contractors, volunteers who have performed massage for a massage business shall be retained for a period of two (2) years.
(i) Massage therapists shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and said garments shall not expose their genitals, pubic areas, buttocks, or breasts.
(j) Every massage business shall keep a written or electronic record of the date and hour of each treatment administered, the name and address of each Client, the name of the massage therapist administering treatment, and the type of treatment administered.
Such written or electronic record shall be available for inspection by officials charged with the enforcement of this Chapter. Such records shall be kept on the premises of a massage establishment for a period of two (2) years and shall be open to inspection by the City.
(k) Where the massage establishment has staff available to ensure security, the entry to the reception area of the massage business shall remain unlocked during business hours when the establishment is open for business or when clients are present.
Ordinance No. 13XX-CS
(l) No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage.
(m) Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients and in all areas where clients are present.
(n) No massage establishment shall allow any person to reside within the massage establishment or in any attached structures owned, leased or controlled by the massage establishment owners.
(o) All massage establishments must comply with all state and federal laws and regulations pertaining to disabled clients.
(p) All massage establishments must comply with the city's sign ordinance pursuant to Title 9, Chapter 2 of the Turlock Municipal Code.
Article 2. Licensing and State Certification
6-9-201 CAMTC Certification Required.
(a) It shall be unlawful for any person to perform or engage in the practice of massage for compensation within the City unless that person possesses a current, valid, unsuspended and unrevoked CAMTC certificate.
(b) It shall be unlawful for any massage business or massage establishment to provide massage for compensation within the City unless all persons employed by the massage business or massage establishment to perform massage; whether as an employee, independent contractor, volunteer, or sole proprietorship, possesses a current, valid, unsuspended and unrevoked CAMTC certificate.
6-9-202 Time for Compliance with CAMTC Certification.
(a) Any individual holding a valid Business License and issued by the City to perform or engage in massage for compensation within the City prior to the effective date of this Chapter, may continue to provide such massage services under that license until that license expires, but shall otherwise comply with the requirements of this Chapter. Upon expiration of said license issued by the City, any person who desires to continue to provide massage for compensation within the City shall first obtain a current, valid, unsuspended and unrevoked CAMTC certificate.
(b) Any massage business holding a valid Business License issued by the City to provide massage for compensation within the City may continue to operate as a massage business until the license expires provided that all of the massage business' employees providing massage services possess a CAMTC certificate or the equivalent state certificate for massage. Upon expiration of the massage business' City Business License, any massage business that desires to continue to provide massage for
Ordinance No. 13XX-CS
compensation within the City shall first ensure that all of the massage business' employees providing massage possess a current, valid, unsuspended and unrevoked CAMTC certificate.
(c) All persons, massage businesses or massage establishments, including its owners, operators, managers, and employees engaged in the practice of massage for compensation within the City shall comply with all health and safety and operating requirements, set forth in this Chapter 6-9-105 and 6-9-106, upon its effective date. 6-9-203 City Business License.
(a) Any person or massage business shall obtain a valid City Business License pursuant to Title 3, Chapter 1 of the Turlock Municipal Code to conduct massage for compensation within the City. Applicant shall provide a copy of a current and valid CAMTC certificate for every person who will be performing or engaging in the practice of massage for the massage business. Such certificate[s] shall be provided to the Chief of Police or designee to confirm the validity of the certificate[s]. The Chief of Police or designee shall notify City staff whether or not the applicant has a valid CAMTC certificate and may proceed with the business license application process. (b) Every massage business owner[s] or manager[s] who does not qualify as a massage therapist and is not CAMTC certified must obtain a Massage Business Permit and be subject to the requirements of Section 6-9-205 prior to the issuance of a City Business License. If any massage business owner[s] or manager[s] are denied a Massage Business Permit then a City Business License cannot be issued to the massage business until such time as the denied business owner[s] or manager[s] is removed from the application for the City Business License and replaced with a person who meets the requirements of this Chapter 6-9.
6-9-204 Exchange of Information.
The City may, from time to time, request information from CAMTC pertaining to any person who possesses a CAMTC certificate and who is engaging in the practice of massage in the City. The requested information may include, but need not be limited to, the current status of a person's CAMTC certificate, any history of disciplinary action(s) taken against the person, the home and work addresses of the CAMTC certificate holder, and any other information that may be necessary to verify fact relevant to administering the provisions of this Chapter.
6-9-205 Massage Business Permit for Owners and Managers who do not Qualify as Massage Therapists and Who are Not CAMTC Certified; Limited Exemption to CAMTC Certification.
(a) Massage Business Permit. Every massage business owner[s] and manager[s] who do not possess a current and valid CAMTC certificate, must obtain a Massage Business Permit from the Chief of Police, or his designee, prior to obtaining a business license, according to the procedures in this Section. Notwithstanding this provision, business owner[s] and managers of a salon, spa, or day spa need not comply with this Section if
Ordinance No. 13XX-CS
they are solely renting space to one or more Certified Massage Therapist[s] as independent contractor[s] who meet all the provisions of this Chapter 6-9 and each such massage therapists shall be treated as an independent “massage business”.
(1) The massage business owner[s] and manager[s] shall complete an application that requests information regarding topics including, but not limited to, the applicant's current business name and location, occupation, employment history for the five (5) years preceding the date of the application, and the name and address of any massage business or like establishment previously owned or managed by the applicant.
(2) All massage business owner[s] and manager[s] subject to this Section shall personally appear at the City Police Department to be fingerprinted. The Chief of Police, or his designee, shall conduct or cause to be conducted on its behalf a background investigation of the applicant.
(3) At the time of the fingerprinting, the applicant shall pay the Police Department a fingerprinting fee and the cost of obtaining criminal history information and conducting a background investigation. Fees are set forth in the City's fee schedule in amounts established by resolution of the City Council as may be amended by the Council from time to time.
(4) The Chief of Police, or his designee, shall determine, based on the background investigation and the information submitted with the application, whether a Massage Business Permit shall be issued. If the Chief of Police, or his designee, determines that the applicant is not qualified, the Chief of Police, or his designee, shall inform the applicant in writing and specify the reasons for the denial. The City may deny a Massage Business Permit for the following reasons:
(i) The applicant has provided materially false information in applying for a Massage Business Permit.
(ii) Within five (5) years immediately preceding the date of the filing of the application the applicant has been convicted of, or pled guilty to, any of the following offenses: violation of Penal Code sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b, 647d, 647i, 647j, any offenses requiring registration under Penal Code section 290; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive, as amended; any offense in another state which if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude;
(iii) Within five (5) years immediately preceding the date of the filing of the application the applicant has had a massage license suspended or revoked;
Ordinance No. 13XX-CS
unless the applicant can show mitigating circumstances exist since the revocation or suspension.
(5) Any person aggrieved by the decision of the Chief of Police, or his designee, may appeal that decision to the City Manager, or his designee, by filing a notice of appeal within ten (10) days of being notified of the decision.
(6) An appeal must be in writing, shall explain the reason(s) for the appeal and mailed to the City Manager's Office, or his designee, with a filing fee in the amount established by resolution of City Council as may be amended by the Council from time to time within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant.
(7) The hearing shall be conducted pursuant to Turlock Municipal Code Title 1 Chapter 4. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision.
The decision of the City Manager, or his designee, may be appealed pursuant to Turlock Municipal Code Title 1 Chapter 4.
(8) If a Massage Business Permit is granted by the Chief of Police, or his designee, it shall be valid until such time as the Permittee terminates the permit or the permit is suspended or revoked pursuant to Turlock Municipal Code Sections 6-9-206 and 6-9-207. The permit shall be non-transferrable and cannot be sold.
(9) A Massage Business Permittee shall notify the Chief of Police, or his designee, in writing at least thirty (30) days after the sale of the massage business or massage establishment for which he/she obtained the Massage Business Permit is completed.
(10) A Massage Business Permit shall be non-transferable and every new owner of a massage business or massage establishment who does not qualify as a massage therapist and is not CAMTC Certified must obtain a Massage Business Permit before operating a massage business or massage establishment.
(11) The City may establish a nonrefundable fee by resolution adopted by the City Council, as amended from time to time, to recover costs associated with initial applications and renewals of a Massage Business Permit.
(b) Limited Exemption to CAMTC Certification for Massage Professionals. The City recognizes that some massage professionals currently practicing within the City may not meet the current requirements set forth by the CAMTC due to changes in educational or other requirements, particularly changes in requirements concerning hours of schooling, although the person has been in practice as a massage professional for a significant period. The city will therefore allow individuals who were working within the city as a massage professional prior to November 1, 2025, and who meet the requirements of this Section to continue to practice massage as a massage professional
Ordinance No. 13XX-CS
under this exemption without certification from the CAMTC but with a Massage Business Permit under subsection (a).
(1) An individual seeking this exemption must demonstrate to the satisfaction of the Police Chief or designee that the individual worked as a massage professional in the City, either pursuant to their own massage business or the massage business of another under the then applicable Turlock Municipal Code requirements for at least three years prior to November 1, 2025.
(2) An individual granted an exemption from the CAMTC certification requirement pursuant to this Chapter shall be referred to as an "exempt therapist." An exempt therapist will be issued an exemption certificate in the form of a Massage Business Permit pursuant to subsection (a) above that includes a statement from the Police Chief or designee that the person met the requirements of this exemption. Any individual granted an exemption certificate is required to display, in the same manner this Chapter requires the display of CAMTC certification, the exemption certificate showing that the person met the requirements of this exemption.
(3) An exemption from the CAMTC certification requirement pursuant to this Section is valid for two years from the date of issuance of the exemption certificate and must be renewed every two years thereafter. Any exempt therapist who allows their exemption certificate to expire shall not be eligible to renew such exemption certificate or operate as a massage therapist under this exemption.
Failure to obtain a renewal on or before the date an existing exemption certificate expires shall make the individual ineligible for a continued exemption.
(4) The City may establish a nonrefundable fee by resolution adopted by the Council, as amended from time to time, to recover costs associated with initial applications and renewals of an exemption certificate.
(5) An exempt therapist is subject to and shall comply with all the requirements of this Chapter, except for the CAMTC certification requirements.
(6) Individuals who do not submit an initial application on or before March 31, 2026, for the exemption described in this Section shall be ineligible to qualify for the exemption.
6-9-206 Massage Business Permit—Grounds for Suspension and Revocation.
The Chief of Police, or his designee, may suspend and/or revoke a Massage Business Permit issued under this Chapter for one (1) or more of the following reasons:
(a) A Massage Business Permit was obtained with fraudulent or deceitful information.
(b) A Massage Business Permittee violated a provision or provisions of this Chapter or the Massage Therapy Act or some other state or federal law. Including a violation of Penal
Ordinance No. 13XX-CS
Code sections 243.4, 261, 266a through 266j, inclusive, 267, 288, 314 to 316 inclusive, 318, 647a, 647b,647d, 647i, 647j, any offenses requiring registration under Penal Code section 290; any felony offense involving the possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code sections 11054 to 11058, inclusive, as amended; any offense in another state which if committed in California, would have been punishable as one (1) or more of the offenses mentioned here, any offense involving the use of force or violence upon the person of another, or any offense involving the use of force or violence upon the person of another, or any offense involving theft, embezzlement, or moral turpitude;
(c) The massage business or massage establishment is not being maintained in compliance with the provisions of this Chapter, the Massage Therapy Act (Business & Professions Code sections 4600-4621, any other provision of the Turlock Municipal Code or any other local, state or federal law and the Massage Business Permittee has failed to promptly remedy any deficiency for which they have received notice.
(d) The massage business or massage establishment has knowingly employed, allowed, or permitted a person who was not certified by CAMTC to perform massage services at the massage business or massage establishment.
6-9-207 Massage Business Permit—Process for Suspension and Revocation.
(a) The Chief of Police, or his designee, shall send written notice of the suspension or revocation shall be served on the business owner[s] or manager[s] by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal.
(b) Suspension or revocation issued pursuant to subsection (a) shall be effective five (5) days from the date appearing on the notice, unless a timely appeal is filed in accordance with subsection (c).
(c) The decision of the Chief of Police, or his designee, may be appealed to the City Manager's Office, or his designee. An appeal must be in writing, shall explain the reason(s) for the appeal and mailed to the City Manager's Office, or his designee, with a filing fee in an amount established by resolution of City Council as may be amended by the Council from time to time within five (5) days of the date of the written notice. The City Manager, or his designee, shall schedule a hearing within thirty (30) days and provide written notice of the time, date and location of the hearing to the appellant.
(d) The hearing shall be conducted pursuant to Turlock Municipal Code Title 1 Chapter
4. The City Manager, or his designee, shall render a decision within thirty (30) days of the conclusion of the hearing, unless the parties agree otherwise. The City Manager, or his designee, shall notify the appellant in writing of the decision. The decision of the City Manager, or his designee, may be appealed pursuant to Turlock Municipal Code Title 1 Chapter 4.
6-9-208 Inspection of Massage Establishment by Officials.
Ordinance No. 13XX-CS
The investigating and enforcing officials of the City, including but not limited to the Chief of Police, or his designees, Chief Building Official or his designees, the Chief of the Fire Department or his designee, shall have the right to enter the massage business or the massage establishment premises, from time to time, during regular business hours, for the purpose of making reasonable inspections to observe and enforce compliance with applicable laws, statutes and regulations, and with the provisions of this Chapter. The Chief Building Official and/or the Chief of the Fire Department may charge a fee for any safety inspections, which shall be established by Council.
6-9-209 Applicability of Other Ordinances.
Nothing contained in this Chapter shall be construed to exempt any person from complying with the provisions of any other applicable ordinance, rule, or regulation, or to exempt a massage business, massage establishment, or massage therapist from the provisions of any zoning, licensing or other building ordinance, rule or regulation.
6-9-210 Notifications.
(a) Any person or Business Licensee shall notify the City Finance Department of any amendments or changes necessary to the information provided to the City pursuant to Section 6-9-203.
(b) Any person or Business Licensee who holds a City Business License pursuant to Section 6-9-203 shall inform the City Finance Department and Chief of Police within five (5) days if any of following events occur:
(1) Arrest of any employee, owner, manager, or operator of the massage business or massage establishment.
(2) Any event involving an employee, owner, manager, operator or independent contractor, volunteer that may constitute a violation of this Chapter or any state or federal law.
(c) This provision shall be complied with even if the Licensee believes that the City has or will receive the information from another source.
6-9-211 Nuisance.
Any massage business or massage establishment operated, conducted, or maintained contrary to the provisions of this Chapter shall be unlawful and a public nuisance, and the City Attorney may, in the exercise of discretion, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in any manner provided by law, and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting, or maintaining a massage business or massage
Ordinance No. 13XX-CS
establishment contrary to the provisions of this Chapter. All remedies provided for in this Chapter are cumulative.
6-9-212 Unlawful Business Practices may be Enjoined.
Any massage establishment or business operated, conducted, or maintained contrary to the provisions of this Chapter shall constitute an unlawful business practice pursuant to Business & Professions Code section 17200 et seq., and the City Attorney and/or District Attorney may, in the exercise of its discretion, in addition to or in lieu of taking any other action permitted by this Chapter, commence an action or actions, proceeding or proceedings in an appropriate court of jurisdiction, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including but not limited to fines, attorney's fees and costs.
6-9-213 Criminal Prosecution.
A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall constitute a misdemeanor and at the discretion of the City Attorney, a violation of any provision of this Chapter may be prosecuted in a criminal court. Any violation of this Chapter prosecuted as a misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000.00), per violation or by imprisonment in the County Jail for a period of not more than six (6) months, or by both fine and imprisonment. All remedies provided for in this Chapter are cumulative.
6-9-214 Administrative Fines.
A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Chapter, may result in the issuance of an administrative citation and the City may, at its discretion, seek an administrative fine of up to one thousand dollars ($1,000.00).
(a) Each violation of any provision of this Chapter shall constitute a separate and distinct violation for each and every day during which any violation of any provision of this Chapter is committed, continued or permitted by such person.
(b) Notice of the assessed fine shall be served by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal and the process for contesting the imposition of the fine with the City. The appeal process and timeline shall follow those procedures and timelines set forth in Turlock Municipal Code Title 1 Chapter 4.
(c) If an appeal is not filed and the fine is not paid within thirty (30) days from either the date of the notice of fine or a notice of determination from the Hearing Officer, the fine may be referred to a collection agency within or external of the City. (d) Any outstanding amounts owed to the City may be recovered through a lien against any real property owned by the offending party or a personal obligation lien against the offending party.
Ordinance No. 13XX-CS
6-9-215 Prosecutorial Discretion.
Pursuant to the City Attorney's prosecutorial discretion, the City may enforce violations of this Chapter as criminal, civil, and/or administrative violations utilizing administrative remedies. All remedies provided for in this Chapter are cumulative.
SECTION 3. VALIDITY: If any section, subsection, sentence, clause, word, or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The Turlock City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word, or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause, word, or phrase be declared invalid or unconstitutional.
SECTION 4. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this __ day of _____________, 2025, by the following vote:
AYES:
NOES:
NOT PARTICIPATING:
ABSENT:
Signed and approved this ___ day of _____________, 2025.
SIGNED:
__________________________
AMY BUBLAK, Mayor
ATTEST:
___________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California APPROVED AS TO FORM:
__________________________
George A. Petrulakis, City Attorney
City Council Staff Report
September 23, 2025
From: Nick Showalter, Information Technology Director
Prepared by: Nick Showalter, Information Technology Director Agendized by: Susan E. Borrego, Interim City Manager
1. ACTION RECOMMENDED:
Motion: Approving the agreement, in a form approved by the City Attorney, for the purchase and installation of upgraded audiovisual and technology equipment, which includes a video wall, video wall processor, and audio/video conferencing components from Solutionz, Inc., for the Emergency Operations Center pursuant to the Omnia Partners Contract No. R200803 for the total amount not to exceed $176,305.42 expensed from Fund 119 "American Rescue Plan Act - Minor Equipment Miscellaneous" in accordance with Turlock Municipal Code Section 2-7-08(b)(5), allowing use of joint, cooperative, or leveraged purchasing plans and not requiring an additional City bid procedure.
2. NARRATIVE:
Staff requests the approval of the agreement in a form approved by the City Attorney to purchase upgraded audiovisual and technology equipment, which includes a video wall, video wall processor, and audio/video conferencing components from Solutionz, Inc., for the Emergency Operations Center pursuant to the Omnia Partners Contract No. R200803 for the total amount not to exceed $176,305.42.
At the May 28th, 2024 City Council Meeting, staff briefed the Council on the City's most recent Emergency Operations Center (EOC) activation during the COVID-19 pandemic and shared an after-action report highlighting successes and challenges. The challenges shared within the after-action report were specific to communications, information gathering, and information sharing. To address these challenges, staff requested approval to allocate American Rescue Plan Act (ARPA) funds to upgrade the City's Emergency Operations Center (EOC). The technology upgrades and improvements will strengthen the EOC's ability to access and respond to real-time information and improve communication with both internal and external stakeholders.
One current challenge shared during the City Council Meeting was that the EOC has outdated audio and video equipment, and the ability to video conference was limited, not adequately allowing for remote meetings. The current video output within the EOC is a projector connected to a standard desktop with computer speakers for audio output. The current setup is limited in resources and output capabilities. The proposed upgraded audiovisual and technology equipment includes a video wall with eight LED narrow bezel monitors that will be mounted in a four-by-two grid. This video wall will be controlled by a video wall processor that can distribute high-resolution video from network and web-based sources that can be controlled through a user-friendly interface that allows for drag and drop input selection and thumbnail previews. For video conferencing and audio output, a PTZ camera, a wireless microphone array, and upgraded speakers will be installed and connected to a conferencing control system.
Agenda Staff Report
9/23/2025
The proposed audiovisual and technology upgrades will allow for enhanced capabilities for communication and information sharing within the EOC. Staff will be able to take multiple information sources, such as camera feeds, public broadcasts, and mapping/perimeter tools, and place them onto "a single pane of glass", allowing for real-time information to be consumed that will enhance overall situational awareness of an emergency or critical incident. In addition, staff within the EOC can video conference with external stakeholders to effectively communicate and share information regarding an emergency or critical incident when coordination is most important. In addition to emergency response, the improved audiovisual systems can be used when the EOC is not activated. The audiovisual systems will support staff training, internal briefings, and large group video conferencing meetings, providing a versatile tool for both daily operations and emergency preparedness. The anticipated timeline to complete this installation and receive training is approximately two weeks once the project start time is established.
3. FISCAL IMPACT / BUDGET AMENDMENT:
The Purchasing Division has determined that this item does not require a competitive procedure due to TMC 2-7-08 (b) (5), which states bidding is not required when engaged in joint, cooperative, or leveraged purchasing plans that have been solicited and awarded on a competitive basis.
The purchase of the video wall, the video wall processor, and audio/video conferencing components for a total of $176,305.42 from Solutionz will be expensed from Fund 119 "American Rescue Plan Act" out of the account 119-10-188.44030_000 - Minor Equipment Miscellaneous pursuant to the Omnia Partners Contract No. R200803.
Appropriate funds have been allocated during the Fiscal Year 2025-2026 budget process to fund this purchase.
4. ENVIRONMENTAL DETERMINATION:
This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.
5. ATTACHMENTS:
1. Exhibit A - City of Turlock EOC Proposal
2. City Contract 2026-0066 with RTS Solutionz Inc.
156 South Broadway
Turlock, CA 95380 US
2096685594
Prepared by:
2025 Solutionz, Inc., All Rights Reserved
Solutionz.com
Phone: 888.815.6128
Help Desk: 888.815.0322
www.solutionzinc.com
La Mirada, CA 90638
16751 Knott Ave
Xavier Dixon
9/10/2025
Proposal
City of Turlock EOC
Omnia: #R200803
Expires: 9/30/25
Estimate Number: 064556
Project Number: 2505372
Prepared for:
City of Turlock
System Functionality and Client Scope Overview
System Components and Functionality
Video System
Deployment of an AVer TR211V4 PTZ tracking camera for live video capture.
Installation of an 8-display video wall (55" narrow bezel LED monitors), powered by RGB Spectrum Zio W4024 IP video wall processor and CAT-Linx 3 extenders.
Wall mounts with XYZ adjustment for precise alignment of displays.
Integration of RGB Spectrum XtendPoint TX/RX for KVM-over-IP functionality.
Audio System
Installation of QSC AD-C6T-HP 6.5” ceiling speakers for clear, even coverage across the space.
Centralized processing via a QSC Core 110f-V2 DSP, supporting AVB and Dante integration.
One Shure MXA920 ceiling array microphone for high-quality voice capture.
Network connectivity and Dante bridging provided by Biamp TesiraCONNECT TC-5D.
Control and User Interface
A QSC TSC-101-G3 10.1” touch panel controller will be wall-mounted for system control.
Custom user interface (UCI) programming for seamless control of audio, video, and routing.
Infrastructure and Rack Integration
Equipment will be housed in a Middle Atlantic CFR-14-18 rack, complete with utility shelf, smart PDU (RLNK-915R), and cable management.
Smart power management with remote reboot and sequencing capabilities.
City of Turlock EOC Page 3 of 9
Summary
Location Location TotalEquipment
Professional
Services
Equipment $7,971.60$7,971.60 $0.00
Speaker System & Camera $21,962.00$21,962.00 $0.00
Rack $648.39$648.39 $0.00
Video Wall & Mounting Support $30,746.72$30,746.72 $0.00 RGB Equipment $54,327.72$54,327.72 $0.00
Professional Services $42,620.00$0.00 $42,620.00
Shipping/Freight $7,428.00$7,428.00 $0.00
$165,704.43Location Sub Total:
Please Note: Sales tax is not included in the amounts listed on this summary page.
City of Turlock EOC Page 4 of 9
Bill of Materials
Equipment
Qty. Item Ext. PriceUnit Price
$2,257.60Liberty AV 12-2C-BLK2 $1,128.80 $2,257.60
$5,714.00Solutionz Misc-Expense1 $5,714.00 $5,714.00
$0.00Tripp-Lite PS615
Description
COMMERCIAL 12/2 CL3R BLACK
[NB] - 6-Outlet Power Strip, 15-ft. Cord3 $0.00 $0.00
$7,971.60Equipment Total
Speaker System & Camera
Qty. Description Ext. PriceUnit Price
$2,934.00AVer TR211 12X 1080p60 Professional Auto Tracking PTZ Camera - PATR211V3
1 $2,934.00 $2,934.00
$1,486.005-port expansion device1 $1,486.00 $1,486.00
$1,982.005-port expansion device with AVB to Dante Bridging1 $1,982.00 $1,982.00 $3,160.006.5" Two-way high power, blind mount ceiling speakers, 70/100V transformer with 16? bypass. 120° conical coverage, include C-ring and rails for blind mount installation.
Color - White only. Priced individually, sold only in pairs. 8 $395.00 $3,160.00
$4,850.00Q-SYS Core Processor with 24 local audio I/O channels, 128x128 total network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VoIP telephony, no GPIO, 16 next-generation AEC processors, 1RU.
Includes Scripting/UCI functionality.
1 $4,850.00 $4,850.00
[Included Accessory] - Q-SYS Software-based Dante 8x8 Channel (4x4 Flows) License, Perpetual.
1 $3,300.00Q-SYS 10.1” PoE Touch Screen Controller for In-Wall Mounting.
Color - Black only
1 $3,300.00 $3,300.00
$4,250.00
Item
AVer PATR211V4
Biamp TesiraCONNECT TC-5
Biamp TesiraCONNECT TC-5D
QSC AD-C6T-HP
QSC CORE 110f-v2
QSC SLDAN-8-P
QSC TSC-101-G3
Shure MXA920W-S
Ceiling Array Microphone, Square, White, 24 inch1 $4,250.00 $4,250.00 $21,962.00Speaker System & Camera Total
Rack
Qty. Item Description Ext. PriceUnit Price
$31.44MIDDLE ATLANTIC 5-RS18 18''Bottom Runner Set1 $31.44 $31.44 $276.65MIDDLE ATLANTIC CFR-14-18 14Space, Cabinet Frame rack, 18D1 $276.65 $276.65 $301.70MIDDLE ATLANTIC RLNK-915R 15A, 9 Out, IP control Power1 $301.70 $301.70 $38.60MIDDLE ATLANTIC U1V 1space Vented Utility Shelf1 $38.60 $38.60 $648.39Rack Total
Video Wall & Mounting Support
Qty. Item Description Ext. PriceUnit Price
$28,261.36VZ-55ENB 55" HD 1080p LED Extreme Narrow 0.9mm bezel (1.8mm B-to-B) monitor8 $3,532.67 $28,261.36 $2,485.36VZ-XMS Video Wall Monitor Mount, spring loaded and X,Y , and Z axis fine tune adjustment system for easy and accurate installation
8 $310.67 $2,485.36
$30,746.72Video Wall & Mounting Support Total
City of Turlock EOC Page 5 of 9
All gear that is needed for installation: Cables, screws, bolts, connection plates, Extensions, mounting plates, backing, signal repeaters
Bill of Materials
RGB Equipment
Qty. Item Description Ext. PriceUnit Price
$136.00RGB Spectrum 520 12233-02 RGB Spectrum Mini-HDMI to HDMI Adapter8 $17.00 $136.00 $525.00RGB Spectrum 920 12033 RGB SPECTRUM, Table or wall mount bracket for a single CAT-Linx 2 or Zio endpoint
5 $105.00 $525.00
$177.33RGB Spectrum 920-12370 RGB Spectrum, Cable retention bracket for GO MD-4H-4 card1 $177.33 $177.33 $2,450.00RGB Spectrum CAT-Linx 3 RX-T Single-channel CAT-Linx 3 receiver; 4K UHD (60Hz) via HDMI; HDCP 2.2
compliant; Power over CATx capable
5 $490.00 $2,450.00
$2,450.00RGB Spectrum CAT-Linx 3 TX-T Single-channel CAT-Linx 3 transmitter; 4K UHD (60Hz) via HDMI; HDCP 2.2
compliant; Power over CATx capable
5 $490.00 $2,450.00
$1,480.00RGB Spectrum MS Zio 3 Zio products. Software Maintenance Agreement for years two through three.
1 $1,480.00 $1,480.00
$3,600.00RGB Spectrum OSS-LOC Each Day On-Site Support and/or Training during regular business hours
for customer locations located within
100 miles from an RGB Spectrum depot
(domestic or international)
1 $3,600.00 $3,600.00
$1,027.27RGB Spectrum PDU 400-12 C RGB Spectrum, PDU 400-12 C - Power Distribution Unit for up to 12 CAT- Linx 2 units. Provides 12 ports @ 12VDC/25W per port, 400W full load.
Includes 2.1mm power plug cables.
,
1 $1,027.27 $1,027.27
$580.00RGB Spectrum WAR CATLINX3 3 CAT-Linx 3 and CAT-Linx 3 Plus.
Extended hardware warranty for years two
through three.
10 $58.00 $580.00
$174.42RGB Spectrum WAR PDU 3 RGB Spectrum, PDU. Extended hardware warranty for years two through three.
1 $174.42 $174.42
$2,995.00RGB Spectrum WAR Zio 3 Zio products. Extended hardware warranty for years two through three.
1 $2,995.00 $2,995.00
$10,200.00RGB Spectrum XP 104 RX XtendPoint 4-Port Receiver unit with 1 DisplayPort 1.2 3 DisplayPort 1.1, 6 USB
2.0, audio and RS-232 outputs
2 $5,100.00 $10,200.00
$5,100.00RGB Spectrum XP 104 TX XtendPoint 4-Port Transmitter unit with 1 DisplayPort 1.2 3 DisplayPort 1.1, 1 USB
2.0, audio and RS-232 inputs
1 $5,100.00 $5,100.00
$440.00RGB Spectrum XP RAK Rackmount tray for up to 2 horizontal units (1RU)
1 $440.00 $440.00
$115.00RGB Spectrum ZIO BRK-IP4K RGB Spectrum, Cable Retention Bracket For Zio Ip4K And Ip4K-E Cards.
Enables Secure Locking Of All Mini-Hdmi Connectors On Card. 1 $115.00 $115.00
$22,877.70RGB Spectrum ZIO W4024 C1SXXMA2Z1 Zio W4024, Standard Software, 2x IP4K, 1x MD-4H-4
1 $22,877.70 $22,877.70
$54,327.72RGB Equipment Total
Professional Services
Qty. Item
Description
Ext. PriceUnit Price
$42,620.00Professional Services1 $42,620.00 $42,620.00
Shipping/Freight
Qty. Item Description Ext. PriceUnit Price
$7,428.00Solutionz S&H-S1 $7,428.00 $7,428.00
$7,428.00Shipping/Freight Total
City of Turlock EOC Page 6 of 9
Professional services include: Installation, Field Commissioning, Programming, Design engineering, Drafting , CAD, Rack Building, Delivery to Site, permit sets and site studies, Site walks, Project Management, Project coordination, Training.
Drafting Creation: $2,500
CAD - As Built Drawings: $2,500
Design Engineering: $3,500
Field Engineering/Commissioning: $4,000
Rack Build, Staging, Delivery: $820
Programming: $4,500
Site Studies: $2,000 (Structural Drawing Review 3rd Party Engineering) Installer: $15,250
Training: $500
Site Walk: $250
Project Management: $4,000
Project Coordination: $2,800
1. ALL SALES ARE FINAL. Any subsequent design changes at the direction of the customer must be agreed upon in writing.
2. Removed
3. PAYMENT TERMS: Invoices are due and payable within 30 days of the invoice date (i.e. Net 30).
4. INVOICING TERMS: Refer to the Payment Schedule above for Invoicing Terms
5. AGREEMENT: The prices and terms on this Estimate are not subject to verbal changes, verbal approvals or other verbal agreements. Any changes to prices, terms and conditions must be agreed upon in writing by both parties. Prices are based on market conditions existing on the date of this Estimate and Solutionz, Inc. may revise this Estimate as conditions change prior to final acceptance.
6. LABOR: All labor hours are based on regular working hours, Monday through Friday, 8:00AM-5:00PM. Any work outside of these hours will result in additional charges unless otherwise specified in the Estimate. In addition, all labor hours are based on continuous unrestricted access to the jobsite and facility where the work is to take place. Any access restrictions, interruptions, work stoppages or rescheduling of work not directly caused by, Solutionz, Inc. will result in additional labor charges.
7. SALES TAX: Customer tax status may vary, therefore, all Solutionz, Inc. pricing is agreed to on a pre-tax basis. Taxes on Solutionz, Inc. Estimates are estimated as well. The actual amount and/or corrected amount of taxes are the customer’s sole responsibility regardless of how taxes were presented in the signed Estimate. Any and all applicable taxes (e.g., Sales Tax, Use Tax, Value Added Tax) will be added to customer invoices pursuant to local laws.
8. FREIGHT, TAXES & TARIFFS: All freight is FOB Origin unless specified otherwise. Some items may drop ship directly to jobsite from the manufacturer. Unless specifically identified in a line item of this Estimate, import tariffs or other international shipping and freight charges are the customer’s responsibility and are not included in this Estimate.
9. DEFAULT: Finance charges of 1.5% per month will apply after 15 days in default. Solutionz, Inc. may, at its discretion, turn past due accounts over to collections by an outside company. Customer agrees to pay all costs incurred including, but not limited to, collection fees of 25% of the past due amounts, court costs, and reasonable attorney fees.
10. PAYMENT PROCESSING FEES: Pricing herein was developed on a cash basis, therefore, alternative payment methods (such as credit cards, bank cards, or other procurement programs that may reduce the net amount received by Solutionz, Inc. other than cash/check/ACH/wire will be assessed processing fees of 3% added to amount due. Not negotiable.
11. STORED GOODS: Customer will be invoiced for all equipment that is stored in a Solutionz, Inc. warehouse on behalf of customer. Storage fees of $500/mo. will apply for each pallet of customer equipment stored beyond 45 days.
12. 90-DAY WARRANTY: 90-day warranty on workmanship includes all cabling, connections, and system installation from date of beneficial use. 90- day warranty on equipment includes all installed system equipment from date of first beneficial use. Manufacturers’ warranties which extend beyond the 90 days will be honored on a carry-in basis. Any owner furnished equipment (OFE) is assumed to be in good working order. Owner furnished equipment is not covered under any Solutionz, Inc. warranty.
13. SOLUTIONZ INTERGRATED SUPPORT (SS-IS): We recommend Solutionz Integrated Support for all customers with High Availability or High Value systems. For complete details on service levels, term explanations, and exclusions, please refer to the full Service Level Agreement. $123,084.43
Proposal Overview and Terms
$42,620.00
Equipment:
Professional Services
Sales Tax (8.625%): $10,600.99
Grand Total $176,305.42
Grand Total Doesn't Include Optional Systems
City of Turlock EOC Page 7 of 9
In Solutionz Scope Out of Scope Task
PROJECT DOCUMENTATION
X System One-Line Drawings and Rack Elevations
X Floor Plan, RCP and Elevations Drawings
X Equipment Data Sheets
X Equipment Owner/Operator Manuals
X Device IP and Frequency Schedules
INSTALLATION TASKS
X Off-Site Rack Fabrication and Pre-Staging
X Provide Low Voltage Wire, Cable & Connections
X On-Site Installation of AV Equipment
X System Setup, Testing and Commissioning
X Control System Programming
X Customer Training
OWNER FURNISHED EQUIPMENT
X De-Installation of Existing Equipment
X E-Waste Recycling of Existing Equipment
X Verification and/or Documentation of Owner-Furnished Equipment X Storage of Owner Furnished Equipment
X Client Specific Inventory Tagging
X Provisioning of Computer/Codecs/VoIP Systems
NETWORKING
X Data Cabling to Owner’s Network
X Owner’s Network Configuration
OTHER TRADES
X Coordination with Other Trades ("Work by Others")
X General Construction & Millwork
X Drywall, Ceiling Grid & Finish Work
X In-ceiling Structural Support for Projectors
X In-wall Structural Support for Displays
X Vibration Isolation
X 110/220V Panels, Breakers, Recep, etc.
X Conduit, Wire tray, Raceway & Junction Boxes
X Fireproofing
X Supply Floor Boxes
X Install Floor Boxes
X Required Aerial Lifts and/or Scaffolding
SITE ACCESS EXPECTATIONS
Free On-Site Parking Permissions and Passes
Truck Height Dock Access
On-Site Trash Disposal (Dumpster Provided by Others)
Project Responsibilities and Exceptions
City of Turlock EOC Page 8 of 9
Payment Schedule and Agreement
Payment Schedule
Progress Billing Based on Deliverables
Client Signature:
Signer's Name:
I understand that ALL SALES ARE FINAL.
Solutionz, Inc.
Date:
Xavier Dixon 10-Sep-25
To help us better manage your account, please
provide the following information:
By signing below or incorporating this Estimate (or referencing the Estimate number) into a contract or purchase order, the Customer acknowledges receipt of and agrees to comply with all terms outlined herein, as well as Solutionz’s Terms & Conditions provided within. This Estimate, including any associated drawings, specifications, and designs, is the proprietary property of Solutionz and is intended solely for the Customer to whom it is addressed.
It shall not be duplicated, shared, or used for any purpose other than evaluating this proposal. This Estimate is valid for 14 days from the date of issuance.
NOTICE TO CUSTOMER
I certify that I am authorized to sign this agreement on behalf of the company named below.
Email:
Phone:
Name:
Accounts Payable Contact:
City of Turlock EOC Page 9 of 9
CITY CONTRACT NO. 2026-0066 1
{PLA2024}
08/2025
SERVICE PROVIDER (PREVAILING WAGE) AGREEMENT BETWEEN THE CITY
OF TURLOCK
and
RTS Solutionz Inc.
for
Audio-Visual Systems and Technology Upgrades for the Emergency Operations Center
City Contract No. 2026-0066
THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and RTS Solutionz Inc., a Nevada corporation (“Service Provider”), on this 23rd day of September 2025 (the “Effective Date”). City and Service Provider may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform Service Provider services to assist City with upgrading the audio-visual systems and technology for the Emergency Operations Center (the “Project”).
B. Service Provider has made a proposal to City to provide such Service Provider services. A description of the services Service Provider proposes to provide is included in the Scope of Services in Exhibit A attached hereto and incorporated herein by reference (“Services”).
City desires to retain Service Provider to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the schedule or timeline for providing the Services (“Completion Schedule”), which shall be included in the Scope of Services in Exhibit A.
D. The Parties have outlined the rates and method of payment to Service Provider for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
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08/2025
AGREEMENT
1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 52 of this Agreement, Sections 1 through 52 shall prevail
2. Term. The term of this Agreement shall be one (1) year(s) and will commence on the Effective Date and terminate on the 23rd day of September, 2026 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. [Intentionally Omitted]
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Service Provider shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A. If such Modifications cause an increase in the cost or time required for performance of Service Provider’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Service Provider and, if necessary, amend the Completion Schedule or Compensation Schedule.
The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Service Provider mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
5.3. Service Provider Requested Modification in Services. Service Provider shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Service Provider provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Service Provider’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Service Provider’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Service Provider’s proposed revisions, if any, to the Compensation Schedule; and
CITY CONTRACT NO. 2026-0066 3
{PLA2024}
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(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Service Provider Services. City shall pay Service Provider according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Service Provider will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in Service Provider’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Service Provider shall not exceed One Hundred Seventy-Six Thousand Three Hundred Five and 42/100ths Dollars ($176,305.42) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. [Intentionally Omitted]
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Service Provider within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Service Provider of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Service Provider shall provide City with monthly invoices sufficiently evidencing Service Provider’s expenses and completion of the Services. All invoices furnished to City by Service Provider shall be in a form approved by City. The payments specified shall be the only payments made to Service Provider for performance of the Services, including compensation for any Modification. Service Provider shall submit all billings for Services to City within forty- five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed. Service Provider shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).
8. Time of Performance. Service Provider warrants that it will commence performance of the Services within ten (10) calendar day(s) of the date the agreement was executed and shall conform to the Completion Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
9. City Assistance to Service Provider. [Intentionally Omitted]
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{PLA2024}
08/2025
10. Time and Personnel Devoted to Services. Service Provider shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Service Provider. Service Provider will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Service Provider. Service Provider is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing.
Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
11.1. Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, some work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”).
Some work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.
In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code.
(b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.
CITY CONTRACT NO. 2026-0066 5
{PLA2024}
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12. Representations of Service Provider. City relies upon the following representations by Service Provider in entering into this Agreement:
12.1. Qualifications. Service Provider represents that it is qualified to perform the Services provided in Exhibit A and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Service Provider shall also ensure that all subcontractors are similarly licensed and qualified. Service Provider and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Service Provider represents and warrants to City that Service Provider shall, at Service Provider's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Service Provider to practice Service Provider's profession at the time the Services are rendered.
12.2. Service Provider Performance. Service Provider represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by providers of the Services to be provided. Service Provider shall adhere to accepted Service Provider standards as set forth by relevant Service Provider associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted Service Provider customs, procedures and standards for such Services. Service Provider agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Service Provider shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Service Provider, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Service Provider to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Service Provider may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Service Provider represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety. Service Provider shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended,
CITY CONTRACT NO. 2026-0066 6
{PLA2024}
08/2025
all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Service Provider must be in accordance with these laws, ordinances, codes and regulations. Service Provider’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Service Provider shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Service Provider shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Service Provider's subcontractor, if any; (c) name and address of Service Provider's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Service Provider shall immediately notify City. Service Provider shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
13.1 Compliance with Federal Requirements. Professional agrees to comply with all applicable federal statutes, regulations, and requirements, including but not limited to:
• 2 CFR Part 200 (Uniform Guidance) procurement and cost principles; • Equal Employment Opportunity (41 CFR Part 60);
• Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352);
• Debarment and Suspension (2 CFR Part 180).
Professional certifies it is not debarred, suspended, or otherwise excluded from participation in federal programs.
14. Confidentiality. Service Provider understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Service Provider may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Service Provider shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Service Provider written authorization to make any such disclosure, Service Provider shall do so only within the limits and to the extent of that authorization. Service Provider may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on
CITY CONTRACT NO. 2026-0066 7
{PLA2024}
08/2025
other matters pertaining to the Project and, in such event, Service Provider agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Service Provider may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Service Provider shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.
15. Excusable Delays; Notice to Other Party of Delay. Service Provider shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, freight embargoes, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Service Provider. Force Majeure does not include: (a) Service Provider’s financial inability to perform; (b) Service Provider’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Service Provider’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Service Provider.
16. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
17. Suspension of Services by City. City reserves the right to suspend Service Provider's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Service Provider notice of such suspension and Service Provider shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Service Provider, the Service Provider shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Service Provider's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Service Provider shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Service Provider during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Service Provider within thirty (30) days of Service Provider resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Service Provider for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Service Provider no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless
CITY CONTRACT NO. 2026-0066 8
{PLA2024}
08/2025
otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
18. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, Service Provider or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Service Provider or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Service Provider or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Service Provider hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Service Provider may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and Service Provider agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Service Provider's Services hereunder. Service Provider shall have no ownership interest in such Products.
All work product of Service Provider under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Service Provider agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
19. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Service Provider. In the event City shall give such notice of termination, Service Provider shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Service Provider shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Service Provider or before Service Provider commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Service Provider. If City terminates this Agreement after City has issued the Notice to Proceed to Service Provider and after Service Provider has commenced performance under this Agreement, City shall pay Service