Turlock City Council
February 10, 2026

CITY CONTRACT NO. 2026-108 11
{PLA2024}
10/2025
waiver of subrogation in favor of City for all work performed by Service Provider, its agents, 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.

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 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 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.

CITY CONTRACT NO. 2026-108 12
{PLA2024}
10/2025

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 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

CITY CONTRACT NO. 2026-108 13
{PLA2024}
10/2025
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, Suite 230
Turlock, California 95380-5456
If to Service Provider: Turlock Umpire Group
Attn: Brian Watkins
849 Magnetite Way
Waterford, CA 95386

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

Juan Vargas
City of Turlock
144 S. Broadway
Turlock, California 95380
Telephone: (209) 668-6013
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

CITY CONTRACT NO. 2026-108 14
{PLA2024}
10/2025
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 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.

CITY CONTRACT NO. 2026-108 15
{PLA2024}
10/2025

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.

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]

CITY CONTRACT NO. 2026-108 16
{PLA2024}
10/2025
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

SERVICE PROVIDER
Turlock Umpire Group,
an Adult Softball Official provider
By:

Print Name:

Title:

Date

CITY CONTRACT NO. 2026-108 17
{PLA2024}
10/2025

EXHIBIT A SCOPE OF SERVICES

PERFORMANCE OF DUTIES
SERVICE PROVIDER agrees to provide various officials for adult softball program, to the sole reasonable satisfaction of the City of Turlock Municipal Services Director or his/her designee.

SERVICE PROVIDER shall (1) furnish services to CITY at such times and locations as are mutually agreeable to the parties, (2) perform such duties in a skillful and competent manner, (3) shall abide by all laws in doing so, (4) perform such other duties as are customarily performed by one holding such position in other similar businesses or enterprises as those engaged in by CITY and (5) maintain field area in a clean, safe and orderly manner.

COMPENSATION
SERVICE PROVIDER will be paid in arrears, after satisfactory service, as determined and approved by the CITY, has been provided. Payment shall be made by CITY no more than thirty (30) days after invoiced by SERVICE PROVIDER . The City of Turlock will pay SERVICE PROVIDER from monthly invoices provided for the duration of this agreement. SERVICE PROVIDER will be paid according to the following rate schedule:

Year 1 Year 2 Year 3 Year 4 Year 5
Stand - by
Official
$18 per day $19 per day $20 per day $21 per day $22 per day Single
Official - 65
minute game
$36 per
game
$37 per
game
$38 per
game
$39 per
game
$40 per
game
Two Officials
- 75 minute
game
$60 per
game
$62 per
game
$64 per
game
$66 per
game
$68 per
game
Rate schedule will increase on the anniversary of the Effective Date of the agreement per the table above.

SUBCONTRACTORS
In the event an SERVICE PROVIDER will not be able to officiate due to illness or some other reason beyond the control of the SERVICE PROVIDER , SERVICE PROVIDER will implement the following procedure:

SERVICE PROVIDER will secure a substitute contractor equally or better qualified to officiate program at the scheduled time and place.

SUPERVISION
SERVICE PROVIDER agrees to establish appropriate rules for conducting the sporting event and to assume responsibility for officials discipline to ensure adequate protection for players and facility.

FACILITY
SERVICE PROVIDER agrees to assume full responsibility for setting up any facility for instruction and for cleaning and restoring the facility to its usual condition following each training session.

CITY CONTRACT NO. 2026-108 18
{PLA2024}
10/2025
This includes properly securing all doors and windows upon exiting the facility. City representatives shall at all times have access to facility, whenever training is in progress to monitor programs for quality.

CONDUCT
SERVICE PROVIDER understands the City of Turlock is a public entity under the California Government Code and the Constitution of the State of California, and CITY’s purpose in engaging SERVICE PROVIDER is to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun and fair play. SERVICE PROVIDER agrees to conduct himself/herself in a manner that will further these goals. SERVICE PROVIDER further acknowledges failure to do so will result in immediate termination of this agreement.

COORDINATION OF WORK
SERVICE PROVIDER agrees to coordinate with CITY’s specified time(s) and date(s) in order to avoid conflict of use. It is agreed the resolution of any conflict is at the sole discretion of the City’s Public Works Director or his/her designee. SERVICE PROVIDER agrees to work with assigned City staff to maintain accurate enrollment records.

City Council Staff Report
February 10, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: James Governale, Management Analyst
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Approving an agreement (City Contract 2026-123) with United Pavement Maintenance, Inc., in a form approved by the City Attorney, for sidewalk trip hazard removal and sidewalk removal and replacement services, for a term of three (3) years and a maximum compensation amount not to exceed $1,000,000
Motion: Approving an agreement (City Contract 2026-124) with Joe's Landscaping & Concrete, Inc., in a form approved by the City Attorney, for sidewalk trip hazard removal and sidewalk removal and replacement services, for a term of three (3) years and a maximum compensation amount not to exceed $1,000,000

2. NARRATIVE:

At the December 9, 2025 and January 13, 2026 City Council meetings, Council adopted a series of resolutions and an ordinance related to sidewalk maintenance, repair, and compliance in the City of Turlock. These actions reaffirmed long-standing State law and Turlock Municipal Code requirements that adjacent property owners are responsible for maintaining sidewalks in a safe and non-hazardous condition, while also establishing tools to promote compliance, mitigate liability, and provide targeted financial assistance where appropriate.

Specifically, Council:
• Adopted a Sidewalk Repair Assistance Program to help offset repair costs for qualifying property owners (Resolution 2025-210);
• Approved funding mechanisms to support sidewalk repairs and encroachment permit fee offsets (Resolution 2025-211); and
• Adopted amendments to Turlock Municipal Code Title 7 strengthening enforcement procedures, notice requirements, and cost recovery mechanisms related to defective sidewalks (Ordinance 1338-CS).

Collectively, these actions were intended to create a lawful, fair, and sustainable approach to sidewalk maintenance that balances public safety, accessibility, fiscal responsibility, and property owner obligations.

Current Issue
Implementation of the Sidewalk Repair Assistance Program and the final enforcement steps authorized under the amended Municipal Code involve having qualified contractors available to perform sidewalk repairs when requested. These repairs generally fall into two distinct categories:

Agenda Staff Report
2/10/2026

1. Trip Hazard Removal (Grinding/Cutting):

Minor repairs addressing vertical differentials and surface irregularities that can be corrected through specialized cutting or grinding techniques without full panel replacement.

2. Removal and Replacement:

Major repairs involving the removal and replacement of sidewalk panels, curb, gutter, driveway approaches, or related concrete infrastructure where grinding is not appropriate or sufficient.

To support these needs, the City issued a Request for Proposals (RFP No. 25-014) for sidewalk trip hazard removal services and solicited qualified contractors capable of performing work in accordance with City standards, ADA requirements, and prevailing wage laws.

The following vendors submitted proposals in response to RFP 25-014:
• United Pavement Maintenance, Inc.
• BSR LLC
• Dynamic Pavement, Inc.
• Joe's Landscaping & Concrete, Inc.
• Precisionworks, LLC dba Precision Concrete Cutting
Following evaluation of proposals based on qualifications, experience, pricing, and responsiveness, and the disqualification of one contractor who did not obtain the license identified in the RFP, staff determined that awarding on-call contracts to two separate contractors, specifically United Pavement Maintenance, Inc. and Joe's Landscaping & Concrete, Inc., is in the City’s best interest. This approach provides flexibility, capacity, and allows the City to respond efficiently to assistance program requests and enforcementrelated repairs.

The recommended contracts will be used on an as-needed basis and do not obligate the City to assign a minimum level of work. Individual repair locations and scopes will be authorized through service requests.

Purpose and Benefit
Awarding these contracts enables the City to:
• Implement the Sidewalk Repair Assistance Program approved by Council; • Carry out final enforcement actions when property owners elect to have repairs performed by the City or fail to complete required repairs; • Ensure repairs are completed consistently, safely, and in compliance with City standards; and
• Reduce risk and liability associated with hazardous sidewalk conditions

Agenda Staff Report
2/10/2026

3. FISCAL IMPACT / BUDGET AMENDMENT:

Funding for repairs conducted under the Sidewalk Repair Assistance Program is anticipated to be supported by Fund 218 (Measure L), account number 218-40-463.47320_001 (Repair Program Sidewalk). Costs associated with enforcement-related repairs may be recovered from responsible property owners in accordance with the Turlock Municipal Code.

Funding for repairs conducted at City facilities or City-maintained locations will be provided by those respective funds, in accordance with the annual budget process.

Sufficient appropriations for program implementation were addressed through prior Council actions. No additional budget amendment is required at this time.

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 2026-123 with United Pavement Maintenance, Inc.

2. City Contract 2026-124 with Joe's Landscaping & Concrete, Inc.

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025

ON-CALL SERVICE PROVIDER (PREVAILING WAGE) AGREEMENT

BETWEEN THE CITY OF TURLOCK
and
JOE’S LANDSCAPING & CONCRETE, INC.
for

SIDEWALK TRIP HAZARD REMOVAL SERVICES
City Contract No. 2026-124
THIS SERVICE PROVIDER AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and JOE’S LANDSCAPING & CONCRETE, INC., a California corporation (“Service Provider”), on this 10th day of February 2026 (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 sidewalk trip hazard removal 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 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.

D. The Parties anticipate that Service Provider shall provide Services for one or more projects as determined through creation of individual Service Request(s). The Service Request(s) shall identify the Assessor’s Parcel Number, repair drawings, and schedule information (“Completion Schedule”) for providing the Services. The Service Request(s) shall be made

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
effective upon signature and execution by either the City Engineer or the Municipal Services Director and the Service Provider. A blank template of the Service Request is provided in Exhibit B.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Recitals. The recitals set forth above (“Recitals”) and the exhibits (“Exhibits”) attached hereto 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 53 of this Agreement, Sections 1 through 53 shall prevail.

2. Term and Extensions. The term of this Agreement shall be three (3) year(s) and will commence on the Effective Date and terminate on the 10th day of February, 2029 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.

3. Contract Documents. This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
i. Request for Proposals No. 25-014;
ii. Service Provider’s Bid or Proposal accepted by City; iii. All bonds and insurance required in any of the Contract Documents; iv. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner; and
v. The current edition of the City of Turlock Standard Specifications and Drawings.

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 and the Service Request(s) executed under this Agreement. Any request for Services not included in Exhibit A and the Service Request(s) executed under this Agreement 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 and the Service Request(s) executed under

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
this Agreement. If such Modifications cause an increase in the cost or time required for performance of Service Provider’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Service Provider and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Service Provider mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.

5.3. Service Provider Requested Modification in Services. Service Provider shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Service Provider provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall: (1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Service Provider’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Service Provider’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Service Provider’s proposed revisions, if any, to the Compensation Schedule; and (b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule.
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.

6. Compensation.

6.1. Amount, Time and Manner of Payment for 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 Million and No/100ths Dollars ($1,000,000) (“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

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
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 upon issuance of the Notice to Proceed from the City for each Service Request. 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]

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

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
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.

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.

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025

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 Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Service Provider must be in accordance with these laws, ordinances, codes and regulations. Service Provider’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Service Provider shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Service Provider shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Service Provider's subcontractor, if any; (c) name and address of Service Provider's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Service Provider shall immediately notify City. Service Provider shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

13.1 Compliance with Federal Requirements. Service Provider agrees to comply with all applicable federal statutes, regulations, and requirements, including but not limited to:

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
• 2 CFR Part 200 (Uniform Guidance) procurement and cost principles; • Equal Employment Opportunity (41 CFR Part 60);
• Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352);
• Debarment and Suspension (2 CFR Part 180).

Service Provider certifies it is not debarred, suspended, or otherwise excluded from participation in federal programs.

14. Communications with Interested Parties. The City retains exclusive authority to direct, approve, and control the scope, sequencing, and performance of the Services. Service Provider and its subcontractors shall not accept instructions, approvals, or authorizations from any property owner, resident, occupant, or other party (each, an “Interested Party”) regarding the Services.

Service Provider may communicate directly with Interested Parties as reasonably necessary to perform the Services, including for scheduling, access coordination, safety notifications, and identification of existing site conditions; however, Service Provider shall not agree to any modification of the Services, make any representation regarding City policy, obligations, or decisions, or make any promise or commitment regarding repairs, restoration, compensation, or changes to the Services. All requests, complaints, or directives from Interested Parties concerning the Services shall be referred to the City’s Contract Administrator, and Service Provider shall take no action in response unless and until directed by the City.

15. 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.

16. 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. 2026-124
{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.

17. 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.

18. 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.

19. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, 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. 2026-124
{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.

20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to 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.

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025

21. 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.

22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date 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.

23. 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.

24. 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,

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
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.

25. 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:

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025

25.1 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 Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations for bodily injury, personal injury, and property damage. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled.

25.2 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.

25.3 Professional Liability. [Intentionally Omitted]

25.4 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 Two Million Dollars ($2,000,000.00) 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.

25.5 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.

25.6 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.

26. 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

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
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.

27. Indemnifications.

27.1 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.

27.2 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

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
Service Provider is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Service Provider.

28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

29. Independent Contractor. At all times during the Term, 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.

30. 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.

31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Service Provider.

32. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice 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

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
If to Service Provider: Joe’s Landscaping & Concrete, Inc.

Attn: Jaime Garcia
802 Inyo Ave
Newman CA 95360

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

Bill Morris, RCE, PLS
City Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-5520
E-mail: [email protected]

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

35. Use of City Project Number. Service Provider or its subcontractors agree to use the aforementioned City project number or encroachment permit number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants.

Nothing in this Section shall preclude Service Provider or its subcontractors from using their own project numbers for their own internal use.

36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

37. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

39. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025

40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

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

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

43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered 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.

44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Service Provider’s charges to City under this Agreement.

46. Entire Agreement. This Agreement, together with its specific references, attachments, Contract Documents, 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.

47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

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

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025

49. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

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

51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]

CITY CONTRACT NO. 2026-124
{PLA2024}
10/2025
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
JOE’S LANDSCAPING & CONCRETE, INC., a
California corporation
By:

Print Name:

Title:

Date
CEO
Jose Garcia

2.4.2026

City Council Staff Report
February 10, 2026
From: George Petrulakis, City Attorney
Jason Hedden, Police Chief
Prepared by: George Petrulakis, City Attorney, Jason Hedden, Police Chief Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Hearing to consider the adoption of an Urgency Ordinance, extending the temporary moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retailer businesses, also known as smoke shops, within the City of Turlock for a period of ten (10) months and fifteen (15) days, to become effective immediately.

2. NARRATIVE:

On January 13, 2026, the City Council adopted Ordinance No. 1340-CS, establishing a fortyfive (45)-day moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retailer businesses, also known as “Smoke Shops”, within the City of Turlock. The Moratorium became effective immediately and will expire on February 27, 2026, unless extended.

Pursuant to Government Code section 65858, after notice and a public hearing, the City Council may extend a temporary moratorium prohibiting any uses that may be in conflict with a contemplated proposal that the legislative body or the planning department is considering, studying, or intending to study within a reasonable time. The extension, like the original adoption of a temporary moratorium, requires at least a four-fifths (4/5ths) vote of the City Council. Government Code section 65858 allows for the moratorium to be extended twice; once for ten (10) months and fifteen (15) days and a second time for an additional year, for a maximum of two (2) years, so long as a current and immediate threat to the public safety, health, and welfare exists. Staff continues the process of addressing concerns over the establishment of new and relocation or physical expansion of existing tobacco retailer businesses within the City. Staff is studying the potential impacts on the community and what regulations and/or Municipal Code changes may be needed in order to ensure the protection of public health, safety, and welfare.

As noted in the January 13, 2026, Staff Report on the adoption of the original moratorium, a number of tobacco retailer businesses, as presently regulated, pose a risk to public health, safety, and welfare. These businesses could result in harmful effects on the community, minors in particular.

Under the California Constitution Article XI, Section 7, and pursuant to its police powers, the City of Turlock is authorized to implement regulations for a public purpose and for the general welfare. The City aims to protect the public health, safety, and welfare of its residents through zoning, licensing, and safety regulations of specific commercial activities.

California Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for “the immediate preservation of the public peace, health, or safety.”

Agenda Staff Report
2/10/2026
Government Code section 65858 authorizes the City Council to adopt an interim ordinance “to protect the public safety, health, and welfare… to prohibit any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time.” The proposed extension of the previously adopted moratorium is included as Attachment 1. The original urgency ordinance (Ordinance No. 1340-CS) is included as Attachment 2.

Many state laws have been adopted which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products while on campus, white attending school-sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds as well as smoking within twenty (20) feet of the main entrances and exits of public buildings.

In 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations. Since then, legislation has been passed further strengthening the regulation of flavored tobacco, making any and all flavored tobacco and tobacco products prohibited.

The most recent legislation was passed in October 2025. Flavored tobacco is a special concern as such products are sought out by youth and nicotine is especially harmful to them.

A representative sample of information explaining these threats is provided as Attachment

3. On December 17, 2025, Turlock Police Department, through its Street Crimes Unit (“SCU”), in coordination with the California Department of Tax and Fee Administration (“CDTFA”), conducted a City-led, multi-agency operation addressing Smoke Shops operating within the City. SCU and CDTFA attempted to inspect five (5) Smoke Shops, however, two (2) Smoke Shop establishments were found to be closed during normal business hours, limiting the ability of City and state agencies to assess compliance at those locations. The three Smoke Shops that were inspected were found to have numerous violations of several state laws regarding flavored tobacco and cannabis.

At the first inspected Smoke Shop location, enforcement personnel documented approximately forty-two (42) packages of flavor-enhancer additives, fifteen (15) vaping products, eighteen (18) packages of THC products, and approximately thirty (30) packages of flavored tobacco products.

At the second inspected Smoke Shop location, enforcement personnel documented approximately seventeen (17) packages of flavor-enhancer additives, forty-four (44) THC products including vape pens and cartridges, and approximately fifty-seven (57) packages of flavored tobacco products.

At a third inspected Smoke Shop location, enforcement personnel documented hundreds of packages of flavor-enhancer and flavored tobacco, more than two hundred fifty (250) individual flavored nicotine cartridges, and approximately twenty (20) packages of THC products.

Agenda Staff Report
2/10/2026
In total, the SCU and CDTFA were able to recover thirty (30) evidence boxes of prohibited products in one (1) day. The quantity and variety of the products confiscated during the operation reflected commercial-scale retail distribution rather than isolated or inadvertent noncompliance. Many of these prohibited products are flavored tobacco products aimed at youth. Representative photographs from the City’s Smoke Shop operation are shown in Attachment 4.

The City seeks to modernize and strengthen the City’s current approach to Smoke Shops due to the high volume of illegal sales of flavored tobacco in the City and other illegal activity such as tetrahydrocannabinol (“THC”) sales, making these businesses a source of significant unlawful activity.

The moratorium applies exclusively to retailers within the City that meet the criteria of a “tobacco retailer business” which means a retailer or wholesale business or any person that:
(1) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, hemp products, tobacco products, or tobacco and cannabis paraphernalia; and (2) has twenty-five percent (25%) or more of the square feet in the establishment used for the sale or display of tobacco, tobacco products, or tobacco and cannabis paraphernalia, as defined in the Urgency Ordinance.

During the moratorium, no new license, permit, or other land use approval may be approved or issued by the City. This includes the issuance of a business license, building permit, conditional use permit, zoning certificate, or other land use approval for the establishment, relocation, or physical expansion of a tobacco retailer business.

Given these circumstances, the City Council recognizes the urgent need to address this public health and safety issue. An extension of the moratorium on tobacco retailer businesses aims to tackle the immediate concerns of increased accessibility and the attractiveness of tobacco and hemp products to the City’s youth and increasing amounts of crime and safety issues presented by such businesses. This extension will further provide the City with the necessary time to assess the current situation, consider possible regulations and measures to protect the community and bring forward a proposed path forward to the Council.

California Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for “the immediate preservation of the public peace, health, or safety.” Government Code section 65858 authorizes the City Council to adopt an interim ordinance “to protect the public safety, health, and welfare… to prohibit any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time.” Section 65858 also authorizes the City Council to extend such interim ordinance by ten (10) months and fifteen (15) days.

The attached Urgency Ordinance Extension includes the requisite Government Code findings and, if adopted, would provide an extension to the moratorium for the aforementioned period of ten (10) months and fifteen (15) days to provide staff with further time to research, study, and prepare recommendations for the Council’s consideration. If adopted, no new tobacco retailing business, use, or operation may be established in the City

Agenda Staff Report
2/10/2026
during the extended moratorium. The moratorium would also stop any existing tobacco retailer from physically expanding or relocating their business. Such an ordinance must be approved by a four-fifths (4/5ths) vote of the Council. Thereafter, the ordinance would remain in effect for ten (10) months and fifteen (15) days unless repealed, terminated, or extended by the Council pursuant to Government Code section 65858.

Pursuant to Council direction, staff has worked since adoption of the original moratorium to alleviate the conditions which led to the moratorium on Smoke Shops. Staff is developing recommendations for Title 9 (Zoning Ordinance) and Title 5 (Public Welfare, Morals, and Conduct). Planning Division staff have worked with the City Attorney’s Office to develop a zoning portion to a proposed future Smoke Shop Ordinance. The Planning Commission held a meeting on February 5, 2026, to review the proposed zoning changes. In addition, The City Attorney’s Office is also working closely with Turlock Police Department staff on the permitting procedures. This effort is more complicated than the zoning revisions and thus is still in process to finalize a comprehensive recommended approach. More time is necessary to ensure sufficient protection for the community against the negative impacts identified in Ordinance No. 1340-CS and the proposed extension. This staff report complies with the Government Code section 65858(d) requirement that the City’s legislative body issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium ten (10) days prior to the expiration of the interim ordinance.

3. FISCAL IMPACT / BUDGET AMENDMENT:

This item has no fiscal impact.

4. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of CEQA pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that adoption of the Urgency Ordinance has no possibility of resulting in a significant effect on the environment.

5. ATTACHMENTS:

1. Urgency Ordinance Extension

2. Ordinance No. 1340-CS

3. Information Regarding Threat to Youth

4. Photographs from Turlock Police Department Smoke Shop Operation

Attachment 1
Urgency Ordinance Extension

1 BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

WHEREAS, the City of Turlock (“City”) is a General Law City under the constitution and laws of the State of California; and
WHEREAS, the City Council has broad discretion pursuant to California Constitution Article XI, Section 7; and the general law of the state, including, but not limited to, the California Planning and Zoning Law (Gov. Code section 65000 et seq.), to legislate for public purposes and for the general welfare, including, but not limited to, matters of public health, safety, and welfare; and
WHEREAS, the City protects the public health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing, and health and safety regulations on specified commercial activities; and
WHEREAS, Government Code section 65858, subdivision (a) provides that the legislative body of a city may, to protect the public safety, health, and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal the City Council is considering or studying or intends to study; and WHEREAS, on November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations; and WHEREAS, on October 7, 2023, Governor Newsom signed into law AB 935, strengthening the enforcement of the flavored tobacco retail law and broadening the definition of retail location; and
WHEREAS, in September 2024, Governor Newson signed into law AB 3218 and SB 1230, furthering the regulation of flavored tobacco products; and WHEREAS, on October 3, 2025, Governor Newsom signed into law AB 573, }
}
}
}
}
}
}
}
}
AN URGENCY ORDINANCE OF THE CITY COUNCIL ORDINANCE NO. 13XX-CS

OF THE CITY OF TURLOCK MAKING FINDINGS AND

EXTENDING THE TEMPORARY MORATORIUM ON

THE ESTABLISHMENT OF NEW, AND RELOCATION

OR PHYSICAL EXPANSION OF EXISTING, TOBACCO

RETAILER BUSINESSES, ALSO KNOWN AS SMOKE

SHOPS, WITHIN THE CITY OF TURLOCK FOR A
PERIOD OF TEN (10) MONTHS AND FIFTEEN (15)

DAYS, TO BECOME EFFECTIVE IMMEDIATELY

2 increasing state licensing fees for retailers; and
WHEREAS, the City Council seeks to modernize and strengthen the City’s regulatory approach to Tobacco Retailer Businesses and Smoke Shop uses (together, “Smoke Shops”) in order to address evolving public health concerns, land-use impacts, and enforcement challenges associated with such businesses, and to ensure that local regulations are current, effective, and aligned with state law and community standards; and
WHEREAS, on December 17, 2025, the Turlock Police Department, through its Street Crimes Unit (“SCU”), in coordination with the California Department of Tax and Fee Administration (“CDTFA”), conducted a City-led, multi-agency operation addressing Smoke Shops operating within the City; and
WHEREAS, the SCU is a specialized unit composed entirely of sworn Turlock Police Department officers and conducted the operation as part of the City’s ongoing local enforcement efforts; and
WHEREAS, during that operation, three (3) Smoke Shop locations were inspected and each location was found to be offering for sale substantial quantities of prohibited or unlawfully regulated products, including flavored tobacco products, flavored nicotine products, vaping products, chemical flavor-enhancer additives; and WHEREAS, during that operation, locations were also found to be offering for sale products marketed or labeled as containing tetrahydrocannabinol (“THC”) or THC analogs, including vape pens and cartridges, despite not being licensed cannabis retailers under state law; and
WHEREAS, at one (1) inspected Smoke Shop location, enforcement personnel documented approximately forty-two (42) packages of flavor-enhancer additives, fifteen (15) vaping products, eighteen (18) packages of THC products, and approximately thirty (30) packages of flavored tobacco products; and
WHEREAS, at a second inspected Smoke Shop location, enforcement personnel documented approximately seventeen (17) packages of flavor-enhancer additives, fortyfour (44) THC products including vape pens and cartridges, and approximately fiftyseven (57) packages of flavored tobacco products; and WHEREAS, at a third inspected Smoke Shop location, enforcement personnel documented hundreds of packages of flavor-enhancer and flavored tobacco, more than two hundred fifty (250) individual flavored nicotine cartridges, and approximately twenty (20) packages of THC products; and
WHEREAS, the quantities and variety of products documented during the enforcement operation reflected commercial-scale retail distribution rather than isolated or inadvertent noncompliance, and enforcement personnel collected approximately thirty (30) evidence boxes of prohibited products in a single day; and

3 WHEREAS, during the same enforcement operation, enforcement personnel attempted to inspect additional Smoke Shop locations within the City, but two (2) known Smoke Shop establishments were found to be closed during normal business hours, limiting the ability of City and state agencies to assess compliance at those locations; and WHEREAS, the City Council finds that the sale of flavored tobacco products, flavored nicotine products, and THC-containing or THC-labeled products in Smoke Shops presents heightened risks to public health and safety, particularly with respect to youth access, and creates significant enforcement challenges for City and state agencies; and WHEREAS, the City Council further finds that the documented enforcement conditions identified through City-led operation demonstrate the need for the City to study and adopt appropriate zoning, licensing, and operational standards applicable to Smoke Shops; and
WHEREAS, the City Council further finds that allowing the establishment of additional Smoke Shops or the relocation or physical expansion of existing Smoke Shops during the pendency of that study would likely exacerbate existing enforcement difficulties, increase the availability of prohibited products, strain limited City resources, and undermine the City’s ability to protect the public health, safety, and welfare; and WHEREAS, based on the specific facts described above, the City Council finds that there exists a current and immediate threat to the public health, safety, and welfare that necessitates the adoption of this interim urgency ordinance to temporarily prohibit the establishment, relocation, or expansion of Smoke Shops while the City evaluates and adopts permanent regulatory measures; and
WHEREAS, Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and
WHEREAS, Government Code section 65858 provides that to protect against any current and immediate threats to public health, safety, or welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City plans to study; and
WHEREAS, the City Council adopted the initial moratorium with the adoption of Ordinance No. 1340-CS on January 13, 2026; and
WHEREAS, the initial forty-five (45) day moratorium period established by Ordinance No. 1340-CS is insufficient to complete a study and adoption of new or amended regulations; and
WHEREAS, City staff continues to develop updated regulations impacting tobacco retailers; and

4 WHEREAS, for all the reasons set forth above, the City has determined that extending the moratorium for ten (10) months and fifteen (15) days on the establishment of new and the relocation or physical expansion of existing tobacco retailer businesses within the City is necessary. This moratorium shall continue in effect pending completion of the City’s study of the potential impacts of tobacco retailer businesses, also known as smoke shops, and its potential adoption of amendments to the Turlock Municipal Code and other appropriate regulations for the protection of the public health, safety, and welfare; and WHEREAS, the City has complied with Government Code section 65858(d), which requires the City’s legislative body to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 1340-CS ten (10) days prior to the expiration of the interim ordinance.

SECTION 1. Recitals.

The above recitals are true and correct and are hereby adopted as the City Council’s findings.

SECTION 2. Purpose and Authority.

In the interest of protecting the health, safety, and welfare of the residents in the City of Turlock, it is the purpose and intent of this urgency ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement including, without limitation, zoning approvals, zoning certificates, and business licenses, for any tobacco retailer business, also known as Smoke Shops, in the City of Turlock. This includes any new permit, license, or other entitlement for the relocation or physical expansion of existing business falling under the definition of a tobacco retailer as defined under this ordinance. The City Council has the authority to adopt this ordinance pursuant to California Government Code sections 36937 and 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.

SECTION 3. Additional Findings.

The City Council hereby finds and determines that all of the foregoing recitals and findings are true and correct and are incorporated herein by reference. The City Council further finds that Smoke Shops constitute an immediate threat to the public health, safety, and welfare. Recent Turlock Police Department operations have demonstrated ongoing and commercial-scale availability of prohibited products in Smoke Shops within the City. Many of these prohibited products are flavored tobacco products aimed at youth. Existing City regulatory tools require modernization to adequately address the impacts associated with Smoke Shops. The approval of additional entitlements for Smoke Shops and approval of the relocation or physical expansion of existing Smoke Shops under the City’s current regulations will further

5 threaten the public health, safety, and welfare and would exacerbate these documented existing risks. The adoption of this urgency ordinance is therefore necessary for the immediate protection of public health, safety, and welfare.

SECTION 4. Definitions.

A. “Person” shall mean any individual natural person, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

B. “Tobacco Paraphernalia” means any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco or cannabis, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance. Tobacco paraphernalia includes, but is not limited to, all of the following: (i) metal, ivory, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured bowls; (ii) water pipes; (iii) bongs; (iv) chillums; (v) ice pipes or chillers; (vi) cigarette papers or wrappers; (vii) cigarette rolling machines; (viii) blunt wraps, as defined in Section 308 of the Penal Code; (ix) hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested; and (x) any electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Tobacco Paraphernalia shall include any component, part, or accessory of the foregoing, whether or not sold separately.

C. “Tobacco Product” means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, e-cigarettes (with or without flavoring), cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, or vaping accessories. Tobacco Product shall include any component, part, or accessory of the foregoing, whether or not sold separately. Tobacco Product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketing and solely for such an approved purpose.

D. “Tobacco Retailer Business” or “Smoke Shop” shall mean a retailer or wholesale

6 business or any person that: (1) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, hemp products, Tobacco Products, or Tobacco Paraphernalia; and (2) has twenty-five percent (25%) or more of the square feet in the establishment used for the sale or display of tobacco, hemp products, Tobacco Products, or Tobacco Paraphernalia.

SECTION 5. Moratorium Imposed.

A. Scope. In accordance with the authority granted the City of Turlock under Article XI, Section 7 of the California Constitution and California Government Code section 65858, from and after the effective date of this ordinance, no license, permit, certificate or other entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, zoning certificate or other land use approval, shall be approved or issued by the City for the establishment, relocation or physical expansion of a Tobacco Retailer Business. Additionally, the establishment, relocation, or physical expansion of the Tobacco Retailer Business is hereby expressly prohibited in all areas and zoning districts of the City. This Ordinance extends the original moratorium pursuant to Section 7.

B. Exceptions. This ordinance shall not prohibit the renewal of a business license for an existing Tobacco Retailer Business, provided that the renewal seeks to maintain the business without physical expansion and in its current location, and the Tobacco Retailer Business is operating in a manner, and housed within a building, which complies with all City, State, Federal, or otherwise applicable, codes, rules, regulations, or laws.

SECTION 6. Violation.

Except as otherwise permitted under this ordinance, the establishment, relocation, or physical expansion of a Tobacco Retailer Business within the limits of the City is declared to be a public nuisance. Violations of this ordinance may be enforced by any applicable laws or ordinances, including, but not limited to, injunctions or administrative or criminal penalties under the Turlock Municipal Code.

SECTION 7. Term of Ordinance.

This Ordinance is an extension of the moratorium originally established by Ordinance No. 1340-CS pursuant to Government Code section 65858 on January 13, 2026. It shall be in effect from the date of adoption of this Urgency Ordinance for a period of ten (10) months and fifteen (15) days unless it is extended pursuant to California Government Code section 65858 or other applicable law, as approved by the City Council.

SECTION 8. Environmental Review / California Environmental Quality Act (CEQA).

This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA.

SECTION 9. Severability.

If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions be severed, and the balance of the ordinance be enforced.

SECTION 10. Effective Date and Publication.

This Ordinance, passed by at least a four-fifths (4/5ths) vote of the City Council, is declared to be an interim Urgency Ordinance for preserving the public health, safety, and welfare and shall take effect and be enforced immediately upon adoption pursuant to Government Code section 36937.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 10TH day of February 2026, by the following vote:

AYES: ()
NOES: ()
NOT PARTICIPATING: ()
ABSENT: ()
SIGNED:
__________________________
Amy Bublak, Mayor
ATTEST:
_____________________________
Nichole Fiez, City Clerk,
City of Turlock, County of Stanislaus,
State of California
APPROVED AS TO FORM:
______________________________
George A. Petrulakis, City Attorney

Attachment 2
Ordinance No. 1340-CS

Attachment 3
Information Regarding Threat to Youth

Monitoring a Changing Tobacco Product Market in the United States https://truthinitiative.org/research-resources/emerging-tobacco-product... 3 of 5 Page 253 of 291
Monitoring a Changing Tobacco Product Market in the United States https://truthinitiative.org/research-resources/emerging-tobacco-product... 4 of 5 Page 254 of 291
Monitoring a Changing Tobacco Product Market in the United States https://truthinitiative.org/research-resources/emerging-tobacco-product... 5 of 5 Page 255 of 291
1400 I Street NW · Suite 1200 · Washington, DC 20005
Phone (202) 296-5469 · Fax (202) 296-5427 · www.tobaccofreekids.org In recent years, tobacco companies have significantly stepped up the introduction and marketing of flavored non-cigarette tobacco products, especially e-cigarettes. These products are widely available and popular with kids. Flavored e-cigarettes are undermining the nation’s overall efforts to reduce youth tobacco use and putting a new generation of kids at risk of nicotine addiction and the serious health harms that result from tobacco use.

Electronic Cigarettes Are the Most Popular Tobacco Product Among Youth Given the dramatic growth in the availability and marketing of e-cigarettes, it is no surprise that ecigarettes have been the most commonly used tobacco product among youth since 2014. Youth ecigarette use remains a serious public health concern, with over 1.6 million youth, including 7.8% of US high schoolers, reporting current e-cigarette use in 2024. 1 Each day, more than 3,500 kids (under 18) try
e-cigarettes for the first time.2
Youth are not just experimenting with e-cigarettes, but using them on a frequent basis, an indicator of serious addiction. In 2024, 42.1% of high school e-cigarette users reported vaping on 20 or more days/month, and 29.7% reported daily use. In total, 430,000 middle and high school students are vaping every single day.3 According to the FDA, “Teens who vape may end up addicted to nicotine faster than teens who smoke cigarettes. This is because vapes may expose users to more nicotine and may be used more frequently. Plus, e-cigarettes may come in flavors that appeal to youth. Appealing flavors may cause teens to vape longer and more often, putting them at risk for nicotine addiction.”4 E-Cigarettes are Widely Available in Kid-Friendly Flavors Internal tobacco industry documents show that tobacco companies have a long history of using flavors to reduce the harshness of their products to make them more appealing to new users, almost all of whom are under age 18.5 Not surprisingly, the youth e-cigarette epidemic coincided with an explosion of sweetflavored e-cigarette products.

In February 2020, the FDA restricted some flavors in cartridge-based e-cigarettes, but exempted mentholflavored e-cigarettes and left flavored e-liquids and disposable e-cigarettes widely available in every imaginable flavor. These products continue to drive e-cigarette sales as users have simply shifted to exempted products.:
• From February 2, 2020, to May 18, 2025, disposable e-cigarette sales increased by 202.5% (4.1 million units to 12.3 million units); their unit share increased from 26.0% to 60.9% of total ecigarette sales. As of May 18, 2025, 94.7% of disposable sales were for flavored products. 6 • As of May 18, 2025, menthol-flavored e-cigarette sales accounted for 26.2% of the overall ecigarette market and 60.3% of the prefilled cartridge market. 7 FLAVORED E-CIGARETTES HOOK KIDS

Flavored E-Cigarettes Hook Kids / 2
Flavored E-Cigarettes Are Popular Among Youth
Flavors play a major role in youth use of e-cigarettes because they mask the harsh taste and make it easier for new users to initiate use. In addition, many youth perceive flavored tobacco products to be less harmful.8 The 2016 Surgeon General Report on e-cigarettes concluded that flavors are among the most commonly cited reasons for using e-cigarettes among youth and young adults.9 • The 2024 NYTS found that 87.6% of youth e-cigarette users use flavored products. Among youth e-cigarette users, the most commonly used flavor types were fruit (62.8%), candy/desserts/other sweets (33.3%), mint (25.1%) and menthol (15.1%). In addition to mint and menthol, flavored ecigarettes with other cooling agents—often marketed as “ice” or “iced”—have also become popular with youth. In 2024, 54.6% of youth e-cigarette users reported using a flavor that included the word “ice” or “iced.” 10
• Data from the 2016-2017 wave of the PATH study it found that 70.3% say they use e-cigarettes “because they come in flavors I like.”11
• Disposable e-cigarettes come in a wide array of kid-friendly flavors, like cotton candy, strawberry, and mint, which have become increasingly popular among kids. In 2024, 55.6% of youth ecigarette users reported using disposable e-cigarettes.12 Among current youth users of flavored disposable e-cigarettes in 2023, the most popular flavor types are fruit (70.5%) and candy, desserts, and other sweets (39.8%).13 A recent study found that many unauthorized disposable ecigarettes contain neotame, an artificial sweetener that is thousands of times sweeter than sugar.14
Health Effects of Flavored E-Cigarettes
Flavored e-cigarettes contain nicotine, the highly addictive chemical that makes it so easy to get hooked on tobacco products and so hard to quit. According to the Surgeon General, “The use of products containing nicotine in any form among youth, including in e-cigarettes, is unsafe.”15 Nicotine can have lasting damaging effects on adolescent brain development—the brain keeps developing until about age

25. In particular, nicotine use can harm the parts of the adolescent brain responsible for attention, learning, mood and impulse control.16 Flavored e-cigarettes can set kids up for a lifetime of addiction.

Youth who use e-cigarettes are at greater risk of using more dangerous combustible tobacco products.17 Nicotine addiction can also make tobacco users more susceptible to addiction to other drugs such as cocaine and methamphetamine.18
Flavorings in e-cigarettes can also pose additional health hazards. CDC warns that the e-cigarette aerosol inhaled by users can contain harmful or potentially harmful chemicals, including “[f]lavorings such as diacetyl, a chemical linked to a serious lung disease. Some flavorings used in e-cigarettes may be safe to eat but not to inhale because the lungs process substances differently than the gut.” 19 In its 2024
report, the Surgeon General concluded, “Determinations that flavorants are ‘generally recognized as safe’ for use in foods are not applicable to the inhalation of tobacco products. These ingredients, when inhaled, may be directly toxic to the lungs or could result in higher absorption of toxicants.”20 According to the FDA, “Flavorings that are safe for use in food may become toxic when these chemicals are heated and inhaled. Some have been shown to be harmful to the lungs.”21 Campaign for Tobacco-Free Kids, August 21, 2025 / Laura Bach 1 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 2 Substance Abuse and Mental Health Administration (SAMHSA), HHS, Results from the 2024 National Survey on Drug Use and Health, NSDUH: Detailed Tables, Table 4.10A, https://www.samhsa.gov/data/report/2024-nsduh-detailed-tables. 3 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 4 FDA Center for Tobacco Products, Resources for Professionals About Vaping & E-Cigarettes: A Toolkit for Working with Youth, https://digitalmedia.hhs.gov/tobacco/hosted/Vaping-ECigarettes-Youth-Toolkit.pdf.

Flavored E-Cigarettes Hook Kids / 3
5 HHS, Preventing Tobacco Use Among Youth and Young Adults, A Report of the Surgeon General, 2012, http://www.cdc.gov/Features/YouthTobaccoUse/.
6 CDC Foundation, “Monitoring U.S. E-Cigarette Sales: National Trends,” https://tobaccomonitoring.org/. Data from Circana, which includes ecigarette sales data from convenience stores, gas stations and other retail store chains. Sales from the internet and tobacco-specialty stores, including vape shops, are not included.
7 CDC Foundation, “Monitoring U.S. E-Cigarette Sales: National Trends,” https://tobaccomonitoring.org/. Data from Circana, which includes ecigarette sales data from convenience stores, gas stations and other retail store chains. Sales from the internet and tobacco-specialty stores, including vape shops, are not included.
8 Huang, L.-L., et al., “Impact of Non-menthol Flavours in Tobacco Products on Perceptions and Use Among Youth, Young Adults and Adults:

A Systematic Review,” Tobacco Control, 26(6):709-719, 2017. Kowitt, S.D., et al., “Perceptions and Experiences With Flavored Non-Menthol Tobacco Products: A Systematic Review of Qualitative Studies,” International Journal of Environmental Research and Public Health, 14(4):338, 2017. Pepper, JK, et al., “Adolescents’ interest in trying flavoured e-cigarettes,” Tobacco Control, 25: ii62-ii66, published online September 15, 2016. Dai, H, et al., “Flavored electronic cigarette use and smoking among youth,” Pediatrics, 138(6): November 2016. 9 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016.
10 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 11 FDA, “Modifications to Compliance Policy for Certain Deemed Products: Guidance for Industry, Draft Guidance,” March 13, 2019, https://www.fda.gov/media/121384/download. While the methodology is not comparable to the PATH study, the 2019 NYTS found that 68.8% of middle and high school e-cigarette users had used a flavored tobacco product in the past month. Wang, TW, et al., “Tobacco Product Use and Associated Factors Among Middle and High School Students—United States, 2019,” MMWR, 68(12): December 6, 2019, https://www.cdc.gov/mmwr/volumes/68/ss/pdfs/ss6812a1-H.pdf. 12 Park-Lee, E., et al., “E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024,” MMWR 73(35):774-778, September 5, 2024, https://www.cdc.gov/mmwr/volumes/73/wr/pdfs/mm7335a3-H.pdf. 13 Birdsey J., et al. “Tobacco Product Use Among U.S. Middle and High School Students — National Youth Tobacco Survey, 2023,” MMWR, 72(44): 1173–1182, November 3, 2023, https://www.cdc.gov/mmwr/volumes/72/wr/mm7244a1.htm. 14 Erythropel, H.C., et al. "Prevalence of Artificial Sweetener Neotame in US-Marketed Disposable E-Cigarettes." JAMA, 2025. 15 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016.
16 HHS, The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General, CDC, Office of Smoking and Health (OSH), 2014, http://www.surgeongeneral.gov/library/reports/50-years-of-progress/index.html. See also: CDC Office on Smoking and Health, “Quick Facts on the Risks of E-cigarettes for Kids, Teens, and Young Adults,” March 2019. Accessed August 9, 2019. 17 National Academies of Sciences, Engineering, and Medicine. 2018. Public health consequences of e-cigarettes. Washington, DC: The National Academies Press. http://nationalacademies.org/hmd/Reports/2018/public-health-consequences-of-e-cigarettes.aspx. 18 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016.
19 CDC, Health Effects of E-Cigarettes, May 15, 2024, accessed November 22, 2024 at https://www.cdc.gov/tobacco/e-cigarettes/healtheffects.html. 20 HHS, Eliminating Tobacco-Related Disease and Death: Addressing Disparities: A Report of the Surgeon General. Atlanta, GA: HHS, CDC, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2024. 21 Gottlieb, S and Abernethy, A. Understanding the Health Impact and Dangers of Smoke and ‘Vapor’. FDA Voices: Perspectives from FDA Leadership and Experts. https://www.fda.gov/news-events/fda-voices-perspectives-fda-leadership-and-experts/understanding-health-impactand-dangers-smoke-and-vapor.

9 of the Strategies Big Tobacco Uses to Target Kids
www.lung.org/research/sotc/by-the-numbers/8-things-industry-ecigs Cigarette companies have always recognized youth as their “replacement generation” and have employed a myriad of strategies and tactics to target, attract and addict them to tobacco products. Right from the start, e-cigarette companies took their tactics straight from Big Tobacco’s playbook – and now we’re seeing the same thing with nicotine pouches.

Data from the 2024 National Youth Tobacco Survey (NYTS) show more than 1.6 million middle and high school students using e-cigarettes in 2024, the most common form of tobacco use among youth in the U.S. Nicotine pouches are the second-most commonly used tobacco product among youth, with nearly half a million middle and high school students using nicotine pouches in 2024. The frequency of e-cigarette use by teens is especially alarming with over 40% of high school students who vape doing so frequently (20 or more of the past 30 days), and close to 30% are vaping daily. Among students who use nicotine pouches, nearly 30% use them frequently and over 20% use them daily. This regular use underscores how addicted youth have become to both products.

1. Groundhog Day!
1 2
1/4 Page 259 of 291
Tobacco companies used the same tactics to hook youth on e-cigarettes and nicotine pouches that they used to hook kids on cigarettes.*

2. Flavors
Flavored e-cigarette use among kids remains extremely high. Almost 90% of middle and high school students who vape reported using flavored e-cigarettes, with the top four flavors being fruit, candy/dessert/other sweets, mint and menthol. Kids continue to follow the available e-cigarette flavors; with the top one being fruit at 63% and close to 20% of youth e-cigarette users report using menthol e-cigarettes.

Over 85% of middle and high school students who use nicotine pouches reported using those which are flavored. The top nicotine pouch flavors are mint, fruit and menthol, with over 19% of youth nicotine pouch users reporting menthol flavored nicotine pouch use.

3. All the ads!
Over 75% of students in 2022 reported seeing tobacco ads on TV, and a variety of other mediums especially on the internet – including for e-cigarettes and nicotine pouches. Over 73% of students who use social media specifically reported seeing e-cigarette–related content.*

4. Corporate Sponsorships
Like the tobacco companies before them, e-cigarette companies have used corporate sponsorships, like auto racing, to showcase their companies and brands.*

5. Eat your vegetables
E-cigarette companies have falsely advertised that their products are less harmful, encouraging people to try their product, which is anything but good for you. Nicotine pouch companies have used similar tactics, including advertising their products as “tobacco-free."

6. Money Money Money
3 3
4 2/4 Page 260 of 291
The industry used discounts and coupons to get kids to try e-cigarettes and nicotine pouches, but in true 21st century fashion, they also reached out directly through social media to get to kids.*

7. Who is that?
Online vendors and sales easily allowed youth to pose as adults to access e-cigarettes and nicotine pouches.

8. It’s hidden in plain sight…
Nicotine pouch cans, meanwhile, may look similar to colorful candy and mint cans.

9. They Look Like Toys?!?!
Not only are e-cigarette products designed to be discrete, they now can look like everyday items such as children’s toys, video games or cell phones. FDA must continue to crack down on these products.
*Images courtesy of TrinketsAndTrash.org and FDA Press Releases.

Become a Lung Health Insider
Join over 700,000 people who receive the latest news about lung health, including research, lung disease, air quality, quitting tobacco, inspiring stories and more! Please enter a valid email address
References

1. Jamal A, Park-Lee E, Birdsey J, et al. Tobacco Product Use Among Middle and High School Students — National Youth Tobacco Survey, United States, 2024. MMWR Morb Mortal Wkly Rep 2024;73:917–924.
3/4 Page 261 of 291

2. Park-Lee E, Jamal A, Cowan H, et al. Notes from the Field: E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024. MMWR Morb Mortal Wkly Rep 2024;73:774–778.

3. Ibid.

4. Gentzke AS, Wang TW, Cornelius M, Park-Lee E, Ren C, Sawdey MD, Cullen KA, Loretan C, Jamal A, Homa DM. Tobacco Product Use and Associated Factors Among Middle and High School Students - National Youth Tobacco Survey, United States, 2021. MMWR Surveill Summ. 2022 Mar 11;71(5):1-29.

Page last updated: January 27, 2025
4/4 Page 262 of 291
Attachment 4
Photographs from Turlock Police Department Smoke Shop Operation

City Council Staff Report
February 10, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Juan Vargas, Recreation Superintendent
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Accept the recommendation of the Parks, Arts and Recreation Commission to approve the Public Artwork application from Officer Jacob Young on behalf of the Turlock SWAT Association and artist Brodin Studios

2. NARRATIVE:

On November 14, 2025, staff received a Public Artwork Permit Application from Officer Jacob Young on behalf of the Turlock SWAT Association and artist Brodin Studios. The application recognizes the Turlock Public Safety Facility as a focal point for honoring military veterans. At the south end of the parking lot there are military service flags that are prominently displayed, and the center appears to be a location appropriate for a commemorative statue. This project proposes the installation of a single, life-size bronze statue atop the existing pedestal in the middle of the military service flags. The statue will depict a modern American warfighter representing service members of Operation Iraqi Freedom and Operation Enduring Freedom, reflecting the contemporary era associated with the construction of the Public Safety Facility. The statue will be positioned standing and saluting, oriented north toward the United States Flag situated between the Public Safety Facility and Carnegie Arts Center. The application is attached for reference.

The application for public artwork was presented at the December 10, 2025, Parks, Arts and Recreation Commission meeting. The application for public artwork at 244 N. Broadway, Public Safety Facility, was approved unanimously by the Commission, therefore prompting staff to bring the PARC recommendation to City Council for final approval.

3. FISCAL IMPACT / BUDGET AMENDMENT:

There is no fiscal impact associated with this action. If approved, applicant would go through appropriate City permitting processes and furnish all materials and labor.

4. ENVIRONMENTAL DETERMINATION:

This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as it involves the placement of public art on an existing City facility and does not result in an expansion of use or significant environmental effects.

5. ATTACHMENTS:

1. Public Artwork Application - Brodin Studios

Brodin Studios, Inc. – Nick Christensen
[email protected] ▪ (320)398-4304 ▪ brodinstudios.com ▪ 70127 330th St. Kimball, MN 55353 Professional Summary
Brodin Studios is a nationally recognized bronze sculpture studio with more than 40 years of experience creating custom memorials that honor the service, sacrifice, and dedication of America’s military personnel and public safety professionals. With over 350 bronze sculptures installed across the United States and Canada, the studio has become a trusted partner for municipalities, government agencies, veterans’ organizations, and public art committees seeking meaningful, accurate, and enduring memorial artwork.

Founded on a mission to preserve history and honor those who serve, Brodin Studios specializes in lifelike, highly detailed figures—ranging from saluting soldiers to battlefield scenes, police and firefighter memorials, and community-based public art. The studio’s long-standing commitment to military tribute work includes extensive experience sculpting modern U.S. soldiers, uniforms, and equipment with exceptional accuracy, ensuring each memorial reflects the dignity and professionalism of today’s service members.

Brodin Studios operates as a turn-key provider, handling every stage of the process in-house—including concept development, digital modeling, sculpting, bronze casting, patination, delivery, and installation. The team draws from backgrounds in art, mechanical design, and engineering to ensure each sculpture is not only visually powerful, but structurally sound and engineered for long-term outdoor display. The studio casts in Everdur silicon bronze and has developed a reputation for excellence in finish quality, durability, and attention to lifelike detail.

With a proven history of successful installations for local, state, and federal agencies, Brodin Studios brings an unmatched ability to collaborate with committees, honor community vision, and deliver memorials that resonate deeply with the public. Each sculpture is created with the highest respect for the individuals it represents, embodying the core values of service, courage, integrity, and sacrifice.

For the City of Turlock, Brodin Studios is uniquely qualified to create a modern-day soldier saluting in fatigues, offering decades of experience in military memorials, advanced modeling capabilities for precise representation, and a long record of producing powerful, lasting tributes that become landmarks within the communities they serve.

Pricing
Life-size Saluting Soldier Statue in Fatigues: $45,000
24" x 36" Standard Bronze Plaque on steel powder coated stand: $6,500 Crating & Shipping: $3,000 - $4,000 (based on fuel rates at time of shipment)

City Council Staff Report
February 10, 2026
From: Christopher Fisher, Municipal Services Director
Prepared by: Janine Lee, Associate Engineer
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Authorizing the City Manager to execute an agreement with Turlock Irrigation District for the acceptance of $58,845.00 in grant funds
Resolution: Amending the Fiscal Year 2025–26 budget to reflect $58,845.00 in revenue in Fund 269 “Parks and Public Facilities Grants” (account 269-60-614-383.34180 - Local Grant Revenue) and $58,845.00 in expenses (account 269-60-614-383.51270 - Construction Project) for City Project 23-042 "Montana Park Phase II"

2. NARRATIVE:

On December 12, 2025, staff applied for a Turlock Irrigation District (TID) “Powering our Communities” grant. The purpose of this program is to provide financial support for energy efficiency projects benefiting the community. Eligible projects include, but are not limited to, lighting projects in low income neighborhood/parks or lighting projects in community-use sports complexes. Projects are reviewed to ensure they benefit the underserved by providing safety and recreation. On January 21, 2026, TID informed staff they had awarded the Montana Park Phase II project an energy reduction grant in the amount of $58,845.00.

Acceptance of the grant requires the City to execute a grant agreement and comply with standard grant conditions. These conditions include limiting use of the funds to the approved project purpose, completing basic documentation and reporting following project completion, and acknowledging TID’s contribution through customary public recognition, which may include on-site signage or similar acknowledgment. The agreement does not create an ongoing financial obligation beyond the awarded grant amount.

The funding amount is calculated based on the estimated energy savings yielded by the new facility’s components, such as the lighting to be installed for the new playground, parking lot, and pickleball courts. This grant can only be used for expenditures related to the construction of City Project 23-042 "Montana Park Phase II".

3. FISCAL IMPACT / BUDGET AMENDMENT:

There is no fiscal impact associated with executing the grant agreement and accepting the grant funds. When funds are received by the City, they will be recorded in Fund 269 “Parks and Public Facilities Grants”, (revenue account 269-60-614-383.34180 - Local Grant Revenue) and expended in the project account number, which is expense account 269-60- 614-383.51270 - Construction Project for use in the construction of City Project 23-042 "Montana Park Phase II".

Agenda Staff Report
2/10/2026

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. TID Award Letter and Agreement

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-

WHEREAS, the City of Turlock applied to the Turlock Irrigation District (“TID”) for grant funding under the “Powering Our Communities” program to support energy-efficient improvements associated with the Montana Park Phase II project; and WHEREAS, on January 21, 2026, TID notified the City that it had awarded the Montana Park Phase II project a grant in the amount of Fifty-Eight Thousand Eight Hundred Forty-Five Dollars ($58,845.00); and
WHEREAS, the awarded grant funds are based on estimated energy savings associated with project improvements, including lighting for the playground, parking lot, and pickleball courts, and may only be used for construction-related expenditures for the Montana Park Phase II project; and
WHEREAS, acceptance of the grant funds requires an amendment to the Fiscal Year 2025–26 budget to recognize both the grant revenue and the corresponding project expenditures; and
WHEREAS, this action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines, as it involves organizational or administrative activities of government that do not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock hereby amends the Fiscal Year 2025–26 budget to reflect $58,845.00 in revenue in Fund 269 “Parks and Public Facilities Grants” (account 269-60-614-383.34180 - Local Grant Revenue) and $58,845.00 in expenses (account 269-60-614-383.51270 - Construction Project) for City Project 23-042 "Montana Park Phase II".

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 10th day of February, 2026, by the following vote:

AYES:
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}
}

IN THE MATTER OF AMENDING THE
FISCAL YEAR 2025–26 BUDGET TO
REFLECT $58,845.00 IN REVENUE IN
FUND 269 “PARKS AND PUBLIC
FACILITIES GRANTS” (ACCOUNT 269-60-
614-383.34180 - LOCAL GRANT REVENUE)
AND $58,845.00 IN EXPENSES (ACCOUNT
269-60-614-383.51270 - CONSTRUCTION
PROJECT) FOR CITY PROJECT 23-042
"MONTANA PARK PHASE II"

Resolution No. 2026-

NOES:

NOT PARTICIPATING:

ABSENT:

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

City Council Staff Report
February 10, 2026
From: Sue Borrego, Interim City Manager
Prepared by: Jessie Dhami, Human Relations Director
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Appointing and employing CalPERS retired annuitant Gary Hampton as Interim City Manager pursuant to CalPERS requirements and suspending the applicability of section

14.05 of the City’s personnel system rules and regulations, as to the City Manager and/or the City Manager’s relatives during the period of Mr. Hampton’s appointment as Interim City Manager

2. NARRATIVE:

The appointment and employment of an Interim City Manager is recommended due to the vacancy of the City Manager position. The City requires interim executive leadership, and Gary Hampton, a CalPERS annuitant, has the specialized skills and prior experience necessary to serve as Interim City Manager.

CalPERS statutes, regulations, and guidance set forth a variety of rules and procedures applicable to the employment of a CalPERS retired annuitant including the following:
• The compensation paid to a CalPERS annuitant must be within the existing salary schedule for the position at issue;
• The annuitant may only be appointed once to the interim position as a CalPERS annuitant;
• The duration of employment must terminate upon the hiring of a candidate to the vacant position;
• The annuitant may not receive any other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate; • The annuitant may not exceed 960 hours of service per fiscal year; • The annuitant may not have received any unemployment insurance compensation arising out of prior employment with a public employer during the twelve (12) month period prior to appointment.

In addition, the performance of the City Manager position requires specialized skills which Mr. Hampton possesses as demonstrated by his service as City Manager prior to his retirement, and his service as Acting City Manager post-retirement. Given the uniqueness of Mr. Hampton’s qualifications to serve as the Interim City Manager, the duration of the appointment pursuant to CalPERS rules, and to ensure the efficient continuation of the City Manager’s duties, it is recommended that section 14.05 “Employment of Relatives, AntiNepotism Policy and Conflict of Interest Living Arrangements Related to City Employment” of the City’s Personnel System Rules and Regulations, be suspended and not apply to the

Agenda Staff Report
2/10/2026
City Manager and/or the City Manager’s relatives during the period of Mr. Hampton’s appointment.

3. FISCAL IMPACT / BUDGET AMENDMENT:

In accordance with CalPERS rules, and based on placement of Mr. Hampton on Step 5 of the existing City Manager salary schedule, Mr. Hampton will receive an hourly rate of pay calculated as follows: $22,425.00/173.333 = $129.38 per hour. CalPERS rules restrict the maximum amount of hours to 960 per fiscal year. There are sufficient savings due to vacancies in the City Manager’s department and therefore no budget augmentation is needed at this time.

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

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
RESOLUTION NO. 2026-
IN THE MATTER OF APPOINTING AND }
EMPLOYING CALPERS RETIRED }
ANNUITANT GARY HAMPTON AS INTERIM }
CITY MANAGER PURSUANT TO CALPERS }
REQUIREMENTS AND SUSPENDING THE }
APPLICABILITY OF SECTION 4.3.6 OF THE }
CITY’S PERSONNEL SYSTEM RULES AND }
REGULATIONS, AS TO THE INTERIM CITY }
MANAGER AND/OR THE INTERIM CITY }
MANAGER’S RELATIVES DURING THE }
PERIOD OF MR. HAMPTON’S APPOINTMENT
AS INTERIM CITY MANAGER }
}
WHEREAS, Gary Hampton (“Mr. Hampton”) has previously received a service retirement under the CalPERS retirement system; and
WHEREAS, Mr. Hampton reached normal retirement age prior to receiving his CalPERS service retirement, and has had a bonafide separation from City-service of more than 180 days; and
WHEREAS, the position of Interim City Manager is available because the City Manager position is currently vacant; and
WHEREAS, the City has initiated an open recruitment related permanently filling the vacant City Manager position; and
WHEREAS, performance of the City Manager position requires specialized skills which Mr. Hampton possesses as demonstrated by his prior service as the Turlock City Manager before his retirement and as Acting City Manager following his retirement; and, WHEREAS, the City intends to employ Mr. Hampton as a retired annuitant in accordance with CalPERS rules and procedures; and,
WHEREAS, due to the unquestionable uniqueness of Mr. Hampton’s qualifications to serve as the Interim City Manager, the duration of the appointment pursuant to CalPERS rules, and to ensure the efficient continuation of the City Manager’s duties and responsibilities, section 4.3.6 “Employment of Relatives, Anti-Nepotism Policy, and Conflict of Interest Living Arrangements Relating to City Employment” of the Personnel System Rules and Regulations, will not be applicable to the City Manager and/or the City Manager’s relatives as defined in section 4.3.6(A), during the period of Mr. Hampton’s appointment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock hereby finds, determines, and resolves as follows:

1. Mr. Hampton is appointed to serve as Interim City Manager based on the specialized skills he possesses and which are needed in performing the duties of the position, effective on February 11, 2026.

2. In accordance with CalPERS rules, Mr. Hampton shall be placed on Step 5 of the existing City Manager salary schedule, with an hourly rate of pay calculated as follows: $22,425.00/173.333 = $129.38 per hour.

3. Mr. Hampton may only be appointed once to the Interim City Manager position as a CalPERS annuitant, and shall not exceed 960 hours of service per fiscal year.

4. Mr. Hampton shall not receive any other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.

5. Mr. Hampton’s service as Interim City Manager shall be terminated upon the hiring of a candidate to the City Manager position.

6. During the time of Mr. Hampton’s service as Interim City Manager, section

4.3.6 “Employment of Relatives, Anti-Nepotism Policy, and Conflict of Interest Living Arrangements Relating to City Employment” of the Personnel System Rules and Regulations for the City of Turlock, shall not be applicable to the Interim City Manager and/or the Interim City Manager’s relatives.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 10th day of February 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

City Council Staff Report
February 10, 2026
From: Sue Borrego, Interim City Manager
Prepared by: Jessie Dhami, Human Relations Director
Agendized by: Susan E. Borrego, Interim City Manager

1. ACTION RECOMMENDED:

Resolution: Approving an Employment Agreement Between the City of Turlock and Gary Hampton as Interim City Manager.

2. NARRATIVE:

If the City Council appoints Gary Hampton as the Interim City Manager in the previous agenda item, staff recommends that the attached Employment Agreement, memorializing the terms of Mr. Hampton’s employment as Interim City Manager, and as a CalPERS retired annuitant, be approved by the Council.

Should the City Council appoint Mr. Hampton as the Interim City Manager, staff recommends that the City enter into the attached Employment Agreement that memorializes the terms of Mr. Hampton’s employment as Interim City Manager, and as a CalPERS retired annuitant.

The attached Employment Agreement is substantially similar to the employment agreement entered into between the City and Mr. Hampton in 2024 when he previously served as the Acting City Manager. The Employment Agreement between the City of Turlock and Gary Hampton sets forth applicable employment terms and references Mr. Hampton’s status as a CalPERS annuitant including the following:
• The amount of compensation set at Step 5 of the current City Manager salary schedule;
• That Mr. Hampton may only be appointed once to the Interim City Manager position as a CalPERS annuitant;
• The term of employment must terminate upon the hiring of a candidate to the City Manager position;
• That no other benefit, incentive, compensation in lieu of benefits, or other form of compensation shall be received in addition to the hourly pay rate; • Reference to performance of the duties of the City Manager position; • The maximum amount of 960 hours of service per fiscal year pursuant to CalPERS rules;
• The ability of the City Council and Mr. Hampton to terminate the agreement; • A certification that Mr. Hampton has not received any unemployment insurance compensation arising out of prior employment with a public employer during the twelve (12) month period prior to appointment, as required by CalPERS rules.

3. FISCAL IMPACT / BUDGET AMENDMENT:

In accordance with CalPERS rules, and based on placement of Mr. Hampton on Step 5 of the existing City Manager salary schedule, Mr. Hampton will receive an hourly rate of pay

Agenda Staff Report
2/10/2026
calculated as follows: $22,425.00/173.333 =$129.38 per hour. CalPERS rules restrict the maximum amount of hours to 960 per fiscal year. There are sufficient savings due to vacancies in the City Manager’s department and therefore no budget augmentation is needed at this time.

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 and Employment Agreement

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING AN } RESOLUTION NO. 2026-XXX EMPLOYMENT AGREEMENT }
BETWEEN THE CITY OF TURLOCK }
AND GARY HAMPTON AS INTERIM }
CITY MANAGER }
}
WHEREAS, the position of Interim City Manager is available because the City Manager position is currently vacant; and
WHEREAS, the City Council desires to appoint and hire retired CalPERS annuitant Gary Hampton as Interim City Manager; and
WHEREAS, the performance of the City Manager position requires specialized skill which Mr. Hampton possesses as demonstrated by his prior service as the Turlock City Manager and as Acting City Manager; and
WHEREAS, the City has prepared an Employment Agreement between the City and Mr. Hampton memorializing the terms of Mr. Hampton’s employment as Interim City Manager, as a CalPERS retired annuitant.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve the Employment Agreement attached as Exhibit A related to the appointment of Mr. Hampton to serve as Interim City Manager.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 10th day of February 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:

Nichole Fiez, City Clerk
City of Turlock, County of Stanislaus,
State of California

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF TURLOCK AND GARY HAMPTON

AS INTERIM CITY MANAGER
This Employment Agreement (“Agreement”) is entered into by and between the City of Turlock (“City”) and Gary Hampton (“Mr. Hampton”) (collectively referred to herein as “the Parties”) for employment as Interim City Manager.

1. Term and Conditions. City hereby employs Gary Hampton as the Interim City Manager effective on February 11, 2026. Mr. Hampton’s employment is subject to CalPERS rules and procedures related to employment of a CalPERS annuitant. Pursuant to CalPERS rules, Mr.

Hampton may only be appointed once to the Interim City Manager position as a retired annuitant.

2. Compensation. In accordance with CalPERS rules, Mr. Hampton shall be placed on Step 5 of the existing City Manager salary schedule, with an hourly rate calculated as follows:
$22,425.00/173.333 = $129.38 per hour. Mr. Hampton shall not receive any other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly rate.

3. Duties. In serving as the Interim City Manager, Mr. Hampton is authorized to perform all duties assigned to the City Manager position.

4. CalPERS 960 Hour Limitation. Mr. Hampton shall not exceed 960 hours of service to the City (or a combined 960 hours of service to the City and other CalPERS-participating agencies) per fiscal year. Mr. Hampton shall report any other service performed to CalPERS-participating agencies during each fiscal year applicable under this agreement to the City’s Human Relations Director, and so that the Parties can ensure that the 960 hour limitation is not exceeded.

5. Duration and Termination. The term of this Agreement may be terminated by the City Council at any time. Mr. Hampton may terminate this Agreement upon fourteen (14) calendar day notice to the City Council. Further, the term of this Agreement shall terminate upon the hiring of a candidate to the City Manager position.

6. Unemployment Insurance Certification. By signature below, and in accordance with CalPERS requirements at Government Code section 7522.56(e)(1), Mr. Hampton certifies that he has not received any unemployment insurance compensation arising out of prior employment with a public employer during the twelve (12) month period prior to appointment as Interim City Manager under this Agreement.

7. General Provisions.
a. Governing Law. This Agreement, and the rights and obligations of the Parties, shall be governed by and construed in accordance with the laws of the State of California. b. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties. There are no oral understandings, terms or conditions, and the Parties have not relied upon any representation, express or implied, not contained in this Agreement.
c. No Assignment. Mr. Hampton may not assign or transfer any rights granted or

obligations assumed under this Agreement.
d. Modification. This Agreement cannot be changed or supplemented orally. It may be modified or superseded only by a written instrument executed by both of the Parties. e. Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have duly approved and executed this Agreement on February 10, 2026.

ON BEHALF OF THE CITY
Amy Bublak, Mayor

INTERIM CITY MANAGER
I hereby accept this offer of employment and agree to comply with each and every condition thereof, and to perform faithfully all of the duties of employment as Interim City Manager of the City of Turlock.

Gary Hampton