Agenda packet — Turlock City Council, June 9, 2026 (part 2 of 9)

CITY CONTRACT NO. 2026-179 8
CITY PROJECT NO. 26-026
Rev. 08/2025
consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

8. COMPENSATION
City shall make payments to Contractor in accordance with the provisions of DISPUTES PERTAINING TO PAYMENT FOR WORK of the City Standards in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof. Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to TERM of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contractor, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may not have been apparent or detected at the time such payment was made.

Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code section 3262(d)(2).

Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.

9. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the Contract Packet - 8 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 322 of 1436 ends

CITY CONTRACT NO. 2026-179 9
CITY PROJECT NO. 26-026
Rev. 08/2025
performance of the Contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable.

9.1. CLAIMS PROCESSING
Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

9.2. MEET-AND-CONFER CONFERENCE
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement.

9.3. NONBINDING MEDIATION
Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to ARBITRATION OF DISPUTES of this Agreement.

Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.

10. PERMITS AND CARE OF WORK
Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Special Provisions. Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be Contract Packet - 9 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 323 of 1436 ends

CITY CONTRACT NO. 2026-179 10
CITY PROJECT NO. 26-026
Rev. 08/2025
responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

11. PUBLIC WORKS AND PAYMENT OF PREVAILING WAGE

11.1. MONITORING AND ENFORCEMENT
In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code.

11.2. 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. SUPERINTENDENCE BY CONTRACTOR
Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.

13. INSPECTION AND TESTING BY CITY
Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and Contract Packet - 10 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 324 of 1436 ends

CITY CONTRACT NO. 2026-179 11
CITY PROJECT NO. 26-026
Rev. 08/2025
inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

14. CONFORMITY WITH LAW AND SAFETY
Contractor 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 American 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 Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations. Contractor’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 the Contract, Contractor shall immediately notify City's risk manager by telephone. If any accident occurs in connection with the Contract, Contractor 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 Contractor’s subcontractor, if any; (c) name and address of Contractor’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 the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

15. OTHER CONTRACTS
City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

16. BONDS
Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:

A. Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

B. Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the Unemployment Insurance Code of Contract Packet - 11 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 325 of 1436 ends

CITY CONTRACT NO. 2026-179 12
CITY PROJECT NO. 26-026
Rev. 08/2025
California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract. It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.

17. INDEMNIFICATION

17.1. INDEMNITY FOR PROFESSIONAL LIABILITY
When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others.

17.2. INDEMNITY FOR OTHER THAN PROFESSIONAL LIABILITY
Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents 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 the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. CONTRACTOR'S INSURANCE
Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least thirty (30) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City.

The City of Turlock shall be named as a certificate holder.

18.1. COMMERCIAL GENERAL LIABILITY INSURANCE
Contract Packet - 12 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 326 of 1436 ends

CITY CONTRACT NO. 2026-179 13
CITY PROJECT NO. 26-026
Rev. 08/2025
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than 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, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. The general aggregate limit shall apply separately to this Project or the general aggregate shall be doubled. The policy shall contain, or be endorsed to contain, the following provisions:

A. City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations. The coverage shall be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations for construction services). The City shall be named as a certificate holder on the Certificate of Insurance.

B. For any claims related to the Project, Contractor’s insurance coverage shall allow and be endorsed primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.

C. In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.

D. Coverage shall not extend to any indemnity coverage for the sole negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

18.2. WORKERS' COMPENSATION INSURANCE
Contractor 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, One Million Dollars ($1,000,000.00) by disease-policy limit, and One Million Dollars ($1,000,000.00) by disease-each employee. Contractor shall submit to City, along with the Certificate of Insurance, a Waiver of Subrogation endorsement in favor of the City, its offices, agents, employees, and volunteers.

18.3. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
Contractor shall maintain commercial automobile liability insurance using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000.00) each accident for owned, leased, hired, non-owned, and borrowed automobiles. The policy shall provide and be endorsed that the City, its officials, officers, agents, employees, and volunteers are included or named as additional insureds. If Contractor owns no vehicles, this requirement may be met through a non-owned auto coverage or an endorsement to the CGL policy.

18.4. BUILDER'S RISK INSURANCE
Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders. Policy shall be provided for replacement value on an Contract Packet - 13 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 327 of 1436 ends

CITY CONTRACT NO. 2026-179 14
CITY PROJECT NO. 26-026
Rev. 08/2025
"all-risk" or special causes of loss basis, including earthquake and flood. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include:
coverage for debris removal and insure the building(s), structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project. The limits shall be to ensure the full replacement value of any property or equipment stored either on or off the project site, or in transit. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. The policy shall allow for and include a waiver of subrogation endorsement in favor of the Insureds.

18.5. CONTRACTORS POLLUTION INSURANCE
Pollution Coverage shall be maintained on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than Two Million Dollars ($2,000,000.00) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. The policy shall provide and be endorsed to include the City, its officials, officers, agents, employees, and volunteers as insureds.

18.6. UMBRELLA OR EXCESS POLICY
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and Automobile Liability insurance. No coverage or 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 Contractor’s primary and excess liability policies are exhausted.

18.7. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

18.8. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval.

18.9. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by CONTRACTOR'S INSURANCE. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.

18.10. WAIVER OF SUBROGATION
Contract Packet - 14 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 328 of 1436 ends

CITY CONTRACT NO. 2026-179 15
CITY PROJECT NO. 26-026
Rev. 08/2025
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.

18.11. SUBCONTRACTORS
Contractor shall ensure all subcontractors furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. OWNERSHIP OF WORK PRODUCT
Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) 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 that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Final Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

All Work Product of Contractor under the Contract, 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 specific in Exhibit A.

When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.

20. TAXES
Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:

A. Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit.

Contract Packet - 15 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 329 of 1436 ends

CITY CONTRACT NO. 2026-179 16
CITY PROJECT NO. 26-026
Rev. 08/2025
B. Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

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

22. CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.

23. ARBITRATION OF DISPUTES
All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the 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 the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, 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 competent 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 limitations.

The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving 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 attorney’s 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:

Contract Packet - 16 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 330 of 1436 ends

CITY CONTRACT NO. 2026-179 17
CITY PROJECT NO. 26-026
Rev. 08/2025
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 provided under 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.

All administrative remedies required under DISPUTES PERTAINING TO PAYMENT FOR WORK of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this ARBITRATION OF DISPUTES.

24. PROVISIONS CUMULATIVE
The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

25. 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: City Engineer
156 S. Broadway, Suite 150
Turlock, CA 95380-5461
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: Katie Lucchesi, City Attorney
156 S. Broadway, Suite 230
Turlock, CA 95380-5456
If to Contractor: United Pavement Maintenance, Inc
Attn: Rudy Ruvalcba, President
P.O. Box 1017
Hughson, CA 95326
Contract Packet - 17 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 331 of 1436 ends

CITY CONTRACT NO. 2026-179 18
CITY PROJECT NO. 26-026
Rev. 08/2025
If to Contractor’s Sureties: To be provided
with surety
records

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

Janine Lee, Associate Engineer
City of Turlock Engineering Division
156 S Broadway
Turlock, CA 95380
Telephone: (209) 668-6035
E-mail: [email protected]

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

28. ANTITRUST CLAIMS
Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.

29. USE OF CITY PROJECT NUMBER
Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use.

30. NO CONFLICT OF INTEREST
Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

31. CONFIDENTIALITY
Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor 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”). Contractor 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 Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

Contract Packet - 18 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 332 of 1436 ends

CITY CONTRACT NO. 2026-179 19
CITY PROJECT NO. 26-026
Rev. 08/2025

32. MODIFICATION
No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

33. 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.

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

35. 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, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract 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.

36. GOVERNING LAW
The Contract shall be governed and construed in accordance with the laws of the state of California.

37. SEVERABILITY
If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable according 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.

38. EXECUTION AND COUNTERPARTS
This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting 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.

39. MANDATORY AND PERMISSIVE
Contract Packet - 19 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 333 of 1436 ends

CITY CONTRACT NO. 2026-179 20
CITY PROJECT NO. 26-026
Rev. 08/2025
“Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

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

41. ATTORNEY'S FEES AND COSTS
Except as expressly provided for in ARBITRATION OF DISPUTES of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

42. NECESSARY ACTS AND FURTHER ASSURANCES
The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of the Contract.

43. RECITALS
The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections of this Agreement, the Sections shall prevail.

Contract Packet - 20 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 334 of 1436 ends

IN WITNESS WHEREOF, two identical counterparts of this agreement, consisting of a total of 39 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

United Pavement Maintenance, Inc, a California
corporation
CITY OF TURLOCK, a municipal corporation
**signature_126315**

SIGNATURE
**name_126315**

FULL NAME
**role_126315**
TITLE
**text_126315_cc217ee0**

ADDRESS
**text_126315_c9495e9a**
PHONE
**date_signed_126315**

DATE SIGNED
**signature_126322**

SIGNATURE
**name_126322**

FULL NAME
**role_126322**
TITLE
**date_signed_126322**

DATE SIGNED
APPROVED AS TO SUFFICIENCY:
**signature_126321**

SIGNATURE
**name_126321**

FULL NAME
**role_126321**
TITLE
**date_signed_126321**

DATE SIGNED
**signature_126323**

SIGNATURE
**name_126323**

FULL NAME
**role_126323**
TITLE
**date_signed_126323**

DATE SIGNED
Contract Packet - 21 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53 (209) 883-4345
7017 Hughson Ave, Hughson, CA 95326
6/3/2026
Rudy Ruvalcaba
President
RCE, PLS, City Engineer
6/4/2026
William D. Morris

Page 335 of 1436 ends

APPROVED AS TO FORM:
**signature_126325**

SIGNATURE
**name_126325**

FULL NAME
**role_126325**
TITLE
**date_signed_126325**

DATE SIGNED
ATTEST:
**signature_126319**

SIGNATURE
**name_126319**

FULL NAME
**role_126319**
TITLE
**date_signed_126319**

DATE SIGNED
Contract Packet - 22 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53 City Attorney
Katie O. Lucchesi

Page 336 of 1436 ends

Exhibits List
A - EXHIBIT_A_CONTRACTOR’S_PROPOSAL_FOR_SERVICES

B - EXHIBIT B PAYMENT BY FORCE ACCOUNT
C - EXHIBIT C WORKERS’ COMPENSATION INSURANCE CERTIFICATION D - EXHIBIT_D_PERFORMANCE_BOND
E - EXHIBIT_E_PAYMENT_BOND
Contract Packet - 23 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 337 of 1436 ends

Exhibit A
EXHIBIT_A_CONTRACTOR’S_PROPOSAL_FOR_SERVI
CES
Contract Packet - 24 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 338 of 1436 ends

EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES
Contract Packet - 25 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 339 of 1436 ends

City of Turlock, CA
Municipal Services-Engineering
Chris Fisher, Director
156 So. Broadway, Turlock, CA 95380
[UNITED PAVEMENT MAINTENANCE, INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 26-026
Water Line Replacement on Lyons Avenue
RESPONSE DEADLINE: June 2, 2026 at 1:00 pm
Report Generated: Wednesday, June 3, 2026
United Pavement Maintenance, Inc Response

CONTACT INFORMATION
Company:

United Pavement Maintenance, Inc
Email:
[email protected]
Contact:
javier ruvalcaba
Address:
2907 Tully Rd
PO Box 1017
Hughson, CA 95326
Phone:

N/A
Website:
www.unitedpavementmaintenance.com
Submission Date:

Jun 2, 2026 11:30 AM (Pacific Time)
Contract Packet - 26 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 340 of 1436 ends

[UNITED PAVEMENT MAINTENANCE, INC] RESPONSE DOCUMENT REPORT CIFB-E DBE No. CP 26-026
Water Line Replacement on Lyons Avenue
[UNITED PAVEMENT MAINTENANCE, INC] RESPONSE DOCUMENT REPORT Invitation For Bid - Water Line Replacement on Lyons Avenue

Page 2 ends

ADDENDA CONFIRMATION
Addendum #1
Confirmed May 28, 2026 2:33 PM by javier ruvalcaba

QUESTIONNAIRE

1. Proposal*
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item.

In accordance with the annexed Notice to Contractors, the undersigned, as bidder, declares that he has carefully examined the location of the proposed work, the plans, specifications and technical requirements therefore, and the proposed forms of contract and bonds mentioned or referred to in said Notice and on file in the Office of the City Engineer of the City of Turlock, together with the prevailing rate of per diem wages for each craft or type of workmen needed to execute said contract; and he proposes and agrees that if this proposal is accepted, he will furnish all labor, materials, equipment, plant transportation, service, sales taxes, permit fees and other costs necessary to complete the construction in strict conformity to the plans and specifications and he will enter into a written contract with the City of Turlock in the form of contract on file in the Office of the City Engineer for such purposes, and that he will execute and/or provide all bonds and insurance certificates required by law and/or by said contract and/or mentioned in said Notice to Contractors all in accordance with and subject to all applicable laws, and that he will take in full payment therefore the unit prices entered on the Bidder's Form.

Confirmed

2. Request for Substitutions*
You may upload information relative to material or equipment for which you would like to request approval of that were not specifically named in the project specifications. City staff will make an effort to respond to requests for substitution as part of the Q&A and addendum process, though will not be obligated to comment on, approve, or deny any request for substitution.

Contract Packet - 27 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 341 of 1436 ends

Page 3 ends

Confirmed

3. Affidavit*
Please download the below documents, complete, and upload. • AFFIDAVIT.pdf
AFFIDAVIT._Notarized.pdf

4. INFORMATION REQUIRED OF BIDDER
NUMBER OF YEARS’ EXPERIENCE AS A CONTRACTOR IN CONSTRUCTION WORK OR INSTALLATION WORK SIMILAR TO THAT REQUIRED IN THESE SPECIFICATIONS.*
17 NAME OF PERSON WHO INSPECTED THE SITE OF THE PROPOSED WORK FOR YOUR FIRM.* Monty Tomlinson
DATE OF INSPECTION*
05/28/2026

5. PREVIOUS WORK/REFERENCES
Please provide information for four (4) recent projects. If bidder is unable to provide information for four (4) reference projects, it shall provide as many reference projects that it can and City will make a determination as to bidder responsibility based on the available information.

REFERENCE #1: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.* Clinton Street Sewer and Water Main Project
Contract Packet - 28 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 342 of 1436 ends

Page 4 ends

REFERENCE #1: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.* Sewer and Water Main upgrades - underground
REFERENCE #1: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.* City of Madera, 428 E Yosemite Ave, Madera CA 93638, 559-661-5418 REFERENCE #1: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT?* Keith Helmuth
REFERENCE #1: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.*
$674,691.32 - $395,167.32
REFERENCE #1: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) United Pavement Maintenance, Inc
REFERENCE #1: DATE OF PROJECT COMPLETION
July 31, 2025
REFERENCE #1: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. $0
REFERENCE #2: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

Thornton Water Main Looping
REFERENCE #2: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Water Main upgrades, Ice Pigging - Underground
Contract Packet - 29 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 343 of 1436 ends

Page 5 ends

REFERENCE #2: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

County of San Joaquin, 1810 E. Hazelton Ave, Stockton, CA 95205, 209-468-3000 REFERENCE #2: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Robert I. Davalos
REFERENCE #2: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$1,058,919.26 - $844,092.26
REFERENCE #2: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) United Pavement Maintenance, Inc
REFERENCE #2: DATE OF PROJECT COMPLETION
May, 31, 2025
REFERENCE #2: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. $0
REFERENCE #3: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

Odessa Way & Mark Court Improvements
REFERENCE #3: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Water, Sewer, and Storm drain upgrades - Underground
REFERENCE #3: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

City of Oakdale, 455 S. Fith Ave, Oakdale, CA 95361, 209-845-3600 Contract Packet - 30 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 344 of 1436 ends

Page 6 ends

REFERENCE #3: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Rob Marler - MCR engineering, Inc
REFERENCE #3: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$738,568.44 - $730,668.44
REFERENCE #3: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) United Pavement Maintenance. Inc
REFERENCE #3: DATE OF PROJECT COMPLETION
September 18, 2025
REFERENCE #3: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. $0
REFERENCE #4: PROJECT NO. AND TITLE OF A PREVIOUS PROJECT YOU COMPLETED.

P Street Alley Improvements
REFERENCE #4: NAME THE CLASS AND TYPE OF WORK FOR THE COMPLETED PROJECT.

Water, Sewer Main Upgrades - Underground
REFERENCE #4: NAME, ADDRESS AND PHONE NO. OF THE OWNER OF THE COMPLETED PROJECT.

City of Firebaugh, 456 Sixth Street, Gustine, CA 95322, 559-659-2043 REFERENCE #4: WHO WAS THE REGISTERED ENGINEER IN CHARGE OF THE COMPLETED PROJECT? Mario B, Gouveia
Contract Packet - 31 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 345 of 1436 ends

Page 7 ends

REFERENCE #4: LIST THE TOTAL CONTRACT AMOUNT OF THE COMPLETED PROJECT AND THE AMOUNT OF THE CONTRACT YOU PERFORMED.
$507,033.55 - $507,033.55
REFERENCE #4: NAME OF PRIME CONTRACTOR (IF YOU WERE SUB) United Pavement Maintenance. Inc
REFERENCE #4: DATE OF PROJECT COMPLETION
July 30, 2025
REFERENCE #4: LIST ANY LIQUIDATED DAMAGES THAT WERE ASSESSED. $0

6. BOND INFORMATION
You can enter your Bid Bond information in the Surety2000 question below.

OR
You may also submit hard copy original bonds by mail or hand delivery prior to the bid due date and time to the following address:

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
DO YOU WANT TO USE SURETY2000 TO SUBMIT YOUR BONDING INFORMATION?* If you choose to upload bond forms not using Surety2000, you will need to submit the hard copy originals, prior to the bid due date and time, to engineering at:

Contract Packet - 32 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 346 of 1436 ends

Page 8 ends

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
No
BIDDER'S BOND*
Please download the documents below, complete, and submit hard copy original bonds by mail or hand delivery prior to the bid due date and time to the following address:

City of Turlock Engineering Division
156 S. Broadway Suite 150
Turlock, CA 95380
• BIDDERS_BOND.pdf
BIDDERS_BOND._Notarized.pdf

7. OTHER DOCUMENTS AND CERTIFICATIONS
SUBCONTRACTORS*
Please download the below documents, complete, and upload. • SUBCONTRACTORS.Update.pdf
SUBCONTRACTORS.Update._Filled_out.pdf

PRICE TABLES

BASE BID
Contract Packet - 33 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 347 of 1436 ends

Page 9 ends

Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 MOBILIZATION AND DEMOBILIZATION 1 LS $9,785.00 $9,785.00 2 CONSTRUCTION PROJECT SIGN 2 EA $2,687.00 $5,374.00
3 TRAFFIC CONTROL 1 LS $11,174.00 $11,174.00
4 POTHOLE EXISTING UTILITIES 1 LS $11,556.00 $11,556.00 5 REMOVE EXISTING IMPROVEMENTS 1 LS $10,038.00 $10,038.00 6 EARTHWORK AND GRADING 1 LS $4,108.00 $4,108.00
7 SHORING, SHEETING, AND BRACING 1 LS $8,495.00 $8,495.00 8 6-IN WATER MAIN PVC C900-07, CLASS 235, DR 18 47 LF $149.50 $7,026.50 9 8-IN WATER MAIN PVC C900-07, CLASS 315, DR 14 76 LF $190.30 $14,462.80 10 8-IN WATER MAIN PVC C900-07, CLASS 235, DR 18 1,845 LF $84.00 $154,980.00 11 12-IN WATER MAIN PVC C900-07, CLASS 235, DR 18 20 LF $302.50 $6,050.00 12 6-IN GATE VALVE AND BOX WITH LID 2 EA $1,743.00 $3,486.00 13 8-IN GATE VALVE AND BOX WITH LID 17 EA $2,585.50 $43,953.50 14 12-IN BUTTERFLY VALVE AND BOX WITH LID 2 EA $4,324.00 $8,648.00 15 1-IN WATER SERVICE W/ RELOCATED METER 17 EA $2,074.00 $35,258.00 16 CONNECTION TO EXISTING MAIN 6 EA $6,829.00 $40,974.00 Contract Packet - 34 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 348 of 1436 ends

Page 10 ends

Line Item Description Quantity Unit of
Measure
Unit Cost Total
17 FIRE HYDRANT ASSEMBLY 4 EA $9,256.20 $37,024.80
18 BLUE RAISED REFLECTIVE PAVEMENT MARKERS (TYPE BB) 4 EA $52.50 $210.00 19 G5 BOX W/ DIRECTIONAL ARROWS ON LID 13 EA $1,200.00 $15,600.00 20 TEMPORARY BLOW-OFF VALVES (4-IN) 7 EA $5,598.60 $39,190.20 21 TEMPORARY DOUBLE CHECK BACKFLOW PREVENTER ASSEMBLY (INSTALL AND

REMOVE)
1 EA $10,632.00 $10,632.00
22 REMOVE & DISPOSE OF EXISTING WATER LINES 2,210 LF $22.30 $49,283.00 23 REMOVE & DISPOSE EXISTING WATER VALVES 5 EA $183.00 $915.00 24 REMOVE & DISPOSE OF EXISTING FIRE HYDRANT ASSEMBLIES 1 EA $896.00 $896.00 25 STEP 3 TRENCH REPAIR - GRIND AND OVERLAY 1,450 SF $14.00 $20,300.00 26 STEP 3 TRENCH REPAIR - AGGREGATE BASE (6-IN THICK) 403 TON $64.00 $25,792.00 27 STEP 3 TRENCH REPAIR - HOT MIX ASPHALT (5-IN THICK) 348 TON $241.70 $84,111.60 29 TEMPORARY PAVEMENT MARKINGS 1 LS $3,000.00 $3,000.00 30 THERMOPLASTIC MARKINGS 1 LS $25,200.00 $25,200.00
31 ADJUST FRAMES AND COVERS TO GRADE FOR VALVE BOXES 19 EA $1,000.00 $19,000.00 32 ALLOWANCE FOR IRRIGATION REPAIRS 1 ALLOW $10,000.00 $10,000.00 33 ALLOWANCE FOR UNKNOWN UTILITIES 1 ALLOW $10,000.00 $10,000.00 Contract Packet - 35 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 349 of 1436 ends

Page 11 ends

Line Item Description Quantity Unit of
Measure
Unit Cost Total
34 ALLOWANCE FOR TREE TRIMMING 1 ALLOW $5,000.00 $5,000.00 28 ALLOWANCE FOR MINOR CONCRETE (CURB AND GUTTER) 1 ALLOW $1,500.00 $1,500.00 35 ALL OTHER WORK NOT COVERED BY BID ITEMS 1 LS $1.00 $1.00 36 2-IN WATER MAIN PVC C900-07, CLASS 235, DR 18 2 LF $109.15 $218.30 TOTAL $733,242.70
Contract Packet - 36 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 350 of 1436 ends

Contract Packet - 37 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 351 of 1436 ends

Contract Packet - 38 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 352 of 1436 ends

Contract Packet - 39 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 353 of 1436 ends

Contract Packet - 40 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 354 of 1436 ends

Contract Packet - 41 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 355 of 1436 ends

Contract Packet - 42 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 356 of 1436 ends

Contract Packet - 43 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 357 of 1436 ends

SUBCONTRACTORS
Prime Contractor:___________________________________________ DIR NUMBER:_______________ Pursuant to California Public Contract Code §4100, the Bidder shall list each subcontractor who will perform Work or Labor or who will render service to the Prime Contractor in or about the construction of the Work or Improvement, or a subcontractor duly licensed who, under subcontract to the Prime Contractor, specially fabricates and installs a portion of the Work or Improvement according to detailed Drawings contained in the Contract Documents, in an amount in excess of 1/2 of 1 percent of the Prime Contractor's Total Bid or, in the case of Bids or Offers for the construction of streets or highways, including bridges, in excess of 1/2 of 1 percent of the Prime Contractor's total Bid or $10,000 whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. IF NO SUBCONTRACTORS WILL FURNISH WORK, THEN WRITE "NONE" BELOW IN THE SPACE PROVIDED. NAME LICENSE NUMBER DIR NUMBER ADDRESS WORK ITEMS TO BE PERFORMED AND % OF ITEM
__________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ United Pavement Maintenance, Inc. 1000878534
Specialized PavementMarking, Inc 854894 1000886659
6868 Avenue 305,Goshen, CA 93227
18=95%,30= 95%
Contract Packet - 44 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 358 of 1436 ends

Exhibit B

EXHIBIT B PAYMENT BY FORCE ACCOUNT
Contract Packet - 45 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 359 of 1436 ends

1 EXHIBIT B

PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work.

If the records differ, City pays for the work based only on the information shown on City’s records.

If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.

A. Labor. Labor payment is full compensation for the cost of labor used in the direct performance of the work plus a fifteen percent (15%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The fifteen percent (15%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
Contract Packet - 46 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 360 of 1436 ends

2 (b) Field office overhead
(c) Bond costs
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:

1. A fifteen percent (15%) markup is added;

2. Supplier discounts are subtracted whether the Contractor takes them or not;

3. If the City Engineer believes the material purchase prices are excessive, City pays the lowest current wholesale price for a similar material quantity;

4. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:

4.1 Price paid by the purchaser for similar materials from that source on Contract items; and

4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:

1.1 During that period

1.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:

1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.

2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.

3. Fifteen percent (15%) percent markup.

If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location. If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.

Contract Packet - 47 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 361 of 1436 ends

3 Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.

The City Engineer determines rental costs:

1. Using rates in Labor Surcharge and Equipment Rental Rates:

1.1. By classifying equipment using manufacturer's ratings and manufacturerapproved changes.

1.2. Current during the work paid by force account.

1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:

1.3.1. Rented from equipment business Contractor does not own.

1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.

2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:

2.1. Rented from equipment business Contractor does not own.

2.2. The City Engineer establishes a rate of $10.00 per hour or less.

3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

5. Small tools that are not consumed by use 11. Incidentals

6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.

The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:

1. Contractor submits a request to use rented equipment

2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable
Contract Packet - 48 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 362 of 1436 ends

4 5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account and:

3.1. Hourly rates are paid in 1/2-hour increments

3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not on the Job Site Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for original-Contract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.

The minimum total time paid is:

1. 1 day if daily rates are paid

2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:

1. Idled is paid as 1/2 day

2. Operated four (4) hours or less is paid as 1/2 day

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table. The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25
Contract Packet - 49 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 363 of 1436 ends

5 3.0 5.50

3.5 5.75

4.0 6.00

4.5 6.25

5.0 6.50

5.5 6.75

6.0 7.00

6.5 7.25

7.0 7.5

7.5 7.75
≥8.0 hours
used
F. Equipment Not on the Job Site Not Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for non-owner-operated dump truck rental to City. The City Engineer shall determine the payment rate. Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.

When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.

Contract Packet - 50 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 364 of 1436 ends

Exhibit C
EXHIBIT C WORKERS’ COMPENSATION INSURANCE

CERTIFICATION
Contract Packet - 51 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 365 of 1436 ends

1 EXHIBIT C
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Signed: Date:
(Typed or Printed Name)
Business Address (Street Address, City, State & Zip Code):

Business Phone: ( )
Contract Packet - 52 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 366 of 1436 ends

Exhibit D
EXHIBIT_D_PERFORMANCE_BOND
Contract Packet - 53 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 367 of 1436 ends

1 EXHIBIT D

PERFORMANCE BOND
[Signatures on Following Page]
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, State of California, has awarded to United Pavement Maintenence Inc, hereinafter designated as the “Principal,” a contract for Project No. 26-026, “Water Line Replacement on Lyons Ave”; and, WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we the Principal, and as Surety, are
held and firmly bound unto the City of Turlock in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Turlock, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.

The City of Turlock reserves the right to refuse use of any Contractor assigned by any surety to complete the work.

Contract Packet - 54 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 368 of 1436 ends

2 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager
Contract Packet - 55 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 369 of 1436 ends

Exhibit E
EXHIBIT_E_PAYMENT_BOND
Contract Packet - 56 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 370 of 1436 ends

1 EXHIBIT E

PAYMENT BOND
[Signatures on Following Page]
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Turlock, a municipal corporation, has awarded to United Pavement Maintence Inc, hereinafter designated as the “Principal”, a contract for Project No. 26-026, “Water Line Replacement on Lyons Avenue”; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Turlock in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Turlock under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications.

Contract Packet - 57 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 371 of 1436 ends

2 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) Principal
By
Title
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager
Contract Packet - 58 of 58
Docusign Envelope ID: E8811726-FB34-88B7-834C-A828C27F8F53

Page 372 of 1436 ends

City Council Staff Report
June 9, 2026
From: Christopher Fisher, Acting City Manager
Prepared by: James Governale, Management Analyst
Agendized by: Christopher Fisher, Acting City Manager

1. ACTION RECOMMENDED:

Resolution: Rescind Resolution 2002-073
Resolution: Approve a Citywide E-mail Policy

2. NARRATIVE:

Staff recommends that the City Council adopt a resolution approving a Citywide E-mail Policy and adopt a separate resolution rescinding Resolution 2002-073.

Email Policy
City officials and staff regularly use various communication systems to transmit messages and documents inside and outside the organization. The most common of these systems is e-mail, which is used for routine communication with residents, vendors, other public agencies, and internal staff. Because e-mail is a communication tool and not a records management system, the City benefits from a consistent policy that provides direction on how e-mail should be managed, retained, stored, and reviewed.

The proposed policy is intended to clarify that retention requirements are based on the content of a communication, not the communication method used. Some e-mails may be official City records because they relate in a substantive way to the conduct of City business or are required to be retained under applicable law or the City’s records retention schedule.

Other e-mails may be transitory, preliminary, duplicative, or non-substantive communications that are not required to be retained. This distinction is important because it determines whether an e-mail must be preserved in accordance with the City’s records retention practices or may be deleted when it is no longer needed.

The proposed policy provides direction on several key items, including the following:
• E-mail should not be used as a records management system, and substantive e-mails should be saved or stored in the appropriate subject, project, or department file. • Retention is based on the content of the e-mail.
• E-mail communications remain subject to applicable City policies, including policies related to professional conduct, harassment, confidentiality, and appropriate use of City systems.
• E-mails that are not required to be retained may be deleted in accordance with the policy and the City’s records retention practices.
• City business should be conducted using City accounts and tools, and the policy provides procedures for preserving City records if personal accounts or devices are used.

Page 373 of 1436 ends

Agenda Staff Report
6/9/2026
• Confidential e-mails must be handled appropriately, including communications that may be subject to attorney-client privilege or attorney work-product protection. • Litigation holds, claims, audits, investigations, and Public Records Act requests suspend normal deletion practices for responsive or relevant records. • The policy provides procedures for managing e-mail when an employee separates from or transfers within the organization.

The policy was developed in consultation with the Information Technology Department and using best practices provided by a consultant who advises California public agencies on records-related matters. The policy has also been reviewed by representatives from Human Relations, and the City Manager and City Attorney’s Offices, and is recommended for approval by the City Council.

The policy does not authorize the deletion of records required to be retained under law, the City’s records retention schedule, a litigation hold, an audit, an investigation, or a pending Public Records Act request. Rather, the policy establishes procedures for preserving records that must be retained and managing communications that are not required to be retained.

Adoption of the proposed policy will support consistent records management practices, improve operational efficiency and limitations on data storage capacity, assist with California Public Records Act compliance, and reduce the risk of inconsistent handling of e-mail across departments.

Resolution 2002-073
During staff’s review of records retention materials related to the proposed e-mail policy, staff identified an apparent error associated with the adoption of Resolution 2018-071.

Resolution 2018-071 rescinded Resolution 2002-173; however, Resolution 2002-173 does not appear to relate to records retention and instead appears to involve acceptance of a grant for the Police Department. Based on staff’s review, the resolution that was likely intended to be rescinded was Resolution 2002-073.

This appears to have been a clerical or administrative error. Staff recommends that the City Council rescind Resolution 2002-073 to correct the City’s records and align prior Council actions with the apparent intent of the 2018 action.

Approval of both resolutions is recommended to establish a clear Citywide e-mail policy and correct the City’s records regarding the prior records retention resolution.

3. FISCAL IMPACT / BUDGET AMENDMENT:

There is no direct fiscal impact associated with adoption of the proposed resolutions.

Implementation may require staff time for training, coordination, and configuration of e-mail retention settings, which can be absorbed within existing departmental budgets. No budget amendment is requested.

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

Page 374 of 1436 ends

Agenda Staff Report
6/9/2026
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. ALTERNATIVES:

A. The Council could approve a modified version of the proposed policy. This alternative is not recommended unless the modifications are reviewed by the City Attorney’s Office and Information Technology to ensure consistency with applicable law, records retention practices, and system capabilities.

B. The Council could direct that the policy be considered administratively rather than by the City Council. This alternative is not recommended because the policy has Citywide operational implications and provides important direction regarding records management, e-mail retention, Public Records Act compliance, and public trust.

C. The Council could decline to approve the proposed policy and provide alternative direction to staff. This alternative is not recommended because the City would continue without clear Citywide direction regarding the management, retention, and deletion of e-mail communications.

D. The Council could decline to rescind Resolution 2002-073. This alternative is not recommended because staff has identified an apparent prior administrative error, and rescinding Resolution 2002-073 will correct and align the City’s records.

6. ATTACHMENTS:

1. Draft Resolution - Rescind 2002-073

2. Draft Resolution - Email Policy

3. Resolution 2002-073 (to be rescinded)

Page 375 of 1436 ends

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

WHEREAS, on May 14, 2002, the City Council adopted Resolution No. 2002-073, approving a Citywide Records Retention Schedule for use by all City departments and personnel; and
WHEREAS, on March 27, 2018, the City Council adopted Resolution No. 2018- 071, approving an updated Citywide Records Retention Schedule and rescinding Resolution No. 2002-173; and
WHEREAS, City staff has since identified that Resolution No. 2002-173 does not appear to relate to records retention, and that Resolution No. 2002-073 appears to have been the prior records retention resolution intended to be rescinded; and WHEREAS, the City Council desires to correct the City’s records by formally rescinding Resolution No. 2002-073; and
WHEREAS, 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 because 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.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Turlock that Resolution No. 2002-073 is hereby rescinded.

BE IT FURTHER RESOLVED that the reference to Resolution No. 2002-173 in Resolution No. 2018-071 is hereby recognized as an inadvertent clerical or administrative error, and Resolution No. 2018-071 shall not be construed as having rescinded, amended, or otherwise affected Resolution No. 2002-173.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of June, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

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

IN THE MATTER OF RESCINDING
RESOLUTION NO. 2002-073

Page 376 of 1436 ends

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

RESOLUTION NO. 2026-

WHEREAS, City officials, employees, and representatives regularly use e-mail to communicate regarding City business with residents, vendors, other public agencies, and internal staff; and
WHEREAS, e-mail is a communication tool and should not be used as a records management system; and
WHEREAS, the City desires to establish consistent Citywide procedures for the management, retention, storage, and deletion of e-mail communications; and WHEREAS, retention requirements for e-mail communications are based on the content of the communication, not the method of communication used; and WHEREAS, certain e-mail communications may constitute official City records because they relate in a substantive way to the conduct of City business, are required to be retained under applicable law, or are required to be retained under the City’s records retention schedule; and
WHEREAS, other e-mail communications may be transitory, preliminary, duplicative, non-substantive, or otherwise not required to be retained, and may be managed or deleted in accordance with applicable law, the City’s records retention schedule, and City policy; and
WHEREAS, the proposed Citywide E-mail Policy provides guidance regarding the appropriate management of e-mail communications, including saving substantive records in the appropriate subject, project, or department file; use of City accounts and systems for City business; protection of confidential and privileged communications; treatment of personal accounts or devices when used for City business; litigation holds and other retention holds; Public Records Act requests; and procedures following employee separation or transfer; and
WHEREAS, the proposed Citywide E-mail Policy does not authorize the deletion of any record required to be retained by law, the City’s records retention schedule, a litigation hold, audit, investigation, pending claim, or Public Records Act request; and WHEREAS, approval of the proposed Citywide E-mail Policy will support consistent records management practices, improve operational efficiency, assist with California Public Records Act compliance, and reduce the risk of inconsistent handling of e-mail communications across City departments; and
WHEREAS, 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 because this action consists of “organizational or administrative activities of }
}
}

IN THE MATTER OF APPROVING A

CITYWIDE E-MAIL POLICY

Page 377 of 1436 ends

Resolution No. 2026-

Page 2 ends

governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

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

Section 1: The City Council hereby finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Resolution.

Section 2: The City Council hereby approves the Citywide E-mail Policy, attached hereto as Exhibit A and incorporated herein by this reference.

Section 3: The City Manager, or designee, is authorized to take all actions necessary or appropriate to implement the Citywide E-mail Policy.

Section 4: The City Manager, with the joint approval of the City Attorney, is authorized to approve non-substantive, administrative, technical, or procedural revisions to the Citywide E-mail Policy as necessary.

Section 5: This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of June, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

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

Page 378 of 1436 ends

Policy prepared in consultation with Gladwell Governmental Services, Inc. (909) 337-3516 Page 1 of 4 Adopted – 6/6/2026, Resolution 2026-XYZ
Last revised: 6/9/2026

CITY OF TURLOCK

CITY COUNCIL POLICY
POLICY TITLE: Email Policy
POLICY NUMBER: TBD
POLICY EFFECTIVE DATE: 06-09-2026
LAST REVISION: N/A
Electronic telecommunications systems (e-mail, text messages, voice mail, fax systems, etc.) are a media for transport of communication and are methods to send, receive, or temporarily store correspondence. Communications generated through these systems are not retained in the ordinary course of business and are subject to records retention policies.

This is the same manner in which paper mail is managed: Employees determine what is a record that needs to be retained pursuant to the City’s records retention schedule, what records are preliminary drafts, copies or non-records and then file, or dispose of the record based upon the City’s record retention policies and procedures.

To qualify as a public record under CPRA, at a minimum, a writing must relate in some substantive way to the conduct of the public’s business.1 The length of required retention of an e-mail, electronic, or paper record is determined based either (1) a state law requiring a specific retention period or (2) because it is necessary or convenient to the discharge of the public officer’s duties, and was made or retained for the purpose of preserving its informational content for future reference.2

E-mail is a business tool which will be used in accordance with generally accepted business practices and current law reflected in the California Public Records Act to provide an efficient and effective means of intra-agency and inter-agency communications.

These procedures apply to all employees, advisory body members, council members, contractors, interns, volunteers, and others when they are using City-provided electronic technology.

Users are solely responsible for the management of their mailboxes, just as they are their responsible for sorting through paper mail in their in-boxes from the US Post Office or inter-office memoranda. E-mail is not intended to serve as a records management system 1 City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017 2 California Attorney General’s Opinion, 64 Ops. Cal. Atty. Gen. 317

Page 379 of 1436 ends

Policy prepared in consultation with Gladwell Governmental Services, Inc. (909) 337-3516 Page 2 of 4 Adopted – 6/6/2026, Resolution 2026-XYZ
Last revised: 6/9/2026
and staff are discouraged from using it as such. E-mail in-boxes and out-boxes shall be emptied on a regular basis, after records have been appropriately saved, to preserve digital storage space and to maintain efficiency and transparency in City records as outlined below.

1. Official Records Are Saved and Stored in Subject / Project File Folders. Email messages which are intended to be retained in the ordinary course of the City's business are recognized as official records that need retention in accordance with the California law. Because the e-mail system is not designed for long term storage, e-mail communications which are intended to be retained as an official record (those that relate in a substantive way to the conduct of business, or those that ARE made or retained for the purpose of preserving the informational content for future reference) should be saved in an electronic subject / project folder.

2. Retention is Based on the Content of the E-mail. The City will maintain all email messages determined by staff to be official records (those that relate in a substantive way to the conduct of business, or that ARE made or retained for the purpose of preserving the informational content for future reference) for the period of time designated in the City's retention schedule, based upon the content of the e-mail,) by saving them electronically in a subject / project folder. i) CEQA / NEPA e-mails only: e-mail submitted to, or transferred from the agency, and all internal agency communications, including staff notes related to a non-exempt CEQA action are required to be retained until Completion of CEQA Process3.
(1) This does not include:
(a) “every e-mail and preliminary draft.”
(b) “e-mail equivalent to sticky notes, calendaring faxes, and social hallway conversations — that is, e-mails that do not provide insight into the project or the agency’s CEQA compliance with respect to the project — are not within the scope of section 21167.6, subdivision (e) and need not be retained to comply with section 21167.6.”

3. All City Policies Apply / Professional Communications. All City policies (e.g., harassment policies) apply to electronic media. Make sure all your communications are appropriate and are within City policy. Employees are to use professional, courteous communications, and to abide by all laws and City policies.

4. Deletion After Retention Requirements. E-mail communications that DO NOT relate in a substantive way to the conduct of business, or are NOT required to be retained by law nor by the City’s Records Retention policies, and were NOT made or retained for the purpose of preserving the informational content for future reference (preliminary drafts, notes, transitory correspondence, interagency or intra-agency memoranda not retained in the ordinary course of business,) will be deleted by employees as soon as they are no longer required. 3 Golden Door Properties, LLC v. Superior Court of San Diego County (County of San Diego, et al., Real Parties in Interest) (D076605, D076924, D076993) (4th Dist. 2020); PRC 21167,6

Page 380 of 1436 ends

Policy prepared in consultation with Gladwell Governmental Services, Inc. (909) 337-3516 Page 3 of 4 Adopted – 6/6/2026, Resolution 2026-XYZ
Last revised: 6/9/2026
The City will auto-delete e-mails left in the following mail boxes on a routine basis:
(1) In Boxes (delete what remains after 2 years)
(2) Sent Items (delete what remains after 2 years)
(3) Deleted Items (delete what remains after 90 days)

5. Archiving and “Auto-Archiving” of e-mails is prohibited, except where specifically authorized by the City for legal, retention, litigation hold, audit, investigation, or Public Records Act purposes.

For purposes of this section, “Archiving” and “Auto-Archiving” mean any manual or automated process that moves or stores e-mails from active mailbox folders into an archive folder, archive mailbox, personal storage file, offline file, or other separate storage location.
i) Employees shall NOT archive ALL e-mails they receive or send. ii) Archives should only contain e-mails that need to be retained for the purpose of preserving its informational content for future reference, and should be located in the appropriate subject / project file folder, consistent with this policy and the City’s records retention schedule.
iii) E-mail stored in archives that are responsive to a Public Records Act request must be searched and produced by employees.

6. Personal Devices / Personal Accounts / Text messages. The City discourages the use of Personal e-mail accounts, cell phones, or other personal devices to conduct City business except those authorized through the City’s Cell Phone Policy. If any of these are used to conduct City business:
i) E-mails, records, and/or text messages stored on personal devices or in personal accounts relating to the conduct of City business will be subject to the Public Records Act.
ii) In the event a request for such records is received, the City may require employees to locate all records responsive to such request, including any records stored on personal accounts or personal devices (unless an exemption applies.)

7. Forwarding E-mails. E-mails may only be sent or forwarded to appropriate persons that have a need to know the information to conduct City business.

8. Protection of Confidential E-mail. Write the word, “Confidential” on protected email. Do not “interfile” e-mail or other privileged correspondence from the City Attorney’s office with public documents (documents that are accessible to the public). These e-mails may be subject to the Attorney-Client and or the Attorney Work Product privileges, and the contents should not be disclosed without first checking with the City Attorney.

9. Litigation Holds / Other Types of Holds. E-mails subject to litigation (including a reasonable expectation of litigation,) claims, complaints, audits, records requests and/or investigations suspend normal retention periods (retention resumes after settlement or completion of the triggering hold).

Page 381 of 1436 ends

Policy prepared in consultation with Gladwell Governmental Services, Inc. (909) 337-3516 Page 4 of 4 Adopted – 6/6/2026, Resolution 2026-XYZ
Last revised: 6/9/2026

10. Separation / Transfer of Employees.
i) The City’s technology systems must be set up to immediately disable a separated employee’s access to City e-mail and/or other technology. Human Relations and Information Technology shall ensure timely notifications of all employee separations.
ii) During separation, Human Relations will ensure employees:
(1) Forward any e-mails or text messages relating to City business stored on personal devices or personal accounts to their City e-mail account. (2) Employees are to close and/or remove any access to City e-mail or other technology systems from their personal devices.
iii) Information Technology shall ensure that the employee’s (former) Supervisor has access to the former employee’s e-mail account.
iv) The records stored in the e-mail account (including any archives,) of an employee who separates or transfers shall be the responsibility of that employee’s (former) supervisor.
v) The Supervisor shall review the e-mails of the former employee, ensure the content of their e-mail account are preliminary drafts not retained in the ordinary course of business (the content does NOT relate in a substantive way to the conduct of the public's business,) then authorize their deletion, after appropriate records are retained for their retention period, if applicable. vi) E-mails that remain in an account (that are not saved in a subject / project file folder outside the e-mail system) will be routinely deleted after 2 years.

Page 382 of 1436 ends

Page 383 of 1436 ends

Page 384 of 1436 ends

Page 385 of 1436 ends

Page 386 of 1436 ends

Page 387 of 1436 ends

Page 388 of 1436 ends

Page 389 of 1436 ends

Page 390 of 1436 ends

Page 391 of 1436 ends

Page 392 of 1436 ends

Page 393 of 1436 ends

Page 394 of 1436 ends

Page 395 of 1436 ends

Page 396 of 1436 ends

Page 397 of 1436 ends

Page 398 of 1436 ends

Page 399 of 1436 ends

Page 400 of 1436 ends

Page 401 of 1436 ends

Page 402 of 1436 ends

Page 403 of 1436 ends

Page 404 of 1436 ends

Page 405 of 1436 ends

Page 406 of 1436 ends

Page 407 of 1436 ends

Page 408 of 1436 ends

Page 409 of 1436 ends

Page 410 of 1436 ends

Page 411 of 1436 ends

Page 412 of 1436 ends

Page 413 of 1436 ends

Page 414 of 1436 ends

Page 415 of 1436 ends

Page 416 of 1436 ends

Page 417 of 1436 ends

Page 418 of 1436 ends

Page 419 of 1436 ends

Page 420 of 1436 ends

Page 421 of 1436 ends

Page 422 of 1436 ends

Page 423 of 1436 ends

Page 424 of 1436 ends

Page 425 of 1436 ends

Page 426 of 1436 ends

Page 427 of 1436 ends

Page 428 of 1436 ends

Page 429 of 1436 ends

Page 430 of 1436 ends

Page 431 of 1436 ends

Page 432 of 1436 ends

Page 433 of 1436 ends

Page 434 of 1436 ends

Page 435 of 1436 ends

Page 436 of 1436 ends

Page 437 of 1436 ends

Page 438 of 1436 ends

Page 439 of 1436 ends

Page 440 of 1436 ends

Page 441 of 1436 ends

Page 442 of 1436 ends

Page 443 of 1436 ends

Page 444 of 1436 ends

Page 445 of 1436 ends

Page 446 of 1436 ends

Page 447 of 1436 ends

Page 448 of 1436 ends

Page 449 of 1436 ends

Page 450 of 1436 ends

Page 451 of 1436 ends

Page 452 of 1436 ends

Page 453 of 1436 ends

Page 454 of 1436 ends

Page 455 of 1436 ends

Page 456 of 1436 ends

Page 457 of 1436 ends

Page 458 of 1436 ends

Page 459 of 1436 ends

Page 460 of 1436 ends

Page 461 of 1436 ends

Page 462 of 1436 ends

Page 463 of 1436 ends

Page 464 of 1436 ends

Page 465 of 1436 ends

Page 466 of 1436 ends

Page 467 of 1436 ends

Page 468 of 1436 ends

Page 469 of 1436 ends

Page 470 of 1436 ends

City Council Staff Report
June 9, 2026
From: Jessie Dhami, Human Relations Director
Prepared by: Darlene Ingersoll, Principal HR Analyst
Agendized by: Christopher Fisher, Acting City Manager

1. ACTION RECOMMENDED:

Resolution: Approving Multiple Job Descriptions, Establishing New Classifcations, Reclassifying Positions, and Amending Management and TCEA Salary Schedule Effective July 1, 2026
• Approving the revisions of job descriptions for Code Compliance Technician, Code Compliance Officer and Purchasing Coordinator, effective July 1, 2026. • Approving the establishment of a new job description for Building Services Analyst and amend the Management Salary Schedule, effective July 1, 2026. • Approving the establishment of a new job description for Economic Development Manager, Management, range 34.1, with reclassification of Economic Development Director to Economic Development Manager effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026.
• Approving the establishment of a new job description for Risk Manager, Management, range 34.1 effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026
• Approving the establishment of a new job description for Financial Customer Services Manager, Management, range 32.1, with reclassification of Financial Customer Services Supervisor to Financial Customer Services Manager effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026. • Approving the salary range of GIS Coordinator, Turlock City Employees Association (TCEA), range 36.2, effective July 1, 2026, and amend the TCEA Salary Schedule, effective July 1, 2026.

2. NARRATIVE:

1. On December 9, 2025, Council approved job descriptions as part of the Classification Study Final Report. After review, staff is recommending revised job descriptions for Code Compliance Technician and Code Enforcement Officer. Historically, Turlock Police Code Enforcement has not been responsible for enforcing any building codes, land use regulations, zoning ordinances or building permits.

2. On February 24, 2026, Council approved (Mid-Year) Amendments to the Fiscal Year 2025-2026 Budget including:
• Reclassification of Purchasing Specialist to Purchasing Coordinator effective March 1, 2026.
• Reclassification of Staff Services Analyst to Building Services Manager (Management, range 32.1) effective March 1, 2026.

Page 471 of 1436 ends

Agenda Staff Report
6/9/2026
The job description of Purchasing Coordinator was approved by Council on June 22, 2021, and is currently on the TCEA Salary Schedule. Staff is requesting a revision in the form of reformatting consistent with the current job descriptions that were approved by Council on December 9, 2025.

The establishment of a new job description of Building Services Analyst is recommended after review, as this title and job description aligns and clarifies responsibilities.

3. In alignment with the Fiscal Year 2026-2027 Budget, approval is requested for:
• Establishment of a new job description of Economic Development Manager (Management, range 34.1) with reclassification of Economic Development Director to Economic Development Manager effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026.
• Establishment of a new job description of Risk Manager (Management, range 34.1) effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026.
• Establishment of new job description of Financial Customer Service Manager (Management, range 32.1) with reclassification of Financial Customer Services Supervisor to Financial Customer Services Manager effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026. • Range adjustment for GIS Coordinator position (TCEA, range 36.2) effective July 1, 2026, and amend the TCEA Salary Schedule effective July 1, 2026.

Section 2-4-207 of the Turlock Municipal Code provides that the City Manager is responsible for the efficient administration of all affairs of the City which are under his control. Section 2-4-207(d) of the Turlock Municipal Code provides the City Manager with the power and duty to recommend to the City Council the reorganization of offices, positions, departments, or units under his direction as he may deem in the interest of the efficient, effective, and economical conduct of the City’s business.

City Council approval is required for any new and/or modified job descriptions.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Adequate funds have been requested through the FY 2026-2027 budget process.

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. ALTERNATIVES:

Council may choose not to approve the requested items in the Resolution and direct staff accordingly.

Page 472 of 1436 ends

Agenda Staff Report
6/9/2026

6. ATTACHMENTS:

1. Draft Resolution

2. Code Compliance Technician - Job Description

3. Code Enforcement Officer - Job Description

4. Purchasing Coordinator - Job Description

5. Building Services Analyst- Job Description

6. Economic Development Manager - Job Description

7. Risk Manager - Job Description

8. Financial Customer Services Manager - Job Description

9. Management Salary Schedule

10. Turlock City Employees Association (TCEA) Salary Schedule

Page 473 of 1436 ends

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF APPROVING MULTIPLE } RESOLUTION NO. 2026-XXX JOB DESCRIPTIONS, ESTABLISHING NEW }
CLASSIFICATIONS, RECLASSIFYING }
POSITIONS, AND AMENDING MANAGEMENT }
AND TCEA SALARY SCHEDULE EFFECTIVE }
JULY 1, 2026 }
WHEREAS, staff is requesting and recommending the approval of revised job descriptions, new job descriptions, reclassifications, and salary schedule amendments effective July 1, 2026; and
WHEREAS, the positions are represented by either: Turlock City Employees Association (TCEA) or Management for labor relations purposes and groups do not have any objections to these changes; and
WHEREAS, Section 2-4-207 of the Turlock Municipal Code provides that the City Manager is responsible for the efficient administration of all affairs of the City which are under his control. Section 2-4-207(d) of the Turlock Municipal Code provides the City Manager with the power and duty to recommend to the City Council the reorganization of offices, positions, departments, or units under his direction as he may deem in the interest of the efficient, effective, and economical conduct of the City’s business.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Turlock does hereby approve:
• The revisions of job descriptions for Code Compliance Technician, Code Compliance Officer and Purchasing Coordinator, effective July 1, 2026. • The establishment of a new job description for Building Services Analyst and amend the Management Salary Schedule, effective July 1, 2026. • The establishment of a new job description for Economic Development Manager, Management, range 34.1, with reclassification of Economic Development Director to Economic Development Manager effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026.
• The establishment of a new job description for Risk Manager, Management, range

34.1 effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026.
• The establishment of a new job description for Financial Customer Services Manager, Management, range 32.1, with reclassification of Financial Customer Services Supervisor to Financial Customer Services Manager effective July 1, 2026, and amend the Management Salary Schedule effective July 1, 2026.

Page 474 of 1436 ends

Resolution No. 2026-

Page 2 ends

• The salary range of GIS Coordinator, Turlock City Employees Association (TCEA), range 36.2, effective July 1, 2026, and amend the TCEA Salary Schedule, effective July 1, 2026.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 9th day of June, 2026, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

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

Page 475 of 1436 ends

City of Turlock

CODE COMPLIANCE TECHNICIAN

DEFINITION
Under general supervision, performs code compliance activities as well as necessary clerical support duties. The employee enforces codes, laws, and regulations related to zoning, subdivision, fire, nuisance and other related codes and regulations.

DISTINGUISHING CHARACTERISTICS
This is the entry level class in the Code Enforcement series.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Code Enforcement Supervisor.

ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Enforce graffiti abatement; receive and respond to complaints, record the location and document by photograph, and facilitate clean up.
• Assist in the enforcement of weed abatement, and nuisance. • Assist in investigating and enforcing abandoned and inoperative vehicles abatement on public and private property, including assisting with the Abandoned Vehicle Abatement (AVA) Program. • Conduct field inspections of new construction, remodeled, and various other structures to ensure compliance with fire, life safety and related codes, the City’s Municipal Code, ordinances including those pertaining to zoning, land use, nuisance housing, building codes, health and safety, blight, graffiti, water use, and other matters of public concern. • Locate vacant residences and businesses; secure buildings with proper materials as necessary; post the property as necessary; check vacant buildings regularly for transient activity, graffiti, and other forms of vandalism.
• Assist with the abatement of unsecured/unsafe buildings and the unlawful dumping and trash on public and private property.
• Receive complaints and work with property owners, neighborhood organizations, and other concerned parties to resolve nuisance issues and avert legal action where possible. • Prepare necessary paperwork utilizing word processing software, GIS, and other available technology or reference material to process form letters, forms and required notices needed to enforce codes and process violations according to the Turlock Municipal Code. • Research property legal descriptions and owners of record to ensure notices are sent to proper persons.
• Assist with conducting abatement hearings of routine code violations under direction of the supervisor.
• Gather evidence for abatement proceedings.
• Compile information and data for a variety of reports. • Assist and coordinate with other departments in compliance activities. • Perform follow-up inspections, meetings, discussions, and negotiations to gain compliance with appropriate codes and ordinances.
• Patrol assigned area to identify and evaluate problem areas and/or ordinance violations; determine proper method to resolve violations.
• Appears in court, or in hearings in the defense of code compliance.

Page 476 of 1436 ends

• Maintains accurate physical and computer files, documentation, photographs, and records.

Prepares correspondence, reports, evidence in support of legal actions taken by the City. • Issues administrative citations and notices when necessary. • Operate computer to enter, process, and acquire data relative to complaints, inspection sites, and code enforcement
• Performs related duties as assigned.

QUALIFICATIONS:

Knowledge of:
• General organization and structure of municipal government • Modern office methods, computer procedures and equipment • City codes and regulations related to department activities • Word processing and spreadsheet applications, record keeping and filing practices • Operation of computer and assigned programs.

Ability to:
• Prepare clear, concise and complete written reports.
• Understand and carry out oral and written instructions. • Interpret and apply applicable codes and regulations. • Investigate complaints, evaluate alternatives and make appropriate recommendations and sound decisions for problem resolution.
• Use maps and learn City geography.
• Learn the operation of standard equipment required for job performance including the use of a computer, police radio, graffiti paint sprayer, and other equipment as assigned. • Work effectively and efficiently under stressful situations and with minimum supervision. • Deal courteously and communicate effectively orally and in writing with property owners, contractors and others contacted during work.
• Establish and maintain effective relationships with those contacted during work.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

One (1) year of experience working with the general public.

Training:

Equivalent to graduation from high school.

Licenses:

Possession of a valid California Driver’s license at time of appointment, to be maintained as a condition of continued employment.

Possession of 832 PC (Penal Code), Arrest and Seizure, within twelve (12) months of appointment.

ADDITIONAL INFORMATION:

Physical Conditions:

Maintain the physical ability and stamina to meet prevention duties including: Vision corrected sufficiently to drive City vehicles, read blueprints, fine print; hear well enough to identify mechanical noises, converse on the radio, telephone; bodily mobility to lift and maneuver supplies, to climb ladders; use of hands and fingers to use computer keyboard, copy machine, file, write and drive vehicles; must be able to lift equipment as necessary; tolerate fluctuations in temperature while performing essential functions.

Page 477 of 1436 ends

FLSA Status: Non-exempt
Bargaining Unit: TCEA
Revised: JuneDecember 9, 20265
Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date

Page 478 of 1436 ends

City of Turlock

CODE ENFORCEMENT OFFICER

DEFINITION
Under general supervision, participates in assigned City programs and activities related to neighborhoods, neighborhood preservation, code enforcement, abandoned autos, enforce city zoning, fire nuisance and related codes and regulations.

DISTINGUISHING CHARACTERISTICS
This is the journey level classification in the Code Enforcement series.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Code Enforcement Supervisor.

ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Collaborates and partners with other City departments and outside agencies, community businesses, and like organizations to encourage community activism and participation in community improvement.
• Participates in code enforcement programs involving mistletoe. weed abatement, and other nuisances,
• Collaborates with Neighborhood Resources Officers to address illegal storage of property and encampment related issues
• Provides active feedback on City related homeless and unsheltered crisis • Issues administrative citations and notices as necessary • Appears in court, or in hearings in the defense of code compliance • Participates in programs involving abandoned and inoperative vehicle abatement on public and private property
• Administers the City’s anti-graffiti and abatement code • Responds to land use and building safety complaints
• Patrol assigned areas to identify and evaluate problem areas and/or ordinance violations; determine proper method to resolve violations
• As necessary, performs code enforcement activities in difficult or sensitive situations in support of the success of Code Enforcement activities
• Ensures the proper processing of official notices and follow-up related to established deadlines • Keeps current on legislative actions and correspondence necessary to implement departmental objectives, studies and projects
• Assist with conducting abatement hearings of routine code violations under direction of the supervisor
• Gather evidence for abatement proceedings
• Compile information and data for a variety of reports • Maintains accurate physical and computer files, documentation, photographs and records.

Prepares correspondence, reports, evidence in support of legal actions taken by the City • Operates computer to enter, process, and acquire data relative to complaints, inspection sites, and effective code enforcement and research complaints

Page 479 of 1436 ends

• Receive complaints and work with property owners, neighborhood organizations, and other concerned parties to resolve nuisance issues and avert legal action where possible • Perform related duties as assigned
QUALIFICATIONS:

Knowledge of:
• General organization and structure of municipal government • City ordinances and regulations related to use of land • Elements of planning and zoning administration and use of related ordinances • Building codes, nuisance abatement practices and procedures • Modern office methods, computer procedures, and equipment; Word processing and spreadsheet applications, recordkeeping, and filing practices Ability to:
• Interact in a positive manner with the public and co-workers • Ensure appropriate processing of required notices and paperwork needed for enforcement activities
• Read and evaluate basic maps, building plans and property descriptions • Utilize tact and diplomacy in seeking compliance to codes • Interpret and apply detailed rules, regulations, and procedures • Work independently in discovering violations; gathering evidence and applying enforcement procedures
• Receive reports of code violations in person and by phone • Complete appropriate report forms and related documentation • Evaluate complaints or observed violations and apply appropriate codes or regulations to bring violations into compliance
• Receive complaints and work with property owners, neighborhood organizations, and other concerned parties to resolve nuisance issues and avert legal action where possible • Maintain complex files and communicate effectively, both orally and in writing • Establish and maintain cooperative working relationships with those contracted during work. • Prepare clear, concise, and complete written reports
• Learn the operation of standard equipment required for job performance including the use of a computer, police radio, graffiti paint sprayer, and other equipment as assigned Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Two years of experience in an administrative, technical, or related position which involves heavy public contact.

Training:

Equivalent to graduation from high school
Licenses:

Possession of a valid California driver's license at the time of appointment, to be maintained as a condition of continued employment.

Possession of a valid Penal Code 832 Certificate (Arrest and Seizure) within twelve (12) months from date of appointment.

ADDITIONAL INFORMATION:

Physical Conditions:

Page 480 of 1436 ends

Maintain the following physical abilities: see well enough to read instructions, read fine print, view computer screen, operate vehicles and equipment; hear well enough to converse on the telephone, on the radio and in person assisting individuals; bodily mobility to lift and maneuver supplies and equipment; use of hands and fingers for use of computer keyboard, copy machine, filing, writing, drive equipment and answering telephones; tolerate extreme fluctuations in temperature while performing essential functions and be able to lift equipment as necessary.

This class is subject to evening and weekend assignments.

FLSA Status: Non-exempt
Bargaining Unit: TCEA
Revised: JuneDecember 9, 20265
Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date

Page 481 of 1436 ends

City of Turlock

PURCHASING COORDINATOR

DEFINITION
Under the general supervision from the Purchasing SupervisorManager, the Purchasing Coordinator performs a variety of technical procurement and related services within the City’s purchasing division; review purchase orders, purchase requisitions, bids, specifications, and invoices for accuracy and appropriateness; coordinate the purchase of supplies, materials, equipment, and services in order to support and enhance the delivery of City services; monitor contracts to ensure compliance with purchasing and related requirements; prepare and maintain a variety of purchasing related records, files, lists, and forms; respond to inquiries and provide information regarding purchasing activities,; and performs other work as required.

DISTINGUISHING CHARACTERISTICS
This is a single, journey level classification that performs purchasing, procurement, and related services. This classification provides all levels of purchasing support and coordination on a City-wide basis including the performance of technical and administrative functions. This position requires knowledge of public agency purchasing/procurement processes and requirements as well as the special needs of full service municipalities. This classification is distinguished from the Purchasing Supervisor in that the latter is the supervising classification and performs the most difficult and complex duties.

This classification is assigned to the Turlock City Employees Association bargaining unit for labor relations purposes and is subject to overtime assignments.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Purchasing ManagerSupervisor.

ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Purchase supplies, materials, equipment and services in accordance with the City’s purchasing ordinance, policies and guidelines and consistent with the requester’s specifications. • Contact supplier/vendors to obtain competitive price bids; determine availability, terms and delivery schedule regarding specific requisitions; evaluate quote/terms; and recommend action. • Serve as a resource to all City staff regarding all aspects of the purchasing process; advise on purchasing policies and processes; assist in the preparation of specifications and purchase orders, research specialty products and/or services; gather data and providing alternatives. • Write requests for proposals in accordance with City’s purchasing policies and guidelines and consistent with requester’s specifications; provide supporting documentation and necessary backup information; distribute to appropriate and approved vendors; monitor the receipt of responses to ensure timeliness and adherence to bidding process.
• Research and negotiate designated service maintenance contracts/agreements; administer and monitor contractual terms and obligations on an on-going basis; perform on-site inspections and/or workplace reviews to ensure compliance with agreement.
• Develop and prepare purchase orders and contracts as assigned; process paperwork and forms; verify receipt of goods; and resolve discrepancies and problems regarding price, delivery, and/or condition.

Page 482 of 1436 ends

• Order and reorder stocked items, supplies and materials according to pre-established minimums/quantities; maintain on-going liaison with Shipping & Receiving regarding inventory levels, substitutions, equivalents, delivery schedules, and vendor problems. • Research and develop new sources and/or potential sources of supplies, materials, and services; attend professional and industry trade shows, conferences, and workshops. • Assist in the maintenance of City’s fixed asset inventory; assign City identification tags to items to the appropriate division; assist in the tracking and monitoring the movement of fixed assets; and participate in the disposition of surplus and/or obsolete items. • Assist in training City staff in all facets of Purchasing policies, procedures, and processes/systems; review requisitions and purchase orders to ensure completeness and compliance with City policies; develop and/or modify forms and processes for maximum efficiency and effectiveness. • Prepare a variety of staff reports, memoranda, correspondence, spreadsheets, and reports to facilitate communications and understanding of Purchasing policies and process. • Performs other related duties work as assigned.

MINIMUM QUALIFICATIONS:

Knowledge of:
• Principles and practices of governmental purchasing law and procedures; applicable products and services; billing and contract practices.
• Types and sources of materials, supplies, services, and information on economic conditions, industry trends, commodity pricing methods, discounts and price differentials. • Terminology used in the ordering of supplies and equipment commonly used by the various City departments.
• Storeroom practices and stock record systems.
• Proper methods of establishing specifications.
• Computers and associated software programs for spreadsheets and correspondence.

Ability to:
• Plan and schedule buying activities consistent with both economy and service. • Make sound judgments as to quality and quantity of supplies purchased in relation to use. • Communicate effectively, both orally and in writing.
• Establish and maintain accurate records and files.
• Prepare clear and concise specifications.
• Buy effectively considering price, service, quality and delivery. • Perform accurate mathematical functions.
• Establish and maintain effective working relationships with City staff, vendors, and the general public.

Experience:

Three years of progressively responsible experience in purchasing for governmental agency.

Training:

Equivalent to possession of an Associate’s Degree in business administration, marketing, purchasing, accounting, or other closely related field.

Licenses:SPECIAL REQUIREMENTS
Possession of a valid California Driver’s License issued by the Department of Motor Vehicles at the time of appointment and the ability to maintain it as a condition of continued employment.

ADDITIONAL INFORMATION:

Page 483 of 1436 ends

Physical Conditions:REQUIREMENTS
Maintain the following physical abilities: see well enough to view and work with computer screen for extended periods, read fine print; hear well enough to converse on the telephone in assisting the public with emergency and non-emergency situations; use of hands and fingers for use of answering telephones, computer keyboard, writing and filing.

FLSA Status: Non-exempt
Bargaining Unit: TCEA
Revised: June 9, 2026
Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date

Page 484 of 1436 ends

City of Turlock

BUILDING SERVICES ANALYST

DEFINITION
Under general direction, the Building Services Analyst is responsible to provide advanced administrative support by performing research, statistical and other analytical work including assisting in budgets, contracts, staff reports, special reports and complex duties. Provides oversight of division administrative operations supporting building permits, inspections, plan review, code compliance coordination, and related development services. and ensures efficient, compliant, and customerfocused service delivery.

This position is designated as Management for Labor Relations purposes and is considered exempt under the Fair Labor Standards Act (FLSA).

SUPERVISION RECEIVED AND EXERCISED
General direction is provided from the Chief Building Official or Development Services Director. The incumbent in this classification is expected to work with minimal supervision. Exercises supervisory responsibility over Building Division administrative, plan review and inspection staff.

DISTINGUISHING CHARACTERISTICS
The incumbent is expected to demonstrate technical competence while working as a team member and be capable of exercising independent judgement and initiative in complex assignments. The incumbent will, as part of their assignment, supervise others.

ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Plan, organize, and coordinate administrative services and activities of the Building Division, including public counter operations, permit intake and processing, and records management. • Develop, implement, and evaluate division administrative policies, procedures, and workflows consistent with City standards and regulatory requirements. • Supervise, train, assign, and evaluate assigned staff; participate in recruitment and selection; and other personnel actions in accordance with City policies and applicable MOUs. • Coordinate staffing schedules to ensure adequate public counter, administrative, and inspection coverage.
• Provide advanced administrative, technical, and analytical support to the Chief Building Official and management staff, including preparation of reports, correspondence, policies and procedures.
• Assist with preparation, monitoring, and administration of budgets related to Building Division administrative functions; track expenditures and participate in forecasting activities. • Analyze administrative and operational processes and recommend improvements to enhance efficiency, accuracy, and customer service.
• Serve as liaison with other City departments, outside agencies, and the public on inspection, administrative and permitting-related matters.
• Interpret and explain applicable codes, ordinances, policies, and procedures to staff and the public; respond to inquiries, complaints, and sensitive requests. • Oversee and ensure compliance with records retention, disclosure, and security requirements, including applicable provisions of the Health and Safety Code.

Page 485 of 1436 ends

• Maintain and supervise physical and electronic records management systems related to permits, plans, certificates, and historical Building Division documents. • Coordinate division administrative functions such as accounts payable processing, payroll coordination, purchasing, scheduling, and reporting.
• Participate in evaluation, implementation, maintenance, and improvement of software systems used for permitting, records, and workflow tracking.
• Attend assigned meetings and trainings; represent the Building Division on committees or working groups as assigned.
• Model professional management conduct; maintain confidentiality of sensitive information; and ensure compliance with City policies, labor agreements, and safety requirements. • Promote a safe work environment and ensure staff compliance with applicable safety regulations.
• Coordinate the review and analysis of State and Federal legislation; examine its effects on the department and make recommendations to the Chief Building Official and Development Services Director.
• Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:
• Principals and practices of organization, administration and personnel management. • Principles and practices of budget preparation and administration. • Statistical methods and methods of graphic presentation. • Principles and practices of budgeting accounting in a municipal government. • Modern office procedures, methods and computer equipment and word processing and software applications.
• Principles and procedures of financial record keeping and reporting. • Federal, State, and local laws, codes, and ordinances related to Building & Safety administration and records management.
• Organization, functions, policies, and operating procedures of municipal Building Division. • Budget development, monitoring, and administrative financial practices. • Records retention, disclosure, and modern records management methods. • Customer service principles, conflict resolution techniques, and effective public communication. • Modern office practices and the use of standard business and permitting software applications. • Applicable occupational safety practices and regulations.

Ability to:
• Plan, organize, assign, supervise, and evaluate the work of assigned staff. • Analyze complex administrative and operational issues and develop effective recommendations. • Interpret and apply laws, regulations, and City policies related to Building Division administration. • Communicate clearly and effectively, both orally and in writing. • Maintain confidentiality and exercise sound judgment in sensitive matters. • Prepare clear, concise reports, correspondence, and administrative documentation. • Establish and maintain effective working relationships with City staff, elected officials, external agencies, and the public.
• Implement and manage administrative systems, procedures, and software applications Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Four (4) years of progressively responsible administrative, analytical, or supervisory experience in a public-sector environment, including responsibility for permitting, records management, customer

Page 486 of 1436 ends

service operations, and staff supervision within a building, planning, public works, or development services setting.

Training:

Possession of a Bachelor’s degree from an accredited college or university with major coursework in public administration, business administration, construction management, engineering, planning, office management, or a related field.

License:

Possession of a valid International Code Council (ICC) Permit Technician Certification and must be maintained as a condition of employment.

Possession of and the ability to maintain an appropriate, valid California Driver License as a condition of continued employment.

ADDITIONAL INFORMATION:

Physical Conditions:

Maintain the following physical abilities: see well enough to read instructions, read fine print, view computer screen, operate vehicles and equipment; hear well enough to converse on the telephone, on the radio and in person, assist customers and program supplies and equipment; use of hands and fingers for use of computer keyboard, copy machine, filing, writing, drive equipment and answering telephones; tolerate extreme fluctuation in temperature while performing essential functions and be able to lift equipment as necessary.

FLSA Status: Exempt
Bargaining Unit: Management
Established: June 9, 2026
Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date

Page 487 of 1436 ends

City of Turlock

ECONOMIC DEVELOPMENT MANAGER

DEFINITION
Under direction, plans, develops, implements and manages Economic Development Program Projects from conception to completion; manages, recommends and administers complex and technical, financial, statistical, and analytical work; plans, organizes, recommends and evaluates economic development, programs and related activities, in cooperation with City Management, businesses, community groups, public agencies and educational institutions.

This position is designated as Management for Labor Relations purposes and is considered exempt under the Fair Labor Standards Act (FLSA).

DISTINGUISHING CHARACTERISTICS
This is a mid-management classification, responsible for complex administrative economic development assistance to the City Manager. Duties and responsibilities are performed in accordance with law, ordinance, and City policy.

Responsibility for written and other types of presentations to the City Council and other commissions, boards and policy adopting bodies. Duties and responsibilities are performed in accordance with municipal codes, ordinances, City policy, federal, and state regulating entities.

SUPERVISION RECEIVED AND EXERCISED
Direction is provided by the City Manager or designee. The incumbent in this classification is expected to work with minimal supervision, exercising independent judgment and initiative in a number of complex, responsible, and fiscally sensitive duties. May supervise technical and clerical staff.

ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Develop and recommend programs to achieve the City’s goals and objectives relating to, economic development, business retention and community revitalization. • Interfaces with the development community, local business community, Chamber of Commerce, Stanislaus County Economic Development, Workforce Alliance (Alliance), and other City staff as required.
• May serve as the leader for special City-wide economic development projects when assigned. • Develop, recommend and coordinate City efforts to implement and enhance the City’s Strategic Economic Plan including developing new strategies and techniques necessary to meet the Plan’s objectives.
• Conduct financial analysis of projects, including revenue and cost estimates for project proponent.
• Select, recommend and manage consultants as may be necessary to assist the City with specialized economic development, financing and legal services. • Coordinate the planning and implementation of economic development including public improvement identification, and monitoring status of engineering work and planning processes. • Prepare written reports regarding economic development activities, pertinent laws and trends, and proposed projects and make public presentations to the appointed and elected officials.

Page 488 of 1436 ends

• Coordinate economic development activities with other government agencies, private-sector developers, real estate site selectors, and lending institutions. • Monitor various laws and activities of other regulatory agencies relating to economic development, affordable housing, and community revitalization. • Prepare, recommend and administer the Economic Development budget. • Develop, recommend and coordinate economic development marketing strategies including business retention, expansion and attraction.
• Collect and maintain property, land use, economic, demographic and financial data necessary to monitor trends relevant to economic development activities. • Review impact of economic regulations and laws; make recommendations for legislative amendments; represent the City with regulatory and other governmental agencies. • Plan, develop, recommend and implement strategy to achieve the City’s goals for local, state and federal programs related to economic and business development programs and projects. • Perform related duties as assigned.

QUALIFICATIONS:

Knowledge of:
• Advanced principles and practices of economic development. • Principles of marketing and promotion.
• Recent developments, current literature and informational sources in the field of economic development.
• Finance and construction management principals, including research, statistical methods and methods of technical report writing.
• Budgeting procedures and techniques, as well as development financing, bank practices and investment markets.
• Principles and practices of supervision, training and personnel management.

Ability to:
• Demonstrate professional competence while working as a team member. • Exercise independent judgment in confidential and sensitive areas. • Understand and interpret complex state and federal regulations, laws, codes, policies and solutions in the area of economic development.
• Establish and maintain effective working relationships with members of the business community and citizen groups to improve understanding of City economic policies, procedures, goals and objectives.
• Set priorities and organize work as necessary to meet deadlines and achieve economic development goals as established by policy makers.
• Research, analyze, compile, produce, and prepare understandable financial, demographic and land use studies, including producing such studies understandably. • Communicate effectively, both orally and in writing, to diverse groups, including large public audiences and small development teams.
• Supervise, train, evaluate and empower personnel to work efficiently and effectively. • Establish and maintain effective working relationships with those contracted in the course of work.
• Handle difficult situations with tact, diplomacy, and maintain an open and approachable manner.

Page 489 of 1436 ends

Experience:

Five years of increasingly responsible full-time, professional level work in the fields of economic and business development, community work, preferably in a municipal setting; including two years of managerial and supervisory responsibility that would have provided the opportunity to develop the required skills, knowledge, and abilities.

Training:

Equivalent to a Bachelor’s degree from an accredited college or university with major course work in planning, public or business administration, economics or a related field. Possession of a Master’s degree in public or business administration, economics or a closely related field is highly desirable.

Licenses:

Possession of a valid California Driver’s License in the category necessary to perform essential duties of the position will be required at the time of appointment. Individuals who do not meet this requirement due to a physical disability will be considered for accommodation on a case-by-case basis. Maintenance of a valid California Driver’s license and proof of automobile liability insurance thereafter is a condition of continued employment.

ADDITIONAL INFORMATION:

Physical Conditions:

Maintain the following physical abilities: See well enough to operate vehicles and equipment, read instructions and follow directions; hear well enough to distinguish mechanical noises, to converse on the radio, telephone and in person; use of hands and fingers for writing, typing, and other computer related functions; and be able to lift equipment as necessary.

FLSA Status: Exempt
Bargaining Unit: Management
Established: June 9, 2026
Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date

Page 490 of 1436 ends

City of Turlock

RISK MANAGER

DEFINITION
Under general direction, plans, manages and coordinates the risk management activities and operations of the City including general liability, loss control, property insurance, contract insurance requirements, and other related insurance programs.

This position is designated as Management for Labor Relations purposes and is considered exempt under the Fair Labor Standards Act (FLSA).

DISTINGUISHING CHARACTERISTICS
This is a management classification responsible for organizational component(s) and programs/functions. responsibilities for overall policy development, program planning. The incumbent is responsible for developing and implementing goals, objectives and work standards in addition to furthering City goals and objectives.

SUPERVISION RECEIVED AND EXERCISED
General direction is provided by the City Attorney. The job incumbent may supervise staff.

ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Develop and direct the implementation of goals, objectives, work standards and departmental administrative policies and procedures; oversee the preparation and administration of assigned budget.
• Work closely with the City Council, City Manager, City Attorney and other City departments to solve problems related to Risk Management issues.
• Act as the City’s Primary Board Member for the Central San Joaquin Valley Risk Management Authority, or any other Joint Powers Authority related to risk management, and is responsible for handling all related tasks.
• Responsible for managing all tort claims against the City. Works closely with the City’s thirdparty administrator to approve and deny claims within the City Attorney’s direction and authority. • Closely assist internal and external attorneys to handle litigation issues, including lawsuits against the City.
• Interpret City regulations, ordinances, codes, and other applicable laws related to risk management activities and provides technical assistance and coordination to staff as needed. • Review insurance documents, contracts, procurement documents, and leases to ensure the City is not assuming undue risk; ensure appropriate risk transfer techniques are implemented including releases and waivers; consult with project managers regarding risk exposure and risk transfer; review contracts to ensure proper indemnification language and insurance requirements are used.
• Manage and coordinate the completion of annual insurance renewal applications. Prepare City Council staff reports once annual insurance renewals are available and present information to City Council for approval.
• Work with City Departments to subrogate and settle uninsured and insured losses involving damage to City property.
• Serve as the City's Americans With Disability Act (ADA) Coordinator; reviews internal and external requests for Reasonable Accommodations under state and federal disability

Page 491 of 1436 ends

discrimination law; seek solutions with applicable departments. Responsible for completing state and federal reporting requirements and ensuring that the City’s ADA Self-Assessment and Transition Plan is updated periodically as needed.
• Analyze trends in liability coverages and case law; make recommendations for the insurance coverage changes; review contracts and agreements relating to insurances and endorsements as needed.
• Represent the City to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary. • Research and prepare technical and administrative reports; prepare written correspondence. • Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.
• Prepare and manage Request for Proposals and associated contracts as needed for risk management or related programs.
• Model appropriate professional management conduct; maintain appropriate confidentiality of sensitive information; comply with and support City policies and procedures, labor laws, and MOU provisions.
• Attend assigned meetings and training; interact with outside agencies and commissions; provide leadership for teams, or committees, as needed.
• Utilize automated equipment to prepare documents and maintain data related to department operations.
• Observe and maintain a safe working environment in compliance with established safety programs and procedures.
• Oversee the Safety Committee
• Perform related duties as assigned.

QUALIFICATIONS:

Knowledge of:
• Principles, practices, and techniques of establishing, maintaining, and modifying a comprehensive risk management program.
• Principles and practices of risk management, risk transfer, and asset protection programs relating to general and financial liability protection. • Records and procedures relating to court actions on risk management matters. • Principles and practices of leadership, motivation, team building, and conflict resolution. • Pertinent local, state, and federal rules, regulations, and laws. • Americans with Disabilities Act, reasonable accommodation, and state and federal disability discrimination law
• Principles and practices of organizational analysis and management. • Project and team management skills to lead risk mitigation initiatives. • Budgeting procedures and techniques.
• Principles and practices of supervision, training, and personnel management. • Legal and Regulatory environments relevant to the position and organization. • Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:
• Organize and direct the risk management operations.
• Develop, implement and coordinate effective programs related to risk management. • Analyze and interpret a variety of complex insurance and legal documents. • Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
• Interpret and apply City and department policies, procedures, rules, and regulations.

Page 492 of 1436 ends

• Prepare, recommend and administer a budget.
• Supervise, train, and evaluate personnel.
• Establish and maintain cooperative working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both orally and in writing. • Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
• Forecast and plan for future needs.
• Analyze and critically think about problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of agency goals. • Effectively and fairly negotiate appropriate solutions and contracts. Manage resources within budget and policy parameters.
• Prepare a variety of complex and comprehensive reports and documents. • Read and comprehend complex laws and regulations and initiate policies and procedures for their implementation.
• Make presentations before groups and represent the City in public forums. • Negotiate and problem solve risk-related issues efficiently and effectively.

Experience and Training Guidelines
Any combination of experience and education that would likely provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience:

Five years of increasingly responsible experience in risk management, legal, project management, or a related role.

Education:

Possession of a Bachelor’s degree from an accredited college or university with major course work in public administration, business, or a related field. A Master’s Degree or a Juris Doctorate is highly desirable.

Licenses:

Possession of a valid California Driver License in the category necessary to perform essential duties of the position will be required at the time of appointment. Maintenance of a valid California Driver’s license and proof of automobile liability insurance thereafter is a condition of continued employment.

Possession of an Associate in Risk Management (ARM) certificate is highly desirable.

Possession of a Certified Professional in Disability Management (CPDM) is highly desirable.

ADDITIONAL INFORMATION:

Physical Conditions:

Maintain the required physical abilities: See well enough to drive a vehicle; hear and speak well enough to converse on the telephone and in person; communicate clearly without amplification; bodily mobility to move rapidly from one area to another; climb stairs or ladders; use of hands and fingers to write; operate a computer keyboard and handle plans and documents; frequent sitting for long period of time; occasional bending or squatting; frequent repetitive motion; stamina to work long hours and attend night meetings several times a week.

FLSA Status: Exempt
Bargaining Unit: Management
Established: June 9, 2026

Page 493 of 1436 ends

Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date

Page 494 of 1436 ends

City of Turlock

FINANCIAL CUSTOMER SERVICES

MANAGER

DEFINITION
Under general direction, manages the operations of the business licensing, utility billing, and accounts receivable functions of the City; implements and monitors utility billing systems and procedures; supervises accounting office support staff; ensuring the accurate and timely deposit of all City funds into City’s bank accounts.

This position is designated as Management for Labor Relations purposes and is considered exempt under the Fair Labor Standards Act (FLSA).

DISTINGUISHING CHARACTERISTICS
This is a management position responsible for a division of the Finance Department involving the utility billing, accounts receivable and business licensing functions of the City. The incumbent has responsibility for assigning, managing, and directing the work of staff assigned to the utility billing, accounts receivable and business licensing functions of the City.

SUPERVISION RECEIVED AND EXERCISED
General supervision is provided by the Finance Director or designee. The Financial Customer Services Manager supervises Account Clerks, Accounting Technicians and office support staff.

ESSENTIAL FUNCTIONS - INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
• Plan, develop, and implement or direct the implementation of goals, objectives, policies and priorities relating to accounts receivable functions.
• Administer and manage and direct the work of account clerks, accounting technicians/clerical office support staff with responsibilities for business licensing, utility billing, and other accounts receivable functions.
• Analyze accounts receivable records and report problem areas to professional accountant staff for resolution and corrective action.
• Prepare a variety of accounting reports.
• Process and record county abatement liens on parcels and provide yearly data for the State of California’s Tax Roll.
• Schedule and oversee regular and delinquent utility billings. • Calculate building permit and business license charges. • Process changes in addresses, annexations, subdivisions that impact account receivables records.
• Review all receipts to ensure accuracy of account and fund numbers. • Oversee daily deposits and make necessary adjustments to reimburse petty cash account. • Assist with and implement periodic studies to adjust utility rates, reconcile accounts, and ensure that all entities conducting business have a required business license. • Respond to sensitive citizen information requests and complaints. • Assist Department Director in scheduling and conducting a variety of staff meetings and conferences.

Page 495 of 1436 ends

• Manage the activities of subordinates, assign staff schedules and task assignments. • Ensure close coordination with other City departments and affected outside groups. • Assist with preparation of specialized budgets related to assigned activities; assist in budget implementation; participate in budget forecasts; administer the approved budget. • Maintain current processes and equipment, recommend new business standards and comply with standard accounting principles.
• May assist with presentations before various groups, including City Council, Commissions, and professional and public meetings, as needed.
• Maintain current vendor contracts for outside services. • Define scope of work for vendor contracts, write staff reports for City council, prepare contract agreements, accounts receivable 3rd party service agreements. • Supervise staff including provision of timely performance evaluations; recommend and implement approved discipline; provide staff development; and maintain high standards necessary for efficient, professional operations.
• Answer questions; provide information to the public; recommend corrective actions; investigate, report, document and resolve complaints.
• Build and maintain respectful, positive working relationships with staff, supervisors, outside agencies and the public using principles of good customer service; provide effective conflict resolution, as needed.
• Model appropriate professional management conduct; maintain appropriate confidentiality of sensitive information; comply with and support City policies and procedures, labor laws, and MOU provisions.
• Interact with outside agencies and commissions;
• Provide leadership for teams, or committees, as needed. • Assure staff works safely; follow safety requirements; monitor and ensure compliance with regulations and other legal requirements.
• Perform related duties as assigned.

QUALIFICATIONS:

Knowledge of:
• Principles and practices of governmental accounting and maintenance of financial records. • Federal, State and local codes and ordinances relating to taxes, fees, licenses, permits and contracts.
• Modern office practices, procedures, methods and equipment. • Principles of employee supervision, career development and training. • The concepts of word processing, micro-computer and mainframe computer applications. • Modern methods of records and archival management.
• Budgeting procedures and techniques.
• Principles and practices of supervision, staff selection, training and personnel management. • Safe work practices and related regulations.
• Principles of public speaking, conflict resolution and excellent customer service. • Budgeting procedures and techniques.

Ability to:
• Plan, organize, direct and manage the work of a small administrative and office support staff. • Develop, implement and evaluate accounts receivable accounting systems. • Examine and verify financial documents and reports.
• Operate a variety of office machines and automated equipment. • Interpret and apply accounting rules, regulations and contract agreements. • Delegate authority and responsibility effectively.

Page 496 of 1436 ends

• Establish and maintain cooperative working relationships with elective officials, administration, other employees, and the public.
• Present ideas effectively orally and in writing.
• Read and comprehend complex laws and regulations and initiate policies and procedures for their implementation.
• Lead, manage, evaluate and train personnel effectively and maintain discipline. • Organize, implement and supervise departmental goals and City objectives. • Use a computer and needed programs effectively.
• Organize, analyze, manage and implement a variety of programs. • Forecast and administer a budget.

Experience:

Five years of increasingly responsible accounting support work in public utility billings, the processing of taxes, licenses, fees and permits, collections and maintenance of financial records including at least one year of supervisory experience or equivalent that would have provided the opportunity to develop the required skills, knowledge and abilities.

Training:

Equivalent to possession of an Associate Degree in Business or a related field.

Licenses:

Possession of a valid California Driver’s License in the category necessary to perform essential duties of the position may be required at the time of appointment. Maintenance of a valid California Driver’s license and proof of automobile liability insurance thereafter is a condition of continued employment.

ADDITIONAL INFORMATION:

Physical Conditions:

Maintain the following physical abilities: See well enough to read instructions, read fine print, view computer screen, operate vehicle and related equipment; hear well enough to converse on the telephone and in person, assist the public and other staff; use hands and fingers for use of computer keyboard, copy machine, filing, writing, drive vehicles and answer telephone.

FLSA Status: Exempt
Bargaining Unit: Management
Established: June 9, 2026
Reviewed and Approved:
_________________________________
Personnel Officer
_________________________________
Date

Page 497 of 1436 ends

MANAGEMENT MONTHLY SALARY SCHEDULE EFFECTIVE FY 2026-2027 Range Step 1 Step 2 Step 3 Step 4 Step 5
ADMINISTRATIVE ANALYST 29.1 8448 8870 9313 9779 10268
PUBLIC INFORMATION OFFICER 29.1 8448 8870 9313 9779 10268 BUILDING SERVICES ANALYST 32.1 9779 10268 10782 11320 11886 FINANCIAL CUSTOMER SERVICES MANAGER 32.1 9779 10268 10782 11320 11886 LABORATORY & ENVIRONMENTAL SUPERINTENDENT 32.1 9779 10268 10782 11320 11886 MANAGEMENT ANALYST 32.1 9779 10268 10782 11320 11886
PRINCIPAL HUMAN RELATIONS ANALYST 32.1 9779 10268 10782 11320 11886

PARKS, STREETS AND PUBLIC FACILITIES
SUPERINTENDENT 32.1 9779 10268 10782 11320 11886
PURCHASING MANAGER 32.1 9779 10268 10782 11320 11886
RECREATION SUPERINTENDENT 32.1 9779 10268 10782 11320 11886 ECONOMIC DEVELOPMENT MANAGER 34.1 10782 11320 11886 12480 13104 FLEET SERVICES MANAGER 34.1 10782 11320 11886 12480 13104 PUBLIC WORKS SUPERVISOR / CITY SURVEYOR 34.1 10782 11320 11886 12480 13104 PLANNING MANAGER 34.1 10782 11320 11886 12480 13104
REGULATORY AFFAIRS MANAGER 34.1 10782 11320 11886 12480 13104 RISK MANAGER 34.1 10782 11320 11886 12480 13104
ROADS PROGRAM MANAGER 34.1 10782 11320 11886 12480 13104 UTILITIES MANAGER 34.1 10782 11320 11886 12480 13104
WATER QUALITY CONTROL DIVISION MANAGER 34.1 10782 11320 11886 12480 13104 HOUSING PROGRAM MANAGER 34.1 10782 11320 11886 12480 13104 ACCOUNTANT, PRINCIPAL 35.1 11320 11886 12480 13104 13759 CIVIL ENGINEER, PRINCIPAL 35.1 11320 11886 12480 13104 13759 TRANSIT MANAGER 35.1 11320 11886 12480 13104 13759
INFORMATION TECHNOLOGY MANAGER 35.8 11722 12308 12923 13571 14248 CHIEF BUILDING OFFICIAL 36.1 11886 12480 13104 13759 14448 CITY CLERK 36.1 11886 12480 13104 13759 14448
WATER TREATMENT PLANT MANAGER 36.1 11886 12480 13104 13759 14448 ASSISTANT MUNICIPAL SERVICES DIRECTOR 38.1 13104 13759 14448 15170 15929 POLICE SUPPORT OPERATIONS MANAGER 38.1 13104 13759 14448 15170 15929 CITY ENGINEER 39.1 13759 14448 15170 15929 16726
HUMAN RELATIONS DIRECTOR 39.1 13759 14448 15170 15929 16726 DEVELOPMENT SERVICES DIRECTOR 39.1 13759 14448 15170 15929 16726 FINANCE DIRECTOR 39.1 13759 14448 15170 15929 16726
MUNICIPAL SERVICES DIRECTOR 39.1 13759 14448 15170 15929 16726 ECONOMIC DEVELOPMENT DIRECTOR 39.1 13759 14448 15170 15929 16726

INFORMATION TECHNOLOGY
DIRECTOR 39.1 13759 14448 15170 15929 16726
PUBLIC WORKS DIRECTOR 39.1 13759 14448 15170 15929 16726 RISK MANAGEMENT DIRECTOR 39.1 13759 14448 15170 15929 16726

MUNICIPAL SERVICES DIRECTOR / SRWA GENERAL
MANAGER 40.1 14448 15170 15929 16726 17562
FIRE CHIEF 41.1 15170 15929 16726 17562 18441
DEPUTY CITY MANAGER 42.5 16250 17063 17916 18813 19752
POLICE CHIEF 43.6 17148 18006 18907 19851 20844
CITY MANAGER 45.7 19002 19950 20948 21994 23095
CITY ATTORNEY 47.4 20637 21668 22752 23889 25084
REVISED 06/09/2026
EFFECTIVE 07/01/2026

Page 498 of 1436 ends

TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/26
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY
OFFICE ASST I 13.9 3582 3761 3949 4147 4354
FACILITIES MAINTENANCE ASSISTANT 15.2 3814 4004 4205 4415 4636 ACCOUNT CLERK I 15.2 3814 4004 4205 4415 4636
OFFICE ASST II 15.9 3949 4147 4354 4572 4800
TRAFFIC TECHNICIAN TRAINEE 16.6 4085 4289 4504 4729 4965 ACCOUNT CLERK II 17.2 4205 4415 4636 4867 5111
FIELD SERVICES TECHNICIAN 17.2 4205 4415 4636 4867 5111 MAINTENANCE WORKER I 17.2 4205 4415 4636 4867 5111
SHIPPING & RECEIVING INVENTORY SPECIALIST 17.2 4205 4415 4636 4867 5111 FLEET MAINT SERVICE WKR 17.9 4354 4572 4800 5040 5292
COMMUNITY SERV COORDINATOR 18.0 4371 4589 4819 5060 5313 PARTS CLERK 18.2 4415 4636 4867 5111 5366
ACCOUNTS PAYABLE CLERK 19.2 4636 4867 5111 5366 5634
ACCOUNT CLERK, SR. 19.2 4636 4867 5111 5366 5634
MAINTENANCE WORKER II 19.2 4636 4867 5111 5366 5634
CODE COMPLIANCE TECHNICIAN 19.2 4636 4867 5111 5366 5634 PLANNING ASSISTANT 19.2 4636 4867 5111 5366 5634
SECRETARY 19.2 4636 4867 5111 5366 5634
UTILITIES MAINTENANCE WORKER I 19.4 4682 4916 5162 5420 5691 WATER CONSERVATION WORKER 19.4 4682 4916 5162 5420 5691 TRAFFIC TECHNICIAN I 19.6 4729 4965 5214 5474 5748
CODE ENFORCEMENT OFFICER 20.2 4867 5111 5366 5634 5916
BUILDING INSPECTOR, TRAINEE 20.8 5015 5266 5529 5806 6096 FLEET MAINTENANCE MECHANIC I 20.9 5040 5292 5557 5835 6126 NEIGHBORHOOD SERVICES TEC 21.0 5060 5313 5579 5857 6150 POLICE RECORDS TECHNICIAN 21.0 5060 5313 5579 5857 6150 STAFF SERVICES ASSISTANT 21.0 5060 5313 5579 5857 6150
LABORATORY ANALYST I 21.1 5085 5339 5606 5887 6181
ACCOUNTING TECHNICIAN 21.2 5111 5366 5634 5916 6212
MAINTENANCE WORKER, SR. 21.2 5111 5366 5634 5916 6212
SECRETARY, SR. 21.2 5111 5366 5634 5916 6212
COMMUNITY DEV-SERVICE TEC 21.3 5136 5393 5663 5946 6243 UTILITIES MAINTENANCE WORKER II 21.4 5162 5420 5691 5976 6274 WASTEWATER PLANT OPERATOR I 21.9 5292 5557 5835 6126 6433 WATER TREATMENT PLANT OPERATOR I 21.9 5292 5557 5835 6126 6433 ADMINISTRATIVE ASSISTANT, PUBLIC SAFETY 22.0 5313 5579 5857 6150 6458 ADMINISTRATIVE ASSISTANT 22.0 5313 5579 5857 6150 6458
PERMIT TECHNICIAN 22.5 5447 5719 6005 6306 6621
FLEET MAINTENANCE MECHANIC II 22.9 5557 5835 6126 6433 6754 PLANNING TECHNICIAN 23.0 5579 5857 6150 6458 6781
PURCHASING SPECIALIST 23.0 5579 5857 6150 6458 6781
RECREATION COORDINATOR 23.0 5579 5857 6150 6458 6781
STAFF SERVICES TECHNICIAN 23.0 5579 5857 6150 6458 6781 CRIME AND COMMUNITY INFORMATION ANALYST 23.2 5634 5916 6212 6523 6849 PUBLIC SAFETY BUSINESS ANALYST 23.2 5634 5916 6212 6523 6849 SECRETARY, SUPERVISING 23.2 5634 5916 6212 6523 6849
MAINTENANCE TEAM LEADER 23.2 5634 5916 6212 6523 6849
UTILITIES MAINTENANCE WORKER, SR. 23.4 5691 5976 6274 6588 6917 LAND SURVEYING TECHNICIAN I 23.6 5748 6035 6337 6654 6987 POLICE RECORDS TECHNICIAN, SR. 23.6 5748 6035 6337 6654 6987 TRAFFIC TECHNICIAN II 23.6 5748 6035 6337 6654 6987
REVISED 06/09/2026
EFFECTIVE 07/01/2026

Page 499 of 1436 ends

TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/26
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
WASTEWATER PLANT OPERATOR II 23.9 5835 6126 6433 6754 7092 BUILDING INSPECTOR I 24.1 5887 6181 6490 6815 7155
FIRE PREVENTION INSPECTOR 24.1 5887 6181 6490 6815 7155 LABORATORY ANALYST II 24.1 5887 6181 6490 6815 7155
ACCOUNTANT I 24.2 5916 6212 6523 6849 7191
PLANNER, ASSISTANT 24.3 5946 6243 6555 6883 7227
HOUSING FINANCE SPECIALIST, TRAINEE 24.3 5946 6243 6555 6883 7227 FLEET MAINTENANCE MECHANIC, SR. 24.9 6126 6433 6754 7092 7447 ELECTRICAL/MECHANICAL TECHNICIAN I 25.0 6150 6458 6781 7120 7476 INFORMATION TECHNOLOGY TECHNICIAN 25.2 6212 6523 6849 7191 7551 HOUSING FINANCE SPECIALIST I 25.3 6243 6555 6883 7227 7588 HOUSING REHABIL. SPEC I 25.3 6243 6555 6883 7227 7588

HOUSING REHABILITATION SPECIALIST / INSPECTOR
TRAINEE 25.3 6243 6555 6883 7227 7588
HOUSING PROGRAM SPECIALIST I 25.3 6243 6555 6883 7227 7588 FIRE OPERATIONS SUPPORT ANALYST 25.6 6337 6654 6987 7336 7703 PLANS EXAMINER I 25.6 6337 6654 6987 7336 7703
PURCHASING COORDINATOR 25.6 6337 6654 6987 7336 7703
TRAFFIC TECHNICIAN, SR. 25.6 6337 6654 6987 7336 7703
WASTEWATER PLANT OPERATOR, SR. 25.9 6433 6754 7092 7447 7819 LABORATORY ANALYST, SR. 26.1 6490 6815 7155 7513 7889
ACCOUNTANT II 26.2 6523 6849 7191 7551 7928
HOUSING REHABIL. SPEC II 26.3 6555 6883 7227 7588 7968
HOUSING FINANCE SPECIALIST II 26.3 6555 6883 7227 7588 7968 HOUSING PROGRAM SPECIALIST II 26.3 6555 6883 7227 7588 7968 UTILITIES SUPERVISOR, ASSISTANT 26.4 6588 6917 7263 7626 8008 MAINTENANCE SUPERVISOR, ASSISTANT 26.4 6588 6917 7263 7626 8008 ELECTRONIC/INSTRUMENTATION TECHNICIAN 27.0 6781 7120 7476 7850 8242 ELECTRICAL/MECHANICAL TECHNICIAN II 27.0 6781 7120 7476 7850 8242 WATER TREATMENT PLANT OPERATOR II 27.0 6781 7120 7476 7850 8242 MAINTENANCE TECHNICIAN II 27.0 6781 7120 7476 7850 8242 BUILDING INSPECTOR II 27.1 6815 7155 7513 7889 8283
HOUSING REHABILITATION SPECIALIST / INSPECTOR I 27.1 6815 7155 7513 7889 8283 PUBLIC WORKS CONSTRUCTION INSPECTOR 27.1 6815 7155 7513 7889 8283 INFORMATION TECHNOLOGY ANALYST I 27.2 6849 7191 7551 7928 8325 PLANNER, ASSOCIATE 27.3 6883 7227 7588 7968 8366
REDEV/ECON DEV ANALYST 27.3 6883 7227 7588 7968 8366
TRANSIT PLANNER 27.3 6883 7227 7588 7968 8366
ENVIRONMENTAL COMPLIANCE INSPECTOR 27.4 6917 7263 7626 8008 8408 ENGINEERING PROJECT COORDINATOR 27.6 6987 7336 7703 8088 8492

COORDINATOR FOR UNSHELTERED/HOMELESS
PROGRAMS 27.6 6987 7336 7703 8088 8492
LAND SURVEYING TECHNICIAN II 27.6 6987 7336 7703 8088 8492 PLANT OPERATOR, LEAD 27.9 7092 7447 7819 8210 8620
PARKS,REC & PUB FAC SUPERVISOR 27.9 7092 7447 7819 8210 8620 RECREATION SUPERVISOR 27.9 7092 7447 7819 8210 8620
STAFF SERVICES ANALYST 28.0 7120 7476 7850 8242 8654
FLEET MAINTENANCE SUPERVISOR 28.5 7300 7665 8048 8450 8873 PLANS EXAMINER II 28.6 7336 7703 8088 8492 8917
ELECTRONIC/INSTRUMENTATION TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 ELECTRICAL/MECHANICAL TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 INSTRUMENT AND CONTROL TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 MAINTENANCE TECHNICIAN, SR. 29.0 7476 7850 8242 8654 9087 WATER TREATMENT PLANT OPERATOR, SR. 29.0 7476 7850 8242 8654 9087 HOUSING REHABILITATION SPECIALIST / INSPECTOR II 29.2 7551 7928 8325 8741 9178 REVISED 06/09/2026
EFFECTIVE 07/01/2026

Page 500 of 1436 ends

TCEA MONTHLY SALARY SCHEDULE
EFFECTIVE 7/1/26
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
INFORMATION TECHNOLOGY ANALYST II 29.2 7551 7928 8325 8741 9178 ENGINEER, ASSISTANT 29.6 7703 8088 8492 8917 9363
ELECT/MECH MAINTENANCE SUPV, ASST 30.0 7850 8242 8654 9087 9541 BUILDING INSPECTOR, SR. 30.1 7889 8283 8697 9132 9589
PUBLIC WORKS CONSTRUCTION INSPECTOR, SR. 30.1 7889 8283 8697 9132 9589 ASSET ANALYST 30.3 7968 8366 8785 9224 9685
PLANNER, SR. 30.3 7968 8366 8785 9224 9685
TRANSIT ANALYST 30.3 7968 8366 8785 9224 9685
UTILITIES SUPERVISOR 30.4 8008 8408 8829 9270 9733
POLICE RECORDS SUPERVISOR 30.4 8008 8408 8829 9270 9733 WATER QUALITY CONTROL LABORATORY SUPERVISOR 30.4 8008 8408 8829 9270 9733 WATER QUALITY CONTROL SUPERVISOR 30.4 8008 8408 8829 9270 9733 FINANCIAL CUSTOMER SERVICES SUPERVISOR 30.4 8008 8408 8829 9270 9733 PURCHASING SUPERVISOR 30.4 8008 8408 8829 9270 9733
ACCOUNTANT III 31.2 8325 8741 9178 9637 10119
PLANS EXAMINER, SR. 31.6 8492 8917 9363 9831 10323
ENGINEER, ASSOCIATE 31.6 8492 8917 9363 9831 10323
LAND SURVEYOR, ASST 31.6 8492 8917 9363 9831 10323

PUBLIC WORKS CONSTRUCTION
INSPECTOR, SENIOR - ROADS 32.1 8697 9132 9589 10068 10572 ELECTRICAL/MECHANICAL MAINTENANCE SUPERVISOR 33.0 9087 9541 10018 10519 11045 MAINTENANCE SUPERVISOR 33.0 9087 9541 10018 10519 11045 WATER TREATMENT PLANT OPERATIONS SUPERVISOR 33.0 9087 9541 10018 10519 11045 PLANNER, PRINCIPAL 33.6 9363 9831 10323 10839 11381
CIVIL ENGINEER, ASSOCIATE 33.6 9363 9831 10323 10839 11381 LAND SURVEYOR 33.6 9363 9831 10323 10839 11381
INFORMATION TECHNOLOGY ANALYST, SR. 34.2 9637 10119 10625 11156 11714 GIS COORDINATOR 34.2 9637 10119 10625 11156 11714
CIVIL ENGINEER, SR. 35.6 10323 10839 11381 11950 12547
GIS COORDINATOR 36.2 10625 11156 11714 12299 12914
INFO TECH COORDINATOR 36.2 10625 11156 11714 12299 12914 REVISED 06/09/2026
EFFECTIVE 07/01/2026

Page 501 of 1436 ends

City Council Staff Report
June 9, 2026
From: Katie Quintero, Planning Manager
Prepared by: Katie Quintero, Planning Manager
Agendized by: Christopher Fisher, Acting City Manager

1. ACTION RECOMMENDED:

Ordinance: Amending terms and extending the Development Agreement between the City of Turlock and Evergreen Market dba FF Farms

2. NARRATIVE:

The Evergreen Market is located at 101 E. Glenwood Avenue. The property is zoned Community Commercial, which allows cannabis dispensaries with a Conditional Use Permit and Development Agreement.

At their February 28, 2023, meeting, the City Council adopted the ordinance approving the Development Agreement (DA). As required in the DA, The Evergreen Market applied for a Conditional Use Permit. The Planning Commission granted Conditional Use Permit 2022-07 at the April 6, 2023, public hearing, allowing The Evergreen Market to operate a cannabis dispensary in the existing 2,785 square foot building.

On March 31, 2024, Jose Rodrigues and the City of Turlock executed an Assignment and Assumption Agreement, as allowed under Section 10.1 of the Development Agreement. The Assignment and Assumption Agreement allowed the sale, assignment, or transfer of The Evergreen Market at 101 E. Glenwood Avenue to Jose Rodrigues. All other conditions of the Conditional Use Permit and the Development Agreement remain unchanged.

Planning Department
A sign permit was issued for the signs on the building.

Evergreen Market dba FF Farms has complied with the requirements of the Planning Division.

Building Department
The Evergreen Market is in compliance with the requirements of the Building and Safety Division.

Finance Department
Business License
The Evergreen Market was issued a business license on August 1, 2024. Their business license is current and active. There are no outstanding issues.

Public Benefit Amount
The Development Agreement requires the monthly payment of a public benefit amount.

Section 4.2 of the Development Agreement details the public benefit amount that Evergreen Market must submit to the City on a monthly basis.

Page 502 of 1436 ends

Agenda Staff Report
6/9/2026
The above public benefit amounts include a one-quarter percent (.25%) dollar amount dedicated to supporting the City of Turlock juvenile drug and alcohol treatment and rehabilitation programs.

The audits and compliance checks have been completed. Evergreen Market is in compliance with the Finance Department requirements. The public benefit amount that Evergreen Market has paid is detailed in the table below:

Fiscal Year Public Benefit
Payment
2020-21 N/A
2021-22 N/A
2022-23 N/A
2023-24 N/A
2024-25 $275,000.00
2025-26* $262,360.00
Total through 4/29/26 $537,360.00
*Through March 2026
Police Department
Calls for Service
In 2024, there were two calls for service (CFS). The landscaping crew set off an alarm when leaf blowing near the front doors. The other call for service was a false alarm set off by the business owner. Both calls were closed by the responding officer and did not result in a report or arrests.

Calls for service from January 1, 2025, through October 22, 2025, totaled two. Both calls were accidental alarms by the employees. Both calls were closed by the responding officer with no arrests made.

There were five calls for service from October 2025 through April 2026. Four calls for service were false or accidental alarms and closed by the responding officer. One call was to assist another agency to check security guard credentials.

It is important to remember, when responding to calls for service, the location is indexed by where the incident occurred or where the officer should respond to contact the victim. If the officer responds to the Evergreen Market parking lot or in close proximity to Evergreen Market, the business name will be indexed in the report. It does not mean a crime occurred at Evergreen Market. If no report was made, the responding officer did not find probable cause to show a crime occurred.

Annual Inspection

Page 503 of 1436 ends

Agenda Staff Report
6/9/2026
On April 23, 2026, the Police Department conducted their annual inspection. The following items were found at the inspection:

The point of sale cash drawer had the key sitting in the lock and viewable to the public. This is a security concern. The key needs to be secured by an employee or manager during business hours.

The dumpster to the business was not locked. The dumpster needs to be locked at all times when not in use to prevent people from accessing the dumpster.

Immature clone cannabis plants were left stacked outside the back door against the fence line in preparation for disposal. These plants need to be properly secured until they are disposed of per DDC regulations.

The security door to the lobby was propped open during business hours. This door needs to be secure at all times and requires key card access to open. *This occurred during the last inspection in 2025.*
The manager was not able to provide permits for all employees. The Police Department discussed the necessity of displaying all employee permits in the manager’s office for inspections.

The business has been mailed a letter noting these deficiencies and a second inspection will be conducted to ensure these items have been corrected. These items are minor in nature and can be corrected easily and, therefore, Evergreen Market dba FF Farms is in substantial compliance with the Police Department’s conditions.

Annual Review
TMC §9-5-912 directs the Planning Commission to recommend to the City Council whether the business has complied in good faith with the terms and conditions of the Development Agreement.

Proposed Amendments
Various amendments are proposed to the Development Agreement. To capture all previous amendments to the Development Agreement into one document, the City has prepared a First Amended and Restated Development Agreement. This captures the previous amendments and newly proposed amendments into this one complete Agreement.

In response to concerns from many of the dispensary operators, the City is proposing to amend the language for the public benefit amount to remove the monthly minimum payment and move to a percentage only. The percentage is set as a range up to 9% of gross receipts but proposes to set the amount required to be paid at 5.25% through May 31, 2027, at which time Council may set a new Public Benefit amount within the range. This change will cause a reduction in the overall amount the City will receive in the public benefit, but it will provide more stability and will reduce the financial strain on the cannabis operators.

This Development Agreement does not expire until July 13, 2028, but staff is proposing to amend the term of the agreement through June 30, 2029, so it is on the same schedule as the other dispensary Development Agreements.

Page 504 of 1436 ends

Agenda Staff Report
6/9/2026
Other regulations proposed to be added to the agreement include requiring remote real-time live access to the video footage of cameras installed at the businesses and requiring background checks prior to any changes in ownership or on any individual or entity every two years or at any other time upon reasonable cause. A section has been added detailing that if anyone with direct or indirect ownership or controlling interest in the project is convicted of a felony or any crime substantially related to the ownership or operation of a cannabis business, the City may terminate the Development Agreement. If given such notice, the Developer would have 180 days to complete a transfer of their interest to a transferee approved by the City.

Other proposed changes include various language cleanups and updates to current laws and regulations.

3. FISCAL IMPACT / BUDGET AMENDMENT:

Approving the amendment to remove the monthly minimum payment will result in a reduction in the public benefit amount collected annually but will provide more stability for the cannabis operators.

4. ENVIRONMENTAL DETERMINATION:

The project consists of the annual review to determine if Evergreen Market dba FF Farms has complied in good faith with the terms and conditions of the Conditional Use Permit and Development Agreement as well as a three-year time extension and miscellaneous amendments to the Development Agreement.

No changes or modifications to the site are anticipated as a result of this review; therefore, this action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the annual review, request for a time extension and various miscellaneous changes to the Development Agreement. This action will not result in direct or indirect physical changes in the environment.

5. ALTERNATIVES:

1. City Council could find The Evergreen Market dba FF Farms has not complied in good faith with the terms of the Development Agreement for the annual review.

2. City Council could propose other changes to the terms of the Development Agreement.

6. ATTACHMENTS:

1. Draft Ordinance and 1st Amended and Restated DA Evergreen

Page 505 of 1436 ends

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

WHEREAS, on June 11, 2019, the City Council of the City of Turlock (the “City Council”) adopted Ordinance No. 1255-CS to enact cannabis regulations for cannabis businesses pursuant to AUMA and MAUCRSA, by amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”); and WHEREAS, on June 11, 2019, the City adopted Ordinance No. 1255-CS amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”) to regulate the operation of commercial cannabis businesses within the City; and
WHEREAS, on February 28, 2023 the City adopted Ordinance No. 1300-CS approving a Development Agreement by and between the City and The Evergreen Market to operate a storefront retail dispensary as defined in Turlock Municipal Code Section 5.21 in strict accordance with applicable state and local law, at 101 E. Glenwood Avenue, Turlock, California, County of Stanislaus Assessor’s Parcel Number 044-022-013 (the “Project”), consistent with the General Plan, as amended; and
WHEREAS, on March 31, 2024, the City of Turlock and The Evergreen Market entered into an Assignment and Assumption Agreement; and
WHEREAS, pursuant to Section 1.9 of the Development Agreement a “Major Amendment” to the Development Agreement shall be approved by the City Council; and WHEREAS, after the public hearing held on May 7, 2026, the Planning Commission recommended the City Council make the proposed amendments to the Development Agreement and extend the term of the Development Agreement through June 30, 2029; and WHEREAS, the City Council, based on its independent review and analysis of the Planning Commission’s recommendation, oral and written testimony, and the record as a whole, finds, after due study, deliberation, and holding a public hearing, and based on its independent judgement, find that the following circumstances exist:
}
}
}
}
}
}
}
}
}
}
ORDINANCE NO. 13XX-CS INTRODUCTION AND FIRST READING OF AN

ORDINANCE AMENDING TERMS AND EXTENDING

BY AMENDMENT, THE DEVELOPMENT

AGREEMENT BETWEEN EVERGREEN MARKET

DBA FF FARMS AND THE CITY OF TURLOCK FOR

THE OPERATION OF A CANNABIS DISPENSARY
AT 101 E. GLENWOOD AVENUE, TURLOCK,
CALIFORNIA, STANISLAUS COUNTY APN 044-022-
013 THROUGH JUNE 30, 2029

Page 506 of 1436 ends

Ordinance No. 13XX-CS

Page 2 ends

1. The Project is consistent with the goals, policies, and standards of the City’s General Plan and all other applicable standards and ordinances of the City.

2. In accordance with the Development Agreement Statute, the City Council finds that the amendment to the Development Agreement:
a. Will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the City as a whole; and
b. Will not adversely affect the orderly development of property or the preservation of property values; and
c. Is consistent with the relevant provisions of Government Code Sections 65864 through 65869.5; and
d. Contains a legal description of the property.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Turlock does hereby determine:

Section 1. The recitals stated above are true and correct, and hereby incorporated herein.

Section 2. This request is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) [Project] of the CEQA guidelines. This is an organizational or administrative activity involving the request for a time extension for the Development Agreement (DA) between the City of Turlock and Evergreen Market dba FF Farms This action will not result in direct or indirect physical changes in the environment.

Section 3. The City Council of the City of Turlock approved the proposed amendments and extends the terms of the Development Agreement between the City of Turlock and Evergreen Market dba FF Farms through June 30, 2029.

Section 4. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

Section 5. Upon passage of this Ordinance, the City Manager is authorized to execute the amendment to the First Amended and Restated Development Agreement as shown in Exhibit A on behalf of the City. Within ten (10) days of the execution, but no earlier than 30 days after passage of this Ordinance, the City Clerk shall cause the amendment to the Development Agreement to be recorded in the Office of the County Recorder as provided for by Government Code section 65868.5. The amendment to the Development Agreement shall not take effect for thirty (30) days following passage and adoption of this Ordinance.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock

Page 507 of 1436 ends

Ordinance No. 13XX-CS

Page 3 ends

this 26th day of May, 2026, by the following vote:

AYES: ( )
NOES: ( )
NOT PARTICIPATING: ( )
ABSENT: ( )
SIGNED:
____________________________
Amy Bublak, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ _____________________________ Nichole Fiez, City Clerk, Katie Lucchesi, City Attorney City of Turlock, County of Stanislaus,
State of California

Page 508 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 1 of 28 ends

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Turlock
156 S Broadway
Turlock, CA 95380
Attention: City Clerk

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103

FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

THIS FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
(“Agreement”) is made and entered into this ___________________ (____) day of _________________, 2026, by and between the City o f Turlock, a California municipal corporation (“City”), and The Evergreen Market (Turlock), Inc., a California corporation (“Developer”). City and Developer may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. On October 9, 2015, Governor Jerry Brown signed three bills into law (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”). MCRSA establishes a statewide regulatory system for the cultivation, processing, transportation, testing, manufacturing and distribution of medical marijuana to qualified patients and their primary caregivers.

B. On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (“AUMA”), which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older and to tax the growth and retail sale of cannabis for nonmedical use.

C. On June 27, 2017, Governor Jerry Brown signed into law the Medicinal and AdultUse Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses.

MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity, as defined in Section 1.4 of this Agreement, may operate in a particular jurisdiction.

Page 509 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 2 of 28 ends

D. On June 11, 2019, the Turlock City Council (the “City Council”) adopted Ordinance No. 1255-CS to enact cannabis regulations as defined under Turlock Municipal Code (“T.M.C.”) Section 5.21 pursuant to AUMA and MAUCRSA; and E. On June 11, 2019, the City adopted Ordinance No. 1255-CS amending the City’s cannabis business regulations and establishing a Cannabis Business Pilot Program (the “Pilot Program”) to regulate the operation of commercial cannabis businesses within the City.

F. Developer proposed to improve, develop and use real property to operate a Cannabis Business Project, as defined below, in strict accordance with California Cannabis Laws, as defined in Section 1.4 of this Agreement and the T.M.C., as each may be amended from time to time.

G. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes City and an individual or business entity with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application.

H. On June 11, 2019, following the adoption of the Pilot Program, the City issued and circulated a request for qualifications (“RFQ”). The purpose of the RFQ was to form the basis for a selection process of qualified cannabis operators for participation in the Pilot Program. The Evergreen Market (Turlock), Inc. has completed the RFQ requirements; and
I. Developer submitted an application to the City Planning Commission Department for consideration of a development agreement for a commercial cannabis business.

J. Developer has leased property located at 101 E Glenwood Avenue, Turlock, California, County of Stanislaus Assessor’s Parcel Number 044-022-013 of which Developer improved approximately 2,677 (two thousand six hundred and seventyseven) square feet of space (the “Site”) to operate the Cannabis Business Project, more particularly described in the legal description attached hereto as Exhibit A (“Legal Description“) and the Cannabis Business Project Site Map attached hereto as Exhibit B.

K. Developer leased the Site for the purpose of carrying out the Cannabis Business Project. A copy of the lease to the Site is attached hereto as Exhibit C, within satisfaction of the requirement of T.M.C. Chapter 5.21.

Page 510 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 3 of 28 ends

L. On January 5, 2023 the Turlock Planning Commission (“Planning Commission”), in a duly noticed and conducted public hearing, considered Developer’s application for this Agreement. At that public hearing, the Planning Commission recommended the City Council adopt Ordinance No.1300-CS, which would allow Developer to operate the Cannabis Business Project at the Site.

M. On February 28, 2023, pursuant to Government Code section 65867.5, and following a duly noticed and conducted public hearing, the City Council reviewed, considered, adopted, and entered into this Agreement pursuant to Ordinance No. 1300-CS.

N. This Agreement is entered into pursuant to the Development Agreement Statute.

O. On March 31, 2024, the City of Turlock and The Evergreen Market entered into an Assignment and Assumption Agreement.

P. The City Council has determined that this Agreement is consistent with the City’s General Plan and has conducted all necessary proceedings in accordance with the T.M.C. for the approval of this Agreement.

Q. Under Section 5-21-103 of the Turlock Municipal Code, any cannabis dispensary business allowed in the City shall obtain a development agreement, a City business license, and a conditional use permit.

R. The Parties wish to enter into this First Amended and Restated Development Agreement to replace previous agreement between the Parties and to fulfill the requirement that a cannabis business requires a development agreement pursuant to TMC Section 5-21-103.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT
ARTICLE 1

GENERAL PROVISIONS
Section 1.1. Findings. City hereby finds and determines that entering into this Agreement furthers the public health, safety and general welfare and is consistent with the City’s General Plan, including all text and maps in the General Plan.

Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement. In the event of any inconsistency between the Recitals and the provisions of Articles 1 through 10 of this Agreement, the provisions of Articles 1 through 10 shall prevail.

Page 511 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 4 of 28 ends

Section 1.3. Exhibits. The following “Exhibits” are attached hereto and incorporated into this Agreement:

Designation Description
Exhibit A Cannabis Site Legal Description
Exhibit B Cannabis Business Project Site Map
Exhibit C Lease
Exhibit D Notice of Non-Performance Penalty
Exhibit E Indemnification Agreement
Exhibit F Notice of Termination
Exhibit G Assignment and Assumption Agreement
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meaning:
(a) “Additional Insureds” has the meaning set forth in Section 6.1. (b) “Additional Licenses” has the meaning set forth in Section 2.4. (c) “Adult-use cannabis” means a product containing cannabis, including, but not limited to, concentrates and extractions, intended for use by adults 21 years of age and older in California pursuant to the California Cannabis Laws. (d) “Agreement” means this Development Agreement, inclusive of all Exhibits attached hereto.
(e) “Application” has the meaning set forth in Recital G. (f) “Assignment and Assumption Agreement” has the meaning set forth in Section 10.1.
(g) “AUMA” means the Adult Use of Marijuana Act (Proposition 64) approved by California voters on November 8, 2016.
(h) “Authorized License” has the meaning set forth in Section 2.3. (i) “Department” means the Department of Cannabis Control or any successor state agency.
(j) “California Building Standards Codes” means the California Building Code, as amended from time to time, in Part 2, Volumes 1 and 2, as part of Title 24 of the California Code of Regulations, as may be adopted by the T.M.C. (k) “California Cannabis Laws” includes AUMA, MAUCRSA, CUA (as defined below), the Medical Marijuana Program Act of 2004 codified as Health and Safety Code

Page 512 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 5 of 28 ends

sections 11362.7 through 11.62.83 and any other applicable laws that may be enacted or approved.
(l) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. Cannabis and the term “marijuana” may be used interchangeably.
(m) “Cannabis Business Pilot Program” means the cannabis business program established and authorized by T.M.C. Chapter 5.21. (n) “Cannabis Business Project” means the cannabis retail business operated by Developer on the Site pursuant to the Authorized License. (o) “Cannabis Manufacturing Business” means a business engaged in commercial cannabis activity pursuant to a state approved Type 6 or 7 license, Type A and M licenses designated as a Cannabis business.
(p) “Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(q) “CEQA” means the California Environmental Quality Act, as set forth in Division 13 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines, as set forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations.
(r) “City” means the City of Turlock, a California municipal corporation having general police powers.
(s) “City Council” means the City of Turlock City Council, as defined in T.M.C.

Section 2.1.
(t) “City Manager” means the City Manager of the City of Turlock or his or her designee, as described in T.M.C. Section 2.4.
(u) “Charged Party” has the meaning set forth in Section 8.1. (v) “Charging Party” has the meaning set forth in Section 8.1

Page 513 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 6 of 28 ends

(w) “Commercial Cannabis Activity” includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis or a cannabis product that requires a state license pursuant to MAUCRSA.
(x) “Planning Commission” means the City of Turlock Planning Commission, as established by T.M.C. Section 9.5.
(y) “Conditional Use Permit” means a conditional use permit issued by City pursuant to T.M.C. Section 9.3.
(z) “CUA” means the Compassionate Use Act (Proposition 215) approved by California voters on November 5, 1996.
(aa) “Developer” means Evergreen Market, (Turlock), Inc. Developer also has the meaning set forth in Section 6.1.
(bb) “Development Agreement Statute” has the meaning set forth in Recital H. (cc) “Exhibits” has the meaning set forth in Section 1.3. (dd) "Gross Receipts from Operations" means total revenue actually received or receivable from operation of the Cannabis Business Project, including: all sales; the total amount of compensation actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:

1. Cash discounts allowed and taken on sales;

2. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as "gross receipts";

3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;

4. Such part of the sale price of property returned by purchasers upon rescission of a contract of sale as is refunded either in cash or by credit; and

Page 514 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 7 of 28 ends

5. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded.

The intent of this definition is to ensure that in calculating the payment required under Section 4.2, all sales of cannabis products through the Cannabis Business Project are captured. This definition shall therefore be given the broadest possible interpretation consistent with this intent.
(ee) “Indemnification Agreement” has the meaning set forth in Section 6.3. (ff) “Major Amendment” means an amendment that shall have a material effect on the terms of this Agreement. A Major Amendment also has the meaning set forth in Section 2.4. Major Amendments shall require approval by the City Council. (gg) “Marijuana” has the same meaning as cannabis and those terms may be used interchangeably.
(hh) “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, codified as Business and Professions Code section 26000 et seq., as may be amended from time to time.
(ii) “MCRSA” has the meaning set forth in Recital A.
(jj) “Ministerial Fee” or “Ministerial Fees” has the meanings set forth in Section

4.1. (kk) “Minor Amendment” means a clerical amendment to this Agreement that shall not materially affect the terms of this Agreement and any amendment described as minor herein. A Minor Amendment also has the meaning set forth in Section 1.7. (ll) “Mortgage” has the meaning set forth in Article 7. (mm) “Non-Performance Penalty” has the meaning set forth in Section 4.5. (nn) “Notice of Non-Performance Penalty” has the meaning set forth in Section

4.5. (oo) “Notice of Termination” has the meaning set forth in Section 9.1. (pp) “Processing Costs” has the meaning set forth in Section 1.11. (qq) “Project Litigation” has the meaning set forth in Section 10.7. (rr) “Public Benefit” has the meaning set forth in Section 4.2. (ss) “Public Benefit Amount” has the meaning set forth in Section 4.2. (tt) “State Licensing Authority” means the state agency responsible for the issuance, renewal or reinstatement of a state cannabis license or the state agency

Page 515 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 8 of 28 ends

authorized to take disciplinary action against a business licensed under the California Cannabis Laws.
(uu) “State Cannabis Regulations” means the regulations promulgated by the State Licensing Authority pursuant to the California Cannabis Laws (4 CCR 15000 et seq., or their respective successors).
(vv) “State Taxing Authority” has the meaning set forth in Section 4.2. (ww) “Subsequent City Approvals” has the meaning set forth in Section 3.1. (xx) “Term” has the meaning set forth in Section 1.7.
(yy) “TMC” means Turlock Municipal Code.
(zz) “Type 1A license” or “Specialty Indoor” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws for indoor cultivation using exclusively artificial lighting of between 501 and 5,000 square feet of total canopy size on one premises.
(aaa) “Type 2A license” or “Small Indoor” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws for indoor cultivation using exclusively artificial lighting between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises.
(bbb) “Type 3A license” or “Indoor” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws for indoor cultivation using exclusively artificial lighting between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises.
(ccc) “Type 4 license” or “Nursery” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws for cultivation. (ddd) “Type 6 license” or “Manufacturer 1” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws for manufacturing sites that produce cannabis products using nonvolatile solvents. (eee) “Type 7 license” or “Manufacturer 2” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws for manufacturing sites that produce cannabis products using volatile solvents. (fff) “Type 10 license” or “Retailer” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws authorizing the retail sale of cannabis and cannabis products. Retail sale includes sales at a storefront and by delivery, pursuant to all state and local laws and regulations. (ggg) “Type 11 license” or “Distributor” means a state license issued by the

Page 516 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 9 of 28 ends

Department of Cannabis Control pursuant to the California Cannabis Laws for the distribution of cannabis and cannabis products from manufacturer to dispensary. (hhh) “Type 12 license” or “Microbusiness” means a state license issued by a State Licensing Authority pursuant to the California Cannabis Laws relating to cannabis manufacturing, retail and distribution.
(iii) “Type 13 license” or “Distribution Transport-Only” means a state license issued by the Department of Cannabis Control pursuant to the California Cannabis Laws for distribution cannabis and cannabis products.

Conforming Interpretation of State Cannabis License References. Any reference in this Agreement to a State cannabis license, State Cannabis Regulations, licensing authority, or specific state cannabis license type or designation shall be deemed to include any successor license, permit, approval, agency, or regulation that replaces, renames, consolidates, or reclassifies such license or regulatory framework under California law, including those administered by the California Department of Cannabis Control or any successor agency.

No change in the name, number, classification, or structure of any State cannabis business license shall be construed to expand, limit, or otherwise modify the cannabis activities authorized under this Agreement, except as required by applicable state law or as expressly approved in writing by the City.

The scope of permitted commercial cannabis activities shall be determined solely by this Agreement and applicable City approvals, and not by the type, title, or designation of any state license held by Developer, unless expressly mandated by state law.

Section 1.5. Project is a Private Undertaking. The Parties agree that the Cannabis Business Project is a private development and that City has no interest therein, except as authorized in the exercise of its governmental functions. City shall not for any purpose be considered an agent of Developer or of the Cannabis Business Project.

Section 1.6. Effective Date of Agreement. This Agreement shall become effective upon the date that the ordinance approving this Agreement becomes effective (the “Effective Date”).

Section 1.7. Term. The term of this Agreement (“Term”) shall be through June 30, 2029, unless earlier terminated in accordance with the provisions of this Agreement. (a) Government Tolling or Termination. City may provide written notice to Developer to cease all Commercial Cannabis Activity, upon which Developer shall immediately comply if City is required, directed or believes, in its sole and absolute discretion, it must temporarily halt or terminate Commercial Cannabis Activity within the City to comply with federal or state law. If City temporarily halts this Agreement to comply with federal or state law, this Agreement shall be tolled for no longer than one (1) calendar year (the “Tolling Period”). Developer shall not accrue or be liable to City for any Ministerial Fees or Public Benefit Amount during the Tolling Period. Developer shall

Page 517 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 10 of 28 ends

resume paying any applicable fees after the Tolling Period ends. City and Developer shall discuss in good faith the termination of this Agreement if the Tolling Period exceeds one (1) calendar year to comply with federal or state law.
(b) Developer Tolling or Termination. Developer may not temporarily halt or terminate this Agreement for any purpose without causing a default of this Agreement, except as otherwise allowed by this Agreement or by mutual agreement of the Parties.

Section 1.8. Priority of Enactment. In the event of a conflict between the various land use documents referenced in this Agreement, the Parties agree that the following sequence of approvals establishes the relative priority of the approvals, each approval superior to the approvals listed thereafter: (a) General Plan, (b) Specific Plan, (c) Agreement, (d) Conditional Use Permit, (e) Indemnification Agreement, and (f) Subsequent City Approvals.

Section 1.9. Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing. The City Council hereby expressly authorizes the City Manager to approve a Minor Amendment to this Agreement, upon notification of the City Council. A Major Amendment to this Agreement shall be approved by the City Council. The City Manager shall, on behalf of City, have sole discretion for City to determine if an amendment is a Minor Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law.

Section 1.10. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded against the title of the Site within ten (10) business days of the Effective Date.

Section 1.11. Funding Agreement for Processing Costs. If Developer proposes an amendment to this agreement, Developer shall pay for all actual fees and expenses incurred by City that are related to the preparation and processing of amendments to this Agreement, including recording fees, publishing fees, staff time, and consultant and attorneys’ fees and costs (collectively, “Processing Costs”). Developer shall deposit monies for such processing as estimated by the Development Services Department. The Processing Costs are refundable solely to the extent of non-expended Processing Costs. (a) Accounting. Developer may request, and City shall issue within a reasonable time not to exceed thirty (30) days, an accounting and written acknowledgement of Processing Costs paid to City.

ARTICLE 2

DEVELOPMENT OF PROPERTY
Section 2.1. Vested Right of Developer. During the Term, in developing the Site consistent with the Cannabis Business Project described herein, Developer is assured that the development rights, obligation terms, and conditions specified in this Agreement, including, without limitation, the terms, conditions, and limitations set forth in the Exhibits,

Page 518 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 11 of 28 ends

are fully vested in Developer and may not be modified or terminated by City except as set forth in this Agreement or with Developer’s written consent.

Section 2.2. Vested Right to Develop. In accordance with Section 2.1, Developer shall have the vested right to develop and use the Cannabis Business Project consistent with this Agreement, the Conditional Use Permit, and Subsequent City Approvals.

Section 2.3. Permitted Uses and Development Standards. Developer shall be authorized to develop, construct, and use the Site for Commercial Cannabis Activity consistent with the following license type (the “Authorized License”):

Type 10 Storefront Dispensary
Pursuant to this Agreement, Developer shall be permitted to use the Site consistent with the Authorized License for the Term of this Agreement and during the time Developer is applying for the Authorized License with the applicable State Licensing Authority.

Developer shall begin operations of the Cannabis Business Project under the Authorized License within twelve (12) months of the issuance of a Conditional Use Permit or adoption of the operative ordinance approving this Agreement, whichever is later, unless Developer is prevented from doing so due to any event or circumstance set forth in Section 8.6 of this Agreement. Notwithstanding the foregoing, Developer is required to apply for and obtain the Authorized License from the State of California. If the State Licensing Authority does not grant the Authorized License to Developer, Developer shall immediately cease Commercial Cannabis Activity and any other operations on the respective site. Developer shall also, within thirty (30) days of receiving notice from the State Licensing Authority, notify City of the State Licensing Authority’s denial or rejection of the Authorized License. In this situation, this Agreement shall terminate immediately.

The Parties intend for this Agreement and the Conditional Use Permit to serve as the definitive and controlling documents for all subsequent actions, discretionary or ministerial, relating to development of the Site and the Cannabis Business Project.

Section 2.4. Major Amendment to Permitted Uses. Developer may request to add to the Authorized License additional license types once that license is applied for or obtained from the appropriate State Licensing Authority (the “Additional Licenses”). Such request shall be a Major Amendment to this Agreement.

Section 2.5. Conditional Use Permit. Developer shall obtain a Conditional Use Permit for the Commercial Cannabis Activity and Authorized License contemplated herein for the Project and at the Site. No Commercial Cannabis Activity may occur at the Site until Developer has obtained a Conditional Use Permit to use and operate the Authorized License at the Site. This Conditional Use Permit must be maintained in good standing throughout the Term. This Agreement shall immediately terminate if the Conditional Use Permit for the Authorized License is revoked by City for any reason.

Section 2.6. Subsequent Entitlements, Approvals, and Permits. Successful implementation of the Cannabis Business Project shall require Developer to obtain additional approvals and permits from City and other local and state agencies. City shall

Page 519 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 12 of 28 ends

comply with CEQA in the administration of all Subsequent City Approvals. In acting upon any Subsequent City Approvals, City’s exercise of discretion and permit authority shall conform to this Agreement. Notwithstanding the foregoing, in the course of taking action on the Subsequent City Approvals, City will exercise discretion in adopting mitigation measures as part of the Conditional Use Permit. The exercise of this discretion is not prohibited or limited in any way by this Agreement. Nothing in this Agreement shall preclude the evaluation of impacts or consideration of mitigation measures or alternatives, as required by CEQA.
(a) Contemplated City Rules and Guidelines. City anticipates issuing additional rules, administrative guidelines, and amendments to the T.M.C. associated with operation of the Cannabis Business Program. City may establish requirements that are identical to or place a higher standard of care as existing provisions of the California Cannabis Laws, State Cannabis Regulations, or any amendments thereto. City reserves the right to adopt additional categories of rules or guidelines that are not listed in this Section as part of the Cannabis Business Program. Developer shall comply with any and all additional rules, administrative guidelines, and amendments to the T.M.C. adopted by City that govern or pertain to the Cannabis Business Project. Nothing in this Agreement shall be construed as limiting the City to amend the T.M.C or issue rules or guidelines following the Effective Date of this Agreement that Developer will be required to adhere to.

Section 2.7. Initiatives and Referenda. If any City ordinance, rule or regulation, or addition to the T.M.C. is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement, an associated Conditional Use Permit, Subsequent City Approvals, or reduce the development rights or assurances provided to Developer in this Agreement, such T.M.C. changes shall not be applied to the Site or the Cannabis Business Project; provided, however, the Parties acknowledge that City’s approval of this Agreement is a legislative action subject to referendum. City shall cooperate with Developer and shall undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms to the fullest extent permitted by state or federal law.

Section 2.8. Regulation by Other Government Entities. Developer acknowledges that City does not have authority or jurisdiction over any other government entities’ ability to grant governmental approvals or permits or to impose a moratorium or other limitations that may negatively affect the Cannabis Business Project or the ability of City to issue a permit to Developer or comply with the terms of this Agreement. Any moratorium imposed by another government entity, including the State Licensing Authority, on City shall not cause City to be in breach of this Agreement.

Section 2.9. Developer’s Right to Rebuild. Developer may renovate portions of the Site any time within the Term of this Agreement consistent with the T.M.C. Any such renovation or rebuild shall be subject to all design, building code, and other requirements imposed on the Cannabis Business Project by this Agreement.

Page 520 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 13 of 28 ends

Section 2.10. Changes in California Building Standards Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Cannabis Business Project shall be subject to changes occurring from time to time to the California Building Standards Codes.

Section 2.11. Changes Mandated by Federal or State Law. The Site and the Cannabis Business Project shall be subject to subsequently enacted state or federal laws or regulations that may preempt the T.M.C. or mandate the adoption or amendment of local regulations or are in conflict with this Agreement or local rules or guidelines associated with the Cannabis Business Program. As provided in Section 65869.5 of the Development Agreement Statute, in the event state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, City or Developer shall provide the other Party with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the T.M.C. or this Agreement. Promptly thereafter, City and Developer shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, City and Developer will attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, determines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer’s proposed changes to the Cannabis Business Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement.

Section 2.12. Health and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to the Cannabis Business Project contemplated by this Agreement, City agrees that it shall attempt, if reasonably possible as determined by City in its discretion, to address such emergency in a way that does not have a material adverse impact on the Cannabis Business Project. If City determines, in its discretion, that it is not reasonably possible to so address such health and safety emergency in a way that does not have a material adverse impact on the Cannabis Business Project, City may select an option which, in its discretion, minimizes, so far as reasonably possible, the impact on development and use of the Cannabis Business Project in accordance with this Agreement, while still addressing such health and safety emergency in a manner acceptable to City.

Section 2.13. Other Regulations. The following provisions establish operational requirements applicable to this Agreement in furtherance of public safety and to ensure

Page 521 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 14 of 28 ends

compliance with applicable regulations governing the Project and Developer’s obligations hereunder.
(a)In addition to other requirements, remote and real-time, live access to the video footage of cameras installed by the cannabis business shall be provided to the Chief of Police or his/her designee(s) using such software as designated by the Chief of Police.

Developer shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City's software and hardware. Such access shall be required within 120 days of approval of this agreement.
(b)Prior to changes in ownership, ownership structure, and management, or any sale or other transfer of the cannabis business, shall be subject to additional background checks as required by the Turlock Police Department, and passage by the applicant of such background checks. The City may repeat background checks on any individual every two (2) years, and at any other time upon reasonable cause.

ARTICLE 3

ENTITLEMENT AND PERMIT PROCESSING, INSPECTIONS
Section 3.1. Subsequent City Approvals. City shall permit the development, construction, and conditionally permitted use contemplated in this Agreement. City agrees to timely grant, pursuant to the terms of this Agreement, the T.M.C., and any Subsequent City Approvals reasonably necessary to complete the goals, objectives, policies, standards, and plans described in this Agreement. The Subsequent City Approvals shall include any applications, permits, and approvals required to complete the improvements necessary to develop the Site, in general accordance with this Agreement (“Subsequent City Approvals”). Nothing herein shall require City to provide Developer with Subsequent City Approvals prior to, or without complying with, all of the requirements in this Agreement, the T.M.C., and any applicable state law.

Section 3.2. Timely Processing. City shall use its reasonable best efforts to process and approve, within a reasonable time, any Subsequent City Approvals or environmental review requested by Developer during the Term of this Agreement.

Section 3.3. Cooperation Between City and Developer. Consistent with the terms set forth herein, City agrees to cooperate with Developer, on a timely basis, in securing all permits or licenses that may be required by City or any other government entity with permitting or licensing jurisdiction over the Cannabis Business Project.

Section 3.4. Further Consistent Discretionary Actions. The exercise of City's authority and independent judgment is recognized under this Agreement and nothing in this Agreement shall be interpreted as limiting City’s discretion or obligation to hold legally required public hearings. Except as otherwise set forth herein, such discretion and action taken by City shall, however, be consistent with the terms of this Agreement and not prevent, hinder, or compromise development or use of the Site as contemplated by the Parties in this Agreement.

Page 522 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 15 of 28 ends

Section 3.5 Existing Pole Sign. Developer agrees that it shall not utilize the existing pole sign along the East Glenwood frontage of the Site.

ARTICLE 4

PUBLIC BENEFIT, PROCESSING, AND OVERSIGHT
Section 4.1. Processing Fees and Charges. Developer shall pay to City those processing, inspection, plan checking and monitoring fees and charges required by City which are in force and effect at the time those fees and charges are incurred (including any post-Effective Date increases in such fees and charges) for processing applications and requests for building permits, inspections, other permits, approvals and actions, and monitoring compliance with any permits issued or approvals granted or the performance of any conditions (each a “Ministerial Fee” and collectively, the “Ministerial Fees”).

Section 4.2. Public Benefit.
(a) The Parties acknowledge and agree that this Agreement, and the Cannabis Business Project, confers substantial private benefits upon Developer that will place burdens upon City infrastructure, services, and neighborhoods. Accordingly, the Parties intend to provide consideration to City to offset these impacts that commensurate with the private benefits conferred on Developer (the “Public Benefit”).

In consideration of the foregoing, Developer shall remit to City an amount determined and set by the City Council up to a maximum of nine percent (9%) of Gross Receipts from Operations. (the “Cannabis Business Public Benefit” or “Public Benefit Amount”).

Notwithstanding the foregoing, the City Council determines and sets the Public Benefit Amount at five and one-quarter percent (5.25%) of gross receipts from operations through May 31, 2027. The City Council may take any actions required to change the Public Benefit Amount that will be in effect from June 1, 2027 and thereafter. Such actions may include, without limitation, setting a new Public Benefit Amount by adopted resolution of the Council. Any such Public Benefit Amount shall be due on the 5th day of each month before 5:00 p.m..
(b) The above public benefit amounts include a one-quarter percent (.25%) dollar amount dedicated to supporting the City of Turlock juvenile drug and alcohol treatment and rehabilitation programs.
(c) Developer shall file an applicable statement that complies with the California State Board of Equalization, California Department of Tax and Fee Administration, or either’s successor agency (the “State Taxing Authority”) for sales tax purposes showing the true and correct amount of Gross Receipts from Operations of the Cannabis Business Project during the applicable time period. Developer shall provide a copy of such statement to City upon request by City.

Section 4.3. Reporting. Developer shall provide City with copies of any reports provided to a State Licensing Authority within forty-five (45) days of that submission.

Any failure or refusal of Developer to provide any statement or report to City, the State Taxing Authority, or any other State Licensing Authority, as required within the time required, or to pay such sums due hereunder when the same are due and payable in

Page 523 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 16 of 28 ends

accordance with the provisions of this Agreement, may constitute full and sufficient grounds for the revocation or suspension of the Conditional Use Permit.

Section 4.4. Records. Developer shall keep records of all Commercial Cannabis Activity in accordance with Chapter 16 (commencing with Section 26160) of Division 10 of the Business and Professions Code and the applicable State Cannabis Regulations.

All records required by this Section shall be maintained and made available for City’s examination and duplication (physical or electronic) at the Site or at an alternate facility as approved in writing by the City Manager, or his or her designee.

Section 4.5. Penalty. Developer acknowledges that to ensure proper compliance with the terms of this Agreement and any applicable laws, City must engage in costly compliance review, inspections, and, if necessary, enforcement actions to protect the health, safety, and welfare of its residents. Penalty and interest provisions are necessary to assist City in compliance review and enforcement actions. If Developer fails to make any payment when due, as required by this Agreement, including the Public Benefit Amount, City may impose a “Non-Performance Penalty.” A Non-Performance Penalty of ten percent (10%) shall be applied to all past due payments. City shall deliver to Developer a “Notice of Non-Performance Penalty,” attached hereto as Exhibit D.

Payment of the Non-Performance Penalty shall be in a single installment due on or before a date fifteen (15) days following delivery of the Notice of Non-Performance Penalty.

Section 4.6. Interest on Unpaid Non-Performance Penalty. If Developer fails to pay the Non-Performance Penalty after City has delivered the Notice of Non-Performance Penalty, then, in addition to the principal amount of the Non-performance Penalty, Developer shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non-Performance Penalty, from a date fifteen (15) days following delivery of the Notice of Non-performance Penalty.

Section 4.7. Protections from Duplicative Payments . Notwithstanding Section 4.2, Developer shall be exempt from paying the Public Benefit Amount if the City imposes a tax specific to commercial cannabis businesses and instead shall pay such specific tax.

Notwithstanding the foregoing, Developer and the Cannabis Business Project shall be subject to any and all taxes, assessments, or similar charges or fees of general applicability enacted by the federal government, state government, County of Stanislaus, including any tax applicable to an area greater than the City limits to which City may be a party (i.e., county tax sharing agreement with City).

ARTICLE 5

PUBLIC FACILITIES, SERVICES, AND UTILITIES
City shall use the Public Benefit Amount in any way the City Council deems appropriate to offset the impact of the Project or to benefit the City.

ARTICLE 6

INSURANCE AND INDEMNITY

Page 524 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 17 of 28 ends

Section 6.1. Insurance. Developer shall require all persons doing construction or related work on the Cannabis Business Project and, including its contractors and subcontractors (collectively, “Developer” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this Article with carriers reasonably satisfactory to City.
(a) General Liability Insurance. Developer shall maintain commercial general liability insurance or equivalent form with a limit of not less than Two Million Dollars ($2,000,000) (or as otherwise approved, in writing, by City) per claim and Two Million Dollars ($2,000,000) each occurrence. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insured.
(ii) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives. (iii) Contain standard separation of insured provisions. (b) Automotive Liability Insurance. Developer shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as Additional Insureds by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed Additional Insureds. (ii) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives. (iii) Contain standard separation of insured provisions. (c) Workers’ Compensation Insurance. Developer shall take out and maintain during the Term of this Agreement, workers’ compensation insurance for all of Developer’s employees employed at or on the Cannabis Business Project and, should any of the work be subcontracted, Developer shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Developer. In case any class of employee engaged in work on the Cannabis Business Project and is not protected under any workers’ compensation law, Developer shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Developer hereby indemnifies City for any damage resulting from failure of Developer, its agents,

Page 525 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 18 of 28 ends

employees, contractors or subcontractors to take out or maintain such insurance.

Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) for each accident shall be maintained by Developer.

Section 6.2. Other Insurance Requirements. Developer shall do all of the following:
(a) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidence all insurance required in this Article, including evidence that such insurance will not be canceled, allowed to expire or materially reduced in coverage without thirty (30) days prior written notice to City. (b) Provide to City, upon request, and within seven (7) days of said request, certified copies of endorsements and policies and properly executed certificates of insurance evidencing the insurance required herein.
(c) Replace or require the replacement of certificates, policies, and endorsements for any insurance required herein expiring prior to the termination of this Agreement.
(d) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the Term or the mutual written termination of this Agreement.
(e) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.

Section 6.3. Indemnity. To the fullest extent permitted by law, Developer shall defend, indemnify, and hold harmless City, and its agents, elected and appointed officials, officers, employees, consultants, and volunteers (collectively, “City’s Agents”) from any and all liability arising out of a claim, action, or proceeding against City or City’s Agents, to attack, set aside, void, or annul an approval concerning the Cannabis Business Project and this Agreement, any applicable Conditional Use Permit or Subsequent City Approvals. Developer shall execute the indemnification agreement (“Indemnification Agreement”) attached hereto as Exhibit E.

Section 6.4. Failure to Indemnify; Waiver. Failure by Developer to indemnify City, when required by this Agreement and the Indemnification Agreement, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit and Subsequent City Approvals, which shall entitle City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify shall constitute grounds upon which City may rescind its approval of any applicable Conditional Use Permit. Developer’s failure to indemnify City shall be a waiver by Developer of any right to proceed with the Cannabis Business Project or any portion thereof, and a waiver of Developer’s right to file a claim, action, or proceeding against City or City’s Agents, based on City’s rescission or revocation of any Conditional Use Permit, Subsequent City Approvals, or City’s failure to defend any claim, action, or proceeding based on Developer’s failure to indemnify City.

Page 526 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 19 of 28 ends

Section 6.5. Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from Developer and, therefore, Developer hereby waives all claims for damages against City for breach of this Agreement.

Developer further acknowledges that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council's discretion to vote in any particular way may not be constrained by contract. Developer therefore waives all claims for damages against City in the event that this Agreement or any Project approval is: (1) not approved by the City Council; or (2) is approved by the City Council but with new changes, amendments, conditions, or deletions to which Developer is opposed. Developer further acknowledges that, as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City in this regard.

ARTICLE 7

MORTGAGEE PROTECTION
This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Site or any portion thereof following recording of this Agreement, including the lien of any deed of trust or mortgage (“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. This Agreement shall immediately be deemed in default and immediately terminate upon the foreclosure or transfer of any interest in the Site or Project, whether by operation of law or any other method of interest change or transfer, unless the City Manager has authorized such change or transfer in advance, in writing. City agrees to not unreasonably withhold its authorization.

ARTICLE 8

DEFAULT
Section 8.1. General Provisions.
(a) Subject only to any extensions of time by mutual consent in writing, or as otherwise provided herein, the failure or delay by any Party to perform in accordance with the terms and provisions of this Agreement shall constitute a default. Any Party alleging a default or breach of this Agreement (“Charging Party”) shall give the other Party (“Charged Party”) not less than ten (10) days written notice, which shall specify the nature of the alleged default and the manner in which the default may be cured. During any such ten (10) calendar day period, the Charged Party shall not be considered in default for purposes of termination of this Agreement or institution of legal proceedings for the breach of this Agreement.
(b) After expiration of the ten (10) calendar day period, if such default has not been cured or is not in the process of being diligently cured in the manner set forth in the notice or if the breach cannot reasonably be cured within ten (10) days, the Charging

Page 527 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 20 of 28 ends

Party may, at its option, institute legal proceedings pursuant to this Agreement, and give notice of its intent to terminate this Agreement pursuant to Government Code section 65868. In the event City is the Charging Party, City may, in its sole discretion, give notice, as required by law, to the Charged Party of its intent to revoke or rescind any operable Conditional Use Permit related to or concerning the Cannabis Business Project. (c) Prior to the Charging Party giving notice to the Charged Party of its intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review by City in the manner set forth in Government Code sections 65865, 65867 and 65868 within thirty (30) days from the expiration of the ten (10) day notice period.
(d) Following consideration of the evidence presented and said review before City, and after providing the Charged Party an additional five (5) calendar day period to cure, the Charging Party may institute legal proceedings against the Charged Party or may give written notice of termination of this Agreement to the Charged Party. (e) Evidence of default may arise in the course of a regularly scheduled periodic review of this Agreement pursuant to Government Code section 65865.1, as set forth in Section 8.2. If any Party determines that another Party is in default following the completion of the normally scheduled periodic review, without reference to the procedures specified in Section 8.1(c), said Party may give written notice of termination of this Agreement, specifying in the notice the alleged nature of the default and potential actions to cure said default where appropriate. If the alleged default is not cured in ten (10) days or within such longer period specified in the notice or the defaulting Party is not diligently pursuing a cure, or if the breach cannot reasonably be cured within the period or the defaulting Party waives its right to cure such alleged default, this Agreement may be terminated by the non-defaulting Party by giving written notice. An extension of the ten (10) day cure period may be given by mutual consent of the Parties. (f) In the event Developer is in default under the terms and conditions of this Agreement, no permit application shall be accepted by City, nor will any permit be issued to Developer until the default is cured or the Agreement is terminated.

Section 8.2. Annual Review. City shall, at least every twelve (12) months during the Term of this Agreement, review the extent of good faith, substantial compliance of Developer and City with the terms of this Agreement. Such periodic review by City shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section 65865.1. City shall deposit in the mail or fax to Developer a copy of all staff reports and, to the extent practical, related exhibits concerning this Agreement or the Cannabis Business Project’s performance, at least seven (7) days prior to such periodic review. Developer shall be entitled to appeal a determination of City or the City Manager to the City Council. Any appeal must be filed within ten (10) days of the decision of City or the City Manager, respectively. Developer shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before City, the City Manager, or the City Council, as applicable. The reasonable cost for

Page 528 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 21 of 28 ends

City's annual review of this Agreement shall be paid by Developer, not to exceed the actual costs incurred by City in connection with the review.

Section 8.3. Estoppel Certificate.
(a) City shall, with at least twenty (20) days prior written notice, execute, acknowledge, and deliver to Developer, Developer’s lender, potential investors, or assignees, an Estoppel Certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement, and that the Agreement has not been modified or terminated and is enforceable in accordance with its terms and conditions.
(b) At Developer’s option, City’s failure to deliver such Estoppel Certificate within the stated time period shall be conclusive evidence that the Agreement is in full force and effect, that there are no uncured breaches or defaults in Developer’s performance of the Agreement or violation of any City ordinances, regulations, and policies regulating the use and development of the Site, the Cannabis Business Project, or the subject to this Agreement.

Section 8.4. Default by City. In the event City does not accept, review, approve, or issue any permits or approvals in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that Developer shall not be obligated to proceed with or complete the Cannabis Business Project and shall constitute grounds for termination or cancellation of this Agreement by Developer.

Section 8.5. Cumulative Remedies of Parties. In addition to any other rights or remedies, City or Developer may institute legal or equitable proceedings to cure, correct, or remedy any default, enforce any covenant, or enjoin any threatened or attempted violation of the provisions of this Agreement, so long as any such action conforms to Section 9.1(c) of this Agreement.

Section 8.6. Forced Delay, Extension of Times of Performance. Delays in performance, by either Party, shall not be deemed a default if such delays or defaults are due to war, terrorism, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed where mandated by governmental entities other than City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, litigation, or other force majeure events. An extension of time for such cause shall be in effect for the period of forced delay or longer, as may be mutually agreed upon.

Section 8.7. Appeals. Developer may appeal any adverse decision or action of City pursuant to the T.M.C, as may be amended from time to time.

Page 529 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 22 of 28 ends

ARTICLE 9

TERMINATION
Section 9.1. Termination. This Agreement shall terminate upon the expiration of the Term, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination in substantial conformance with the “Notice of Termination” attached hereto as Exhibit F, and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.

Section 9.2. Effect of Termination on Developer’s Obligations. Termination of this Agreement shall eliminate any further obligation of Developer to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Developer to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.

Section 9.3. Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.

Section 9.4. Survival After Termination. The rights and obligations of the Parties set forth in this Section 9.4, Section 2.8, Section 6.3, Section 10.3, Section 10.4, Section

10.5, Section 10.7, and Section 10.10, and any right or obligation of the Parties in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

Section 9.5. Criminal Conviction; Termination; Transfer Rights. If Developer, or any owner, officer, director, manager, or person with a direct or indirect ownership or controlling interest in Developer, is convicted of a felony or any crime substantially related to the ownership or operation of a cannabis business, the City may, in its sole and absolute discretion, terminate this Agreement upon written notice. A “conviction” includes a guilty or nolo contendere plea and is deemed final upon entry of judgment, regardless of appeal.

Following such notice, Developer shall have a one hundred and eighty (180) day period to complete a transfer of its interest in this Agreement and the Project to a transferee approved in advance and in writing by the City. Approval is in the City’s sole and absolute discretion. Any proposed transferee shall undergo a background investigation and meet all applicable eligibility requirements, including approval by the Chief of Police or designee.

If an approved transfer is not completed within the one hundred and eighty (180) day period, this Agreement shall automatically terminate. Any unapproved transfer is void.

Page 530 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 23 of 28 ends

ARTICLE 10

OTHER GENERAL PROVISIONS
Section 10.1. Assignment and Assumption. Developer shall not have the right to sell, assign or transfer all or any part of its rights, title, and interests in all or a portion of the Site or Project, subject to or a part of this Agreement, to any person, firm, corporation or entity during the Term of this Agreement without the advance written consent of the City Manager. This assignment prohibition applies to the corporate and business entities of Developer that are a Party to this Agreement. Any assignment or transfer prohibited by this Agreement will be considered an immediate breach of this Agreement and City may elect to immediately terminate this Agreement. If the City Manager approves an assignment or transfer of any interest detailed in this Section 10.1, City and Developer shall execute an “Assignment and Assumption Agreement” in the form attached hereto as Exhibit G.

Section 10.2. Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of interest in the Site or Project, whether by operation of law or in any manner whatsoever.

All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law, including California Civil Code section 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Cannabis Business Project and, as appropriate, runs with the Site and is binding upon Developer.

Section 10.3. Notices. Any notice or communication required hereunder between City and Developer must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday, or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent; or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. 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:

Page 531 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 24 of 28 ends

If to City: City of Turlock
156 S. Broadway
Turlock, CA 95380
Attention: City Manager
and Katie Lucchesi, City Attorney
156 S. Broadway
Turlock, CA 95380
If to Developer: Jose Rodrigues

4242 East Valley Road
Renton, WA 98057
Section 10.4. Governing Law and Binding Arbitration. The validity, interpretation, and performance of this Agreement shall be controlled by and construed pursuant to the laws of the state of California. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by binding arbitration in Sacramento, California, before one arbitrator. The arbitration shall proceed pursuant to the Comprehensive Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (“JAMS”). Judgment on the award may be entered in any court having jurisdiction thereof.

Section 10.5. Invalidity of Agreement/Severability. If this Agreement, in its entirety, is determined by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any term or provision of this Agreement shall be determined by an arbitrator or court of competent jurisdiction to be invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 10.6. Cumulative Remedies. In addition to any other rights or remedies, City and Developer may institute legal or equitable proceedings to cure, correct, or remedy any default, to specifically enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of the provisions of this Agreement. The prevailing Party in any such action shall be entitled to reasonable attorneys’ fees and costs.

Page 532 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 25 of 28 ends

Notwithstanding the foregoing or any other provision of this Agreement, in the event of City default under this Agreement, Developer agrees that it may not seek, and shall forever waive any right to, monetary damages against City, but excluding, therefrom, the right to recover any fees or charges paid by Developer in excess of those permitted hereunder.

Section 10.7. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity challenging this Agreement or any associated entitlement, permit, or approval granted by City to Developer for the Cannabis Business Project (collectively, “Project Litigation”), the Parties agree to cooperate with each other as set forth herein. City may elect to tender the defense of any lawsuit filed and related, in whole or in part, to Project Litigation with legal counsel selected by City.

Developer will indemnify, hold City harmless from, and defend City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, damages, attorneys’ fees, and expenses of litigation awarded to the prevailing Party or Parties in such litigation. Developer shall pay all litigation fees to City within thirty (30) days of receiving a written request and accounting of such fees and expenses from City.

Notwithstanding the aforementioned, City may request, and Developer will provide to City within seven (7) days of any such request, a deposit to cover City’s reasonably anticipated Project Litigation fees and costs.

Section 10.8. Constructive Notice and Acceptance. Every person who, after the Effective Date and recording of this Agreement, owns or acquires any right, title or interest to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

Section 10.9. Statute of Limitations and Laches. City and Developer agree that each Party will undergo a change in position in detrimental reliance upon this Agreement from the time of its execution and subsequently. The Parties agree that Section 65009(c)(1)(D) of the California Government Code, which provides for a ninety (90) day statute of limitations to challenge the adoption of this Agreement, is applicable to this Agreement.

In addition, any person who may challenge the validity of this Agreement is hereby put on notice that, should the legality or validity of this Agreement be challenged by any third party in litigation, which is filed and served more than ninety (90) days after the execution of this Agreement, City and Developer shall each assert the affirmative defense of laches with respect to such challenge, in addition to all other available defenses. This Section in no way limits the right of a Party, claiming that the other Party breached the terms of this Agreement, to bring a claim against the other Party within the four (4) year statute of limitations set forth in Section 337 of the California Civil Code.

Section 10.10. Joint and Several Liability. Developer shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement or failure to pay by one Party shall also constitute a breach of this Agreement by the other

Page 533 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 26 of 28 ends

Party. Developer agrees that City may impose a lien and seek foreclosure on any parcel of the Site due to any default by Developer.

Section 10.11. Change in State Regulations. In no event shall Developer operate the Cannabis Business Project in violation of the Agreement, or State Cannabis Regulations, as may be amended from time to time.

Section 10.12. Standard Terms and Conditions.
(a) Venue. Venue for all legal proceedings shall be the JAMS Resolution Center in Sacramento, California.
(b) Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving. (c) Completeness of Instrument. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto. Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied.
(d) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, written, electronic, or oral, between the Parties hereto with respect to the Site or Cannabis Business Project.
(e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
(f) Number and Gender. In this Agreement, the neuter gender includes the feminine and masculine, and the singular includes the plural, and the word “person” includes corporations, partnerships, firms, or associations, wherever the context requires. (g) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(h) Term Includes Extensions. All references to the Term of this Agreement shall include any extensions of such Term.
(i) 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.

Page 534 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 27 of 28 ends

(j) Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement. (k) Time is of the Essence. Time is of the essence in this Agreement in each covenant, term, and condition herein.
(l) 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 this Agreement had been fully complied with. Further, by entering into this Agreement, no 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.
(m) Document Preparation. This Agreement will not be construed against the Party preparing it but will be construed as if prepared by all Parties. (n) Advice of Legal Counsel. 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.
(o) Attorneys’ Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ 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. (p) Calculation of Time Periods. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.

SIGNATURES ON FOLLOWING PAGE

Page 535 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Page 28 of 28 ends

IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the Effective Date of the Agreement, as defined above. “CITY”
CITY OF TURLOCK, a
California municipal corporation
By:

Christopher Fisher
Acting City Manager
Dated:

Attest:

By:

Nichole Fiez
City Clerk
Approved as to Form
By
Katie Lucchesi
City Attorney
“DEVELOPER”

THE EVERGREEN MARKET (TURLOCK),
INC., a California corporation
By:

Jose Rodrigues
Its: Owner
Dated:

Page 536 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND EVERGREEN MARKET (TURLOCK), INC.

California All-Purpose Acknowledgment
State of California )
)
County of )
On , before me , a Notary
Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.

(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Page 537 of 1436 ends

DEVELOPMENT AGREEMENT
CITY OF TURLOCK AND EVERGREEN MARKET (TURLOCK), INC.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.

Page 538 of 1436 ends

CANNABIS SITE LEGAL DESCRIPTION
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit A
Exhibit A
Cannabis Site Legal Description

Page 539 of 1436 ends

CANNABIS SITE LEGAL DESCRIPTION
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit A

Page 540 of 1436 ends

CANNABIS BUSINESS PROJECT SITE MAP
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit B
Exhibit B
Cannabis Business Project Site Map

Page 541 of 1436 ends

CANNABIS BUSINESS PROJECT SITE MAP
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit B

Page 542 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C
Exhibit C
Site Lease

Page 543 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 544 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 545 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 546 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 547 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 548 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 549 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 550 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 551 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 552 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 553 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 554 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 555 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 556 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 557 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 558 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 559 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 560 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 561 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 562 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 563 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 564 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 565 of 1436 ends

SITE LEASE
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit C

Page 566 of 1436 ends

NOTICE OF NON-PERFORMANCE PENALTY
CITY OF TURLOCK AND THE EVERGREEN MARKET (TURLOCK), INC.

Exhibit D
Exhibit D
Notice of Non-Performance Penalty

DATE: _________________, 20__
PARTIES: CITY OF TURLOCK
156 S Broadway
Turlock, CA 95380
Attention: City Manager

DEVELOPER
Evergreen Market (Turlock), Inc.
4242 East Valley Road
Renton, WA 98057
Attention: Jose Rodrigues

THIS NOTICE OF NON-PERFORMANCE PENALTY (“Penalty Notice”) is being executed by the City of Turlock, a California municipal corporation (“City”), with reference to the following.

A. By Instrument No. _____________, which was recorded in the Official Records of Stanislaus County, California, on ________________, 20__, City recorded a development agreement between City and Evergreen Market (Turlock), Inc., a California corporation (“Developer”), dated ______________, 20__ (the “Development Agreement”), relating to the development and operation of a cannabis business.

B. Pursuant to Section 4.2 of the Development Agreement, Developer agrees to pay to City a Public Benefit on the first business day of each month during the Term of the Development Agreement.

C. On ________, 20__, the Public Benefit was due to City by Developer. City did not receive payment.

D. Pursuant to Section 4.5 of the Development Agreement, if Developer fails to make payment when it is due, City may impose a penalty of ten percent (10%) of the total of the past due amounts (“Penalty”). As of ____________, 20__, the past due amount equals $_________. The Penalty owed by Developer equals $____________ (“Penalty Amount”).

E. Pursuant to Section 4.5 of the Development Agreement, Developer shall make payment of the Penalty Amount in a single installment due within fifteen (15) days of delivery of this Penalty Notice (“Penalty Due Date”).

Page 567 of 1436 ends

Turlock City CouncilJune 9, 2026

Turlock City Council
June 9, 2026