Turlock City Council
December 9, 2025

Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 105 $1,196,580.49 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 105 $1,196,580.49 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 105 $1,196,580.49 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 105 $1,196,580.49 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 105 $1,196,580.49 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 105 $1,196,580.49 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 105 $1,196,580.49 $0.00
user: Veronica Naranjo Pages: 17 of 17 Monday, December 1, 2025 Payment Register
City of Turlock
From Payment Date: 11/21/2025 - To Payment Date: 11/27/2025

City Council Regular Meeting
Minutes
November 18, 2025
6:00 PM
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California

1. CALL TO ORDER
Mayor Bublak called the meeting to order at 6:00 PM.

2. SALUTE TO THE FLAG

3. ROLL CALL AND DECLARATION OF CONFLICTS

Present: Councilmembers Cassandra Abram, Kevin Bixel, Erika Phillips, and Mayor Amy Bublak

Absent: Vice Mayor Rebecka Monez
Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
None None Absent None None

4. APPROVAL OF AGENDA AS POSTED OR AMENDED
Action: Motion: Approval of Agenda as Posted, motioned by Councilmember Abram, seconded by Councilmember Phillips and carried 4/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
None None Absent None None

5. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS,

PRESENTATIONS, AND BRIEFINGS
A. Presentation: Roads Program - Geer Road
Item presented by Roads Program Manager Fred Pezeshz with Ed Noriego from Mark Thomas.

6. PUBLIC PARTICIPATION
Mayor Bublak opened public comment and the following members of the public spoke:

Karen Valek
Milt Trieweiler
Bob Puffer
With no further comments, Mayor Bublak closed public comment.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, November 18, 2025

7. CITY MANAGER REPORTS/UPDATES
A. Monthly Department Reports
Interim City Manager Sue Borrego reported that artwork from the Senior Citizen Center is currently displayed on the walls at City Hall. She noted that there are openings on city commissions and committees, and encouraged community members to apply. She also announced that Discover Turlock is currently underway.

8. CONSENT CALENDAR
Mayor Bublak opened the item for public comment. There were no comments from the public, and Mayor Bublak closed public comment.

Deputy City Attorney Sarah Yonan-Alleta stated that the City Attorney's office has a conflict of interest with item 8C and did not review this item.

Action: Motion: by Councilmember Abram, seconded by Councilmember Bixel, to adopt the Consent Calendar and carried 4/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor
Monez
Councilmember
Phillips
Mayor
Bublak
Yes Yes Absent Yes Yes
A. Accepting the Weekly demands of October 17, 2025 through November 6, 2025 in the amount of $5,732,520.04, the Payroll register for July and September 2025, and the Investment Report for October 2025 in the amount of $315,966,175.47 Action: Approved Motion
B. Accepting the Minutes of the October 28, 2025 Regular City Council Meeting and the October 30, 2025 Special City Council Meeting
Action: Approved Motion
C. Awarding bid and approving an agreement with Machado and Sons Construction for City Utility Trench Repair 2025 in the amount of $155,011.00 (Engineering) Action: Approved Resolution No. 2025-193: Appropriating $53,000 to Fund 410 "Water Quality Control" account number 410-51-531.43145 “Pave Trenches” from unallocated reserves for the construction of City Project No. 25-041"City Utility Trench Repair 2025" Action: Approved Motion: Awarding bid and approving an Agreement with Machado and Sons Construction, Inc of Turlock, California in the amount of $155,011.00 and authorizing a construction contingency amount of $15,500.00 (10.0%) for the construction of City Project No. 25-041"City Utility Trench Repair 2025" to be funded by Fund 410 “Water Quality Control” and Fund 420 "Water"

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, November 18, 2025
Action: Approved Resolution No. 2025-194: Determining the award of bid for construction of City Project No. 25-041 "City Utility Trench Repair 2025" is exempt from the provisions of CEQA in accordance with section 15301 of the CEQA guidelines D. Approving Contract Change Order No. 2 with SoCal Pacific Construction, Corp. for City Project No. 23-027, “Secondary Clarifier No. 4 Recoating”, bringing the revised contract total to $290,510.00 (Engineering)
Action: Approved Motion: Approving Contract Change Order No. 2 between the City of Turlock and SoCal Pacific Construction, Corp. dba National Coating & Lining Company for City Project No. 23-027, “Secondary Clarifier No. 4 Relocating” in the amount of $16,937.00 bringing the contract total to $290,510.00
E. Authorizing the Interim City Manager to execute a Memorandum of Understanding with the Stanislaus Regional Water Authority regarding the preparation of a Joint 2025 Urban Water Management Plan (Municipal Services)
Action: Approved Motion: Authorizing the Interim City Manager to execute a Memorandum of Understanding with the Stanislaus Regional Water Authority regarding the preparation of a Joint 2025 Urban Water Management Plan
F. Adopting the updated Housing Rehabilitation Program and the First Time Homebuyer Secondary Financing Program Policies and Procedures Manuals for the Housing Program Services Division (Housing)
Action: Approved Motion: Adopting the updated Housing Rehabilitation Program and the First Time Homebuyer Secondary Financing Program Policies and Procedures Manuals for the Housing Program Services Division.

G. Approving the purchase renewal of backup software and support with Savant Solutions for an amount not to exceed $61,908.55 (Information Technology) Action: Approved Motion: Approving the renewal of Rubrik Data Backup and Recovery Solution software support with Savant Solutions for an amount not to exceed $61,908.55, which includes a base quote of $56,280.50 and a ten percent (10%) contingency ($5,628.05) to accommodate potential increases in cloud storage consumption.

9. FINAL READINGS
None

10. PUBLIC HEARINGS
A. Adopting the Procurement Manual and the First Reading of an Ordinance Amending Turlock Municipal Code Title 2, Chapter 7, regarding purchasing system to standardize and update the procurement and contracting process (Finance)
Finance Director Isaac Moreno presented the item.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, November 18, 2025
Mayor Bublak opened the item for public comment. There were no comments from the public, and Mayor Bublak closed public comment.

Motioned by Councilmember Abram, seconded by Councilmember Bixel, to adopt the item and carried 4/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor
Monez
Councilmember
Phillips
Mayor
Bublak
Yes Yes Absent Yes Yes
Action: Approved Motion: Adopt the Procurement Manual
Approved First Reading of an Ordinance: Amend Turlock Municipal Code Title 2, Chapter 7, regarding purchasing system to standardize and update the procurement and contracting process

11. ACTION ITEMS
A. Appropriating $299,399 in ARPA funds and approving an agreement, in a form approved by the City Attorney, with QWAKE Technologies for helmet camera equipment, software, and training (Fire)
Deputy Fire Chief Harcken presented the item in conjunction with Sam Cossman from QWAKE Technologies.

Mayor Bublak opened public comment and the following members of the public spoke:

Milt Trieweilwer
Name not provided
With no further comments, Mayor Bublak closed public comment.

Motioned by Mayor Bublak, seconded by Councilmember Phillips and carried 3/1 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
No Yes Absent Yes Yes
Action: Approved Motion: Approving an agreement with QWAKE Technologies for the purchase of sixteen (16) C-THRU Navigator units, four (4) Command tablets, accessories, shipping, three (3) year term for software subscription and initial training and start up in a form approved by the City Attorney Approved Resolution No. 2025-195: Appropriating $299,399 to Fund 119 "American Rescue Plan Act" account # 119-30- 300.51035 "Helmet Cameras" for the agreement with Qwake Technologies Inc. for the purchase of C-Thru technology equipment, software, training and support B. Approving an agreement, in form approved by the City Attorney, with StanCOG to receive $454,769 in REAP 2.0 funds and authorizing the Interim City Manager to contract with Dyett & Bhatia and Professional Planners to prepare a Master plan and zoning updates for the seven

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, November 18, 2025
unincorporated county islands (Development Services)
Development Services Department Director Werner presented the item.

Mayor Bublak opened public comment and the following member of the public spoke:

Milt Trieweiler
With no further comments, Mayor Bublak closed public comment.

Motioned by Councilmember Abram, seconded by Councilmember Bixel and failed 2/2 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Absent No No
Motioned to reconsider and adopt original item, by Mayor Bublak, seconded by Councilmember Abram and carried 4/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Absent Yes Yes
Action: Approved Resolution No. 2025-196 Appropriating $454,769 to Revenue Account Number 271- 40-400-452.34168 “REAP Grant” to be funded from a sub-allocation from the 2021 Regional Early Action Planning (REAP 2.0) grant and to appropriate $454,769 to Expense Account Number 271-40-400- 452.43055_000 “Consultant General” for the preparation of a comprehensive master plan for seven County Islands and the necessary zoning amendments
Action: Approved Resolution No. 2025-197 Approving a Memorandum of Understanding (MOU), in a form approved by the City Attorney, between the City of Turlock and Stanislaus Council of Governments (StanCOG) accepting the sub-allocation of 2021 Regional Early Action Planning (REAP 2.0) grant funds in the amount of $454,769 and authorizing the Interim City Manager to enter into, execute and deliver the MOU and any and all other documents necessary to secure the grant Action: Motion: Authorizing the Interim City Manager to enter into a professional services agreement, in a form approved by the City Attorney, with Dyett and Bhatia Urban and Professional Planners for the preparation of a comprehensive master plan for the seven unincorporated county islands within the City’s Sphere of Influence and prepare the appropriate and necessary documents and rezone amendments C. Accepting the City of Turlock's audited Financial Statements and related reports for the Fiscal Year Ended June 30, 2024 (Finance)
Finance Director Isaac Moreno presented the item in conjunction with Certified Public Accountant, Naeeraj Datta.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, November 18, 2025
Mayor Bublak opened public comment and the following members of the public spoke:

Name not provided
Bob Puffer
With no further comments, Mayor Bublak closed public comment.

Motioned by Councilmember Abram, seconded by Councilmember Bixel and carried 4/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Absent Yes Yes
Action: Approved Resolution No. 2025-198: Accepting the City of Turlock’s audited Financial Statements and related reports for the Fiscal Year ended June 30, 2024 D. Approving an agreement with Solid Networks Inc. for the purchase of co-managed project support and professional services for Microsoft 365 for an initial three-year term of $186,000 (Information Technology)
Information Technology Director Nick Showalter presented the item.

Mayor Bublak opened the item for public comment. There were no comments from the public, and Mayor Bublak closed public comment.

Motioned by Councilmember Abram, seconded by Councilmember Phillips and carried 4/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Absent Yes Yes
Action: Approved Motion: Approving an Agreement with Solid Networks Inc. for the purchase of comanaged project support and professional services for Microsoft 365, including the configuration development, migration of email, and lifecycle management, for an initial three (3) year term of $186,000 (including a ten percent contingency) to continue on a month-to-month renewal thereafter, expensed from Fund 501 "Information Technology."
E. Increase Turlock Partnership Incentive Program grant from $1,000 to $3,500 to better support new businesses. (Economic Development)
Communications Specialist Joseph Spangler presented the item.

Mayor Bublak opened the item for public comment. There were no comments from the public, and Mayor Bublak closed public comment.

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, November 18, 2025
Motioned by Mayor Bublak, seconded by Councilmember Abram and carried 4/0 by the following vote:

Councilmember
Abram
Councilmember
Bixel
Vice Mayor Monez Councilmember
Phillips
Mayor Bublak
Yes Yes Absent Yes Yes
Action: Approved Motion: Increase Turlock Partnership Incentive Program grant from $1,000 to $3,500 to better support new businesses

12. COUNCILMEMBER COMMENTS, ANNOUNCEMENTS AND FUTURE ITEMS Councilmember Abram thanked staff for their work on the Veteran’s Day event and highlighted upcoming festivities, including the Christmas Parade and the Firetruck Santa, which will have a published route map.

Councilmember Bixel extended warm wishes for a Happy Thanksgiving.

Councilmember Phillips expressed gratitude to City staff as well as the Fire and Police Chiefs.

Mayor Bublak shared that Derik Dami, a member of Measure L and the CDBG Committee, had recently passed away, offering prayers for his family. She also noted upcoming CSU Stanislaus men’s soccer and volleyball games, and reminded everyone that the annual tree lighting will take place the day after Thanksgiving.

13. CLOSED SESSION
City Clerk Nichole Fiez read aloud the closed session items.

A. Conference with Legal Counsel – Anticipated Litigation, Cal. Gov’t Code §54956.9(d)(2) “For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist... A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case(s): One (1)
B. Conference with Labor Negotiators, Cal. Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.”
Agency Designated Representative: Interim City Manager, Sue Borrego Employee Organization: Turlock Management Association-Public Safety Employee Organization: Turlock Associated Police Officers

14. REPORTS FROM CLOSED SESSION
None

CITY OF TURLOCK

CITY COUNCIL

REGULAR MEETING MINUTES
Tuesday, November 18, 2025

15. ADJOURNMENT
Mayor Bublak adjourned the meeting at 8:46 PM.

Respectfully Submitted,
__________________________
Kelly Renteria, Deputy City Clerk

City Council Staff Report
December 9, 2025
From: Nichole Fiez, City Clerk
Prepared by: Nichole Fiez, City Clerk
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Adopting the 2025 City Council meeting schedule in accordance with Turlock Municipal Code Section 2-1-02.

2. DISCUSSION OF ISSUE:

The attached Resolution (and Exhibit A) sets forth the dates for the 2025 City Council meeting schedule in accordance with the Turlock Municipal Code. Turlock Municipal Code Section 2-1-02 states that regular meetings of the Council shall, unless canceled by motion and passed by a majority of members present, be held on the second and fourth Tuesdays of each month at the hour of 6:00 p.m. Additionally, pursuant to City Council Resolution 2013-002 and 2013-167, regular meetings of the Public Financing Authority (PFA) and the Successor Agency to the Turlock Redevelopment Agency (SA) shall be held at the same time and place as regular City Council meetings.

The City of Turlock historically experiences a reduction in items that need to be acted upon during the holiday season. For the 2026 calendar year, it is proposed that the City Council not schedule regular meetings on the following dates due to the following circumstances:

1. November 24, 2026 - Thanksgiving holiday

2. December 22, 2026 - Christmas holiday
Instances may arise when it is necessary to call special meetings or workshops to discuss policy and/or community issues, etc.

3. BASIS OF RECOMMENDATION:

Pursuant to Turlock Municipal Code Section, “The regular meetings of the Council shall, unless canceled by motion passed by a majority of members present, be held on the second and fourth Tuesdays of each month at the hour of 6:00 p.m., unless such meeting date shall coincide with Christmas Eve (December 24th) or any holiday on which City Offices are closed, in which event the regular meeting shall be held on the third Tuesday of the month in which the holiday falls.”

4. FISCAL IMPACT / BUDGET AMENDMENT:

None.

5. STAFF RECOMMENDATION:

Recommend approval.

Agenda Staff Report
12/9/2025

6. CITY MANAGER COMMENTS:

Recommend approval. Recommend Approval.

7. 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.

8. ALTERNATIVES:

Council may wish to consider scheduling meetings on every second and fourth Tuesday in 2025 as set forth in the Turlock Municipal Code. This option would still allow the Council to cancel the meetings as the dates draw nearer and does not preclude the Council from setting special meetings as necessary.

9. ATTACHMENTS:

1. Draft Resolution

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ADOPTING THE 2026 } RESOLUTION NO. 2025-XXX CITY COUNCIL MEETING SCHEDULE IN }
ACCORDANCE WITH TURLOCK }
MUNICIPAL CODE SECTION 2-1-02 }
}
WHEREAS, annually, the City Council adopts a meeting schedule establishing meetings for the calendar year; and
WHEREAS, Exhibit A to this Resolution sets forth the dates for the 2026 City Council meeting schedule in accordance with the requirements of Turlock Municipal Code Section 2-1-02; and
WHEREAS, for the 2026 calendar year, it is proposed that the City Council not schedule regular meetings on the following dates due to the following circumstances:

1. November 24, 2026 due to the Thanksgiving holiday

2. December 22, 2026 due to the Christmas holiday
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Turlock does hereby adopt the 2026 City Council meeting schedule in accordance with Turlock Municipal Code Section 2-1-02.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of December, 2025, by the following vote:

AYES: (-)
NOES: (-)
NOT PARTICIPATING: (-)
ABSENT: (-)
ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

Resolution No. 2025-XXX

CITY OF TURLOCK
2026 CITY COUNCIL MEETINGS
6:00 p.m. Start Time
2026
January 13
January 27
February 10
February 24
March 10
March 24
April 14
April 28
May 12
May 26
June 9
June 23
July 14
July 28
August 11
August 25
September 8
September 22
October 13
October 27
November 10 No Meeting Scheduled
November 17
November 24 No Meeting Scheduled
December 8 (also Regular meeting of the SA/PFA)
December 23 No Meeting Scheduled
2027
January 12
January 26

MEETINGS ARE SCHEDULED TO BE HELD IN THE YOSEMITE COMMUNITY ROOM (COUNCIL CHAMBERS), TURLOCK CITY HALL, 156 S. BROADWAY, TURLOCK. SEE MEETING AGENDA FOR POSSIBLE CHANGES IN LOCATION.

City Council Staff Report
December 9, 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: Accepting improvements for City Project No. 22-001 (Bid Package 1) for Roads Program CIP Projects and authorizing the City Engineer to file a Notice of Completion

2. NARRATIVE:

On April 25, 2023, the City Council approved an agreement between the City of Turlock and Cal Valley Construction, Inc., of Fresno, California, in the amount of $9,157,293.75 and a contingency amount of $450,000.00 for the construction of City Project No. 22-001 (Bid Package 1) for Roads Program CIP Projects.

Bid Package 1 provided for the rehabilitation of the following street sections:

City Project No. 22-001 Bid Package 1
Street Name From To Length (Feet) District
Delbon Ave. N. Olive Ave. Colorado Ave. 1,296.00 1
20th Century
Blvd.

Geer Rd. N. Golden State Blvd. 2,442.00 4
Flower St. N. Soderquist Rd. N. 1st St. 3,693.00 2
N. Orange St. W. Main St. Flower St. 1,053.00 2
Spruce St. South Ave. High St. 1,818.00 2
Locust St. Vermont Ave. W. Main St. 1,709.00 2
Mira Flores Dr. El Paseo Dr. Murphy Dr. 2,849.00 1
Corello St. Marlee Dr. Sierra Vista Dr. 1,608.00 1
Julian St. N. Soderquist Rd. N. 1st St. 2,981.00 1
Park St. N. Soderquist Rd. N. 1st St. 3,445.00 2
East Ave. S. Golden State
Blvd.

S. Daubenberger Rd. 5,967.00 1
Old Vineyard Rd. E. Marshall St. E. Canal Dr. 1,312.00 1 Carrigan St. N. Johnson Rd. N. Quincy Rd. 974.00 1
Total Length 31,147.00
The work consisted, in general, of paving a new Hot Mix Asphalt pavement section, curb and gutter reconstruction, ADA ramp construction, adjustment of valve and manhole covers to grade, striping, and traffic control.

Subsequent to the approval of the agreement, several Contract Change Orders (CCOs) were approved in accordance with Resolution 2025-007 which authorizes the Director to approve

Agenda Staff Report
12/9/2025
change orders up to 50% of the approved change order contingency and, also, authorizes the Director and City Manager to jointly approve change orders up to 100% of the approved change order contingency. A summary of the approved CCOs is attached.

Amount % of
Original
Contract
Approval Date
Original Contract $ 9,157,293.75 - April 25, 2023
CCO Net Amount $223,000.00 2.44 November 7, 2025
Adjusted Total
Contract
$ 9,380,293.75
Construction has been completed per the approved project plans and specifications.

Contractor has now submitted all the required documentation and has agreed with the final quantities. Staff requests City Council approval to authorize the City Engineer to file a Notice of Completion. California Civil Code Section 9204 allows a public entity to record a Notice of Completion as signed and verified by its agent.

The Notice of Completion will establish December 9, 2025 as the official date of project completion and effectively limit the contractor’s statutory time to file a claim on the project.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The final cost impact of the construction contract with Cal Valley Construction, Inc. is $9,380,293.75 and will be funded by Fund 115 “Measure A – Roads,” account number 115- 10-115.51270 “Construction Project.”
Appropriate funds have been allocated during Fiscal Year 2025-26 budget process to cover these costs.

4. ENVIRONMENTAL DETERMINATION:

On April 25, 2023, the City Council determined this project is exempt CEQA per Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines as this section exempts projects that involve negligible expansion of use of the existing facility.

The proposed action does not modify that determination; therefore, no additional determination is needed.

5. ATTACHMENTS:

1. Draft Notice of Completion (NOC)

2. Contract Change Order Summary

3. Final Quantities

Attachment A
RECORDED AT THE REQUEST OF:

CITY OF TURLOCK
WHEN RECORDED MAIL TO:

CITY OF TURLOCK
Office of the City Clerk
156 S. Broadway, Suite 230
TURLOCK, CA 95380-5454

NOTICE OF COMPLETION
CITY PROJECT NO. 22-001 BID PACKAGE 1

ROADS PROGRAM CIP
Notice is hereby given that work on the above-referenced project located on various locations in Turlock, California, was completed by the undersigned agency on December 9, 2025. The contractor of work is Cal Valley Construction, Inc., 5125 N. Gates Avenue, Suite 102, Fresno, California, 93722 and the owner is the City of Turlock, 156 South Broadway, Suite 150, Turlock, California, 95380. Kindly, refer to said Project Number on all communications relating to this work.

Date:
(Signature - William D. Morris, PE, PLS; City Engineer; Owner’s Agent) City of Turlock

VERIFICATION
I, the undersigned, City Engineer of the owner of the aforesaid interest, have read this notice; I know and understand the contents thereof; and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

CITY OF TURLOCK
___________________________
William D. Morris, P.E., PLS

CITY ENGINEER
OWNER’S AGENT
Executed on _____________, 2025 at Turlock, California, Stanislaus County

CCO No. CCO Description Item Increase or
Decrease
Extra Work (Force
Account/Agreed Price)
Amount
Total CCO Amount Cumulative
Total
Percent of
Contingency Approved By
1 Unsuitable Subgrade on Carrigan $0.00 $185,123.82 $185,123.82 $185,123.82 41.14% Director 2 HMA Price Index Fluctuation Adjustments $0.00 $50,613.10 $50,613.10 $235,736.92 52.39% Director & Interim CM 3 Additional Signage $0.00 $21,207.38 $21,207.38 $256,944.30 57.10% Director & Interim CM 4 Balancing Change Order -$260,641.30 $0.00 -$260,641.30 -$3,697.00 -0.82% Director 5 Added Concrete Removals & Utility Adjustments $226,697.00 $0.00 $226,697.00 $223,000.00 49.56% Director 6 Final (Working Days) $0.00 $0.00 $0.00 $223,000.00 49.56% Director -$33,944.30 $256,944.30 $223,000.00

CONTRACT CHANGE ORDER SUMMARY
City Project 22-001 Bid Package 1
TOTALS

1 MOBILIZATION & DEMOBILIZATION LS $890,000.00 1.00 $890,000.00 1.00 $890,000.00 $0.00 2 RAILROAD PERMITS LS $20,000.00 0.00 $0.00 1.00 $20,000.00 -$20,000.00 3 CONSTRUCTION PROJECT SIGNS EA $900.00 4.00 $3,600.00 26.00 $23,400.00 -$19,800.00 4 TEMPORARY TRAFFIC CONTROL LS $895,000.00 1.00 $895,000.00 1.00 $895,000.00 $0.00 5 SWPPP LS $1,500.00 1.00 $1,500.00 1.00 $1,500.00 $0.00 6 EROSION CONTROL BMP'S LS $2,600.00 1.00 $2,600.00 1.00 $2,600.00 $0.00 7 CLEAR & GRUB LS $100,000.00 1.00 $100,000.00 1.00 $100,000.00 $0.00 8 TREE REMOVAL EA $650.00 12.00 $7,800.00 14.00 $9,100.00 -$1,300.00 9 CONSTRUCTION STAKES, LINES, & GRADES LS $69,130.00 1.00 $69,130.00 1.00 $69,130.00 $0.00 10 MATERIALS TESTING LS $10,000.00 1.00 $10,000.00 1.00 $10,000.00 $0.00 11 REMOVE EXISTING AC PAVEMENT & BASE CY $42.00 8339.00 $350,238.00 8339.00 $350,238.00 $0.00 12 REMOVE EXISTING CONCRETE PAVEMENT CY $42.00 523.00 $21,966.00 523.00 $21,966.00 $0.00 13 PAVEMENT UNDERLYING BASE REPAIR (REVOCABLE ITEM) SF $1.00 4843.00 $4,843.00 38832.00 $38,832.00 -$33,989.00 14 COLD PLANE HMA - GRINDING SY $2.50 91395.00 $228,487.50 91395.00 $228,487.50 $0.00 15 REMOVE EXISTING CURB & GUTTER LF $3.60 18614.75 $67,013.10 19520.00 $70,272.00 -$3,258.90 16 REMOVE EXISTING DRIVEWAY/SIDEWALK SF $1.00 70088.00 $70,088.00 46191.00 $46,191.00 $23,897.00 17 REMOVE EXISTING VALLEY GUTTER SF $1.00 4773.55 $4,773.55 6242.00 $6,242.00 -$1,468.45 18 REMOVE EXISTING CATCH BASIN EA $1,750.00 19.00 $33,250.00 23.00 $40,250.00 -$7,000.00 19 RESET FENCE (WOOD) LF $32.00 108.00 $3,456.00 290.00 $9,280.00 -$5,824.00 20 RESET FENCE (WROUGHT IRON) LF $75.00 0.00 $0.00 31.00 $2,325.00 -$2,325.00 21 RESET FENCE (CHAINLINK) LF $45.00 56.00 $2,520.00 77.00 $3,465.00 -$945.00 22 RELOCATE MAILBOX EA $50.00 2.00 $100.00 3.00 $150.00 -$50.00 23 POTHOLE EXISTING UTILITIES LS $50,000.00 1.00 $50,000.00 1.00 $50,000.00 $0.00 24 RELOCATE FIRE HYDRANT EA $3,500.00 0.00 $0.00 5.00 $17,500.00 -$17,500.00 25 ADJUST FRAMES & COVERS TO GRADE (SSMH) EA $1,200.00 149.00 $178,800.00 101.00 $121,200.00 $57,600.00 26 ADJUST FRAMES AND COVER TO GRADE (SDMH) EA $1,200.00 50.00 $60,000.00 35.00 $42,000.00 $18,000.00 27 ADJUST WATER VALVE BOX TO GRADE EA $1,200.00 291.00 $349,200.00 185.00 $222,000.00 $127,200.00 28 ADJUST GAS VALVE BOX TO GRADE EA $1,200.00 9.00 $10,800.00 12.00 $14,400.00 -$3,600.00 29 ADJUST COMMUNICATION BOX TO GRADE EA $150.00 0.00 $0.00 11.00 $1,650.00 -$1,650.00 30 ADJUST SURVEY MONUMENT COVER TO GRADE EA $1,200.00 11.00 $13,200.00 18.00 $21,600.00 -$8,400.00 31 HMA (TYPE A) TON $105.00 25464.57 $2,673,779.85 26052.00 $2,735,460.00 -$61,680.15 32 AGGREGATE BASE CY $68.00 3,546.00 $241,128.00 4,161.00 $282,948.00 -$41,820.00 33 MINOR CONCRETE (CURB & GUTTER C-1) LF $31.00 18418.75 $570,981.25 15856.00 $491,536.00 $79,445.25 34 MINOR CONCRETE (CURB & GUTTER TYPE B2-4 A87A) LF $31.00 196.00 $6,076.00 383.00 $11,873.00 -$5,797.00 35 MINOR CONCRETE (SIDEWALK & FLATWORK C-3) SF $6.75 50775.28 $342,733.14 56532.00 $381,591.00 -$38,857.86 36 MINOR CONCRETE (RESIDENTIAL DRIVEWAY C-5) SF $9.00 14117.48 $127,057.32 15488.00 $139,392.00 -$12,334.68 37 MINOR CONCRETE (ALLEY APPROACH C-7) SF $12.00 3,261.75 $39,141.00 1,634.00 $19,608.00 $19,533.00 38 MINOR CONCRETE (COMMERCIAL DRIVEWAY C-8) SF $12.00 1934.37 $23,212.44 2249.00 $26,988.00 -$3,775.56 39 MINOR CONCRETE (VALLEY GUTTER) SF $11.00 4773.55 $52,509.05 3413.00 $37,543.00 $14,966.05 40 MINOR CONCRETE (BUS PAD ST-14) CY $477.00 24.00 $11,448.00 12.00 $5,724.00 $5,724.00 41 CURB RAMP (LABOR ONLY) EA $1,900.00 159.00 $302,100.00 154.00 $292,600.00 $9,500.00 42 INSTALL DETECTABLE WARNING SURFACE (C-15) EA $850.00 0.00 $0.00 1.00 $850.00 -$850.00 43 STORM DRAIN MANHOLE (48") EA $8,000.00 1.00 $8,000.00 2.00 $16,000.00 -$8,000.00 44 STORM DRAIN MANHOLE (60") EA $10,000.00 7.00 $70,000.00 6.00 $60,000.00 $10,000.00 45 STORM DRAIN CATCH BASIN (SD-3) EA $3,500.00 80.00 $280,000.00 96.00 $336,000.00 -$56,000.00 46 STORM DRAIN PIPE (6" PVC) LF $45.00 0.00 $0.00 72.00 $3,240.00 -$3,240.00 47 STORM DRAIN PIPE (10" PVC) LF $60.00 56.00 $3,360.00 56.00 $3,360.00 $0.00 48 STORM DRAIN PIPE (12" RCP) LF $260.00 2240.00 $582,400.00 2490.00 $647,400.00 -$65,000.00 49 STORM DRAIN PIPE (18" RCP) LF $265.00 456.00 $120,840.00 428.00 $113,420.00 $7,420.00 50 CONNCECT TO EXISTING STORM DRAIN MANHOLE EA $4,000.00 1.00 $4,000.00 1.00 $4,000.00 $0.00 51 THERMOPLASTIC STRIPING (DETAIL 1) LF $1.00 18549.00 $18,549.00 18034.00 $18,034.00 $515.00 52 THERMOPLASTIC STRIPING (DETAIL 8) LF $1.00 38.00 $38.00 38.00 $38.00 $0.00 53 THERMOPLASTIC STRIPING (DETAIL 22) LF $2.00 7561.00 $15,122.00 8014.00 $16,028.00 -$906.00 54 THERMOPLASTIC STRIPING (DETAIL 27B) LF $1.50 1318.00 $1,977.00 1440.00 $2,160.00 -$183.00 55 THERMOPLASTIC STRIPING (DETAIL 38) LF $2.00 658.00 $1,316.00 452.00 $904.00 $412.00 56 THERMOPLASTIC STRIPING (DETAIL 38A) LF $2.00 33.00 $66.00 33.00 $66.00 $0.00 57 THERMOPLASTIC STRIPING (DETAIL 39) LF $1.75 439.00 $768.25 439.00 $768.25 $0.00 58 THERMOPLASTIC STRIPING (CHEVRON 12" WIDE) LF $5.00 134.00 $670.00 134.00 $670.00 $0.00 59 THERMOPLASTIC STRIPING (12" STOP BAR) LF $5.00 1589.00 $7,945.00 1,764.00 $8,820.00 -$875.00

CITY OF TURLOCK

FINAL QUANTITIES
Project No. 22-001 Bid Package 1
Item No. Item Description Bid Quantities Bid Amount Total Difference Unit of Measure
Contractor's
Unit Price
Final
Actual Quantities
Final
Actual Amount

60 THERMOPLASTIC STRIPING (24" STOP BAR) LF $12.00 205.00 $2,460.00 205.00 $2,460.00 $0.00 61 THERMOPLASTIC PAVEMENT MARKINGS (WHITE CROSSWALK) SF $5.00 19723.00 $98,615.00 12525.00 $62,625.00 $35,990.00 62 THERMOPLASTIC PAVEMENT MARKINGS (YELLOW CROSSWALK) SF $5.00 818.00 $4,090.00 1813.00 $9,065.00 -$4,975.00 63 THERMOPLASTIC PAVEMENT MARKINGS (WHITE) SF $6.00 2308.00 $13,848.00 2680.00 $16,080.00 -$2,232.00 64 PAVEMENT MARKER (TYPE BB) EA $25.00 55.00 $1,375.00 87.00 $2,175.00 -$800.00 65 REMOVE EXISTING SIGN PANEL EA $35.00 24.00 $840.00 24.00 $840.00 $0.00 66 REMOVE EXISTING SIGNPOST & PANELS EA $85.00 36.00 $3,060.00 36.00 $3,060.00 $0.00 67 RELOCATE EXISTING SIGN POST & PANELS EA $215.00 29.00 $6,235.00 29.00 $6,235.00 $0.00 68 RESET EXISTING SIGN PANEL EA $25.00 73.00 $1,825.00 73.00 $1,825.00 $0.00 69 INSTALL SIGNPOST EA $180.00 48.00 $8,640.00 48.00 $8,640.00 $0.00 70 INSTALL SIGN PANEL (STREET NAME 36" X 9") EA $28.00 72.00 $2,016.00 72.00 $2,016.00 $0.00 71 INSTALL SIGN PANEL (STREET NAME 42" X 9") EA $32.00 23.00 $736.00 23.00 $736.00 $0.00 72 INSTALL SIGN PANEL (STREET NAME 48" X 9") EA $36.00 37.00 $1,332.00 37.00 $1,332.00 $0.00 73 INSTALL SIGN PANEL (R1-1) EA $50.00 4.00 $200.00 4.00 $200.00 $0.00 74 INSTALL SIGN PANEL (R1-3P) EA $25.00 4.00 $100.00 4.00 $100.00 $0.00 75 INSTALL SIGN PANEL (R2-1) EA $50.00 1.00 $50.00 1.00 $50.00 $0.00 76 INSTALL SIGN PANEL (W10-1) EA $60.00 4.00 $240.00 4.00 $240.00 $0.00 77 INSTALL SIGN PANEL (W48-(CA)) EA $60.00 2.00 $120.00 2.00 $120.00 $0.00 78 INSTALL SIGN PANEL (R15-2P) EA $45.00 2.00 $90.00 2.00 $90.00 $0.00 79 INSTALL SIGN PANEL (D11-1 & M6-1) EA $70.00 5.00 $350.00 5.00 $350.00 $0.00 80 PAINT EXISTING CURB LF $5.00 2120.00 $10,600.00 2083.00 $10,415.00 $185.00 81 TRAFFIC SIGNAL INTERSECTION LOOP DETECTORS EA $2,250.00 4.00 $9,000.00 4.00 $9,000.00 $0.00 82 REMOVE EXISTING STREETLIGHT & INSTALL NEW STREETLI EA $9,945.00 1.00 $9,945.00 1.00 $9,945.00 $0.00 83 UTILITY TRENCH REPAIR SF $11.00 0.00 $0.00 695.00 $7,645.00 -$7,645.00 84 PLANT NEW TREE EA $1,000.00 14.00 $14,000.00 14.00 $14,000.00 $0.00 85 REMOVE EXISTING G5 BOX & INSTALL NEW B16 BOX EA $750.00 0.00 $0.00 3.00 $2,250.00 -$2,250.00 SUB-TOTAL CONTRACT ITEMS $9,123,349.45 $9,157,293.75 -$33,944.30 CCO # CHANGE ORDERS
(NOT INCLUDING ITEM INCREASE/DECREASE)
1 Unsuitable Subgrade on Carrigan LS $185,123.82 1.00 $185,123.82 $185,123.82 2 HMA Price Index Fluctuation Adjustments LS $50,613.10 1.00 $50,613.10 $50,613.10 3 Additional Signage LS $21,207.38 1.00 $21,207.38 $21,207.38 4 Balancing Change Order N/A 1.00 $0.00 $0.00
5 Added Concrete Removals & Utility Adjustments N/A 1.00 $0.00 $0.00 6 Final (Working Days) LS $0.00 1.00 $0.00 $0.00
SUB-TOTAL CHANGE ORDER ITEMS $256,944.30 $256,944.30
TOTAL PROJECT $9,380,293.75 $9,157,293.75 $223,000.00

City Council Staff Report
December 9, 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. 6 for Task Order No. 3 under the terms of the Master Agreement (City Contract No. 2024-112) with CCME, Inc. (Merced, California office) for Construction Management and Inspection Services for the City of Turlock’s Roads Initiative Program in the amount of $44,970.20 to be funded by Fund 115 “Measure A – Roads” for Bid Package 3 for City Project No. 23-068 as “CCME CM Task Order No. 3 for City Project No. 23-068, Bid Package 3”

2. NARRATIVE:

On February 27, 2024, the City Council approved a Master Agreement for Construction Management and Inspection Services with CCME, Inc. (City Contract No. 2024-112). 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 PostConstruction. “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. “PostConstruction” 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.

Contract documents for the rehabilitation of a number of street sections are currently being developed as three (3) bid packages under a Task Order issued as an amendment to the Master Agreement for Engineering Design Services between the City of Turlock and Provost & Pritchard Consulting Group (City Contract No. 2023-110). Construction of Bid package 1 has been completed, Bid Package 2 is ready to be advertised, and Bid Package 3 will be advertised for bids in the near future and includes the following streets:

Agenda Staff Report
12/9/2025

Since the design is still ongoing, critical items such as the final scope of construction work, the engineer’s estimate of construction costs, sequencing of construction, and number of working days are not yet available. Therefore, the proposed amendment for construction management and inspection services only includes the scope and fee for “Pre-Construction” activities. Once the design phase has progressed to a stage where sufficient information is available to develop a detailed scope of services, an amendment will be presented to the City Council for consideration and approval of the scope of services and fee associated with “Construction Management and Inspection” and “Post-Construction Services” activities. “Pre-Construction” activities will commence shortly after approval of the proposed amendments and will continue through the start of construction.

The proposed Amendment provides the scope of services, associated fees, and schedule for the required services and 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 action will be $44,970.20 which will be funded by Fund 115 “Measure A – Roads”, account number 115-10-115.43327 “Construction Management.” Appropriate funds have been allocated during the Fiscal Year 2025-2026 budget process to cover this amendment.

4. ENVIRONMENTAL DETERMINATION:

Approving the amendment to the task order described above will not have a direct or reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378 (Project) because it 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. Amendment No. 6 for Task Order No. 3 under the terms of the Master Agreement (City Contract No. 2024-112) with CCME, Inc.

CITY CONTRACT NO. 2024-112, Amendment No. 6 for Task Order No. 3 AMENDMENT NO. 6 FOR TASK ORDER NO. 3
Under the Terms of the

MASTER AGREEMENT BETWEEN THE CITY OF TURLOCK
and
CCME, INC.
for

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
City Contract No. 2024-112
City Project No. 23-068; Bid Package 3
THIS AMENDMENT NO. 6 for Task Order No. 3 under the terms of City Contract No. 2024-112 is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and CCME, INC., a California corporation (“Professional”), on this ______ day of ___________ 2025 (the “Effective Date of Task Order No. 3”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Amendment No. 6.

WHEREAS, the Parties hereto previously entered into a Master Agreement (City Contract No. 2024-112) dated February 27, 2024, for Construction Management and Inspection Services for Roads Program Capital Improvement Program (CIP) Projects (“Agreement”); and WHEREAS, Construction Management and Inspection Services comprise three (3) components: Pre-Construction, Construction Management and Inspection, and PostConstruction; and WHEREAS, 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 Agreement by a written amendment to the Agreement; and
WHEREAS, City desires that Professional provide Pre-Construction services for Bid Package 3 for City Project No. 23-068 as “CCME CM Task Order No. 3 for City Project No. 23- 068, Bid Package 3;” and
WHEREAS, Pre-Construction services will commence shortly after approval of Amendment No. 6 and will continue through the start of construction; and WHEREAS, Amendment No. 6 for Task Order No. 3 provides for the scope of services and associated fees for said City Project.

CITY CONTRACT NO. 2024-112, Amendment No. 6 for Task Order No. 3 NOW, THEREFORE, the Parties hereto mutually agree to amend the Agreement as follows:

1. Exhibit G, attached hereto and incorporated herein by reference, is hereby added to the Agreement.

2. Recital B of the Agreement is amended to read as follows:

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 Exhibits A through G 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.

3. Recital C of the Agreement is amended to read as follows:

C. The Parties anticipate that one or more projects for Services shall be determined through creation of a Task Order as a City-requested modification of services under Section 5.2 of this Agreement which shall be approved by written amendment to this Agreement. The Parties shall outline the schedule or timeline for providing the Services agreed upon under each Task Order (“Completion Schedule”), which shall be included in one or more written amendments to this Agreement. Such Completion Schedule is included in Exhibit G.

4. Recital D of the Agreement is amended to read as follows:

D. The Parties shall outline the rates and method of payment to Professional for its performance of the Services under this Agreement as determined under each Task Order (“Compensation Schedule”), which shall be included in one or more written amendments to this Agreement. Such Compensation Schedule is included in Exhibit G.

5. Section 5 of the Agreement is amended to read as follows:

5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibits A through G. Any request for Services not included in Exhibits A through G 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 Exhibits A through G. 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.

CITY CONTRACT NO. 2024-112, Amendment No. 6 for Task Order No. 3

6. Section 6 of the Agreement is amended to read as follows:

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 for each Task Order within each Amendment to the Agreement. Each Compensation Schedule shall include an exhibit based on Exhibit 10-H of Caltrans Local Assistance Procedures Manual (LAPM). Professional will be allowed to include an amount for the anticipated salary increases as calculated per Exhibit 10-H. City’s total compensation to Professional shall not exceed the cumulative amount resulting from each Task Order with each approved Amendment to the Agreement. The compensation for Amendment No. 6 shall not exceed Forty-Four Thousand NineHundred-Seventy Dollars and Twenty Cents ($44,970.20) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.

7. Execution and Counterparts. This Amendment 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 Amendment 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 signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

8. All other terms and conditions of the Agreement shall remain in full force and effect for the Term of the Agreement.
[Signatures on Following Page]

CITY CONTRACT NO. 2024-112, Amendment No. 6 for Task Order No. 3 IN WITNESS WHEREOF, the Parties have caused this Amendment No. 6 to be executed by and through their respective officers thereunto duly authorized.

PROFESSIONAL
CCME, INC., a California corporation
By:

Ramon Montes De Oca, Vice President
Date
CITY
City of Turlock, a California
municipal corporation
By:

Susan E. Borrego, Interim City Manager
Date:

APPROVED AS TO SUFFICIENCY:

By:

Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:

By:

George A. Petrulakis, City Attorney
ATTEST:

By:

Nichole Fiez, City Clerk
11/10/2025

CM and Inspection Roads Program CIP Projects Page 1
City of Turlock

SCOPE OF WORK
CCME, Inc. (CCME) will furnish a Project Manager, Construction Manager / Resident Engineer, and associated personnel including inspectors, arborists, material testers, and office engineers for the duration of this project. The CCME construction manager will be responsible for all matters related to the consultant team and report directly to the City’s project manager. CCME will also coordinate, when needed, regarding project issues and critical items with the City’s designer, other City consultants, third parties, or departments.

Items not specifically requested in the RPF are denoted with an asterisk.

A Pre-Construction Services
A.1 Bid Package Review, Constructability Review and Bidding Assistance- CCME will provide a constructability review of the design bid package at the designated 65% and 100% completion stages to identify any potential conflicts, constructability issues, or specifications that may be unclear or may result in change orders. CCME will review the Designer’s schedule and associated working days and provide comments. CCME will also aid the City in bid advertisement, help provide clarification to any bidder’s questions and if necessary, prepare addendums to the bid package.

A.2 Schedule Review - Once the specific road packages are identified and plans are nearing completion, CCME will prepare a tentative schedule that will identify anticipated construction sequencing, utility relocations, long lead items, and anticipated submittals to be received from the Contractor.

A.3 Draw Schedule - CCME will use a street by street breakdown of anticipated quantities, and the Contractors baseline and their three-week look ahead to forecast quantity and pay estimates ahead of the progress payment date. CCME will provide the initial forecast schedule based on the Designers schedule and working days.

A.4 Contractor Pre-qualification - CCME will take an active role in prequalifying Contractors and verify the specifications include direction to the Contractor to apply with the DIR. CCME will assist or perform the logging of scoring contractors per the criteria outlines in Section D “PRE-QUALIFICATION CRITERIA QUESTIONS AND SCORING” and in conformance with Public Contracting Code 20101.

A.5 CCME will review the documents found in a typical RE Pending file. These documents offer include but are not limited to Plans, quantity calculations, pavement designs, geotechnical reports, permits, and any other pertinent files and will develop a list of any items that may require changes, creates an issue for the project, or needs further investigation. A red-line markups of the project documents will be provided within three weeks of the NTP.

A.6 CCME will document pre-construction conditions of the roadways and adjacent facilities to assist in determining if any additional damage was caused by the Contractor during construction and to have a baseline condition of the roads. The project limits will be photographed and stored on our server until the project records are transmitted to the City.

A.7* CCME will attend the Bid Opening and review bid results for irregularities.

A.8 Project Conference - Attend a meeting between the City and CCME team to coordinate lines of communication and further define the City’s expectations of CCME during the life of the project.

A.9 Pre-Construction Conference - CCME will organize and run a preconstruction meeting with the City, Contractor, Designer, and pertinent subcontractors and stakeholders.

Deliverables: Preconstruction Meeting Agenda, Preconstruction Meeting Minutes, and review of any Contractor submitted preconstruction submittals.

A.10* File management - organize and maintain project files per Caltrans 63 category filing system and any additional federal, state, or city requirements.

CM and Inspection Roads Program CIP Projects Page 2
City of Turlock
Ramon Montes De Oca, PE
Project Manager/
Resident Engineer
Bryce Moore
Materials Testing
Lead (Blackburn)
Additional Resources
Office Engineer
Janae Awoniyi
Kathlien Red
Organizational Chart
Kareem Abonofal, PE
Resident Engineer
Blake Watkins
Arborist
(Blake Watkins LLC)
Materials Testing
Arthur Mills (Blackburn)
Dustan Kliethermes (Blackburn)
Eric Quintana (Blackburn)
Jose Lopez (Blackburn) Inspectors
Branden Anderson
Jaskaran Singh, EIT
Allison Nutting, EIT (Mozamo)
Corinne Burkhard, EIT (Mozamo)

RESPONSIBLE PERSONNEL
Bryan Kroeger, MSCE, PE
Principal In Charge/
Construction Manager
Rick Bettencourt
Lead Inspector
Michael Schaffner
Inspector
(Mozamo)
Key
Staff
Key Staff- Bryan Kroeger, Principal In Charge, Construction Manager Registered Civil Engineer #79177, QSD
Bryan has a master’s degree in Civil Engineering from California State University Fresno and 16 years of experience delivering public projects. As a Construction Manager and Resident Engineer, Bryan has worked on all aspects of project delivery including helping with preconstruction permitting issues and utility agreements. Bryan has vast experience working on both the State Highway System as well as Local Roads.

Key Staff - Ramon Montes De Oca, Project Manager, Resident Engineer Registered Civil Engineer #78212, QSD
Ramon has a bachelor’s degree in Civil Engineering from Cal Poly San Luis Obispo. Ramon has over 17 years of experience and, in addition to his PE license, is a Qualified SWPPP Developer/ Practitioner.

Throughout the years, Ramon has been a Structures Representative and Resident Engineer on a variety of Road, Bridge, and retaining wall projects. Ramon is currently assisting on your City of Turlock CIP Roads Projects.

Chris Mcdermott, PE
Resident Engineer
(Mozamo)

CM and Inspection Roads Program CIP Projects Page 3
City of Turlock
Key Staff - Kareem Abonofal, Resident Engineer
Registered Civil Engineer #94485, CMIT
Kareem has a bachelor’s degree in Civil Engineering from California State University, Fresno and 4 years of experience working on a variety of different heavy infrastructure projects. Kareem has extensive experience working on the California High-Speed Rail Project as well as roadway and bridge projects for different municipalities across the Central Valley. Kareem is a License Professional Civil Engineer and Certified Construction Manager-in-Training.

Key Staff - Rick Bettencourt, Lead Inspector
Richard has 21 years of experience verifying construction quality. As an Inspector, Richard has worked as both Quality Control and Quality Assurance, on projects ranging from small local projects to the $6.5 Billion Bay Bridge Eastern Span Replacement Project. Richard has vast experience working on both the State Highway System and local roadways. Richard is currently inspecting the grinding and paving operations on your City of Turlock CIP Roads Projects.

PROPOSED PERSONNEL
CCME, Inc. (CCME) will furnish a Project Manager, Engineers, office engineers, and an inspector to review plans and specifications for preconstruction services.

Those personnel are as follows:

Project Manager: Ramon Montes De Oca
Review Engineers: Bryan Kroeger, Kareem Abonofal, Juan Zermeno, and Ramon Montes De Oca
Inspector: Rick Bettencourt
Review engineers will review the Plans, Specification, Estimate and any other bid package items for errors, constructability and consistency issues.

Inspector Rick Bettencourt will be used as needed for review package as well as any potential site inspections to confirm existing field conditions are as shown on the plans.

The CCME project manager will be responsible for all matters related to the consultant team and report directly to the City’s project manager.

Bryan Kroeger Construction Manager Ramon Montes De Oca Project Manager Kareem Abonofal Resident Engineer Juan Zermeno Resident Engineer Rick Bettencourt Inspector Inspector Levi Willims Office Engineer Office Engineer Blackburn Blake Watkins MozamoNo Sub MarkUp
Hourly Rate $263.81 $263.81 $207.76 $215.01 $182.90 $86.97 TASK

1.0 CONST. MGMT SER. PRE CON.

1.1 Bid Package Review 2 32 16 50 $11,895.93 $11,895.93

1.2 Schedule Review 2 8 4 14 $3,369.70 $3,369.70

1.3 Draw Schedule 8 8 $2,110.48 $2,110.48

1.4 Contractor Prequalification 8 8 $2,110.48 $2,110.48

1.5 Review RE Pending File 4 8 4 16 $3,897.32 $3,897.32

1.6 Document PreConstruction Condition 4 16 20 $3,981.63 $3,981.63

1.7 Attend Bid Opening 4 8 12 $3,165.72 $3,165.72

1.8 Project Conference 4 8 12 $3,165.72 $3,165.72

1.9 Pre-Construction Conference 8 8 8 8 32 $6,379.87 $6,379.87

1.10 File Management 8 32 40 $4,893.36 $4,893.36
Subtotal Task 1 0 100 0 48 0 40 0 212 $44,970.20 $0 $0 $0 $0 $44,970.20 TOTAL HOURS 24 100 0 48 0 40 0 212
OTHER DIRECT COSTS $0.00 $0 $0 $0 $0 $0
TOTAL COST $6,331 $26,381 $0 $0 $8,779 $0 $3,479 $44,970.20 $0 $0 $0 $0 $44,970.20 Total Prime
Cost
Subconsultants
TOTAL
Total COST
Hours
CCME

Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed X Subconsultant 2
nd Tier Subconsultant
Consultant
Project No. Contract No. TBD Date 10/8/2025

DIRECT LABOR
Hours
24 100
0 0
48 40
0 0
212

LABOR COSTS
a) Subtotal Direct Labor Costs $18,614.88
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $18,614.88

FRINGE BENEFITS
d) Fringe Benefits (Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $0.00

INDIRECT COSTS
f) Overhead (Rate: 119.62%) g) Overhead [(c) x (f)] $22,267.12 h) General and Administrative (Rate: 0.00%) i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $22,267.12
FIXED FEE (Profit)
q) (Rate: 10.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $4,088.20 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 Included $0.00
l) TOTAL OTHER DIRECT COSTS $0.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:
m) TOTAL SUBCONSULTANTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $0.00 TOTAL COST [(c) +(j) + (k) + (n)] $44,970.20
NOTES:

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

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

4. Saturday time denoted with tripple asterisk (***), Sunday time denoted with quadrouple Asterisk (****).

$109.20
$109.20
$89.00
$86.00
$75.71 $0.00
$75.71 $3,634.08
$36.00 $1,440.00
$36.00 $0.00
Resident Engineer Kareem Abonofal
SAMPLE COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
CCME, Inc.

Classification/Title Name
City Project 23-068 BP 3 - Task 01
Prime Consutant
Actual Hourly Rate Total
$2,620.80
$10,920.00
$0.00
$0.00
Construction Manager Bryan Kroeger*
Project Manager / RE Ramon Montes De Oca*
Resident Engineer Juan Zermeno
Vehicles
Inspector TBD
Inspector Rick Bettencourt**
Office Engineer Levi Willims
Office Engineer TBD
Description of Item

Local Assistance Procedures Manual Exhibit 10-H1
Consultant Contract No. TBD Date 10/8/2025

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$0.00 = $0.00 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $0.00 + = $0.00 Year 2 Avg Hourly Rate
Year 2 $0.00 + = $0.00 Year 3 Avg Hourly Rate
Year 3 $0.00 + = $0.00 Year 4 Avg Hourly Rate
Year 4 $0.00 + = $0.00 Year 5 Avg Hourly Rate
Year 5 $0.00 + = $0.00 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 212.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 212.0
Year 1 $0.00 * = $0.00 Estimated Hours Year 1
Year 2 $0.00 * = $0.00 Estimated Hours Year 2
Year 3 $0.00 * = $0.00 Estimated Hours Year 3
Year 4 $0.00 * = $0.00 Estimated Hours Year 4
Year 5 $0.00 * = $0.00 Estimated Hours Year 5
= $0.00
= $0.00
= $0.00 Transfer to Page 1
NOTES:
1 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4 Calculations for anticipated salary escalation must be provided. Page 2 of 3

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 212.0
212.0
Total
212.0
Total Hours
212
Proposed Escalation
3%
3%
3%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 3%
3%
Completed Each Year per Cost Proposal
Estimated %
212.0
212.0
Total Hours
Cost per Year
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
0 0
0 (calculated above)
Avg Hourly Rate
(calculated above)
212
0 Estimated hours

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
CCME, Inc.
per Cost Proposal
Direct Labor Subtotal
per Cost Proposal

City Council Staff Report
December 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: James Governale, Administrative Analyst
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Approving an agreement (City Contract No. 2026-084) with Firecode Safety Equipment, Inc., in response to Request for Bid (RFB) No. 25-018, for Portable Fire Extinguisher Inspections and Services for all City facilities and vehicles, for a term of up to five years and a total compensation amount not to exceed $100,000

2. NARRATIVE:

On October 10, 2025, the City's Purchasing division issued Request for Bid (RFB) 25-018 for portable fire extinguisher inspections and services for all City-owned and leased facilities and vehicles. Services include annual inspections, hydrostatic testing, recharging, replacement, and repairs of various types and sizes of fire extinguishers in accordance with the most current National Fire Protection Association (NFPA) standards, the California State Fire Marshal’s regulations, and applicable local codes.

The scope of work requires the vendor to perform inspections on an annual basis, maintain complete service records, tag all units per State Fire Marshal standards, and provide temporary loaner units when City extinguishers are removed for service.

Firecode Safety Equipment, Inc. was the sole responsive and responsible bid, with a total bid for annual service, recharging, hydrostatic testing, and replacement of various units priced at $26,531.15. With the City's current service contract coming to an end and to avoid a lapse in service, it is recommended that the City Council approve this agreement.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Total compensation under this agreement shall not exceed $100,000 over the three-year term and two (2) optional one-year extensions. The contract is structured as a cumulative not-to-exceed amount rather than an annual cap, covering both routine maintenance and on-call service needs, which are unpredictable.

Expenditures will be charged to existing budgeted General Ledger (G/L) accounts across City departments, including but not limited to:
110-10-112.43064 110-60-600.46032 410-51-532.46032
110-20-200.43064 110-61-620.43064 420-52-550.43064
110-20-210.46032 205-60-602.46032 420-52-550.46032
110-20-215.43120_002 217-50-510.46032 426-40-415-238-001.43063 110-30-300.43064 246-60-600.46032 426-40-415-238-001.43064

Agenda Staff Report
12/9/2025
110-30-300.46032 410-51-530.43064 426-40-415-240-001.47452 110-50-500.43064 410-51-530.46032 426-40-415-241-001.47452 110-50-500.44001_000 410-51-531.46032 505-50-525.46032

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. City Contract 2026-084 with Firecode

CITY CONTRACT NO. 2026-084 1
{PLA2024}
10/2025

SERVICE PROVIDER (PREVAILING WAGE) AGREEMENT BETWEEN THE CITY

OF TURLOCK
and

FIRECODE SAFETY EQUIPMENT, INC
for
Portable Fire Extinguisher Inspections and Services
City Contract No. 2026-084
THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and Firecode Safety Equipment, Inc, a California corporation (“Service Provider”), on this 9th day of December 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 Portable Fire Extinguisher Inspections and Services (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:

CITY CONTRACT NO. 2026-084 2
{PLA2024}
10/2025

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 three (3) year(s) and will commence on the Effective Date and terminate on the 9th day of December, 2028 (“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 Service Provider 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 (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

CITY CONTRACT NO. 2026-084 3
{PLA2024}
10/2025
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 (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 Thousand and No/100ths Dollars ($100,000) (“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 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 fortyfive (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]

CITY CONTRACT NO. 2026-084 4
{PLA2024}
10/2025

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. 2026-084 5
{PLA2024}
10/2025

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, all California Occupational Safety and Health Regulations, the California Building Code, the

CITY CONTRACT NO. 2026-084 6
{PLA2024}
10/2025
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.

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 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, sabotage, civil

CITY CONTRACT NO. 2026-084 7
{PLA2024}
10/2025
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 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

CITY CONTRACT NO. 2026-084 8
{PLA2024}
10/2025
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 Provider the reasonable value of the Services rendered by Service Provider pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services.

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 prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Service Provider prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar 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 Service Provider after the date of the notice of termination.

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20. Assurance of Performance. If, at any time, City believes Service Provider 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 Service Provider for written assurances of performance and a plan to correct observed deficiencies in Service Provider's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

21. 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 of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Service Provider 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 right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Service Provider'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 Service Provider.

City shall not in any manner be liable for Service Provider's actual or projected lost profits had Service Provider completed the Services required by this Agreement.

22. Non-Discrimination. In its performance of the Services, Service Provider 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 required 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.

23. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Service Provider arising out of or relating to this Agreement or the breach thereof, including claims of Service Provider 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,

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delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Service Provider, 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.

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) calendar 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.

24. Insurance Coverage. During the Term, the Service Provider shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers admitted in California with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance. Service Provider shall maintain coverage as follows:

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24.1 Commercial General Liability. Service Provider shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, and One Million Dollars ($1,000,000.00) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.

24.2 Workers’ Compensation Insurance and Employer's Liability. Service Provider shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000.00) each accident or disease.

Service Provider shall submit to City, along with the Certificate of Insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

24.3 Professional Liability. [Intentionally Omitted]

24.4 Commercial Automobile Liability Insurance. Service Provider shall maintain Commercial Automobile Liability Insurance using ISO Business Auto Coverage form CA 00 01 (or equivalent) in the amount of no less than One Million Dollars ($1,000,000.00) or greater each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, agents, employees, and volunteers are included or named as additional insureds. If Service Provider owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.

24.5 Umbrella or Excess Policy. Service Provider 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 policies of insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Service Provider’s primary and excess liability policies are exhausted.

24.6 Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Contractor agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.

25. Additional Insurance Requirements. Within five (5) days of the Effective Date, Service Provider shall provide City with certificates of insurance and amendatory endorsements for all of the policies required under this Agreement (“Certificates and Endorsements”). Such Certificates

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and Endorsements shall be kept current for the Term of the Agreement and Service Provider 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. If carrier will not provide the required notice of cancellation, the Service Provider shall provide written notice to the City no longer than ten (10) business days before cancellation. ; (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 Service Provider and shall be endorsed to state such; (c) name City of Turlock as a certificate holder; (d) cover products and completed operations of Service Provider, premises owned, occupied, or used by the Service Provider, or automobiles owned, leased, or hired or borrowed by the Service Provider; contain no special limitations on the scope of protection afforded to City; (e) allow and be endorsed primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Service Provider’s insurance and shall not contribute to it; (f) contain standard separation of insured provisions; and (g) 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.

26. Indemnifications.

26.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Service Provider 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 Service Provider 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 Service Provider, or any direct or indirect subcontractor, employee, contractor, representative or agent of Service Provider, or anyone that Service Provider 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, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Service Provider, the Service Provider waives any and all rights of any type of express or implied indemnity against City and City’s Agents.

26.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or agency for which

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Service Provider is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Service Provider.

27. 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.

28. Independent Contractor. At all times during the Term, Service Provider shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Service Provider performs the Services required under this Agreement. Service Provider 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 Service Provider. City shall have the right to control Service Provider only insofar as the result of Service Provider’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Service Provider accomplishes Services rendered pursuant to this Agreement.

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

30. 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 Service Provider.

31. 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 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: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway
Turlock, California 95380-5456

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If to Service Provider: Firecode Safety Equipment, Inc
Attn: Brent George
3722 W Pacific Ave.

Sacramento, CA 95820
Telephone: (707) 386-7870
Email: [email protected]

32. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:

David Barr
Municipal Services Department
701 S Walnut Rd
Turlock, California 95380
Telephone: (209) 668-5590
E-mail: [email protected]

33. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

34. Use of City Project Number. [Intentionally Omitted]

35. 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.

36. 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 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.

37. 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.

38. 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.

39. 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 revision of this Agreement. Any

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rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

40. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.

41. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.

42. 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 invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective 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.

43. 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 signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

44. 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 Service Provider’s charges to City under this Agreement.

45. 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. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.

46. 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.

47. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

48. 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.

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49. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

50. 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.

51. 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.

52. 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.

CITY OF TURLOCK, a California
municipal corporation
By:

Susan E. Borrego, Interim City Manager
Date:

APPROVED AS TO SUFFICIENCY:

By:

Christopher Fisher, Municipal Services
Director
APPROVED AS TO FORM:

By:

George A. Petrulakis, City Attorney
ATTEST:

By:

Nichole Fiez, City Clerk

FIRECODE SAFETY EQUIPMENT, INC,
a California corporation
By:

Print Name:

Title:

Date
Brent George
Government Contracts Manager
11/18/2025

REQUEST FOR BID (RFB) NO. 25-018
FOR

PORTABLE FIRE EXTINGUISHER INSPECTIONS AND

SERVICES
RFB ISSUED: 10/10/25
BIDS DUE: 10/27/2025 3:00 PM
BID SUBMITALS TO:

CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380
EXHIBIT A TO CITY CONTRACT 2026-084Page 200 of 1536 1 of 18

INTRODUCTION
The City of Turlock (hereinafter referred to as the “City”) is requesting bids for qualified vendors to provide portable fire extinguisher inspections and services.

BACKGROUND
In the heart of California’s Central Valley, Turlock is the second largest city in Stanislaus County located 100 miles south of Sacramento, CA covering an area just over 16 square miles with a population of over 73,000. Turlock is a General Law City that operates under the Council/Manager form of government.

RFB TIMELINE
This RFB will be governed by the following schedule:
 RFB Issued: 10/10/2025
 Proposals Due: 10/27/2025 3:00 PM
 Approval of Contract: 12/09/2025
*All dates are subject to change at the discretion of the City

QUESTIONS
Request for Information (RFI) should be directed to:
[email protected]
All questions must be in writing and received at least five (5) working days prior to the closing date for submittal of this Request for Bid (RFB), to provide time for issuing and forwarding answers. The City will not be responsible for oral interpretations of the Request for Bid (RFB).

SCOPE OF SERVICE
The City invites you to submit a proposal for portable fire extinguishers inspections and services.

The scope of work includes, but is not limited to, the following:

Vendor shall provide the inspecting, servicing and tagging of all fire extinguishers located at various locations for all City owned/leased buildings and vehicles.

Servicing
Services to include but not limited to on-call service request, hydrostatic testing, replacement and repairs of fire extinguishers. The City reserves the right to increase or decrease the number of extinguishers that it actually has and requires maintenance on.

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 Vendor shall provide all labor, supervision, parts, tools, equipment, transportation and all effort necessary to perform said services in accordance with all the National Fire Protection Association (NFPA), ANS/UL current standards rules and regulations of the State of California Fire Marshal’s Office, local codes, standard and the specifications herein.
 Vendor shall inspect and test fire extinguishers following manufacturers’ procedures to ensure the proper, efficient, reliable and safe performance of all equipment at all times.

Inspection of all fire extinguishers shall be done in compliance with all applicable statutory requirements.
 Fire extinguishers shall be serviced on-site on an annual basis or as requested by City personnel. This service includes tagging all units or punch existing units at various departments and locations. Vendor shall be responsible for repairing, re-hanging and replacing units upon request from the City personnel. If fire extinguisher is dry chemical ABC then the multipurpose powder material used shall comply and be certified with formulation requirements.
 Service shall be performed during normal business hours on City approved schedules.

All inspection and testing shall be coordinated with the appropriate City personnel. The City may exercise the option of witnessing any tests performed and/or randomly selecting fire extinguisher for inspection.
 Service maintenance of fire extinguishers on an as needed basis may occur through the year as designated by the City.
 Fire extinguishers shall comply with the rules and regulations of the State of California Fire Marshal’s office.
 Optional mounting provisions of the brace, latch lock and/or clamp style shall be supplied with each extinguisher to meet mounting requirements. Extinguishers shall have fixed discharge squeeze handle in assembly to assure no movement or rotating motion to the handle. An approved standard service tag meeting the specifications of the State of California Fire Marshal’s Rules and Regulations shall be attached to each fire extinguisher serviced and delivered.
 Replacement parts shall be the manufacturer's recommended parts and shall be new and meeting the original manufacturer (OEM) specification or parts of equal quality.

Fire Extinguisher Sizes and Types
Portable fire extinguishers sizes range from 2.5 to 27.75 pounds and include the following types:
 Dry Chemical ABC
 Dry Chemical BC
 Cleanguard
 Halotron1
 CO2
EXHIBIT A TO CITY CONTRACT 2026-084Page 202 of 1536 3 of 18

 Halon1211
 Wet Chemical (Class K)
The locations of equipment to be serviced are listed in Exhibit B. The listing is not to be considered inclusive with respect to the actual number of locations. The City reserves the right to add any additional location(s) to the contract that requires the same scope of services as specified herein. The City also reserves the right to delete or remove any location(s) from the contract.

Non-Serviceable Fire Extinguishers
All replacement fire extinguishers shall be new and bear the seal and serial number of the Underwriters Laboratories, Inc. or Factory Mutual and be labeled in a permanent manner.

Reserve Stock/Loaner
Vendor must maintain a reserve stock of recharge material sufficient to recharge any extinguisher on-site. No extinguishers shall be inoperable for a period of more than 24 hours.

In cases where Vendor must remove the fire extinguisher(s) from City premises for testing and/or repair, Vendor shall provide a loaner extinguisher(s) at NO CHARGE to the City.

Vendor may charge the City a recharge fee equal to proposal price listed for a loaner if and only if the unit is discharged by City personnel or damage to vandalism while the loaner unit is on City premises.

Extinguishers Recall
Vendor shall notify the City when a recall is imposed on an extinguisher. Notification shall include the reasons for the recall and procedures for replacement and the disposition of recalled extinguishers.

Records and Reporting
Vendor shall inspect and report to the City where any of the following conditions exist:
 Locations that make fire extinguishers susceptible to mechanical or physical damage.  Exposure to abnormal temperatures or corrosive atmospheres.  Fire extinguisher is present, but is not indicated on City inventory list.

Vendor shall maintain records of all fire extinguishers inspected, including those extinguishers that were found to require corrective actions. Records shall be maintained for the duration of the Contract.

Vendor must provide to the City an inspection check list per extinguisher per service location which includes building name and address:
 Located in the designated place.
 No Obstruction to access or visibility.

EXHIBIT A TO CITY CONTRACT 2026-084Page 203 of 1536 4 of 18

 Operating instructions on nameplate legible and facing outward.  Safety seal and tamper indicators not broken or missing.  Examine for obvious physical damage, corrosion, leakage or clogged nozzle.  Pressure gauge reading or indicator in the operable range or position.

FORMAL BID GUIDELINES
Vendors bid must adhere to the following order and content of sections.

A. Examination of Documents
The bidder is responsible for making all necessary examinations and reviews of the documents relating to fire extinguishers inspection and services. Failure to do so will not act to relieve any requirement of the agreement or the conditions. The submission of a bid shall be considered conclusive evidence that the bidder has made examinations.

B. Bids
Bids shall be sealed and filed with the Purchasing Officer in accordance with the request for bid. No bids submitted or received after the time and place fixed for receiving them shall be considered by the City. No verbal bid shall be considered by the City. This request for bid shall result in a firm, fixed price contract.

C. Bid Form
All bids must be submitted on the attached bid form, Exhibit A. It is the responsibility of the bidder to ensure that the bid documents are delivered to the place detailed in the request for bid prior to the time for the bid opening. Bids received after the time set for the bid opening will be rejected.

D. Mistake in Bid
A bidder shall not be relieved of its bid without the consent of the City nor shall any change in the bid be made because of a mistake. The City may allow a bidder to withdraw a bid because of a mistake only when the bidder has notified the City in writing within five (5) days of the bid opening, specifying in detail how the mistake occurred, and has established to the satisfaction of the City that: (a) a mistake was made; (b) the mistake made the bid materially different from what the bidder intended; and (c) the mistake was made in filling out the bid and was not due to an error in judgment or to carelessness in inspecting the site nor in reading the plans or specifications.

EXHIBIT A TO CITY CONTRACT 2026-084Page 204 of 1536 5 of 18

E. Competitive Bidding
If more than one Bid is offered by an individual, firm, co-partnership, corporation, association, or any combination thereof under the same or different names, all such bids may be rejected. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this bid is in violation of competitive bidding requirements, and may render any contract let under such circumstances void.

F. Licenses and Permits
A City of Turlock business license and all others required shall be provided by the Supplier and she/he shall abide by any and all Federal, State and City laws or rules affecting the service, and shall maintain all required protection for property, employees and the public.

Vendor shall be licensed by the State of California, Fire Marshal for portable Fire Extinguishers. The Fire extinguisher and fire protection system companies can NOT conduct business in the City of Turlock until they are in possession of a valid City and State license. The license should be applicable to the requirements and regulations under California State Fire Marshal (CSFM) Fire Extinguisher License. Contractor must comply with National Fire Protection Association (NFPA) latest edition as it relates to State of California Statutes.

The bidder shall furnish a copy of license with their bid proposal, specifying all that apply:
o Type A: Service any or all type of fire extinguishers o Type B: Maintenance and recharging of water base fire extinguishers and external maintenance of carbon dioxide fire extinguishers.
o Type C: Hydrostatic tests of low-pressure fire extinguisher cylinders. o Type D: Perform maintenance and recharging of dry chemical, dry powder and external maintenance of halogenated agent fire extinguishers. o Type E: Hydrostatic tests of high-pressure fire extinguishers cylinders. o Type F: Internal maintenance, recharge and recover halogenated agents from portable fire extinguishers.

Failure to provide the required license may result in a proposal found non-responsive and given no consideration.

EXHIBIT A TO CITY CONTRACT 2026-084Page 205 of 1536 6 of 18

PROCESS FOR SUBMITTING PROPOSALS
Sealed bids for this RFB shall be filed with the Purchasing Division at 156 S. Broadway, Suite 270, Turlock, California, 95380, on or before 3:00 PM on Monday, October 27, 2025. No late bids will be accepted. Proposers shall submit one original and one electronic copy via USB of Exhibit A.

The City reserves the right, without limitation and at its sole discretion, to accept or reject any or all proposals and/or terminate this RFB process at any time, for any reason, without notice and with no obligations.

EVALUATION OF PROPOSALS AND SELECTION PROCESS
The City reserves the right to reject all proposers and/or to invite other individuals and/or firms to respond to this RFB if the bids received are inadequate.

A. Responsiveness Screening
Bids will first be screened to ensure responsiveness to the RFB. The City may reject as non-responsive any bid that does not include the documents required to be submitted by this RFB. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their bids.

B. Bid Review
Staff will review all responsive written bids and may contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a bid, and seek and review any other information deemed pertinent to the evaluation process.

Following conclusion of the evaluation process, staff at this point will make a recommendation for award.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFB.

LABOR CODE SECTION
No Contractor or subcontractor may be listed on a bid proposal for public works unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No contractor or subcontractor may be awarded a contract for public work on a public works project EXHIBIT A TO CITY CONTRACT 2026-084Page 206 of 1536 7 of 18

unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The contractors and subcontractor(s) must furnish electronic certified payroll records to the Labor Commissioner. The contractor shall post job site notices prescribed by registration. (See 8 Calif. Code Reg §16451 (d) for the notice that previously was required for projects monitored by the CMU.)

EXPARTE COMMUNICATIONS
Proposers and Proposers’ representatives cannot communicate with the City Council members about this RFB. In addition, Proposers and Proposers’ representatives cannot communicate outside the procedures set forth in this RFB with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFB Facilitator, regarding this RFB until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, suppliers and agents, any subcontractors or suppliers listed in the Proposer's bid, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.

CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFB prior to the bid due date.

B. Cost for Preparing Bid
The cost for developing the bid is the sole responsibility of the Proposer. All bids submitted become the property of the City.

C. Service Provider Agreement
EXHIBIT A TO CITY CONTRACT 2026-084Page 207 of 1536 8 of 18

The City will require an agreement from the vendor found most qualified. A copy of the City’s service provider agreement is attached hereto. Please be advised the following provisions of the City’s agreement are non-negotiable:
 Indemnification
 All insurance terms
 Termination
 Ownership/Us of Contract Materials and Products
 Disputes
 Governing Law
If an agreement cannot be reached, negotiations with an alternate vendor may commence.

EXHIBIT A TO CITY CONTRACT 2026-084Page 208 of 1536 9 of 18

RFB 25-018 Portable Fire Extinguishers Inspection and Service Exhibit A
Name of Firm: _________________________________________________________________ Contact Person(s): ______________________________________________________________ Address: ______________________________________________________________________ Phone: ______________________________ Fax: _____________________________________ Email: ________________________________________________________________________ City of Turlock Business License No. (if applicable): __________________________________ DIR No.: ______________________________________________________________________ Contractor License No. (if applicable): ______________________________________________ *Unique Entity Identifier (if applicable) _____________________________________________ ______________________________________________________________________________ (Signature)
*A Unique Entity Identifier (UEI) is the primary means of entity identification for Federal awards government-wide.

UEIs are required in accordance with 2 CFR Part 25, and are being issued by the Federal Government in SAM.gov.

SAM.gov, or the System for Awards Management is the official site for registering to do business with the Federal Government. All prime contractors will be verified for SAM registration upon bid evaluation.

EXHIBIT A TO CITY CONTRACT 2026-084Page 209 of 1536 10 of 18

RFB 25-018 Portable Fire Extinguishers Inspection and Service Exhibit A Continued
All service and inspection shall be in accordance with the current NFPA standards and Scope of Service. Annual inspection and maintenance pricing are to be all inclusive of all labor, supervision, new tag and label as needed, equipment, tools, transportation, handling, assessments, fees, travel and taxes etc., per unit (each).

LINE
NO.

DESCRIPTION LBS. APPROX.

QUANTITY
UNIT
PRICE
1 ABC Dry Chemical Extinguisher Service & Inspection 2.5 208 $ 2 ABC Dry Chemical Extinguisher Service & Inspection 4.75 2 $ 3 ABC Dry Chemical Extinguisher Service & Inspection 5 244 $ 4 ABC Dry Chemical Extinguisher Service & Inspection 9 1 $ 5 ABC Dry Chemical Extinguisher Service & Inspection 10 57 $ 6 ABC Dry Chemical Extinguisher Service & Inspection 15 1 $ 7 ABC Dry Chemical Extinguisher Service & Inspection 20 11 $ 8 ABC Dry Chemical Extinguisher Service & Inspection 22 1 $ 9 BC Cleanguard Extinguisher Service & Inspection 7 1 $ 10 ABC Cleanguard Extinguisher Service & Inspection 25 1 $ 11 BC CO2 Extinguisher Service & Inspection 5 1 $
12 BC CO2 Extinguisher Service & Inspection 10 1 $
13 Cleanguard Clean Agent Extinguisher Service & Inspection 5 10 $ 14 Cleanguard Plus Extinguisher Service & Inspection 7.5 1 $ 15 2A 10B C Cleanguard Clean Agent Extinguisher Service & Inspection

27.75 2 $
16 Wet Chemical Extinguisher Service & Inspection 6 Liter 1 $ 17 Halon Extinguisher Service & Inspection 5 3 $
18 Halon Extinguisher Service & Inspection 14 1 $
19 Halotron Extinguisher Service & Inspection 5 1 $
20 Halotron Extinguisher Service & Inspection 11 7 $
21 Halotron Extinguisher Service & Inspection 15 1 $
22 Halotron Extinguisher Service & Inspection 15.5 1 $
Recharging Rate: Labor rates are to be per unit for the duration of the contract.

EXHIBIT A TO CITY CONTRACT 2026-084Page 210 of 1536 11 of 18

23 Recharge (as required) 2.5 208 $
24 Recharge (as required) 4.75 2 $
25 Recharge (as required) 5 260 $
26 Recharge (as required) 9 1 $
27 Recharge (as required) 10 58 $
28 Recharge (as required) 15 2 $
29 Recharge (as required) 20 11 $
30 Recharge (as required) 22 1 $
31 Recharge (as required) 7 1 $
32 Recharge (as required) 25 1 $
33 Recharge (as required) 7.5 1 $
34 Recharge (as required) 27.75 2 $
35 Recharge (as required) 6 Liter 1 $
36 Recharge (as required) 14 1 $
37 Recharge (as required) 11 7 $
38 Recharge (as required) 15.5 1 $
Hydrostatic Testing: All testing and inspections shall be in accordance with the current NFPA standards.

Prices are to be all inclusive of all labor, supervision, new tag and label as needed, equipment tools, transportation, handling assessments, fees, travel and taxes etc., for the duration of the contract per unit (each). (for Dry Chemical ABC, Dry Chemical BC, Halatron 1, CO2, Halon 1211, Wet Chemical) 39 Hydrostatic Testing (as required) 2.5 208 $
40 Hydrostatic Testing (as required) 4.75 2 $
41 Hydrostatic Testing (as required) 5 260 $
42 Hydrostatic Testing (as required) 9 1 $
43 Hydrostatic Testing (as required) 10 58 $
44 Hydrostatic Testing (as required) 15 2 $
45 Hydrostatic Testing (as required) 20 11 $
46 Hydrostatic Testing (as required) 22 1 $
47 Hydrostatic Testing (as required) 7 1 $
48 Hydrostatic Testing (as required) 25 1 $
49 Hydrostatic Testing (as required) 7.5 1 $
50 Hydrostatic Testing (as required) 27.75 2 $
EXHIBIT A TO CITY CONTRACT 2026-084Page 211 of 1536 12 of 18

51 Hydrostatic Testing (as required) 6 Liter 1 $
52 Hydrostatic Testing (as required) 14 1 $
53 Hydrostatic Testing (as required) 11 7 $
54 Hydrostatic Testing (as required) 15.5 1 $
55 Powder Replacement – A B C Dry Chemical (as required) 1 100 $ Procurement of New Fire Extinguisher (Optional)*
56 ABC Dry Chemical Extinguisher 2.5 1 $
57 ABC Dry Chemical Extinguisher 4.75 1 $
58 ABC Dry Chemical Extinguisher 5 1 $
59 ABC Dry Chemical Extinguisher 9 1 $
60 ABC Dry Chemical Extinguisher 10 1 $
61 ABC Dry Chemical Extinguisher 15 1 $
62 ABC Dry Chemical Extinguisher 20 1 $
63 ABC Dry Chemical Extinguisher 22 1 $
64 BC Cleanguard Extinguisher 7 1 $
65 ABC Cleanguard Extinguisher 25 1 $
66 BC CO2 Extinguisher 5 1 $
67 BC CO2 Extinguisher 10 1 $
68 Cleanguard Clean Agent Extinguisher 5 1 $
69 Cleanguard Plus Extinguisher 7.5 1 $
70 2A 10B C Cleanguard Clean Agent Extinguisher 27.75 1 $ 71 Wet Chemical Extinguisher 6 Liter 1 $
72 Halon Extinguisher 5 1 $
73 Halon Extinguisher 14 1 $
74 Halotron Extinguisher 5 1 $
75 Halotron Extinguisher 11 1 $
76 Halotron Extinguisher 15 1 $
77 Halotron Extinguisher 15.5 1 $
TOTAL BID $
EXHIBIT A TO CITY CONTRACT 2026-084Page 212 of 1536 13 of 18

*Please provide pricing for any additional fire extinguisher size and types not listed above on a separate document, including the purchase of a new fire extinguisher, recharge and hydrostatic testing.

Parts shall be invoiced at the Manufacturer’s suggest retail price (MSRP) less __________% for the duration of the contract.

Vendor shall respond to Emergency Service calls with four (4) hours of request:

Labor Rate per hour
$
Vendor shall respond to Non-Schedule business hour service calls within twenty-four (24) hour of request: Labor Rate per hour
$
Emergency Service Call: All service and inspection shall be in accordance with the current NFPA standard and Scope of Service.

List any extra charges not described above:

The annual quantities on your bid form are for bidding purposes only. The City estimates this to be its annual usage, but does not guarantee this quantity. The actual quantity ordered may be more or less than estimated on the form and dictated by the City’s actual usage.
*Procurements of New Fire Extinguisher Optional but shall be included in overall year Total and the Grand Total (Basis of Award).

EXHIBIT A TO CITY CONTRACT 2026-084Page 213 of 1536 14 of 18

RFB 25-018 Portable Fire Extinguishers Inspection and Service Exhibit B
Buildings to Service

BUILDING NAME ADDRESS
1 City Hall 156 South Broadway
2 Public Safety Building 244 North Broadway
3 Parks, Recreation & Public Facilities 144 South Broadway 4 Senior Center 1191 Cahill
5 Columbia Center and Pool 600 Columbia
6 Rube Boesch 275 N. Orange
7 Fire Station #1 540 E. Marshall
8 Fire Station #2 791 S. Walnut Rd
9 Fire Station #3 501 E. Monte Vista
10 Fire Station #4 2820 North Walnut Road
11 Animal Control Shelter #1 801 S. Walnut Road
12 Animal Control Modular Bldg. #2 801 S. Walnut Road
13 Water Quality Control Treatment Facility 901 S. Walnut Road 14 Terry Cray Building (Operations Building) 901 S. Walnut Road 15 Instrumentation Building (Office Building) 901 S. Walnut Road 16 Aerobic Digester Control Building 901 S. Walnut Road EXHIBIT A TO CITY CONTRACT 2026-084Page 214 of 1536 15 of 18

17 Biofilter Pump Station 901 S. Walnut Road
18 Blower Building No. 1 901 S. Walnut Road
19 Blower Building No. 2 901 S. Walnut Road
20 Box #9 901 S. Walnut Road
21 Chlorine Building 901 S. Walnut Road
22 Digester Control Building No. 1 901 S. Walnut Road
23 Digester Control Building No. 2 901 S. Walnut Road
24 Drying Bed Decant Valve Vault 901 S. Walnut Road
25 Electrical Building No. 7 901 S. Walnut Road
26 Electrical Building No. 8 901 S. Walnut Road
27 GBT Building 901 S. Walnut Road
28 Harding Drain Pump Station 901 S. Walnut Road
29 In-Plant Drain Pump Station 901 S. Walnut Road
30 Maintenance Building 901 S. Walnut Road
31 No. 2 Water Pump Station 901 S. Walnut Road
32 Old Chlorine Building 901 S. Walnut Road
33 Operations Shop 901 S. Walnut Road
34 Primary Electrical Service Building 901 S. Walnut Road 35 Primary Sludge Pump Station 901 S. Walnut Road
36 Primary Sludge Pump Station No. 2 901 S. Walnut Road EXHIBIT A TO CITY CONTRACT 2026-084Page 215 of 1536 16 of 18

37 Pump Station No. 1 901 S. Walnut Road
38 Pump Station No. 2 901 S. Walnut Road
39 San Joaquin Training Building (Admin Building) 901 S. Walnut Road 40 Sullair Building 901 S. Walnut Road
41 Thickener Building 901 S. Walnut Road
42 Dial-A-Ride (Transit Building) 701 S. Walnut Road
43 Fleet Maintenance Shop 701 S. Walnut Road
44 Fleet CNG Maintenance Shop 701 S. Walnut Road
45 Utilities Maintenance Division 701 S. Walnut Road
46 Public Facilities Maintenance 701 S. Walnut Road
47 Shipping & Receiving 701 S. Walnut Road
48 Police/Fire Training Range 701 S. Walnut Road
49 Turlock Regional Sports Complex 4545 N. Kilroy
50 Pedretti Sports Complex 2400 N. Tegner
51 Roger K. Fall Transit Center 1418 N. Golden State Blvd. 52 Well #13 1261 E Canal
53 Well #15 1500 W Main Street
54 Well #20 1200 W Monte Vista
55 Well #22 120 E Linwood
56 Well #27 420 E Zeering
EXHIBIT A TO CITY CONTRACT 2026-084Page 216 of 1536 17 of 18

57 Well #29 201 E Hawkeye
58 Well #30 991 S Orange
59 Well #31 3761 N Walnut
60 Well #32 1623 Alex Way
61 Well #33 500 S Berkeley
62 Well #34 600 Dianne
63 Well #36 1317 N Soderquist
64 Well #37 4700 Crowell
65 Well #38 2919 W Christoffersen
66 Well #39 3900 Wellington
67 Well #40 501 S Walnut Road
68 NW Storage Tank 4706 Fulkerth Road
69 SE Storage Tank 401 Third Street
70 SW Storage Tank 512 S Kilroy
71 Terminal Tank 3500 N Quincy
72 Armory 1040 Flower Street
The locations of equipment to be serviced are listed above. The listing is not to be considered inclusive with respect to the actual number of locations. The City reserves the right to add any additional location(s) to the contract that requires the same scope of services as specified herein. The City also reserves the right to delete or remove any location(s) from the contract.

EXHIBIT A TO CITY CONTRACT 2026-084Page 217 of 1536 18 of 18 City Council Staff Report
December 9, 2025
From: Jessie Dhami, Human Relations Director
Prepared by: Alison Arias, Principal HR Analyst
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving City-wide pay ranges for part-time employees in accordance with the California Department of Industrial Relations Minimum Wage Requirement, effective January 1, 2026

2. NARRATIVE:

On January 1, 2026, the California Department of Industrial Relations is increasing the minimum wage from $16.50 per hour to $16.90 per hour. As a result of the State minimum wage increase, the City is proposing approval of a pay range schedule for part-time employees. Departments have proposed pay ranges for each of their respective part-time job classifications, with the required hourly rate reflected. Applying the increase to all parttime employees for specific positions, will address compaction issues where present.

Having a City-wide Part-time Pay Range Schedule is an effective and consistent tool for all departments. In addition to each department's list of part-time positions, the schedule also reflects part-time positions that are common to all departments.

Some part-time positions require additional certifications and credentials. The hourly rates for these positions are adjusted to coincide with the competitive job market of other agencies.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Funds to cover the increase to hourly rates reflected in the Part-time Pay Range Schedule, were accounted for in the adoption of the Fiscal Year 2025-2026 budget across all funds, in part-time expense account numbers 41002_000 through 41002_017. Therefore, no budget augmentation is needed to approve these increases.

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 Resolution

2. PT Pay Schedule Effective January 1, 2026

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING CITY-WIDE } RESOLUTION NO. 2025- PART-TIME PAY RANGES IN ACCORDANCE }
WITH THE CALIFORNIA DEPARTMENT OF }
INDUSTRIAL RELATIONS EFFECTIVE }
JANUARY 1, 2026. }
WHEREAS, on January 1, 2026 the California Department of Industrial Relations will increase the minimum wage from $16.50 to $16.90 per hour; and WHEREAS, the City of Turlock is required to be in compliance with State law; and WHEREAS, having a City-wide Part-time Pay Range Schedule will be an effective and consistent tool for all departments in a competitive job market.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve City-wide pay ranges in accordance with the California Department of Industrial Relations Minimum Wage Requirement, effective January 1, 2026.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of December, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
Nichole Fiez, City Clerk
City of Turlock, County of Stanislaus,
State of California

DEPARTMENTS JOB TITLES
1/1/25 -
12/31/25
1/1/26 -
12/31/26
MUNICIPAL RECREATION LEADER - Out of School Programs $17.50 $17.92 SERVICES SITE MANAGER - Out of School Programs $19.00 $19.46 PROGRAM SPECIALIST $20.00 $20.48
SPECIAL EVENT $17.00 - $23.00 $17.41 - $23.56
YOUTH/ADULT SPORTS OFFICIAL $17.00 $17.41
YOUTH SPORTS COACHES $17.50 $17.92
SPORTS MANAGER $18.50 $18.95
LIFEGUARD $20.00 $20.48
SWIM INSTRUCTOR (NON CERTIFIED) $18.00 $18.44
ASST. POOL MANAGER $20.50 $21.00
POOL MANAGER $21.50 $22.02
AQUATIC SPECIALIST $23.00 $23.56
CASHIER $17.00 $17.41
EVENT ASSISTANT $21.00 - $23.00 $21.51 - $23.56
COMMUNITY SERVICE CLASS NO CERT $17.00 - $20.00 $17.41 - $20.48 CERTIFICATION REQUIRED $17.00 - $28.00 $17.41 - $28.68
CREDENTIALED INSTRUCTOR * $18.00 - $30.00 $18.44 - $30.73 *Instructor is defined as a single/multiple credential or other credential requiring a Bachelor's Degree MUNICIPAL PT MAINTENANCE WORKER $16.50 - $21.50 $16.90 - $22.02 SERVICES PT FLEET MAINTENANCE WORKER $16.50 - $22.50 $16.90 - $23.04 MAINTENANCE INTERN $16.50 $16.90
POLICE PT BACKGROUND INVESTIGATOR $36.86 - $41.40 $37.75 - $42.40 PT SENIOR BACKGROUND INVESTIGATOR $38.88 - $43.40 $39.82 - $44.45 PT KENNEL ATTENDANT $18.00 - $21.00 $18.44 - $21.51
PT CADET $18.00 - $20.00 $18.44 - $20.48
PT CODE ENFORCEMENT $25.58 - $31.08 $26.20 - $31.83
PT ANIMAL SERVICES / RESCUE COORDINATOR $18.00 - $22.00 $18.44 - $22.53 FINANCE PT ACCOUNT CLERK $16.50 - $20.50 $16.90 - $21.00 CM OFFICE PT GRANT WRITER $20.00 - $25.00 $20.48 - $25.61 MUNICIPAL PT ELECTRONIC INSTRUMENTATION WORKER $16.50 - $23.00 $16.90 - $23.56 SERVICES PT ENVIRONMENTAL COMPLIANCE INSPECTOR $16.50 - $23.00 $16.90 - $23.56 PT LABORATORY ANALYST $16.50 - $23.00 $16.90 - $23.56
PT UTILITY MAINTENANCE WORKER $16.50 - $23.00 $16.90 - $23.56 PT WASTEWATER TREATMENT PLAN ATTENDANT $16.50 - $23.00 $16.90 - $23.56 PT WATER CONSERVATION WORKER $16.50 - $23.00 $16.90 - $23.56 ALL DEPARTMENTS PT CLERICAL- ALL DEPARTMENTS $16.50 - $23.00 $16.90 - $23.56

PART-TIME POSITIONS & PAY RANGE SCHEDULE

CLASS INSTRUCTORS
Revised 12/9/2025
Effective 1/1/2026

City Council Staff Report
December 9, 2025
From: Jason Hedden, Police Chief
Prepared by: Amanda Fortado, Support Operations Manager Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Accepting an allocation of funds in the amount of $75,000 to administer the Selective Traffic Enforcement Program Grant through the California Office of Traffic Safety and appropriating said funds to Fund 266 "OTS Step Grant" account number 266-20-255- 352.35720 and accounts 266-20-255-352.41100_013 "Overtime OTS Step Grant" with associated benefit accounts for overtime in the amount of $71,605, 266-20-255- 352.47095_019 "Training STEP Grant #PT26085" in the amount of $2,017, and 266-20-255- 352.44001_045 "Supplies STEP Grant #PT26085" in the amount of $1,378.

2. NARRATIVE:

The Turlock Police Department has been awarded a grant under the Selective Traffic Enforcement Program (STEP). The grant was approved in the amount of $75,000. The grant period began October 1, 2025 and ends September 30, 2026.

The STEP grant directly impacts Turlock’s residents and visitors by funding targeted enforcement operations and safety initiatives. These efforts will address key traffic safety issues such as speeding, impaired driving, distracted driving, and pedestrian safety. By improving overall traffic safety, the grant will not only reduce the risk of crashes but also enhance the quality of life for everyone in the city, creating a safer, more secure environment for both drivers and pedestrians alike. With the support of this grant, Turlock is positioned to take significant steps toward reducing crashes and fostering safer roadways for its growing population. Overtime details targeting the above-mentioned efforts will be conducted with funds obtained through this grant.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Funds need to be appropriated to Fund 266 "OTS Step Grant" account number 266-20-255- 352.35720 and accounts 266-20-255-352.41100_013 "Overtime OTS Step Grant" with associated benefit accounts for overtime in the amount of $71,605, 266-20-255- 352.47095_019 "Training STEP Grant #PT26085" in the amount of $2,017, and 266-20- 255-352.44001_045 "Supplies STEP Grant #PT26085" in the amount of $1,378.

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 Resolution

Agenda Staff Report
12/9/2025

2. Grant Agreement - PT26085

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ACCEPTING AN } RESOLUTION NO. 2025-
ALLOCATION OF FUNDS IN THE AMOUNT OF }
$75,000 TO ADMINISTER THE SELECTIVE }
TRAFFIC ENFORCEMENT PROGRAM GRANT }
THROUGH THE CALIFORNIA OFFICE OF }
TRAFFIC SAFETY AND APPROPRIATING SAID }
FUNDS TO FUND 266 “OTS STEP GRANT” }
ACCOUNT NUMBER 266-20-255-352.35720 “OTS}
STEP GRANT” AND ACCOUNTS }
266-20-255-352.41100_013 “OVERTIME OTS }
STEP GRANT” WITH ASSOCIATED BENEFIT }
ACCOUNTS FOR OVERTIME IN THE AMOUNT }
OF $71,605, 266-20-255-352.47095_019 }
“TRAINING STEP GRANT #PT26085” IN THE }
AMOUNT OF $2,017, AND }
266-20-255-352.44001_045 “SUPPLIES STEP }
GRANT #PT26085” IN THE AMOUNT OF $1,378 }
}
}
WHEREAS, the Turlock Police Department has been awarded a grant from the California Office of Traffic Safety under the Selective Traffic Enforcement Program (STEP); and
WHEREAS, the grant period begins October 1, 2025, and ends on September 30, 2026 in an approved amount of $75,000; and
WHEREAS, the Police Department and City Engineering continue to make strides to improve safety through design, a component of safety is enforcement of those safety regulations; and
WHEREAS, as specified in the grant application, the enforcement and education programs will specifically target speeding, impaired driving, distracted driving, and pedestrian safety; and
WHEREAS, this will be accomplished through enforcement efforts that will not only reduce the risk of crashes but also enhance the quality of life for everyone in the city, creating a safer, more secure environment for both drivers and pedestrians alike; and
WHEREAS, these details will be conducted with funds obtained through this grant; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby accept an allocation of funds in the amount of $75,000 to administer the Selective Traffic Enforcement Program Grant through the California Office of Traffic Safety and appropriating said funds to Fund 266 "OTS Step Grant"

Resolution No. 2025-

account number 266-20-255-352.35720 and accounts 266-20-255-352.41100_013 "Overtime OTS Step Grant" with associated benefit accounts for overtime in the amount of $71,605, 266-20-255-352.47095_019 "Training STEP Grant #PT26085" in the amount of $2,017, and 266-20-255-352.44001_045 "Supplies STEP Grant #PT26085" in the amount of $1,378.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of December, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
_
Nichole Fiez, City Clerk,
City of Turlock, County of
Stanislaus, State of California

9/22/2025 10:36:13 AM Page 1 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26085

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Turlock From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Turlock Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $75,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steve Rodrigues
Captain
[email protected]
(209) 656-3154
244 North Broadway
Turlock, CA 95380
ADDRESS: Jason Hedden
Police Chief
[email protected]
(209) 664-5550 x6601
244 N. Broadway
Turlock, CA 95380
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Michael Lenhardt
Principal Accountant
[email protected]
(209) 668-6026
244 N. Broadway
Turlock, CA 95380
ADDRESS: Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
Steve Rodrigues (Sep 29, 2025 13:16:52 PDT)
Steve Rodrigues Sep 29, 2025 Michael Lenhardt (Sep 29, 2025 13:49:15 PDT) Michael Lenhardt Sep 29, 2025 Jason Hedden (Sep 29, 2025 19:50:24 PDT) Sep 29, 2025 Oct 7, 2025 Page 225 of 1536 9/22/2025 10:36:13 AM Page 2 of 21
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

JDYXAB12QLG1
156 S Broadway Suite 110
Turlock
95380-5456
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $10,000.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $20,000.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $45,000.00

AGREEMENT
TOTAL $75,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$75,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $75,000.00 Carolyn Vu (Oct 7, 2025 08:19:35 PDT) Oct 7, 2025 Page 226 of 1536 9/22/2025 10:36:13 AM Page 3 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26085

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

Turlock, California, is a vibrant city located in the heart of the San Joaquin Valley, known for its strong agricultural roots, growing residential communities, and rich cultural heritage. With a population of over 70,000, Turlock serves as a regional hub for commerce, education (Cal State Stanislaus), and transportation. The city’s blend of urban and rural environments creates a unique landscape where residential areas, local businesses, and agricultural fields coexist.

As Turlock continues to grow, so do the challenges related to traffic safety. The city experiences a mix of local traffic, commuters passing through on major highways like Highway 99, and residents traveling through suburban streets. While Turlock offers a family-friendly environment, the increasing number of vehicles on the road has led to a concerning rise in traffic-related incidents, particularly injury crashes. The city is also home to many pedestrians, including college students, shoppers, and individuals accessing public transportation, who are vulnerable to crashes as they navigate the streets.

The OTS STEP grant will directly impact Turlock’s residents and visitors by funding targeted enforcement operations and safety initiatives. These efforts will address key traffic safety issues such as speeding, impaired driving, distracted driving, and pedestrian safety. By improving overall traffic safety, the grant will not only reduce the risk of crashes but also enhance the quality of life for everyone in the city—creating a safer, more secure environment for both drivers and pedestrians alike. With the support of this grant, Turlock is positioned to take significant steps toward reducing crashes and fostering safer roadways for its growing population.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Over the past several years, the Turlock Police Department has made substantial efforts to reduce vehicle crashes through targeted OTS operations. However, recent data from 2024 highlights that while some progress has been made, there are still significant challenges in ensuring the safety of residents and visitors.

In 2024, there were 683 total traffic crashes, with 355 of those resulting in injuries and 496 victims. This is a slight increase from 677 crashes with 343 injuries in 2023, and 680 crashes with 339 injuries in 2022, indicating a concerning trend of rising injury crashes over the past few years. Although the total number of crashes remained relatively steady, the increase in injuries points to the continued need for interventions to reduce the severity and frequency of these incidents.

Fatal crashes, while lower than in previous years, still represent a critical area of concern. In 2024, there were 4 fatal crashes, compared to 6 in 2023 and 7 in 2022. While the decline in fatalities is positive, the risk of fatal crashes persists, and continued efforts are necessary to reduce these numbers further.

Pedestrian safety remains a significant focus. In 2024, there were 36 pedestrian crashes, up from 26 in 2023 and 31 in 2022. However, despite this increase in pedestrian crashes, fatalities have remained relatively low, with only two pedestrian fatalities in both 2023 and 2024, compared to five in 2022. This indicates that safety measures for pedestrians are having a positive effect, but more work is needed to further reduce pedestrianrelated injuries and fatalities.

Bicycle crashes have decreased slightly to 29 in 2024, down from 35 in 2023 and 27 in 2022, which suggests that safety efforts aimed at cyclists may be having some impact. However, motorcycle crashes remain a concern, with 11 motorcycle crashes in 2024, which is lower than in previous years but still a reminder that motorcycle safety requires continued attention.

Hit-and-run crashes continue to be a problem, with 235 hit-and-run crashes in 2024, slightly down from 239 in 2023 but up from 216 in 2022. This trend suggests that hit-and-run offenses remain a challenge and that ongoing efforts to address this issue are needed. Additionally, alcohol-involved crashes remain a serious concern, with 108 crashes in 2024, a slight increase from 103 in 2023 and 101 in 2022.

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The target population for this grant includes all residents and visitors of Turlock, as they are directly affected by these traffic safety issues. Injury crashes cause not only physical harm but also emotional distress and financial burdens for victims. With pedestrian, cyclist, and motor vehicle crashes continuing to be problematic, this grant aims to address these issues through targeted enforcement and education efforts focused on the primary crash factors.

By addressing alcohol-related crashes, hit-and-run crashes, speeding, and distracted driving, along with pedestrian and cyclist safety, this grant will help the Turlock Police Department continue its efforts to reduce injuries and fatalities on our roadways. The support from OTS will enable the department to conduct focused enforcement operations and public education campaigns to create a safer environment for all who travel through Turlock, ultimately contributing to a more secure and thriving community.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The OTS (Office of Traffic Safety) STEP (Selective Traffic Enforcement Program) grant is typically aimed at addressing traffic safety issues in communities. The target population for this grant in Turlock would primarily include drivers, pedestrians, cyclists, and other road users within the city. This population may be affected by a range of traffic-related problems, such as:
 High Rates of Traffic Crashes: Turlock may experience issues related to traffic crashes, which can result in injuries or fatalities. Vulnerable populations, such as pedestrians and cyclists, are particularly at risk.
 Impaired Driving: The city may face challenges with impaired driving due to alcohol or substance use, leading to a higher incidence of crashes.
 Distracted Driving: The prevalence of mobile devices can contribute to distracted driving crashes, which pose a significant risk to all road users.
 Unsafe Road Conditions: Poor infrastructure, including potholes or lack of proper signage and road markings, can also contribute to traffic safety issues.  Demographic Vulnerabilities: Certain groups within the population, such as adolescents, seniors, and low-income families, may be more susceptible to the negative impacts of traffic-related problems.

By addressing these issues through the OTS STEP grant, the program will enhance traffic safety, reduce crashes, and ultimately create a safer environment for all road users in Turlock.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to 1

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your OTS Coordinator, for approval 7 days prior to the issuance date of the release.

2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 7. Conduct DUI Saturation Patrol operation(s). 22

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
11 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
11 10. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 1 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative DUI Enforcement operations. 2

14. Participate in highly visible collaborative Traffic Enforcement operations. 4

15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 16. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.

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 In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
 News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid

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media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26085

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405e DDL-26 20.616 Distracted Driving Laws $10,000.00
402PT-26 20.600 State and Community Highway
Safety
$20,000.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$45,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $4,800.00 2 $9,600.00
DUI Saturation Patrols 164AL-26 $1,200.00 22 $26,400.00 Collaborative DUI Enforcement 164AL-26 $1,200.00 2 $2,400.00 Benefits for 164AL @13.60% 164AL-26 $38,400.00 1 $5,222.00 Traffic Enforcement 402PT-26 $800.00 11 $8,800.00
Pedestrian and Bicycle Enforcement 402PT-26 $750.00 1 $750.00 Motorcycle Safety Enforcement 402PT-26 $760.00 2 $1,520.00 Street Racing and Sideshow Enforcement
Operations
402PT-26 $760.00 1 $760.00
Traffic Safety Educational Presentations 402PT-26 $400.00 2 $800.00 Collaborative Traffic Enforcement 402PT-26 $800.00 4 $3,200.00 Benefits for 402PT @13.60% 402PT-26 $15,830.00 1 $2,153.00 Distracted Driving Enforcement 405e DDL26$800.25 11 $8,803.00 Benefits for 405e @13.60% 405e DDL26$8,803.00 1 $1,197.00 Category Sub-Total $71,605.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $2,017.00 1 $2,017.00
$0.00
Category Sub-Total $2,017.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $1,378.00 1 $1,378.00
Category Sub-Total $1,378.00
F. INDIRECT COSTS
$0.00

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Category Sub-Total $0.00
GRANT TOTAL $75,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26085

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL @13.60% - WC – 3.357%
Liability – 8.797%
Medicare 1.45%
TOTAL = 13.604%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT @13.60% - WC – 3.357%
Liability – 8.797%
Medicare 1.45%
TOTAL = 13.604%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 405e @13.60% - WC – 3.357%
Liability – 8.797%
Medicare 1.45%
TOTAL = 13.604%
Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

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OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT26085
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the

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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or

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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and

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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of

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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS

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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Michael Lenhardt
Title: Principal Accountant Media Contact: No
Phone: (209) 668-6026
Email: [email protected]

2. Stephanie Mora
Title: Accountant III Media Contact: No
Phone: (209) 669-2816
Email: [email protected]

3. Jason Watson
Title: Sergeant Media Contact: No
Phone: (209) 668-6557
Email: [email protected]
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT26085

GRANT DETAILS
Grant Number: PT26085
Agency Name: Turlock Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $75,000.00
Authorizing Official: Jason Hedden
Fiscal Official: Michael Lenhardt
Grant Director: Steve Rodrigues

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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }}
Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }}
Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }}
Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[] c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }}
Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
Jason Watson (Sep 24, 2025 08:38:53 PDT)
Jason Watson Jason Watson Sergeant Sep 24, 2025 Steve Rodrigues (Sep 29, 2025 13:16:52 PDT) Steve Rodrigues Steve Rodrigues Sep 29, 2025 Page 245 of 1536 Grant Agreement - PT26085
Final Audit Report 2025-10-07
Created: 2025-09-22
By: Mikaela Knowles ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAIZy3y1LXVfdfzSVLVCj7GiDEbAdAUdy9 "Grant Agreement - PT26085" History
Document created by Mikaela Knowles ([email protected]) 2025-09-22 - 5:36:26 PM GMT
Document emailed to [email protected] for signature 2025-09-22 - 5:36:35 PM GMT
Email viewed by [email protected]
2025-09-22 - 5:36:58 PM GMT
Signer [email protected] entered name at signing as Jason Watson 2025-09-24 - 3:38:51 PM GMT
Document e-signed by Jason Watson ([email protected]) Signature Date: 2025-09-24 - 3:38:53 PM GMT - Time Source: server Document emailed to [email protected] for signature 2025-09-24 - 3:38:56 PM GMT
Email viewed by [email protected]
2025-09-24 - 4:22:29 PM GMT
Email viewed by [email protected]
2025-09-29 - 8:15:59 PM GMT
Signer [email protected] entered name at signing as Steve Rodrigues 2025-09-29 - 8:16:50 PM GMT
Document e-signed by Steve Rodrigues ([email protected]) Signature Date: 2025-09-29 - 8:16:52 PM GMT - Time Source: server Document emailed to [email protected] for signature 2025-09-29 - 8:16:54 PM GMT

Email viewed by [email protected]
2025-09-29 - 8:47:29 PM GMT
Signer [email protected] entered name at signing as Michael Lenhardt 2025-09-29 - 8:49:13 PM GMT
Document e-signed by Michael Lenhardt ([email protected]) Signature Date: 2025-09-29 - 8:49:15 PM GMT - Time Source: server Document emailed to [email protected] for signature 2025-09-29 - 8:49:17 PM GMT
Email viewed by [email protected]
2025-09-30 - 2:48:54 AM GMT
Signer [email protected] entered name at signing as Jason Hedden 2025-09-30 - 2:50:22 AM GMT
Document e-signed by Jason Hedden ([email protected]) Signature Date: 2025-09-30 - 2:50:24 AM GMT - Time Source: server Document emailed to Carolyn Vu ([email protected]) for signature 2025-09-30 - 2:50:26 AM GMT
Email viewed by Carolyn Vu ([email protected])
2025-10-06 - 9:01:20 PM GMT
Email viewed by Carolyn Vu ([email protected])
2025-10-07 - 3:19:01 PM GMT
Document e-signed by Carolyn Vu ([email protected]) Signature Date: 2025-10-07 - 3:19:35 PM GMT - Time Source: server Document emailed to Stephanie Dougherty ([email protected]) for signature 2025-10-07 - 3:19:37 PM GMT
Document e-signed by Stephanie Dougherty ([email protected]) Signature Date: 2025-10-07 - 5:38:37 PM GMT - Time Source: server Agreement completed.
2025-10-07 - 5:38:37 PM GMT

City Council Staff Report
December 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: David Huff, Water Quality Control Manager
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving an agreement (City Contract No. 2026-089) with HSQ Tech Inc. for maintenance service of the telemetry software/hardware, and further determining, pursuant to Turlock Municipal Code Section 2-7-08(b)(6), that the best interests of the City require that the purchase be made without compliance with the formal bid procedure

2. NARRATIVE:

The City of Turlock’s Supervisory Control and Data Acquisition (SCADA) system is an advanced process control and monitoring platform that supports critical public infrastructure operations. The SCADA System is utilized in five major areas within the City:
• Regional Water Quality Control Facility
• Potable Water System
• Stormwater Collection System
• Sewer Collection System
• Industrial Waste Monitoring System
Within each of these areas, the SCADA system controls equipment operations and continuously monitors water quality parameters throughout the entire process. The system is also configured to automatically alert staff 24 hours a day when parameters exceed acceptable ranges, allowing operators to respond promptly and prevent service disruptions or environmental impacts.

Overall, the City’s SCADA System manages approximately 10,000 control and monitoring points distributed across Turlock’s water and wastewater infrastructure.

The City’s current SCADA system is based on HSQ Technology (HSQ) hardware and software, which operate as a tightly integrated proprietary system. As a result, system modifications and maintenance require HSQ engineers or specially trained City staff familiar with HSQ’s architecture.

The proposed Maintenance Agreement with HSQ Technology provides 24-hour telephone access to HSQ’s engineering staff, seven (7) days per year of on-site technical assistance, and software updates and system upgrades, including enhancements to both the Hewlett Packard VMS Operating System and HSQ’s proprietary Maximum Information Saves Energy Resources (MISER) Operating System.

Agenda Staff Report
12/9/2025

3. FISCAL IMPACT / BUDGET AMENDMENT:

There is no impact to the General Fund as a result of the proposed action.

The Municipal Services Department is requesting a competitive procedure not be used per TMC 2-7-08 (b)(6) that states, bidding is not required when the Council shall have adopted a resolution by at least four (4) affirmative votes determining that the best interests of the City require that the purchase be made without compliance with the formal bid procedure.

The total compensation under this contract will not exceed $450,000. City staff will include adequate funding in Fund 410, "Water Quality Control” account number 410-51-530.43125_002 “Maintenance HSQ Maint Agreement”, Fund 420, “Water” account number 420-52-550.43125_002 “Maintenance HSQ Maint Agreement".

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 Resolution

2. City Contract 2026-089 with HSQ

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2025-

WHEREAS, the City operates Supervisory Control and Data Acquisition (SCADA) systems that support critical operations across the Regional Water Quality Control Facility, potable water system, stormwater collection, sewer collection, and industrial waste monitoring systems; and
WHEREAS, SCADA hardware and software used by the City is a tightly integrated, proprietary system manufactured and supported by HSQ Technology (HSQ), and system maintenance, upgrades, and troubleshooting require HSQ engineers or specially trained staff familiar with HSQ architecture; and
WHEREAS, HSQ is the sole provider of required system updates, software patches, MISER operating system enhancements, and specialized hardware components, as reflected in the price lists and technical documentation included in the proposed agreement; and
WHEREAS, the proposed Maintenance Agreement (City Contract No. 2026-089) provides the ongoing support necessary to ensure continuous operation of essential public health and safety infrastructure, including 24-hour telephone access to HSQ engineering staff and on-site technical assistance; and WHEREAS, pursuant to Turlock Municipal Code Section 2-7-08(b)(6), the City Council may determine, by at least four affirmative votes, that the best interests of the City require that a purchase be made without compliance with the formal bid procedure; and
WHEREAS, the City Council finds that due to the proprietary nature of the City’s SCADA system, the essential need for continuous operational reliability, and the lack of alternative qualified service providers, the best interests of the City require that maintenance services and system support be obtained directly from HSQ Technology.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock hereby approves an agreement (City Contract No. 2026-089) with HSQ Tech Inc. for maintenance service of the telemetry software/hardware, and further determines, }
}
}
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}

IN THE MATTER OF APPROVING AN
AGREEMENT (CITY CONTRACT NO. 2026-
089) WITH HSQ TECH INC. FOR
MAINTENANCE SERVICE OF THE CITY’S

SCADA TELEMETRY

SOFTWARE/HARDWARE AND

DETERMINING THAT THE BEST

INTERESTS OF THE CITY REQUIRE THAT

THE PURCHASE BE MADE WITHOUT

COMPLIANCE WITH FORMAL BID

PROCEDURES PURSUANT TO TURLOCK
MUNICIPAL CODE SECTION 2-7-08(B)(6)

Resolution No. 2025-

pursuant to Turlock Municipal Code Section 2-7-08(b)(6), that the best interests of the City require that the purchase be made without compliance with the formal bid procedure.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of December, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT: ATTEST:
__________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California

26227 Research Road
Hayward, California 94545-3725
Phone: (510) 259-1334
Fax: (510) 259-1392
www.hsq.com

BUILDING THE TECHNOLOGY THAT DRIVES SMARTER SYSTEMS
An Equal Opportunity Employer
M:\2-CUSTOMER DIRECTORY\1-Maintenance Agreement\2025\2510-001-MA-Turlock_ By Email [email protected]
Raquel Brasil [email protected]
September 29, 2025
City of Turlock
701 S. Walnut Road
Turlock, CA 95380
Attention: Rene Gutierrez and Raquel Brasil
Subject: Quote for Maintenance Agreement
HSQ Quotation No. 2508-0002-MA-A
Dear Mr. Gutierrez, and Ms. Raquel Brasil
HSQ Technology is pleased to offer the City of Turlock two (2) years of maintenance service for your Supervisory Control and Data Acquisition (SCADA) System. The rate for two (2) years of maintenance will be $37,200.00. This amount will be billed in two lump sums of $18,600.00 per year. This quote is based on fourteen (14) site visits of one (1) day each and includes telephone support for existing SCADA system configuration over the full two year maintenance base period,
Enclosed is an original of the agreement. If you find it acceptable, please make two (2) copies of the Agreement for Maintenance Service form and complete the Customer Acceptance portion of both documents and return them to HSQ Technology with a purchase order or contract. HSQ will return one fully executed agreement for your files. HSQ has also enclosed the signed addendum.

In addition, HSQ Technology will provide replacement and spare parts and/or repair services at the prices listed on the enclosed Parts and Service Price List. Parts not listed will be quoted on request. Parts and service requests that are outside the scope of the maintenance agreement will require a separate purchase order. To facilitate the order and repair of equipment, HSQ suggests that you add a $5,000.00 to $15,000.00 blanket purchase order for any emergency order.

HSQ looks forward to meeting your maintenance needs. Please contact the undersigned, or [email protected], at 510-259-1334 with any questions.

Sincerely
Gus Jimenez
Vice President
Chief Operations Officer (COO)
HSQ Tech INC.
26227 Research Road
Hayward, Ca. 94545
Phone: 510-259-3713 (Direct)
Cell: 925-209-8580
Email: [email protected]
http://www.hsq.com

x Rev: Dec 16

AGREEMENT FOR MAINTENANCE SUPPORT SERVICE
HSQ TECH INC. and CITY OF TURLOCK

SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM
Maintenance Agreement No. 2508 – 0002 – MA
This Agreement is made and entered into this 9th day of December, 2025, by and between HSQ TECHNOLOGY, hereinafter referred to as “HSQ,” and CITY OF TURLOCK, hereinafter referred to as “CUSTOMER,” for the SCADA System located at various locations.

TERM
This Agreement shall be effective December 09, 2025, and shall continue for a term of twenty-four months through December 09, 2027 with three Option Years to extend .

SCOPE OF WORK
In consideration of payment by Customer, HSQ agrees to provide telephone support for questions regarding operations of, or problems arising with, the SCADA system. 8-Hour Telephone support will be available during normal business hours PST from HSQ’s Hayward, California, factory at 510-259-1334 or email direct to [email protected] for direct maintenance department scheduling.

Please note that telephone support is intended to maintain system functionality and is not intended to be an unlimited technical resource for the Operations and Maintenance Staff; HSQ reserves the right to request additional compensation for work outside of the normal scope of telephone support.

Maintenance contract is based on having authorized remote access to SCADA system in order to support services under this contract.

Work Included
• Operation or maintenance questions from Customer authorized staff • Assist in diagnosing hardware problems for HSQ supplied equipment • Provide fixes for any latent software defects provided by HSQ • Access Customer System as available for any of the above issues Work Excluded
• New Development added by customer and support to implement • Development of custom software including reports, control blocks, VCL • Significant modifications to the System Database for points or Graphics • Significant software damage caused by operator error. • Preparations of new Drawings or Documentation
• Any material or equipment

x Rev: Dec 16
Agreement for Maintenance Support Service

Site Visits: (Seven site visits of one days each for each Maintenance Year) Site visits are coordinated between Customer and HSQ Support Services:
• Customer shall provide the scope of work expected for each visit in order to assign the appropriate HSQ support Engineer. This coordination shall be submitted to HSQ, • Site visits include labor only and may include training, maintenance, or assisting with the development of minor software modifications
• In the event Site Visits are not coordinated by customer within the maintenance contract period, Any Support trips not coordinated or scheduled by customer shall be forfeited with no expected credit back.

MAINTENANCE SUMMARY BREAK-OUT
Maintenance Year 1 - $18,600.00
Maintenance Year 2 - $18,600.00
Option Year 1 of 3 - $19,100.00
Option Year 2 of 3 - $19,670.00
Option Year 3 of 3 - $20,260.00
PARTS
HSQ will provide replacement parts and/or repair services at the prices listed on the Parts and Service Price List that is attached as Exhibit A and incorporated herein by reference. New and replacement parts are F.O.B. at HSQ’s Hayward, California, factory. Parts not listed on Exhibit A will be quoted upon request.

EMERGENCY SUPPORT
When the SCADA system is malfunctioning, CUSTOMER will initiate a service call for questions regarding operations of, or problems arising with, the system during normal business hours to HSQ’s Hayward, California, factory. If necessary and requested by CUSTOMER, HSQ service personnel with the ability to provide service to the complete system shall be available and at the CUSTOMER’s site within seventy-two (72) hours of service call. On site Emergency Support requested by the CUSTOMER is beyond the scope of the maintenance visits and CUSTOMER shall be billed at the rates listed on HSQ’s Service Pricing Sheet, which is attached as Exhibit A and incorporated herein by reference.

PAYMENT
In consideration of the above support services, CUSTOMER agrees to pay HSQ the sum of $18,600.00 Eighteen Thousand Six Hundred Dollars and No Cents ($18,600.00), billed in one lump payment per year, payable in advance. Invoices are payable upon receipt.

x Rev: Dec 16

ACCEPTANCE
By CUSTOMER: By HSQ TECH INC.:

Signature Signature
Gustavo Jimenez
Typed/Printed Name Typed/Printed Name
Vice President/COO
Title Title
11/18/2025
Date Date

Part Number Description List Price
8600-3343F 25x86 Logic Processor – Standard (two buses with two Ethernet ports) $ 2,500.00 8600-3343L 25x86 Logic Processor – Low Power $ 2,000.00 8601 Bus Board (Replacement) $ 650.00
8602 Control Board (Replacement) $ 800.00
8600-386X Latest CPU Exchange for 386 or 486 CPU $ 950.00 8600-V8 Version 8 Software Upgrade (only available for 9579 and 9588 processors) $ 400.00 CPF-UP Compact Flash Upgrade $ 450.00
Part Number Description List Price
1046 8-Channel Digital DC Input Board $ 225.00
1047 8-Channel Digital DC Output Board $ 225.00
1332 8-Channel Relay Output Board $ 325.00
8646 12-Channel DI/12-Channel DO Termination Board (25x86 Only) $ 450.00 Part Number Description List Price
HSQ-6015 7-Channel RTD Input Module $ 675.00
HSQ-6017 8-Channel Analog Input / 2-Channel Digital Output Module $ 570.00 HSQ-6018 8-Channel Thermocouple Input / 8-Channel Digital Output Module $ 790.00 HSQ-6050 12-Channel Digital Input / 6-Channel Digital Output Module $ 415.00 HSQ-6051 12-Channel Digital Input / 2-Channel Digital Output or 2-Channel Counter Input Module $ 415.00 HSQ-6052 8-Channel Digital Input / 8-Channel Digital Output $ 440.00 HSQ-6060 6-Channel Digital Input / 6-Channel Relay Module $ 460.00 HSQ-6066 6-Channel Digital Input / 6-Channel Power Relay Module $ 400.00 HSQ-6217 8-Channel Analog Input Module $ 615.00
HSQ-6224 4-Channel Analog Output / 4-Channel Digital Input Module $ 645.00 HSQ-6250 8-Channel Digital Input / 7-Channel Digital Output Module $ 430.00 HSQ-6256 16-Channel Digital Output Module $ 430.00
HSQ-6260 6-Channel Relay Output Module $ 430.00
HSQ-6266 4-Channel Digital Input / 4-Channel Relay Output Module $ 430.00 Part Number Description List Price
2535 4-Channel Digital Input to Analog Input Adapter Board $ 90.00 2508 32-Channel Analog Input Board $ 1,350.00
2509 32-Channel Digital Input Board $ 530.00
2534 32-Channel Intelligent Digital Input $ 1,100.00
2533 32-Channel Digital Output $ 610.00
2548 16-Channel Relay Digital Output $ 550.00
2569 16-Channel Digital Input / 16-Channel Digital Output Board $ 690.00 1368 Digital Input Conversion Expansion Board (125 VDC in) – Left entry (for use w/2509 & 2534 expansion boards) $ 280.00 1369 Digital Input Conversion Expansion Board (125 VDC in) – Right entry (for use w/2509 & 2534 expansion boards) $ 280.00

PARTS AND SERVICE PRICE LIST
(Effective January 1, 2025)
Logic Processors (RTUs)
2500 - 25x86 Series Interface Boards
6000/6200 Series Remote I/O Modules for 25x86 and 1000 RTUs 2500 - 25x86 Series Expansion Boards
HSQ Tech Inc.
26227 Research Road,
Hayward, California 94545-3725
Phone: (510) 259-1334
Toll Free: (800) 486-6684
HSQPrice List_2024 Confidential - Not for Distribution Effective January 1, 2024

Part Number Description List Price
2511 Power Box Assembly $ 150.00
2585 RTU Battery Backup Controller $ 490.00
CP10.241-S1 Power Supply ( 24 VDC / 10 Amp) – DIN Rail· $265.00 $ 290.00 2572 Communications Board — provides 2 serial ports and indicator lights for 6000 series RTUs and the HSQ-1110 RTU

$ 160.00
2592 Communications Board — provides 4 serial ports and 1 Ethernet port for 25x86 RTUs (9579, 9588, and 3343 $ 225.00 PTA Pulse to Analog Card — converts a DO pulse duration to an analog value $ 150.00 HSQ-RX2800 HSQ Integrity rx2800 i6 Server/Workstation: w/ VMS Keyboard and Mouse, 24” LCD Monitor,16 GB RAM, 147 GB /
Contact HSQ
HSQ-RXPWR2 Redundant Power Supply for HSQ-RX2800· $ 750.00 HSQ-XVIEWWRKPRO MISER XView for Windows Professional Workstation Contact HSQ HSQ-SYS-146 146 GB System Disk (configured)· Contact HSQ HSQ-HST-300 300 GB History Disk (configured) Contact HSQ HSQ-TELE8HR Telephone Support, Basic (eight hours a day, five days a week) Contact HSQ HSQ-TELE24HR Telephone Support, Complete (twenty-four hours a day, seven days a week) Contact HSQ Part Number Description List Price
HSQ-6000R Communication Ribbon Cable (HSQ-6000 to 2572) $ 100.00 HSQ-CBL1 Ribbon Cable (2 connectors, 1 foot length) $ 75.00 RTUDIAG-CBL RTU Diagnostics Cable, connects 2500 series and x86 RTUs series to serial port $ 100.00 Part Number Description List Price
HSQ-MISER-A MISER License (non-redundant server) Contact HSQ HSQ-MISER-B MISER License (redundant server) Contact HSQ HSQ-MISER-C MISER License (workstation) Contact HSQ
MISER-DR Standard MISER Device Driver (existing NCC) Contact HSQ XVIEW-WIN XView for Windows (XView only, full client version) Contact HSQ XVIEW-UP XView for Windows Upgrade (XView only, client upgrade version) Contact HSQ WIN-XCD XView for Windows, Exceed Edition, Full Version (XView and XServer software) Contact HSQ WIN-XCD-UP XView for Windows, Exceed Edition, Upgrade Version (XView and XServer software) Contact HSQ HSQ-TALK MISERtalk Software (Email Notification / Text Message) Contact HSQ HSQ-VCL MISER VisualCL Software (Server) Contact HSQ
HSQ-VCLW VisualCL Software for Windows (Client) Contact HSQ HSQ-POR MISER Web Portal Contact HSQ
HSQ-POR-UP MISER Web Portal Upgrade Contact HSQ
HSQ-SRV-WIN ODBC Server for Windows (database software) Contact HSQ HSQ-ODBC ODBC Bridge for MISER (database software) Contact HSQ HSQ-ODOC ODBC Bridge with Oracle for MISER Contact HSQ
HSQ-ODRD ODBC Bridge (redundant software) Contact HSQ
RTU-DIAG RTU Diagnostic Software (CD-ROM) (Includes software, manual, and two (2) hours telephone support.) $ 1,200.00 Part Number Description List Price
HSQ-MOM MISER Operator Manual $ 150.00
HSQ-TRM MISER Technical Reference Manual $ 175.00
HSQ-SYS MISER System Manual $ 150.00
HSQ-VCLM VisualCL Manual $ 150.00
HSQ-XVIEW XView for Windows Installation Manual $ 150.00 HSQ-XDRAW XDraw User Manual $ 150.00
HSQ-RTU86 HSQ Logic Processor and RTU User Manual $ 200.00 HSQ-DIAG RTU Diagnostic Manual $ 125.00
HSQ-CDR MISER Manuals on DVD $ 175.00
System Accessories
Communication Cables
Software
Documentation
HSQPrice List_2024 Confidential - Not for Distribution Effective January 1, 2024

Item Description Rate
Senior Engineer - Normal Senior Service Software Engineer, Based on 8 Normal Business Hours (4-Hour Minimum) $250/Hour Senior Engineer - Overtime Senior Service/Software Engineer, Holiday/Overtime Hours (8-Hour Minimum) $375/Hour Service Engineer - Normal Service Engineer (hardware and software), Based on 8-Normal Business Hours (4-Hour Minimum) $200/Hour Service Engineer - Overtime Service Engineer (hardware and software), Holiday/Overtime Working Hours (8-Hour Minimum) $300/Hour Item Description List Price
Airfare Airline Travel plus taxes Contact HSQ
Lodging Hotel plus associated parking fee and taxes Contact HSQ Vehicle Car Rental and Insurance Coverage Contact HSQ
Daily Stipend Pier Diem (daily) for meals Contact HSQ
Mileage At Local Vehicle Mileage Rate plus margin Contact HSQ Parts and Material Quoted As Required Contact HSQ

1. All prices are FOB Hayward, California and are exclusive of sales tax. Taxes and transport charges are prepaid and will be added to the invoice.

2. VISA and MasterCard are accepted, subject to a 5% surcharge.

3. Prices are subject to change. Call or email for current prices.

4. Minimum parts order is $500.00.

5. New items are warranted for one (1) year.

6. Repair items are warranted for ninety (90) days.

7. Extended warranty is available on most items.

8. The prices on this list do not apply to parts damaged as a result of improper use or acts of God.

9. If no part number is listed, please call. The application will dictate the specific part number.

11. Service rates are based on 8 normal business day hours (8am-5pm PST M-F excluding Holidays) and do not including travel and living expenses.

Telephone (510) 259-1334
Toll Free Number (800) 486-6684
Parts and Production [email protected]
Sales [email protected]
Repairs [email protected]
Website hsq.com
RMA Repair Forms www.hsq.com/RMA
Training and Support https://hsq.com/index.php/support/ Knowledge Base Center https://hsq.com/index.php/documentation/ Travel Expenses and In-Transit Rates
Terms And Conditions

10. Quantity discounts are available for the 25x86 series interface, expansion boards, and other parts based on meeting quantity limits for each product part. • Qty. 10 -20 = 5%
• Qty. 21- 34 = 10%
• Qty. 35 or more = 15%
Contacts and Links
Repairs
Repair pricing for HSQ products is based on time and material at a rate of $200.00 per hour. There is a $300.00 evaluation fee for all repair items. Shipping cost shall be dd d d d h f d
Service
HSQPrice List_2024 Confidential - Not for Distribution Effective January 1, 2024

ADDENDUM TO

CITY OF TURLOCK

AGREEMENT FOR SERVICES
Service Provider: HSQ Tech Inc Date: December 9, 2025
City Contract No. 2026-089
Scope of Work: Supervisory Control and Data Acquisition System Maintenance Agreement No. 2508 – 0002 - MA
08/2025

1. INSURANCE:

Service Provider shall not commence work under this Agreement until Service Provider has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Service Provider allow any Subcontractor to commence work on a subcontract until all similar insurance required of the Subcontractor shall have been so obtained and approved. Service Provider shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Service Provider, its agents, representatives, employees or Subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) Commercial General Liability Insurance: Service Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, and Two Million Dollars ($2,000,000) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.
(b) Workers’ Compensation Insurance: Service Provider shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000) each accident or disease. Service Provider shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (c) Commercial Automobile Liability Insurance: Service Provider shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the equivalent, in the amount of no less than Two Million Dollars ($2,000,000) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Service Provider owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy. (d) Cyber Liability Insurance: [Intentionally Omitted]
(e) Builder’s Risk Insurance: [Intentionally Omitted]

ADDENDUM TO

CITY OF TURLOCK

AGREEMENT FOR SERVICES
Service Provider: HSQ Tech Inc Date: December 9, 2025
City Contract No. 2026-089
Scope of Work: Supervisory Control and Data Acquisition System Maintenance Agreement No. 2508 – 0002 - MA
08/2025

(f) Contractors Pollution Insurance: [Intentionally Omitted] (g) Professional Liability Insurance: [Intentionally Omitted] (h) Umbrella or Excess Policy: Service Provider 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 coverage or policies maintained by the City (“Additional Insureds”), 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. (i) Deductibles and Self-Insured Retentions: Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) Service Provider shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses. (j) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Service Provider, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). (2) For any claims related to this project, Service Provider’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or selfinsurance maintained by City shall be excess of Service Provider’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under this Agreement, the insurer,

ADDENDUM TO

CITY OF TURLOCK

AGREEMENT FOR SERVICES
Service Provider: HSQ Tech Inc Date: December 9, 2025
City Contract No. 2026-089
Scope of Work: Supervisory Control and Data Acquisition System Maintenance Agreement No. 2508 – 0002 - MA
08/2025

broker/producer, or Service Provider shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (k) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the City has provided prior approval.
(l) Additional Insurance Requirements: Within five (5) days of the Effective Date, Service Provider 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 Service Provider 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. If a carrier will not provide the required notice of cancellation, the Service Provider shall provide written notice to the City no later than ten (10) business days before cancellation; (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) name City of Turlock as a certificate holder; (d) 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; (e) allow and be endorsed primary with respect to any insurance or self-insurance programs 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; (f) contain standard separation of insured provisions; and (g) 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.
(m) Waiver of Subrogation: With the exception of professional liability, Service Provider hereby agrees to waive subrogation which any insurer of Service Provider may acquire from Service Provider by virtue of the payment of any loss. The commercial general liability policy, automobile liability policy, and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Service Provider, its agents,

ADDENDUM TO

CITY OF TURLOCK

AGREEMENT FOR SERVICES
Service Provider: HSQ Tech Inc Date: December 9, 2025
City Contract No. 2026-089
Scope of Work: Supervisory Control and Data Acquisition System Maintenance Agreement No. 2508 – 0002 - MA
08/2025

employees, independent contractors and subcontractors. Service Provider shall provide written proof of waiver of subrogation in the Certificate of Insurance. Additionally, Service Provider agrees to obtain any available endorsements that may be necessary to effectuate this waiver of subrogation.
(n) Subcontractors: Service Provider shall ensure all Subcontractors furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. (o) Surety Bonds: [Intentionally Omitted]

2. INDEMNIFICATION:

Indemnity for Professional Liability: When the law establishes a professional standard of care for Service Provider’s Services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Service Provider (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the Service Provider (and its Subcontractors) and the City in the performance of professional services under this Agreement.

Service Provider shall not be obligated to defend or indemnify City for the City’s own negligence or for the negligence of others.

Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or agency for which Service Provider is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Service Provider.

3. BUSINESS LICENSE: Service Provider shall obtain a business license from City before they commence performance of the Services.

ADDENDUM TO

CITY OF TURLOCK

AGREEMENT FOR SERVICES
Service Provider: HSQ Tech Inc Date: December 9, 2025
City Contract No. 2026-089
Scope of Work: Supervisory Control and Data Acquisition System Maintenance Agreement No. 2508 – 0002 - MA
08/2025

4. TERM: The term of this Agreement shall be two (2) year(s), effective on December 9, 2025 and terminate on December 9, 2027 (“Term”), subject to City’s availability of funds.

5. EXTENSION OF AGREEMENT: City may elect to extend this Agreement for three (3) additional one (1) year term(s), on the same terms and conditions, upon issuing an “Election to Extend Agreement” letter executed by the City Manager to Service Provider thirty (30) days prior to the expiration of this Agreement.

6. COMPENSATION:

6.1. Amount, Time and Manner of Payment for Service Provider Services.

City’s total compensation to Service Provider shall not exceed Four Hundred Fifty Thousand and No/100ths Dollars ($450,000.00). (“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 annual invoices as specified in the Agreement. 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 commencement of the applicable service year. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.

7. VOLUNTARY TERMINATION: Either party may terminate this Agreement without cause or legal excuse by providing thirty (30) days’ written notice to the other party.

8. CONFLICT: Should any conflict exist between the terms and conditions of the Agreement and this Addendum, the terms and conditions of this Addendum shall prevail.

ADDENDUM TO

CITY OF TURLOCK

AGREEMENT FOR SERVICES
Service Provider: HSQ Tech Inc Date: December 9, 2025
City Contract No. 2026-089
Scope of Work: Supervisory Control and Data Acquisition System Maintenance Agreement No. 2508 – 0002 - MA
08/2025

9. CONFIDENTIALITY AND CALIFORNIA PUBLIC RECORDS ACT
COMPLIANCE: Service Provider understands and agrees that City must comply with the California Public Records Act, California Government Code section 7920 et seq.

10. EXECUTION AND COUNTERPARTS. This Addendum 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 Addendum 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 signatures appearing on this Addendum or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

11. GOVERNING LAW: This Addendum shall be interpreted, construed, and governed according to the laws of the State of California, and venue for all actions arising from or related to this Agreement shall be in the County of Stanislaus, State of California.

12. CONTRACT ADMINISTRATOR: The City’s contract administrator and contact person for this Agreement is:

David Huff
City of Turlock
Municipal Services Department
156 S. Broadway, Suite 270
Turlock, California 95380
Telephone Number: (209) 668- 5590
E-mail Address: [email protected]
[Signatures on Following Page]

ADDENDUM TO

CITY OF TURLOCK

AGREEMENT FOR SERVICES
Service Provider: HSQ Tech Inc Date: December 9, 2025
City Contract No. 2026-089
Scope of Work: Supervisory Control and Data Acquisition System Maintenance Agreement No. 2508 – 0002 - MA
08/2025

Vice President
Chief Operations Officer (COO)
Gus Jimenez
11/11/2025
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by and through their respective officer’s thereunto duly authorized.

CITY OF TURLOCK, a California municipal HSQ TECH INC, a California corporation corporation
By: _______________________________ By: ______________________________ Susan E. Borrego, Interim City Manager
Title: _____________________________
Date: _____________________________
Print name: ________________________
By: _______________________________ Date: _____________________________ Christopher Fisher,
Municipal Services Director
APPROVED AS TO FORM:

By: _______________________________
George A. Petrulakis, City Attorney
ATTEST:

By: _______________________________
Nichole Fiez, City Clerk

City Council Staff Report
December 9, 2025
From: Jessie Dhami, Human Relations Director
Prepared by: Jessie Dhami, Human Relations Director
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving the Side Letter Agreement to the Schedule of Benefit Plans and Policies between the City of Turlock and the Confidential Employees Regarding Doctorate Degree Pay

2. NARRATIVE:

The current Schedule of Benefits Plan and Policies between the City and Confidential Employees provides for an incentive pay per month to the base salary of employees who possess a degree from an accredited college or university. The incentive pay amount is dependent on the degree type; Associate's $50 per month, Bachelor's $100 per month, and Master's degree $150 per month.

The City desires to extend an additional $150 per month to the base salary to Confidential employees who possess a Doctorate Degree (i.e., Ph.D, J.D., etc.) from an accredited college, university or law school.

In order for a Confidential employee to receive the new Doctorate degree pay, employees must provide the Human Relations Department with a college, university, or law school transcript establishing possession of a Doctorate Degree. The Doctorate degree pay becomes effective the pay period following verification that the Confidential employee possesses a Doctorate Degree and will be paid at the time and in the manner as all other special pay.

The City and Confidential Group have entered into the attached Side Letter Agreement related to Doctorate degree pay. The City desires to provide incentives related to recruitment, retention and education by providing Doctorate degree pay. Staff recommends that the City Council adopt a resolution formally approving the terms of the Side Letter Agreement.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The impact for Fiscal Year 2025/2026 is $900 to 110-10-104.41001 "Full Time Salaries". An administrative transfer will be completed to compensate for this budget 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.

Agenda Staff Report
12/9/2025

5. ATTACHMENTS:

1. Draft Resolution

2. Side Letter Agreement

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING THE SIDE } RESOLUTION NO. 2025-XXX LETTER AGREEMENT TO THE SCHEDULE OF }
BENEFIT PLANS AND POLICIES BETWEEN THE }
CITY OF TURLOCK AND THE CONFIDENTIAL }
EMPLOYEES REGARDING DOCTORATE }
DEGREE PAY }
WHEREAS, the Schedule of Benefits (“SOB”) between the City and Confidential employees currently provides an incentive pay to the base salary of employees who possess an Associate’s, Bachelor’s, or Master’s Degree from an accredited college or university; and
WHEREAS, the City desires to extend an additional $150 per month to the base salary to Confidential employees who possess a Doctorate Degree (i.e., Ph.D., J.D., etc.) from an accredited college, university, or law school; and WHEREAS, the City desires to provide an incentive related to recruitment, retention, and education by providing Doctorate Degree pay; and WHEREAS, the City and Confidential employees have agreed that the Side Letter Agreement is based on specific facts and shall not set any precedent related to future negotiations or other subjects of bargaining; and
WHEREAS, the City and Confidential employees have agreed that Confidential employees who possess a Doctorate Degree from an accredited college, university, or law school will receive an incentive pay of $150 per month to their base salary per month.

To receive Doctorate Degree pay, employees must provide the Human Relations Department with a college, university, or law school transcript establishing possession of a Doctorate Degree. The Doctorate Degree pay becomes effective the pay period following verification that the Confidential employee possesses a Doctorate Degree and will be paid at the time and in the manner as all other special pay.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the Side Letter Agreement to the Schedule of Benefit Plans and Polices between the City of Turlock and the Confidential employees regarding Doctorate Degree pay.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of December, 2025, by the following vote:

AYES: ()
NOES: ()
NOT PARTICIPATING: ()
ABSENT: ()
ATTEST:
__________________________
Nichole Fiez, City Clerk,

Resolution No. 2022-

City of Turlock, County of Stanislaus,
State of California

City Council Staff Report
December 9, 2025
From: Christopher Fisher, Municipal Services Director
Prepared by: Stephen Fremming, P.E., Principal Civil Engineer Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Approving an agreement (City Contract 2026-076), effective January 1, 2026, with Virtual Project Manager, LLC for web-based project management services, for a term of one year with automatic one-year renewals unless terminated, to be expensed from Fund 110 (General Fund)

2. NARRATIVE:

The Engineering Division has used the cloud-based Virtual Project Management (VPM) platform for the management of engineering projects since 2013. VPM modernized its software several years ago, providing a more streamlined and efficient platform for project tracking and document management. The City upgraded to the “new” VPM platform in Fall 2022 following successful testing and evaluation. VPM has proven to be a beneficial and reliable tool that improves communication, workflow management, and project documentation across Engineering Division projects.

Our previous service agreement with VPM needs to be terminated and a new one agreed to because the City has reached the City Engineer’s contracting authority limit under Turlock Municipal Code (TMC) Section 2-7-08(g). Council approval is now required to establish a new agreement for continued use of this essential service.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The proposed agreement will be funded from Account No. 110-40-410.44010_001 (Engineering – Computer Software Maintenance). The annual subscription cost is $1,250 per month, totaling $15,000 for Fiscal Year 2025–26. This amount is included in the adopted Engineering Division budget. If this service continues in future years in accordance with the automatic renewal periods, the associated costs will be incorporated into subsequent budgets to ensure adequate funding is available.

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. City Contract - 2026-076 with VPM

SERVICE AGREEMENT
This Service Agreement (“Agreement”) is entered into as of the Effective Date (defined below) by and between Virtual Project Manager LLC, an Oregon limited liability company (“VPM”), whose address is P.O. Box 8127 Bend, Oregon 97708, and the SHUVRQRUHQWLW\LGHQWLILHGEHORZ &XVWRPHU

VPM agrees to make its web-based project management system known as Virtual Project Manager and related services available to Customer, on and subject to the terms and conditions of this Agreement. This Agreement consists of the Specific Terms listed below and the Standard Terms and Conditions attached hereto for Virtual Project Manager.

SPECIFIC TERMS
Customer:

Effective Date:

Fees (see breakdown): Service Fee:
5,000 SHU \HDU (or $1,250.00 per month) ZLWK SD\PHQWV GXHWKLUW\

GD\VDIWHUUHFHLSWRILQYRLFH
Implementation/Training Fee:

No Implementation/Training Fee for existing customers.

Guarantee/Refunds: If Customer is not satisfied with the VPM Service for any reason, Customer may terminate this Agreement by written notice given to VPM within sixty (60) days after the Effective Date and all previously paid Service Fees will be refunded. If no such termination notice is given, all fees are nonrefundable.

Guarantee of Rate: VPM shall guarantee the above rate for seven (7) years from the effective date above as long as Customer remains a continuous paying customer in good
standing.

Additional Fees: The above fees are for one Customer
location. Customer location is defined as all projects
that are funded in whole or in part by the customer.

Additional locations are subject to additional fees.

Term of Agreement: 2ne year after the Effective Date, subject to renewal or termination as provided in this Agreement.

VPM Service: VPM’s Web-based project management system known as Virtual Project Manager, which consists of the modules/features from time to time listed on the VPM website. The VPM Service will also include new modules/features added to the VPM Service by VPM from time to time, provided such new modules/ features are generally made available at no additional charge to customers of the VPM Service.

The parties' duly authorized representatives have executed this Agreement (including the Standard Terms and Conditions on the following pages) effective as of the date set forth above.

VPM:

VIRTUAL PROJECT MANAGER, LLC
By:

Lex Zuber, 3UHVLdHnW&(2
CUSTOMER:

By:

Name:

Title:
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VIRTUAL PROJECT MANAGER

STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions, together with the above Specific Terms for the VPM Service, govern Customer’s use of the VPM web-based project management system and associated services (the “VPM System”).
 Use of VPM System. Subject to the terms of this Agreement VPM hereby grants Customer and its authorized employees and consultants, as well as Customer’s contractors and their respective employees to the extent authorized by Customer (each, an “Authorized User”), the right to access and use the VPM System via the Internet for Customer’s customary and ordinary project management purposes (the “Permitted Use”), to enter into the VPM System data and information regarding Customer projects (“Customer Data”), to have the Customer Data stored on servers owned or leased by VPM, and to use the Customer Data available through the VPM System for the Permitted Use.

Customer shall be solely responsible for determining the Authorized Users who have access to the VPM System, and VPM shall have no liability to Customer, any Authorized User, or any third party arising out of any use of the VPM System by any Authorized User.  Restrictions. Customer understands and agrees that it is not being granted the right to use the VPM System or any software associated with it except by accessing the VPM System website through VPMprovided Web interfaces as described above. Customer shall not: (a) copy, reproduce or duplicate the VPM System or website or any software related thereto for any purposes; (b) modify, disassemble, reverse engineer, decompile or prepare derivative works of the VPM System or website or any software related thereto, or in any way use the VPM System to assist in developing any competing product or service; (c) rent, sublicense, assign, transfer, or grant any third party any rights in the VPM System or website or any software related thereto; or (d) use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol or name, “Virtual Project Manager.” The VPM Service is intended for access and use by means of Web browsing software, and VPM does not commit to support Web browsing platforms or guarantee that the VPM System will be compatible with all browsing platforms.
 Passwords and Login. All access to the VPM System shall be by password, and each Authorized User shall have his or her own uniquely identifiable login and password. Authorized Users shall not share their logins or passwords with other persons or provide online accessto VPM for any other person without VPM’s prior written consent. Customer agrees to notify VPM promptly if it has any reason to believe that any third party has unauthorized access to such information. Customer shall be solely responsible for any and all use of the VPM System occurring under its Authorized Users’ logins and passwords and for each Authorized User’s compliance with the terms of this Agreement and the TOS.

VPM reserves the right to suspend or terminate an Authorized User’s access to the VPM System if such Authorized User violates any of the terms of this Agreement or the TOS.  Terms of Service. The VPM System is provided subject to the terms and conditions of this Agreement.
 Customer Data; No Loading of Personal Information. All Customer Data shall be owned by Customer. Customer and its Authorized Users are solely responsible for any Customer Data posted or uploaded into the VPM Service or transmitted via the VPM System. VPM does not control and does not make any representations or warranties whatsoever regarding the Customer Data. Customer agrees that it shall be responsible for and bear all risks associated with the accuracy, integrity, completeness, or quality of Customer Data. Neither Customer noU any Authorized User shall load into the VPM6\steP an\ ³Sersonall\ identifiaEle inforPation´ or ³sensitive Sersonal inforPation´ as sXch terPs are defined in aSSlicaEle state or )ederal Srivac\ laws or an\ ³Sersonal inforPation´ as defined in the (8 *eneral 'ata 3rotection 5eJXlation
to the e[tent it is aSSlicaEle
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reserves the riJht to delete froP the 930 6\steP an\ &XstoPer 'ata that violates the terPs of this $JreePent

 Representations and Warranties; Indemnification. Each party represents and warrants that (a) the making, execution and performance of this Agreement on behalf of such party has been duly authorized by all necessary company or governmental action, and no consent from any third party is required for such party to enter into this Agreement or perform its obligations hereunder, and (b) the individual executing this Agreement on behalf of such party has been duly authorized to do so. VPM represents and warrants to Customer that it has the right to grant Customer access to the VPM System as contemplated in this Agreement, and the VPM System does not infringe the Intellectual Property Rights (as defined below) of any third party. Customer represents and warrants to VPM that it has all required legal and other rights to load Customer Data into the VPM System and otherwise use such date in connection with the VPM System, that such actions will not violate any applicable laws or infringe the Intellectual Property Rights or privacy or other rights of any third party. 6XEMect to and within the defenses iPPXnities and liPitations availaEle to the &XstoPer Xnder the 0aine Tort &laiPs $ct  056$ 6ec  et seT or other aSSlicaEle law each party (“Indemnifying Party”) agrees to indemnify, defend and hold harmless the other party and its owners, members, managers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of third party claims alleging or based on the breach of any representation or warranty made in this 3araJraSh  by the Indemnifying Party hereunder.
 Modifications of VPM System. VPM reserves the right at any time to revise and modify the VPM System and alter its features, specifications, capabilities and/or functions, without the consent of or notice to Customer or any Authorized User.
8 System Maintenance; Downtime. Customer acknowledges and agrees that (i) it may be necessary to take down the VPM System and Website from time to time or on a periodic basis for maintenance or to resolve technical problems, upgrade software, or otherwise help ensure the reliable and efficient operation of the VPM System, and (ii) due to the foregoing or due to power interruptions, communication systems failures or other conditions outside VPM’s control, the VPM System may occasionally be unavailable. Customer waives any and all claims against VPM arising from any such availability. VPM will use reasonable efforts to minimize the time during which the VPM System is down for such reasons.

 Payment of Fees; Taxes. In consideration of the rights granted by VPM under this Agreement, Customer agrees to pay VPM the fees set forth in the Specific Terms or otherwise agreed to by the parties. All fees are due within  da\s of receipt of an invoice. All fees are deemed fully earned when due or upon invoicing and will not be prorated or refunded if this Agreement is terminated or expires except as expressly set forth in the Specific Terms. Overdue amounts shall, at VPM’s option, accrue interest at the rate of 1.5% per month. Fees payable under this Agreement are net amounts and do not include sales, use, value-added, or any other taxes except for income taxes levied on VPM with respect to such fees. All such taxes will be the responsibility of and paid or reimbursed by Customer.  Limitation on Warranties. THE VPM SYSTEM AND WEBSITE, AND THE SERVICES AND CUSTOMER DATA AVAILABLE THERE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VPM DOES NOT WARRANT THAT THE VPM SYSTEM OR ANY VPM DATA OR CUSTOMER’S ACCESS THERETO WILL BE ERROR-FREE

OR UNINTERRUPTED, OR THAT CUSTOMER DATA WILL BE ACCURATE, COMPLETE,

ERROR-FREE OR UNCORRUPTED, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.

 Limitation of Liability. IN NO EVENT SHALL VPM, ITS MEMBERS, MANAGERS,

EMPLOYEES, CONTRACTORS OR OTHER REPRESENTATIVES BE LIABLE UNDER ANY

THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY,

TORT (INCLUDING NEGLIGENCE) OR PRODUCT LIABILITY, FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT

LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER

PECUNIARY LOSS), ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE

THE VPM SYSTEM OR ANY VPM DATA OR FROM ERRORS, OMISSIONS OR OTHER

INACURRACIES IN ANY VPM DATA ACCESSED THROUGH THE VPM SYSTEM, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT PREJUDICE TO THE FOREGOING LIMITATIONS, THE AGGREGATE LIABILITY

OF VPM TO CUSTOMER UNDER THIS AGREEMENT UNDER ANY AND ALL THEORIES,

INCLUDING BUT NOT LIMITED TO CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE), OR PRODUCT LIABILITY, SHALL NOT EXCEED THE AMOUNT PAID BY

CUSTOMER TO VPM UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD.
 Intellectual Property Ownership. VPM and its licensors, where applicable, own all right, title and interest, including all Intellectual Property Rights, in and to the VPM System, all content provided on the VPM System website and all underlying software used in connection with the VPM System.

This Agreement is not a sale and does not convey you any rights of ownership in any of the foregoing.

The "VPM" and "Virtual Project Manager" name, logo and taglines, including but not limited to “Built by Cities for Cities” and "Built for Municipalities by Municipalities" are trademarks of VPM and no right or license is granted to use them. If Customer or any Authorized User gives VPM verbal or written feedback regarding the VPM System, Customer agrees that VPM will have a perpetual, unrestricted, assignable and royalty-free license and right to use and incorporate some or all of such feedback into the VPM System or other product or service offered by VPM. As used herein, "Intellectual Property Rights" means all present and future worldwide copyrights, trademarks, trade secrets, patents, patent applications, moral rights, contract rights, and other proprietary rights.  Term and Termination. The initial term of this Agreement is set forth on the Specific Terms.

Unless otherwise provided in the Specific Terms, the term shall automatically renew for successive periods equal to the initial term; provided, however, either party may terminate this Agreement at any time for any reason by giving the other party at least sixty (60) days prior written notice. This Agreement may also be terminated by either party if the other party breaches any provision of this Agreement and does not cure the breach, if curable, within twenty (20) days after written notice thereof specifying the default.
 Effect of Termination. Upon termination or expiration of this Agreement for any reason, all rights granted by VPM under this Agreement, including the right to access the VPM System, will immediately cease. Upon termination or expiration of this Agreement, all unpaid fees invoiced and owed by Customer shall be due and payable immediately, and no prepaid fees shall be refunded except as expressly provided in the Specific Terms. In addition, following termination or expiration of this Agreement, VPM shall Paintain all Customer Data for at least ninet\ ( 0) days to allow &XstoPer to
retrieve all data Srior to deletinJ some or all Customer Data from its systems.  Use of Customer Name. VPM shall have the right to identify Customer as a customer of the VPM System, and use Customer's name and logo, on VPM's website and in other marketing materials pertaining to the VPM System.
 Communications with Users; Marketing. Subject to VPM’s privacy policy in effect from time to time and applicable law, unless Customer has opted out of receiving such communications, Customer