Wildomar City Council
November 9, 2022

Depository
Wells Fargo will perform its obligation in accordance with: (i)applicable Federal laws, (ii) applicable State laws and regulations to the extent, in Wells Fargo’s opinion, compliance would not conflict with applicable Federal laws or banking practice or its own policies and procedures and (iii) Wells Fargo’s Service Documentation, which governs the accounts and services to be provided [and has been included with Wells Fargo’s response to this RFP].

Requirement;
Pages 14-27: Agreement for Services
Upon award of business, Wells Fargo will negotiate and enter into mutually acceptable agreements with CITY OF WILDOMAR in connection with the deposit and treasury management products and services requested under the RFP. Wells Fargo’s right to negotiate all contract terms upon award of business will not be affected or diminished by any language in the RFP, including language that purports to require specific comments (or to prohibit general exceptions) to CITY OF WILDOMAR’s contractual requirements or to bind Wells Fargo to CITY OF WILDOMAR’s contractual requirements unless specifically commented upon. Wells Fargo has included with its response copies of its account and service documentation for the deposit and treasury management products and services requested in the RFP, which we require to serve as or be incorporated into any final agreement.

AGREEMENT FOR SERVICES

and Method of Payments;

Provider’s Books and Records
Wells Fargo cannot allow audits or inspections of its data center, facilities, systems, networks or equipment for security and confidentiality reasons.

Wells Fargo can allow audits of relevant records with reasonable prior notice during normal business hours in accordance with Wells Fargo’s policies for the purpose of verifying the accuracy of amounts charged or compliance with contractual financial and record-keeping requirements. 281
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Page_Section Description

Documents
Wells Fargo will provide customary data and reports associated with the requested services. However, Wells Fargo is a service provider, and is not delivering “work product”. Wells Fargo will retain all ownership and related rights in its intellectual property (including, but not limited to, systems, software and hardware, regardless of location or date of development), used or developed in connection with the requested services, now and hereafter.

Applicable Laws

Wells Fargo will comply with applicable (i)Federal laws, and (ii) State laws and regulations to the extent, in Wells Fargo’s opinion, compliance would not conflict with applicable Federal laws or banking practice or its own policies and procedures.

Pages 7-8: Section 15 Confidential
Information; Release of Information
The Confidential Information provision shall be replaced in its entirety with the following:

The Bank will keep Confidential Information (meaning all non-public, confidential or proprietary information of Customer that is disclosed to Bank during the term of the Contract by Customer or any of its officers, employees, agents or representatives in connection with the provision of banking services, and includes, without limitation, all financial, technical or business information relating to Company, including trade secrets, research and development test results, marketing or business plans, strategies, forecasts, budgets, projections, customer and supplier information, and any other analyses, computations or studies prepared by or for Company.) confidential, and will not disclose Confidential Information to any person or entity, except disclosures:
(a) to federal and state bank examiners, and other regulatory officials having jurisdiction over Bank;
(b) to (i) Bank's Representatives (including, without limitation, all other banks and companies affiliated with Wells Fargo & Company, and their legal counsel, auditors, and other professional advisors retained by Bank or its affiliates who need to know the Confidential Information for purposes of the Evaluation), and (ii) any rating agency of Bank, provided that each such individual or entity is informed of the confidential nature of the Confidential Information, and agrees to treat the Confidential Information as confidential in accordance with terms and conditions no less protective than as set forth in this Agreement;
(c) required by law or legal process in the opinion of Bank's Representatives; or
(d) otherwise authorized in writing by Customer.

In the event that Bank or any of its Representatives is, in the opinion of Bank's counsel, required by applicable law to disclose any Confidential Information, then Bank, unless prohibited by law, will provide notice of the legal process to Customer so that Customer, at its sole option (but without obligation to do so), and at its sole expense, may attempt to seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement.
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Page_Section Description
Pages 8-9: Section 16 (a-d)
Indemnification;
Pages 11-12: Section 25 Authority to
Execute
This Section shall be replaced in its entirety with the following; During the term of this Agreement, Wells Fargo will indemnify, defend and hold harmless the Customer and its officers, directors, employees, agents and assigns (the “Indemnified Parties”) from and against all losses or damages (collectively, “Losses”) arising out of, resulting from or relating to the performance of the services provided hereunder which are, in each case, directly caused in whole or in part by the negligent or intentional misconduct of Wells Fargo or any of its officers, directors, employees, agents, subcontractors or assigns, except to the extent such Losses are caused by the negligence or intentional misconduct of the Customer. In no event will Wells Fargo be liable for any indirect, special, consequential or punitive damages, whether or not the likelihood of such damages was known to Contractor, and regardless of the form of the claim or action or the legal theory on which it is based. Wells Fargo’s liability under this indemnity will be limited to an amount not to exceed 10 times Wells Fargo fees incurred during the calendar month immediately preceding the calendar month in which such loss or damages were incurred (or, if no Wells Fargo fees were incurred in such month, Wells Fargo fees incurred in the month in which the losses or damages were incurred).

Pg. 9 Section 17 Insurance Service Provider agrees to obtain and maintain in full force and effect during th
e term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request

contract without consent in connection with a merger, acquisition or corporate restructuring involving Wells Fargo.

Personnel
Wells Fargo is proud of the experience and caliber of all its team members.

While Wells Fargo may consider reasonable Customer requests to place, modify, or change key project team members, Wells Fargo necessarily retains and reserves the sole discretion and decision-making authority with regard to the above and may make related decisions for any reason, with or without prior notice. If the Customer reasonably determines, in good faith, that Wells Fargo has provided personnel that do not meet the requirements of this Agreement, the Customer will notify Wells Fargo and the Parties will promptly meet to discuss and attempt to resolve the Customer’s concerns. Notwithstanding the above, Wells Fargo will staff the project with team members who, in its discretion, are appropriately experienced and qualified for the project’s scope of work.

and Implementation;

Wells Fargo submits that any amendments to the Agreement shall be mutually agreed upon by the parties in writing.

Pages 12-13: Section 30 Law to
Govern; Venue
Wells Fargo requires that in addition to a designated state law, which we are willing to negotiate upon award of business, Wells Fargo also requires that the governing law provision to be included in the final contract also include federal law and regulations.
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Page_Section Description

Costs and Expenses
Wells Fargo will use commercially reasonable efforts to provide assistance in the event of litigation resulting from the work performed by Wells Fargo pursuant to this RFP--subject to approval by Wells Fargo’s legal advisors.

Any such assistance shall be provided at the CITY OF WILDOMAR’S sole expense.

Wells Fargo Service Documentation which governs the accounts and services to be provided will need to be part of the final contract. Wells Fargo is willing to discuss the order of precedence of any of CITY OF WILDOMAR’s additional documents upon award of the contract.

Pg. 20 Exhibit C, Insurance
Requirements

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.

Pg. 21, Waiver of Subrogation Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation as respects to general liability and auto liability which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.

Note: Wells Fargo only agrees to waive subrogation rights on general liability and auto liability

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
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Page_Section Description
Pg. 22 Verification of Coverage, Special
Risks or Circumstances
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

COLLATERAL
Since the City of Wildomar is in California, the City will continue to be collateralized under the California Local Pool Program administered by the pool administrator and will be collateralized according to State Statue.

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Merchant Services RFP Legal Disclosures
Legal entity and contracting parties
Wells Fargo Merchant Services, L.L.C. is an alliance between Wells Fargo Bank, N.A. and First Data Merchant Services, L.L.C.

Any agreement for Merchant Services will be entered into between City of Wildomar and Wells Fargo Merchant Services, L.L.C. and Wells Fargo Bank, N.A. (collectively referred to as “Wells Fargo” with regards to Merchant Services). This Agreement is separate from any new or existing agreements between the City of Wildomar (the City) and Wells Fargo Bank, N.A. for banking or treasury management services. Furthermore, the Merchant Processing Agreement is separate from agreements for those services, including agreements for any proposed or existing treasury management services used in addition to, or in conjunction with, merchant processing services.

Disclosures
Our proposal is intended to be a description of the services we can provide in response to the requirements described in the request for proposal (RFP). If our proposal is accepted in principle, we are willing to negotiate mutually acceptable terms and conditions that shall govern our Merchant Services relationship with the City. However, by responding to the RFP, we are not indicating our acceptance of any of the terms or conditions contained in the RFP. Our right to negotiate all terms upon award of business will not be affected or diminished by any language in the RFP. This includes language that purports to be binding on Wells Fargo by virtue of our proposal, including, but not limited to, any signature page statements, certifications, confirmations, and the like required as part of an RFP response.

We are providing links to our Merchant Services Terms and Conditions (wellsfargo.com/termscustom0822) and our Operating Rules (wellsfargo.com/operatingrules).

We expect these documents to become the final Agreement or part of the final Agreement (dependent on your product and service selections) between <<clientShort>> and Wells Fargo if you choose us as your provider.

Page_Section D
escription

RFP

Method of Payment_Standard
Agreement for Services
Pricing
With respect to the merchant services, please understand that in addition to Wells Fargo Merchant Services’ fees, the Card Organizations and other third-party fees will apply and may not be specifically outlined in the Wells Fargo Merchant Services Pricing Schedule/Cost Proposal. Such third party/Card Organization fees, are subject to change.

Acceptance_Standard Agreement for
Services
Site Visit
If awarded the bid, we request the opportunity to discuss and negotiate this provision and any inspections shall be mutually agreed upon in advance. 286
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Documents_Standard Agreement for
Services
Property of City
Ownership of Intellectual Property
Other than possibly statements, there will be no work product or intellectual property under the Agreement that the City will own. Any work product or intellectual property under this Agreement shall be subject to a separate mutually negotiated SOW, and ownership and usage rights of any such work as a result of any such SOW and/or work product or intellectual property shall be as set forth in the mutually negotiated SOW between the parties.

Indemnification_Standard Agreement
for Services
Indemnification
While we understand City’s desire to include this provision; however, should we be selected as the winning bidder, Wells Fargo Merchant Services would anticipate negotiating mutually agreed upon indemnification rights and obligations. Wells Fargo Merchants Services offers the following as its requested language as the starting point for negotiations:

“17.1 You agree to indemnify and hold us and the Card Organizations harmless from and against all losses, liabilities, damages and expenses arising from or related to:
(a) the inaccuracy or untruthfulness of any representation or warranty, any breach, or any misrepresentation by you under the Agreement; (b) your or your employees’ or agents’ negligence or willful misconduct, in connection with Card transactions or otherwise arising from your provision of goods and services to Cardholders;
(c) your use of the Services; or (d) any third-party indemnifications we are obligated to make as a result of your actions.

17.2 We will indemnify you and hold you harmless from and against all losses, liabilities, damages and expenses resulting from:
(a) any breach or misrepresentation by us under the Agreement; or (b) our or our employees’ gross negligence or willful misconduct in connection with the Agreement.

17.3 The indemnification obligation in Section 17.2 will not apply to Bank with respect to Non-Bank Services.

from Sub-Service Providers_Standard
Agreement for Services
Subcontractors – obligating to T*C’s
Wells Fargo cannot obligate any non-affiliated third party, such as a subcontractor to any specific terms and conditions including in this case.

Assignment_Standard Agreement for
Services
Assignment
While we understand City’s desire to include this provision, we retain certain rights with regard to assignment in the Wells Fargo Merchant Services Terms and Conditions. As such we request to modify this section to start the sentence with "Subject to §13 of the Wells Fargo Merchant Services Terms and Conditions..."
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Page_Section Description

Personnel_Standard Agreement for
Services
Personnel
Subcontractors – When they want a list
Please note Wells Fargo, reserves the right to make all hiring and termination decisions related to its own employees and on its own behalf.

Wells Fargo is part of a diversified financial services company that provides retail, commercial and corporate banking services throughout much of the United States. Wells Fargo uses various vendors and other third parties to handle portions of its business on a geographic and/or line of business basis.

Accordingly, Wells Fargo reserves the right to subcontract freely. It is not feasible for Wells Fargo to indicate all potential subcontractors. However, should Wells Fargo choose to subcontract, it shall remain fully responsible for the performance of all obligations pursuant to the contract, including those performed by a subcontractor.

In addition, Wells Fargo does not consider an arrangement with a third party under which the third party assists Wells Fargo in providing services or products that are not specific to the Client to be a subcontract for purposes of this agreement.

Agreement_Standard Agreement for
Services
Termination

While we understand the City’s desire to include this provision, if awarded the bid, we would anticipate discussing mutual termination clauses, (including a party’s right to request assurances, if any), including, but not limited to those referenced in Section 14 of the Wells Fargo Merchant Services Terms and Conditions. Including any rights that the City may request with respect to set off rights, which shall be limited fees that the City pays to Wells Fargo Merchant Services, and shall not include any pass- through fees (e.g., Card Organization fines, fees, assessment, interchange), which the City may not have a right to set off against.

Amendment_Standard Agreement for
Services
Amendment
While we understand City’s desire to include this provision, Wells Fargo Merchant Services must maintain the right to pass-down certain fees and obligations which as the merchant, the Authority is responsible. Wells Fargo Merchant Services request to have this provision deleted in its entirety, or at the very least modified with the addition of the following:

“Except as allowed in the Wells Fargo Merchant Terms and Conditions including but not limited to Sections 3, 5 and 22.12 or to comply with applicable law or the Card Organizations Rules, changes to this contract may only be modified by mutual agreement of the parties.”

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Municipal Advisor RFP Disclosure
This proposal is submitted in response to your Request for Proposal for Banking Services dated October 03, 2022. The contents of this proposal and any subsequent discussions between us, including any and all information and analysis with respect to product is provided to you in reliance upon your compliance with the guidance of the staff of the SEC’s office of Municipal Securities in order for a request for proposal to be consistent with the exemption for responses to requests for proposals or qualifications provided under the municipal advisor rules (the “Muni Advisor Rules”) of the Securities and Exchange Commission (the “SEC”) (240 CFR 15Ba1-1 et seq.).

In submitting this proposal (a) Wells Fargo Bank, N.A. (“Wells Fargo”) is not acting as an advisor to City of Wildomar (“you”) and does not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to the information and material contained in this proposal; (b) Wells Fargo is acting for its own interests; and (c) you should discuss any information and material contained in this proposal with any and all internal or external advisors and experts that you deem appropriate before acting on this information or material.
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© 2022 Wells Fargo Bank, N.A. All rights reserved.

Commercial Account Agreement
Effective May 2022
Contents
02 About this agreement
03 Resolving disputes
through arbitration
04 Important legal information
05 Statements and other
notices relating to your
deposit account
09 Rights and responsibilities
01 Welcome to Wells Fargo 15 Checking and savings accounts
17 Electronic check
indemnifications
18 Funds availability policy
20 Available balance, posting
order, and overdrafts
21 Additional rules for checks
and withdrawals
23 Your account ownership
24 Interest earning accounts
25 Time Accounts (CDs)
26 Electronic banking services
28 Selected services
Welcome to Wells Fargo
Thank you for opening an account with us. We value your relationship and hope we answered all your questions when you opened your account. Please review this account agreement for further details about your account and related services.

What words do we use to refer to you (the customer), Wells Fargo, and this account agreement? • Customer is "company", "you", "your", or "yours".
• Wells Fargo Bank, N.A. is "Wells Fargo", "bank", "we", "us" or "our". • This Commercial Account Agreement and the disclosures listed below constitute the "Agreement":
- The pricing information and other account-related information - Our privacy policy
- Our rate sheets for interest-bearing accounts
- Any additional disclosures we provide to you about your account and related services When can you begin using your account?
We will notify you when your account and related services may be used. We reserve the right to restrict use of your account and related services until we have approved your use of the account and services and completed setting them up.

You should not attempt to use your account or provide any information about your account to any third party until we have confirmed that your account is available to process transactions. 290
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About this Agreement
What information does the Agreement contain?
The Agreement:
• Explains the terms of your banking relationship with Wells Fargo and applies to new and existing accounts and services, and
• Replaces all prior deposit agreements including any oral or written representations.

You are responsible for ensuring that any signer on your account is familiar with this Agreement.

We suggest you keep a copy of this Agreement - and any further information we provide you about changes to this Agreement - for as long as you maintain your Wells Fargo accounts.

Words with specific meanings
Certain words have specific meanings as they are used throughout this Agreement. These words and their meanings are defined in this section, and others are found later in this Agreement.

Affiliate
A bank or other entity that is, directly or indirectly, a wholly or substantially owned subsidiary of Wells Fargo & Company.

Account
Any business deposit account or commercial deposit account that is not held or maintained primarily for personal, family or household purposes. Examples of accounts include an account owned by an individual acting as a sole proprietor, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a corporation, a joint venture, a non-profit corporation, an employee benefit plan or a governmental unit including an Indian tribal entity.

Business day
Every day is a business day except Saturday, Sunday, and federal holidays.

Collected balance
The collected balance is the ledger balance in your account less the deposit float.

Deposit float
The deposit float is the total dollar amount of items deposited in your account that has yet to be credited as part of your collected balance as a result of the Bank's or applicable affiliate's collection schedule.

Investable balance
The investable balance is the collected balance in your account less the portion required by law to be held at a Federal Reserve Bank and other adjustments.

Item
An item is an order, instruction, or authorization to withdraw or pay funds or money from your account. Examples include checks, drafts, and electronic transactions, including ACH. Paper items may be referred to as checks in this Agreement.

Ledger balance
The ledger balance is the balance in your account after all debits and credits for the business day have been posted. 291
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Overdraft
An overdraft is a negative balance in your account.

Signer
A person who has your actual or apparent authority to transact business in connection with your account and services.

We may rely solely on our records to determine the form of ownership of and the signers on your account.

Are we allowed to change the Agreement?
Yes. We can change the Agreement by adding new terms or conditions, or by modifying or deleting existing ones. We refer to each addition, modification, or deletion to the Agreement as a modification.

Notice of a modification: If we are required to notify you of a modification to the Agreement, we will describe the modification and its effective date by a message in your account statement or by any other appropriate means.

Waiver of a term of the Agreement: If we waive a right related to your account under this Agreement on one or more occasions, it does not mean we are obligated to waive the same right on any other occasion.

How do you consent to the Agreement and any future modifications to the Agreement? By signing the Agreement or using your account or service, you consent to this Agreement. Continuing to maintain or use the account or service after a modification to the Agreement means that you have consented to the changes.

Can you consent to the Agreement electronically?
Yes. You may consent to the Agreement using your “Electronic Signature”, as defined in the Electronic Signatures in Global and National Commerce Act (“ESIGN Act”), and we may accept your Electronic Signature on any other account- related document. Under the ESIGN Act, your Electronic Signature will constitute your original and binding signature. The fact that you sign using your Electronic Signature will not, by itself, be grounds for invalidating the document.

What happens if a term of the Agreement is determined to be invalid? Any term of the Agreement that is inconsistent with the laws governing your account will be considered to be modified by us and applied in a manner consistent with those laws. Any term of the Agreement that a court of competent jurisdiction determines to be invalid will be modified accordingly. In either case, the modification will not affect the enforceability or validity of the remaining terms of the Agreement.

With whom will we communicate about your account?
We may provide you or a signer with information about your account. When we receive information from a signer, we treat it as a communication from you. You agree to notify us promptly in writing if a signer no longer has authority on your account.

Resolving disputes through arbitration
Arbitration Agreement between you and Wells Fargo
Upon demand of by you or us, any dispute or claim arising from or relating to this Agreement, or the breach thereof, must be submitted to arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and must be heard before three arbitrators if the amount in dispute is U.S. $5,000,000 or more or its equivalent in any other currency, and before one arbitrator for amounts less than U.S. $5,000,000 or its equivalent in any other currency. Arbitration will proceed in a location selected by AAA in the state of the applicable Governing Law, and if there is no such state, the place of arbitration must be New York, NY. The language of the arbitration must be English.
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Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. This arbitration requirement does not limit the right of you or us to: (a) exercise self-help remedies, including setoff or (b) obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of you or us to submit any dispute to arbitration hereunder, including those arising from the exercise of the actions detailed in (a) and (b) of this subsection.

Can either Wells Fargo or you participate in class or representative actions? No. Wells Fargo and you agree that the resolution of any dispute arising from the terms of this Agreement will be resolved by a separate arbitration proceeding and will not be consolidated with other disputes or treated as a class.

Neither Wells Fargo nor you will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.

Important legal information
What laws govern your account?
The laws governing your account include:
• Laws, rules, and regulations of the United States, and • Laws of the state in which the office that maintains your account is located, without regard to its conflicts of laws principles.

If a different state law applies, we will notify you.

Any funds transfer (including a wire transfer) that is a remittance transfer as defined in Regulation E, Subpart B, will be governed by the laws of the United States and, to the extent applicable, the laws of the state of New York, including New York's version of Article 4A of the Uniform Commercial Code, without regard to its conflict of laws principles.

What are our rules on illegal transactions?
You must not use your account or any relationship you may have with us for any illegal purpose, including “restricted transactions” as defined in the Unlawful Internet Gambling Enforcement Act of 2006 and its implementing regulation, Regulation GG. In our discretion, we may block or otherwise prevent or prohibit those transactions and, further, we may close the account or end our relationship with you.

Are we your fiduciary?
No. Our relationship to you concerning your account is that of a debtor and creditor. There is no fiduciary, quasi- fiduciary, or special relationship between you and us.

Will any person or entity be considered a third party beneficiary under this Agreement? No. No other person or entity will be considered to be a third party beneficiary under this Agreement.

Can you use our name or refer to our relationship without our consent? No. You and we will not use each other's name or refer to our relationship in any solicitation, marketing material, advertisement, news release or other written, online or oral communication without specific prior written consent for each such use or release, except that we may use your name as a reference in service proposals if we obtain your prior oral or written approval for such use.
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What is the controlling language of our relationship?
English is the controlling language of our relationship with you. If there is a discrepancy between our English- language and translated materials, the English version prevails over the translation.

How will we contact you about your account?
For us to service your account or collect any amount you owe, we may contact you by telephone, text, email, or mail.

We are permitted to use any address, telephone number or email address you provide. You agree to provide accurate and current contact information and only give us telephone numbers and email addresses that belong to you.

When you give us a telephone number, you are providing your express consent permitting us (and any party acting on behalf of Wells Fargo) to contact you by calling or texting that telephone number. When we call you, you agree that we may leave prerecorded or artificial voice messages. You also agree that we may use automatic telephone dialing systems in connection with calls or text messages sent to any telephone number you give us, even if it is a mobile phone number or other communication service for which the called party may be charged.

What courts may be used to resolve a dispute?
Wells Fargo and you each agree that any lawsuits, claims, or other proceedings arising from or relating to your account or the Agreement, including the enforcement of the Arbitration Agreement and the entry of judgment on any arbitration award, will be venued exclusively in the state or federal courts in the state whose laws govern your account, without regard to conflict of laws principles.

Statements and other notices relating to your deposit account How do we make account statements and notices available to you? We will mail, send electronically, or otherwise make available to you an account statement reflecting your account activity for each statement period. We will do the same with notices. We will send all account statements and notices to the postal or electronic address associated with your account.

Combined account statements: To reduce the number of separate account statements you receive each month, we may combine statements if you have more than one deposit account.

If we provide a combined account statement for your accounts, we consider your first account as your primary account. You will receive your account statement at the address listed for your primary account. Statements for accounts in a combined statement will be delivered according to the delivery preference of the primary account.

When are your account statements and notices considered received? If there is more than one signer on your account, we may send statements and notices to any one of them (unless you have otherwise instructed us in writing). You assume the risk of loss in the mail.

Mailed account statements: When we mail your account statement or notices, we consider it received by you on the second business day after mailing it.

Electronic delivery of account statements: Account statements will be made available through Wells Fargo Business Online® Banking or the Commercial Electronic Office®, as applicable, after the end of the statement period. You will be notified by email that the account statement is available for viewing. We consider the account statement to be delivered to you when it is available online.
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What happens if your account statements or notices are returned or undeliverable? Unless otherwise prohibited by the laws governing this Agreement, your account statements or notices will be considered unclaimed or undeliverable if:
• Two or more account statements or notices are returned to us through the mail because of an incorrect address, or • We notify you electronically that your account statement or notices are available for viewing at Wells Fargo Business Online® Banking or the Commercial Electronic Office®, as applicable, and we receive email notifications that our message is undeliverable.

In either event, we may:
- Discontinue sending account statements and notices, and - Destroy account statements and notices returned to us as undeliverable How can you or Wells Fargo change your address for your account? Address change requests you make: You can change the postal or email address or other means by which we make your account statements and notices available to you at any time by notifying us of your request by telephone or email.

We will act on your request within a reasonable time after we receive it. Unless you instruct otherwise, we may change the postal or email address only for the accounts you specify or for all or some of your other accounts with us.

Address changes we make: We may update your listed address without a request from you if we:
• Receive an address change notice from the U.S. Postal Service, • Receive information from another party in the business of providing correct address details that your actual address does not match the listed address for your account or card, or • Identify a need to rely on another address you have provided us.

When are notices you send to us effective?
Any notice from you is effective once we receive it and have a reasonable opportunity to act on it.

What obligations do you have to review account statements and notices and notify us of unauthorized transactions or errors?
You are obligated to:
• Examine your account statements and notices promptly and carefully. • Notify us promptly of any errors.
• Notify us within 30 days after we have made your account statement or a notice available to you of any unauthorized transaction on your account. Note: If the same person has made two or more unauthorized transactions and you do not notify us of the first one within this 30-day period, we will not be responsible for unauthorized transactions made by the same wrongdoer.
• Notify us within 6 months after we have made your account statement or a notice available to you if you identify any endorsements which are unauthorized or missing, or other errors relating to endorsements on your checks.

You can notify us of unauthorized transactions or errors on your account statement by promptly:
• Calling the telephone number listed on your account statement or in notices, or • Sending us a written report (if instructed by us) as soon as possible, and at least within the specified timeframes.

Funds transfers are subject to different time periods for notification of errors, as described in the “Fund transfer services” part of this Agreement. Common examples of fund transfers are ACH, wire transfers, and Real-Time Payments (RTP®).

What happens if you do not notify us of an unauthorized transaction within the time frames specified above? If you do not notify us of any unauthorized transaction, error, or claim for a credit or refund within the time frames specified above, your account statement or transaction will be considered correct. We will not be responsible for any unauthorized transaction, error, or claim for transactions included in this statement. 295
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When is a check unauthorized?
A check is unauthorized when it is:
• Not signed by a signer on your account, or you have not otherwise authorized or benefitted from it, • Forged, or
• Altered (for example, the amount of a check or the payee's name is changed).

What happens when you report an unauthorized transaction? We investigate any reports of unauthorized activity on your account. After you submit a claim, we may require you to:
• Complete and return the claim form and any other documents we require, • Notify law enforcement, and
• Cooperate fully with us in our investigation.

We can reverse any credit made to your account resulting from a claim of unauthorized transaction if you do not cooperate fully with us in our investigation or recovery efforts, or we determine the transaction was authorized.

Are you responsible for taking reasonable steps to help prevent fraud on your account? Yes. You agree to take reasonable steps to ensure the integrity of your account and items drawn on your account or deposited to it. You acknowledge that there is a growing risk of losses resulting from unauthorized items. To help prevent fraud and protect your assets, we recommend that you take these preventive measures:
• Assign responsibilities for your account to multiple individuals. The individuals who reconcile statements for your account should be different from the individuals who issue items drawn on your account. • Reconcile statements for your account as you receive them; notify us promptly of any problem. • Contact us promptly if you do not receive the statement for your account when you would normally expect to. • Watch for checks cashed out of sequence or made out to cash. These are classic red flags for embezzlement. • Secure your supply of checks at all times. Stolen checks are a common method of fraud. • Periodically reassign accounting duties, such as reconciling your account or making a deposit. • Review your transaction activity for unexpected fluctuations. For example, compare the percentage of cash deposits
to total deposit size. Most businesses will maintain a constant average. A large fluctuation might indicate fraud. • Destroy any checks that you do not intend to use.
• Use tamper resistant checks at all times.
• Notify us promptly when a signer's authority ends so that his/her name can be deleted from our records for your account, and any cards that we have issued to him/her or online access can be cancelled. • Do not sign blank checks.
• Obtain insurance coverage for these risks.

This is not an exhaustive list and there may be additional preventive measures you may take to prevent fraud and protect your account.

Protection against unauthorized items
Does Wells Fargo offer services to help prevent fraud on your account? Yes. We offer services for your account that provide effective means for controlling the risk from unauthorized items.

Examples of these services include:
• Positive Pay, Positive Pay with payee validation, and Reverse Positive Pay • ACH fraud filter, and
• Payment authorization service.
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In addition, we may recommend you use certain fraud prevention practices to reduce your exposure to fraud. Each of these practices is an "industry best practice." Dual custody is an example of an industry best practice. With dual custody, when one user initiates an action, like a payment or a change in the set-up of a service, the action does not take effect until a second user approves the action using a different computer or mobile device than one used to initiate the action.

What are potential consequences if you do not implement a fraud prevention service or industry best practice Wells Fargo has recommended?
If we have expressly recommended you use a fraud prevention service or industry best practice and you either (a) decide not to implement or use the recommended service or industry best practice, or (b) fail to use it in accordance with the applicable service description or other applicable documentation, then you will be treated as having assumed the risk of any losses that could have been prevented or mitigated by correct use of the recommended fraud prevention service or industry best practice.

Lost or stolen checks; unauthorized items
If any of your unissued checks have been lost or stolen, or if you learn that unauthorized items are being issued on your account, you agree to notify us at once. To the extent that your failure to notify us hampers our ability to prevent loss, we will be relieved of any liability for those items. Upon receipt of any notice from you, we - without any liability to you - will dishonor any item you, or any signer, has indicated is unauthorized and may:
• Close your account and open a new account for you, or • Pay any item presented for payment on your account, provided you have instructed us to pay that item and given us its number.

If we open a new account for you and you have authorized a third party to automatically make regular deposits to or withdrawals from your account (such as wire or ACH transfers), we will have no liability to you if you do not receive any regularly scheduled deposit or if a regularly scheduled payment is not made for you because you did not notify that third party in a timely fashion of the number of your new account.

When does your account become dormant?
Checking accounts, savings accounts, and time accounts (CDs) Generally, your account becomes dormant if you do not initiate an account-related activity for:
• 12 months for a checking account,
• 34 months for a savings account, or
• 34 months after the first renewal for a time account.

An account-related activity is determined by the laws governing your account. Examples of account-related activity are depositing or withdrawing funds at a banking location or ATM, or writing a check which is paid from the account.

Automatic transactions (including recurring and one-time), such as pre-authorized transfers, payments and electronic deposits (including direct deposits), set up on the account may not prevent the account from becoming dormant.

What happens to a dormant account?
We put safeguards in place to protect a dormant account which may include restricting the following transactions:
• Transfers by telephone,
• Transfers or payments through Wells Fargo Business Online® Banking or the Commercial Electronic Office®, and • Wire transfers (incoming and outgoing).

Normal monthly service and other fees continue to apply (except where prohibited by law).

If you do not initiate an account-related activity on the account within the time period as specified by state unclaimed 297
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property laws, your account funds may be transferred to the appropriate state. This transfer is known as "escheat." If your account becomes escheatable, account statements will no longer be available. Your account will be closed. To recover your account funds, you must file a claim with the state.

Rights and responsibilities
What responsibilities do you and Wells Fargo have to each other? You and we are responsible for complying with the Agreement. We exercise ordinary care when we provide services.

When we take a check for processing by automated means, ordinary care does not require us to examine the check. In all other cases, ordinary care requires only that we follow standards that do not vary unreasonably from the general standards followed by similarly situated banks.

Except to the extent we fail to exercise ordinary care or to comply with the Agreement, you agree to indemnify and hold us harmless from all claims, demands, losses, liabilities, judgments, and expenses (including attorney's fees and expenses) arising out of or in any way connected with our performance under the Agreement. You agree this indemnification will survive termination of the Agreement.

In no event will either Wells Fargo or you be liable to the other for any special, consequential, indirect, or punitive damages. The limitation does not apply where the laws governing your account prohibit it.

We will not have any liability to you if your account has non-sufficient available funds to pay your items due to actions we have taken according to the Agreement.

Circumstances beyond your control or ours may arise and make it impossible for us to provide services to you or for you to perform your duties under the Agreement. If this happens, neither Wells Fargo nor you will be in violation of the Agreement.

Are you obligated to pay our fees?
Yes. By continuing to maintain your account you agree to pay our fees according to the pricing information.

Why do we charge a recoupment fee?
We assess the recoupment fee to partially recover insurance premiums we pay to the FDIC for deposit insurance. The amount of the recoupment fee appears on the periodic statement or client analysis statement for your account and is based on the monthly average ledger balance you maintain in your account. The recoupment fee is subject to change by us at any time without notice.

Note: The FDIC charges each insured bank a fee to cover its share of the cost of providing deposit insurance to depositors. The FDIC does not charge a bank's depositors for deposit insurance or require banks to pass the cost of deposit insurance on to their depositors. The FDIC does, however, permit a bank to recoup the cost of deposit insurance from its depositors, so long as the fee the bank charges its depositors does not reveal information that could be used to determine the bank's confidential supervisory ratings or mislead depositors by implying the FDIC is charging the fee.

Is your account subject to a deposit balance fee?
We reserve the right to assess a monthly deposit balance fee on the average positive collected balance in your business and commercial deposit account(s) with us. When we assess the deposit balance fee, the amount of the fee will appear on the periodic statement or client analysis statement for your account(s). The deposit balance fee is subject to change by us at any time without notice.
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Are you responsible for paying taxes?
Yes. Fees may be subject to state and local sales taxes, which vary by location, and will be assessed as appropriate.

You also agree to pay an amount equal to any other applicable taxes, including backup withholding tax.

How do you pay our fees and expenses?
We are permitted to either directly debit your account or invoice you for our fees, expenses, and taxes incurred in connection with your account and related services. We will debit service fees on the day of each calendar month we separately disclose to you, or if that day is not a business day, on the next business day. If there are non-sufficient funds in your account to cover the debit, we may create an overdraft on your account.

You agree to promptly pay any invoiced amount. We may assess finance charges on any invoiced amounts that are not paid within 45 days of the date of invoice. Finance charges are assessed at a rate of 1.5% per month (18% per annum) or the highest amount permitted by the laws governing this Agreement, whichever is less. Charges for accrued and unpaid interest and previously assessed finance charges will not be included when calculating finance charges. Payments and other reductions of amounts owed will be applied first to that portion of outstanding fees attributable to charges for accrued and unpaid interest and previously assessed finance charges, then to other fees and charges.

If an earnings allowance accrues, do we apply it to your fees and expenses? Yes. If an earnings allowance accrues on your account, we will periodically apply your accrued earnings allowance to eligible fees and expenses (unless we otherwise indicate in writing). If both an earnings allowance and interest accrue on your account, the interest may be shown as an offset to the earnings allowance on the client analysis statement for your account. If your earnings allowance exceeds your total maintenance and activity fees for the statement cycle for your account, the excess credit is not paid to you, nor is it carried forward to the following statement cycle. We may debit your account (or any other account you maintain with us) or invoice you for any amount by which the fees and expenses exceed the accrued earnings allowance on your account.

Note: Your earnings allowance is calculated by applying the earnings credit rate to the investable balance available in your account. The earnings credit rate is a variable rate that we may change at any time.

May we use the funds in your accounts to cover debts you owe us? Yes. We have the right to apply funds in your accounts to any debt you owe us. This is known as setoff. When we set off a debt you owe us, we reduce the funds in your accounts by the amount of the debt. We are not required to give you any prior notice to exercise our right of setoff.

A debt includes any amount you owe individually or together with someone else, both now and in the future. It includes any overdrafts and our fees. We may set off for any debt you owe us that is due or past due as allowed by the laws governing your account.

If your account is an unmatured time account, then we may deduct any early withdrawal fee or penalty. This may be due as a result of our having exercised our right of setoff.

If you have a sweep account, you authorize us to redeem your shares in the designated money market fund and apply the proceeds to any amount you owe us. Our right to setoff is in addition to and apart from any other rights under any other security interest you may have granted to us.

Do you grant us a security interest in your accounts with us? Yes. To ensure you pay us all amounts you owe us under the Agreement (e.g., overdrafts and fees), you grant us a lien on and security interest in each account you maintain with us, including your accounts with any affiliate. By opening and maintaining each account with us, you consent to our asserting our security interest if the laws governing the Agreement require your consent. Our rights under this security interest are in addition to and apart from any other rights under any 299
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other security interest you may have granted to us.

Can Wells Fargo benefit from having the use of funds in customers' non-interest bearing accounts? Yes. We may use these funds to reduce our borrowing from other sources such as the Fed Funds market, or invest them in short-term investments such as our Federal Reserve Account. This benefit may be referred to as spread. It is not possible to quantify the benefit to us that may be attributable to a particular customer's funds. That's because funds from all customers' non-interest earning accounts are aggregated to reduce our borrowing costs and for investment, and our use of funds may vary depending on a number of factors including interest rates, Federal Funds rates, credit risks, and our anticipated funding needs. Our use of funds as described in this paragraph has no effect or impact on your use of and access to funds in your account.

What is the applicable exchange rate?
The applicable exchange rate is the exchange rate we set and use for you when we convert one currency to another currency. It includes a markup. The markup factors include without limitation costs incurred, market risks, and our desired return. The exchange rate we provide to you may be different from exchange rates you see elsewhere. Foreign exchange markets are dynamic and rates fluctuate over time based on market conditions, liquidity, and risks. We reserve the right to refuse to process any request for a foreign exchange transaction.

What is FDIC "pass-through" insurance?
FDIC "pass-through" insurance is FDIC insurance that could exceed the standard maximum deposit insurance amount (currently $250,000 per depositor in the same ownership right and capacity). When you use your account to hold funds on behalf of third parties who are the beneficial owners of the funds, your account may qualify for FDIC pass-through insurance, provided you meet FDIC account titling and recordkeeping requirements. With FDIC pass-through insurance, each beneficial owner's funds held in your account are aggregated with other funds the beneficial owner holds in accounts with us in the same ownership right and capacity. The beneficial owner's aggregated funds are insured by the FDIC up to the standard maximum deposit insurance amount. Examples of holding funds on behalf of third parties include funds you hold as an agent, nominee, guardian, executor, custodian or funds held in some other capacity for the benefit of others.

What are the FDIC's recordkeeping requirements for pass-through FDIC insurance when your account has "transactional features"?
For any account with "transactional features" you agree to provide the FDIC (a) with the required information about the beneficial owners of the funds in your account, (b) in the required format, (c) within 24 hours of our failure. Your account has "transactional features" when funds can be transferred from the account, as detailed in 12 CFR 370.2(j).

What are the consequences if you are unable to provide the FDIC with the necessary data on the beneficial owners of funds in your account in the required format in the specified time frame? As soon as the FDIC is appointed as our receiver, a hold may be placed on your account so that the FDIC can conduct the deposit insurance determination. This hold will not be released until the FDIC obtains the necessary data to enable it to calculate the deposit insurance. You understand and agree that your failure to provide the necessary data to the FDIC in the required format and in the specified time frame may result in a delay in receipt of insured funds by the beneficial owners of the funds in your account and legal claims against you from the beneficial owners.

Detailed information about the FDIC's requirements for pass-through FDIC insurance coverage are available at the FDIC's website. Notwithstanding other provisions in this Agreement, these three FDIC subsections survive after the FDIC is appointed as our receiver, and the FDIC is considered a third party beneficiary of these subsections.

What are we allowed to do if there is an adverse claim against your account? An adverse claim occurs when:
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• Any person or entity makes a claim against your account funds, • We believe a conflict exists between or among the signers on your account, or • We believe a dispute exists over who has account ownership or authority to withdraw funds from your account.

In these situations, we may take any of the following actions without any responsibility to you:
• Continue to rely on the documents we have on file for your account. • Honor the claim against your account funds if we are satisfied the claim is valid. • Freeze all or a part of the funds in your account until we believe the dispute is resolved to our satisfaction. • Close your account and send a check for the available balance in your account payable to you or to you and each person or entity who claimed the funds.
• Pay the funds into an appropriate court.

We also may charge any account you maintain with us for our fees and expenses in taking these actions (including attorney's fees and expenses).

How do we handle legal process?
Legal process includes any levy, garnishment or attachment, tax levy or withholding order, injunction, restraining order, subpoena, search warrant, government agency request for information, forfeiture or seizure, and other legal process relating to your account.

We are permitted to accept and act on any legal process we believe to be valid, regardless of how and where it is served, including if process is served in locations, states, or jurisdictions other than the jurisdiction in which the account was opened or the account, property, or records are located. We may, but are not required to, provide notice of legal process relating to your account(s).

Any fees or expenses (including attorney’s fees and expenses) or losses we incur as a result of responding to legal process related to your account(s) are your responsibility. We may charge these costs to any account you maintain with us.

If you carry special insurance for employee fraud or embezzlement, can we require you to file your claim with your insurance company before making any claim against us? Yes. If you have special insurance for employee fraud or embezzlement, we reserve the right to require you to file your claim with your insurance company before making any claim against us. In that event, we will consider your claim only after we have reviewed your insurance company's decision, and our liability to you, if any, will be reduced by the amount your insurance company pays you.

Are there any minimum balance requirements or other restrictions? We may impose minimum balance requirements or other restrictions on your account, which we may disclose to you.

Are we allowed to restrict access to your account?
Yes. If we suspect any suspicious, unauthorized, or unlawful activities, we can restrict access to your account and other accounts with us that you maintain or control.

Are we allowed to convert your account without your request? Yes. We can convert your account to another type of account (by giving you any required notice).

Are we allowed to terminate or suspend a service related to your account? Yes. We can terminate or suspend specific services (e.g., wire transfers) related to your account without closing your account and without prior notice to you. You can discontinue using a service at any time. 301
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When can we close your account?
• We reserve the right to close your account at any time. • If we close your account, we may send the remaining balance on deposit in your account by mail or credit it to another account you maintain with us.
• We will not be liable for any loss or damage that may result from not honoring items or recurring payments or withdrawals that are received after your account is closed. • After your account is closed, you will remain responsible for any negative balance.

When can you close your account?
• You can request to close your account at any time if the account is in good standing (e.g., does not have a negative balance or restrictions such as holds on funds, legal order holds, or court blocks on the account). At the time of your request, we will assist you in withdrawing or transferring any remaining funds, bringing your account balance to zero.

Whether you or we close the account, you agree to maintain on deposit in your account sufficient funds (determined in our sole discretion) to cover outstanding items to be paid from your account, charge-backs including returned deposited items, and our fees and expenses.
• All outstanding items need to be processed and posted to your account before you make a request to close. Once the account is closed, items will be returned unpaid.
• Any recurring payments or withdrawals from your account need to be cancelled before you make a request to close (examples include bill payments and direct deposits). Otherwise, they may be returned unpaid. • We will not be liable for any loss or damage that may result from not honoring items or recurring payments or withdrawals that are received after your account is closed. • At the time of your request to close:
• For interest-earning accounts, your funds stop earning interest from the date of your request. • The Agreement continues to apply.
• If you have requested closing your account and a positive balance remains, we may send you a check for the remaining balance.
• After your account is closed, you will remain responsible for any negative balance.

Are transactions subject to verification by us?
Yes. All transactions are subject to our verification. This includes cash, items, or other funds offered for deposit for which we have provided a receipt. We do not verify all transactions. We reserve the right to reverse or otherwise adjust, at any time without prior notice to you, any debit or credit we believe we have erroneously made to your account.

Are we required to accept all deposits to your account? No. We may decline all or part of a deposit, including a cash deposit. Some examples are:
• An item made out to a payee not on your account,
• An item with an endorsement we are unable to verify, • A check or draft issued on a credit account,
• A very large cash deposit, and
• A non-U.S. item.

When we are unable to verify an endorsement on an item, we can also decline to pay, cash, or send the item for collection. We can require all endorsers to be present and we may require you to deposit the item instead of permitting you to cash it. For non-U.S. items, please see the response to "How do we handle non-U.S. items?". We may require any person wanting to make a cash deposit to provide an acceptable form of identification before we accept the deposit for processing.

Who is responsible to make sure the declared amount of funds offered for deposit is accurate? It is your responsibility, and we have no obligation to make sure the declared amount of your deposit is accurate. If we find a discrepancy exists between the declared and the actual amount of the funds, we are permitted to debit or credit 302
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your account and we may notify you if any adjustments are made. We are also permitted to use the declared amount as the correct amount to be deposited and to not adjust a discrepancy if it is less than our standard adjustment amount. We are permitted to vary our standard adjustment amount from time to time without notice to you and to use different amounts depending on account type.

You may arrange for us to adjust all discrepancies identified during any verification without using our standard adjustment amount by contacting your relationship manager.

What happens if there is an error in the amount of a deposit? If you notify us of an error in the amount of a deposit shown on your account statement within 30 days after receiving your account statement or it is made available to you, we will review the deposit and make any adjustment we determine is appropriate, subject to any applicable fees. If you do not notify us during this timeframe, we will consider the deposit amount on your statement to be correct. This means that if the actual amount is less than the amount on the statement, the difference will become your property. If the actual amount is more than the amount shown on the statement, the difference will become our property.

Are we allowed to obtain credit reports or other reports about you? Yes. We can obtain a credit or other report about you to help us determine whether to open or maintain an account. Other reports we can obtain include information from the following: 1) motor vehicle departments, 2) other state agencies, or 3) public records.

Are we required to obtain a tax identification number certification from you? Yes. U.S. Treasury regulations require us to determine the tax residency of all customers and payees who could receive income that is reportable to the IRS. We accomplish this by obtaining a Form W-9 from all U.S. taxpayers and a type of Form W-8 from all foreign customers.
• For U.S. taxpayers, the Form W-9 is how we document U.S. tax residency and obtain a Taxpayer Identification Number ("TIN") from the primary owner of each account that earns reportable income. Until we have received the Form W-9 and TIN, we are required to apply backup withholding to that income. • Foreign individuals (also referred to as nonresident aliens) and foreign entities document their tax residency outside the U.S. on the applicable type of Form W-8. That form also allows us to apply the correct withholding rate or exemption to your income earned in the U.S. If you do not provide a valid type of Form W-8, we are required to apply the 30% withholding rate, or in some cases, presume you are an uncertified U.S. taxpayer subject to backup withholding on all income and gross proceeds regardless of whether or not it is U.S. sourced. • Accounts jointly owned by at least one foreign individual or entity must provide a Form W-8 or Form W-9 for all of the joint owners.
• Foreign individuals provide a Form W-8BEN. Foreign entities that are the beneficial owner of the income provide a Form W-8BEN-E unless they can make a special withholding exemption claim and instead provide either a Form W-8EXP or Form W-8ECI.
• Entities that act as intermediaries or flow-through entities receiving income on behalf of someone else provide a Form W-8IMY. In some cases, that Form W-8IMY must also include a withholding statement that allocates the income to each of the beneficial owners and copies of the tax certification documentation for those underlying beneficial owners.

If you own your account as an individual or sole proprietor, upon your death we must be provided with the estate's or successor's IRS Form W-9 or Form W-8. If these are not provided, we may either refuse to pay interest earned on your account from the date of your death or apply backup withholding on the income earned after the date of your death.

When do we share information about your account with others? Generally, if we do not have your consent, we will not share information about your account. However, we may share information about your account under the following circumstances:
• To comply with the laws governing this Agreement;
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• In connection with examinations by state and federal banking authorities; • To comply with any legal process, including a subpoena, search warrant, or other order of a government agency or court;
• When we determine that disclosure is necessary or appropriate in order to complete a transaction; • To verify the existence and condition of your account for a third party, such as a merchant or credit bureau; • To provide information to your legal representative or successor; • When reporting the involuntary closure of your account; • When we conclude that disclosure is necessary to protect you, your account, or our interests; • To our agents, independent contractors, and other representatives in connection with the servicing or processing of your account or account transactions, account analysis, or similar purposes; • To our affiliates and affiliated companies; and
• If you give your permission.

How do we protect your data?
We are part of an international business with affiliated companies, employees, and service providers (collectively "Personnel") located in the United States and a number of countries around the world. Any information or data we obtain in connection with or relating to your accounts or services, including personal information (collectively "Data"), may be accessed by Personnel in any of these countries. Any of these Personnel will be subject to the requirements of our information security program, which includes policies to protect Data and limit access to those Personnel with a reasonable business need to know.

Are we allowed to monitor and record our communications with you? Yes. We can monitor, record, and retain your communications with us at any time without further notice to anyone, unless the laws governing your account require further notice.

Monitored and recorded communications include:
• Telephone conversations,
• Electronic messages,
• Electronic records, or
• Other data transmissions.

Is your wireless operator authorized to provide information to assist in verifying your identity? Yes. As a part of your account relationship, we may rely on this information to assist in verifying your identity.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile phone number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Wells Fargo with your wireless operator's account profile information for the duration of the business relationship.

Checking and savings accounts
What are the requirements for a correct endorsement?
An endorsement is a signature, stamp, or other mark on the back of a check. If you have not endorsed a check that you deposited to your account, we may endorse it for you. We may also send for collection any unendorsed check that is payable to you that you have deposited to your account. 304
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Are we bound by restrictions or notations on checks?
No. We are not bound by restrictions or notations, such as "void after six months," "void over $50," or "payment in full." When you cash or deposit a check with a notation or restriction, you are responsible for any loss or expense we incur relating to the notation or restriction.

What is a substitute check?
A substitute check is created from an original check; under federal law, it is legally equivalent to that original check. A substitute check contains an accurate copy of the front and back of the original check and bears the legend: "This is a legal copy of your check." You can use it the same way you would use the original check. As noted in the legend, a substitute check is the same as the original check for all purposes, including proving that you made a payment. Any check you issue or deposit that is returned to you may be returned in the form of a substitute check. You agree that you will not transfer a substitute check to us, by deposit or otherwise, if we would be the first financial institution to take the substitute check, unless we have expressly agreed in writing to take it.

What happens if you breach a warranty associated with an item? If you breach any warranty you make to us under the laws governing your account with respect to any item, you will not be released or discharged from any liability for the breach so long as we notify you of the breach within 120 days after we learn of the breach. If we fail to notify you within this 120-day period, you will be released from liability and discharged only to the extent our failure to notify you within this time period caused a loss to you.

How do we handle non-U.S. items?
A non-U.S. item is an item 1) payable in a currency other than U.S. dollars or 2) drawn on a financial institution that is not organized under U.S. law. We are not required to accept a non-U.S. item for deposit to your account or for collection. We may accept non-U.S. items on a collection basis without your specific instruction to do so. We can reverse any amount we have credited to your account and send the item on a collection basis even if we have taken physical possession of the item.

If we accept a non-U.S. item, the U.S. dollar amount you receive for it will be determined by our applicable exchange rate that is in effect at the time of deposit or our receipt of final payment (less any associated fees) of the collection item. If the non-U.S. deposited item is returned unpaid for any reason, we will charge the amount against your account (or any other account you maintain with us) at the applicable exchange rate in effect at the time of the return. For information on the applicable exchange rate, see "What is the applicable exchange rate?" in the "Rights and responsibilities" section of this Agreement.

Our funds availability policy does not apply to a non-U.S. item.

What is our responsibility for collecting a deposited item? We are responsible for exercising ordinary care when collecting a deposited item. We will not be responsible for the lack of care of any other bank involved in the collection or return of a deposited item, or for an item lost in collection or return.

What happens if we send an item for collection?
We may, upon notice to you, send an item for collection instead of treating it as a deposit. This means that we send the item to the issuer's bank for payment. Your account will not be credited for the item until we receive payment for it.

Our funds availability policy does not apply to an item we accept for collection.

What happens when a deposited or cashed item is returned unpaid? We can deduct the amount of the deposited or cashed item from your account (or any other account you maintain with us). We can do this when we are notified that the item will be returned. We do not need to receive the actual item (and usually do not receive it). We can do this even if you have withdrawn the funds and the balance in your account is not sufficient to cover the amount we hold or deduct and your account becomes overdrawn. In addition, we will charge you all applicable fees and reverse all interest accrued on the item. 305
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We may place a hold on or charge your account for any check or other item deposited into your account if a claim is made or we otherwise have reason to believe the check or other item was altered, forged, unauthorized, has a missing signature, a missing or forged endorsement, or should not have been paid, or may not be paid, or for any other reason.

When the claim is finally resolved, we will either release the hold or deduct the amount of the item from your account. We are not legally responsible if we take or fail to take any action to recover payment of a returned deposited item.

What happens when an electronic payment is reversed?
We may deduct the amount of an electronic payment credited to your account (e.g., direct deposit) that is reversed. We can deduct the amount from any account you have with us at any time without notifying you. You agree to promptly repay any overdrafts resulting from the reversed payment.

Are you responsible for assisting in reconstructing a lost or destroyed deposited item? If a deposited item is lost or destroyed during processing or collection, you agree to provide all reasonable assistance to help us reconstruct the item.

Electronic check indemnifications
What warranties do we provide for electronic checks and electronic returned checks? An "electronic check" and an "electronic returned check" mean an electronic image of, and electronic information derived from, a paper check or a paper returned check. When we transfer or present an electronic check or electronic returned check, we provide the following warranties:
• Image Quality Warranty: We guarantee that the electronic image of a check accurately represents all of the information on the front of the check as of the time that the original check is truncated, and the electronic information includes an accurate record of all MICR line information required for a substitute check and the amount of a check. • No Double Debit Warranty: We guarantee that the warrantee will not receive a presentment of or otherwise be charged for an electronic check, an electronic returned check, the original check, a substitute check, or a paper or electronic representation of a paper substitute check, in a way that the warrantee will be asked to make payment on a check that it has already paid.

When we transfer an electronic check for collection or payment, we make the image quality warranty and the no double debit warranty to the transferee bank, any subsequent collecting bank, the paying bank, and the drawer. When we transfer an electronic returned check for return, we make the image quality warranty and the no double debit warranty to the transferee returning bank, the depository bank, and the owner.

What indemnities are applicable to electronic checks and electronic returned checks? You will indemnify, defend, and hold us harmless from and against all liabilities, damages, claims, obligations, demands, charges, costs, or expenses (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (collectively, "losses and liabilities") by us arising directly or indirectly from or related to the transfer or return of an electronic check or an electronic returned check on your behalf. If we suffer any losses or liabilities arising directly or indirectly from or related to a breach of either the image quality warranty or the no double debit warranty, you will reimburse us and not hold us responsible or liable.

What indemnities are applicable to remote deposit capture services? By providing the remote deposit capture service to you, we are required to indemnify and reimburse a depository bank that accepts the original check from which an electronic check is created for losses incurred by that depository bank if the loss is due to the check having already been paid. If we suffer any losses or liabilities arising directly or indirectly from or related to that type of depository bank indemnity obligation, you will indemnify and reimburse us and not hold us 306
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responsible or liable.

What indemnities are applicable to electronically created items? If we transfer or present an "electronically created item" and receive settlement or other consideration for it, we are required to indemnify and reimburse each transferee bank, any subsequent collecting bank, the paying bank, and any subsequent returning bank against losses that result from the fact that:
• The electronic image or electronic information of the electronically created item is not derived from a paper check; • The person on whose account the electronically created item is drawn did not authorize the issuance of the electronically created item or to the payee stated on the item; or • A person receives a transfer, presentment, or return of, or otherwise is charged for an electronically created item in such a way that the person is asked to make payment based on an item or check it has paid.

If we suffer any losses or liabilities arising directly or indirectly from or related to that type of electronically created item indemnity obligation, you will indemnify and reimburse us and not hold us responsible or liable.

Funds availability policy
When can you withdraw funds?
Our funds availability policy is to make funds from your checking deposit available to you on the first business day after the day we receive your deposits.

Funds from the deposits listed below are available on the first business day after the day of your deposits, if you make the deposit in-person to one of our employees or agents and you use a special deposit slip we provide:
• State and local government checks that are payable to your company. • Cashier's, certified, and teller's checks that are payable to your company where we are not the issuer or drawee.

While we generally make funds from your check deposits available to you on the first business day after the day we receive the deposits, our policy makes funds available according to an availability schedule or schedules we provide or make available to you, subject to, among other things, the location of the deposit transaction or the manner in which the deposit is made.

Our funds availability policy relating to other types of deposits is described below. If we delay the availability of a deposit, the length of the delay varies depending on the type of deposit as explained below.

Once they are available, you can withdraw the funds in cash. We will use the funds to pay checks and other items presented for payment and applicable fees that you have incurred.

When is your deposit considered received?
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day your deposit is received by us. For deposits granted same calendar day availability as described below, the calendar day you make the deposit will be considered the day of deposit. For all other deposits, if you make a deposit after our cutoff time or on a day we are not open, we will consider the day your deposit is received by us to be the next business day we are open.

Our established cutoff time is when a branch closes for business and may vary by location. The cutoff time for checks deposited at a Wells Fargo ATM is 9:00 p.m. local time (8:00 p.m. in Alaska).

Any deposits placed in a "night depository" before the established deadline on a business day we are open will be credited to your account by the close of business that day. Deposits placed in the "night depository" after the established 307
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deadline will be credited to your account by the close of the next business day we are open.

Same business day availability
The following deposits will be available on the business day we receive the deposit:
• Incoming wire transfers.
• Electronic direct deposits.
• Cash deposited at a teller window.
• Checks drawn on us.

If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit. For example, if we receive your mailed deposit on Monday, the funds will be available on Wednesday.

Longer delays may apply.

In some cases, we will not make all the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check you deposit, funds may not be available until the second or third business day after the day of your deposit. The first $225 of your deposit, however, may be available on the first business day after the day of your deposit.

Except as otherwise explained in this paragraph, if we are not going to make all funds from your deposit available on the business day of deposit or the first business day after the day of deposit, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to a Wells Fargo employee, or if we decide to take this action after you have left the premises, we will mail you the notice by the first business day after we receive your deposit.

If you need the funds from a deposit right away, you may ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
• We believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,525 on any one day. • You redeposit a check that has been returned unpaid. • You have overdrawn your account repeatedly in the last 6 months. • There is an emergency, such as a failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. The funds will generally be available no later than the seventh business day after the day of your deposit.

Holds on other funds (check cashing)
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cash would have been available if you had deposited it.

Holds on other funds (other account)
If we accept a check for deposit that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your ability to withdraw a corresponding amount of funds that you have on deposit in another account with us.

The funds in the other account would then not be available until the time periods that are described in this policy. 308
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Available balance, posting order, and overdrafts
How do we determine your account's available balance?
• Your account’s available balance is our most current record of the amount of money in your account available for your use or withdrawal. We use the available balance to process your transactions during the day (e.g., wire transfers and other electronic transactions). We also use the available balance when we process your transactions during our nightly processing. We calculate your available balance as follows: We start with the ending daily account balance from our prior business day nightly processing that includes all transactions deposited to or paid from your account.
• We subtract from this balance any holds placed on a deposit to your account and any holds placed due to legal process.
• We add pending deposits that are immediately available for your use (including cash deposits, electronic deposits, and the portion of a paper check deposit we make available; see “Funds availability policy” section for details).
• We subtract pending withdrawals we have either received (such as wire transfers and other electronic transactions) or are known to us (such as your checks we receive for payment from your account) but have not processed.

How do we post transactions to your account?
We post transactions each business day (Monday through Friday except federal holidays) during our nightly processing.

Once we process a transaction, we post the results to your account. There are three key steps to this process. The most common types of transactions are processed as described below.

1. We determine the available balance in your account (as described above) that we can use to pay your transactions.

2. We sort your transactions into three categories: deposits, “must-pay” transactions, and checks and certain ACH payments.
• Deposits. We credit your account for deposits, including cash and check deposits and incoming electronic transfers, received before the cutoff time at the location the deposit or transfer was made. • “Must-pay” transactions. A “must-pay” transaction is a withdrawal/payment we have previously authorized and cannot return unpaid, such as account transfers, and teller-cashed checks. If we receive more than one of these transactions for payment from your account, we will generally sort and pay them based on the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
• Checks and certain ACH payments. Finally, we use your remaining funds to pay to pay your checks and preauthorized ACH payments (such as bills you pay by authorizing a third party to withdraw funds directly from your account). If there is more than one of these types of transactions, they will be sorted by the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.

3. If the available balance in your account is not enough to pay all of your transactions, we will decide whether to pay your transaction and overdraw your account or return your transaction unpaid. 309
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• Important Note: When we receive multiple transactions on the same day and the available balance in your account is not enough to pay all the transactions, we reserve the right to choose the order in which we pay the transactions, including paying the highest dollar amount first or in any other order we determine in our sole discretion.

What is your responsibility if your account has an overdraft? If you have an overdraft on your account (including transactions we have paid on your behalf into overdraft, plus any fees), you must promptly make a deposit or transfer to return your account to a positive balance.

Additional rules for checks and withdrawals
What identification do we request to cash items presented over the counter by a non-customer? For these transactions, we require acceptable identification, which can include a fingerprint from the person presenting your item. We may not honor the item if the person refuses to provide us with requested identification.

Are there special rules if you want to make a large cash withdrawal or deposit? We may place reasonable restrictions on a large cash withdrawal. These restrictions include requiring you to provide five business days' advance notice to ensure we have sufficient cash on hand. We do not have any obligation to provide security if you make a large cash withdrawal. If you want to deposit cash for a very large amount, we have the right to require you to provide adequate security or exercise other options to mitigate possible risks.

Can you perform transactions at an affiliate?
Yes. You may make deposits to and withdrawals from your account at an affiliate, provided the affiliate agrees. If you make a deposit to your account at an affiliate, that affiliate's collection schedule and funds availability policy will determine when the deposited funds will be considered collected and available. If an affiliate cashes an item for you, we may place a hold on your account for a corresponding amount of funds. If the item is later returned to the affiliate for any reason, we may debit one or more of your accounts for the amount of the item.

Are we responsible for reviewing checks for multiple signatures? No. We are not responsible for reviewing the number of signatures on your account. We do not accept any duty to enforce multiple signature requirements. If you indicate that more than one signature is required, this indication is for your own internal procedures and is not binding on us.

Are we required to honor dates and special instructions written on checks? No. We may, without inquiry or liability, pay a check even if it:
• Has special written instructions indicating we should refuse payment (e.g., "void after 30 days" or "void over $100"); • Is stale-dated (i.e., the check's date is more than 6 months in the past), even if we are aware of the check's date; • Is post-dated (i.e., the check's date is in the future); or • Is not dated.

We may also pay the amount encoded on your check in U.S. dollars, even if you wrote the check in a foreign currency or made a notation on the check's face to pay it in a foreign currency. The encoded amount is in the line along the bottom edge of the front of the check where the account number is printed.

Can you use a facsimile or mechanical signature?
Yes. If you use a facsimile or computer-generated signature and/or a logo (including a stamp), any item appearing to use your facsimile or computer-generated signature and/or logo will be treated as if a signer on your account had actually signed it.
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Are we liable for paying a consumer ACH debit entry on your account? No. Under the ACH operating rules, certain types of ACH debit entries may only be presented on a consumer account ("a consumer ACH debit entry"). We will have no obligation to pay, and no liability for paying, any consumer ACH debit entry on your account.

What is the acceptable form for your checks?
Your checks must meet our standards, including paper stock, dimensions, and other industry standards. Your checks must include our name and address, as provided by us. Certain check features, such as security features, may impair the quality of a check image that we or a third party create.

We reserve the right to refuse checks that do not meet these standards or cannot be processed or imaged using our equipment. We are not responsible for losses that result from your failure to follow our check standards.

How do you reorder checks?
You can reorder checks by mailing the reorder form enclosed in your current order of checks or by calling us at the telephone number shown on your account statement. If you or a third party prints its items, we shall have no liability to you if we are unable to process these checks by automated means.

How do you stop payment on a check?
You may request a stop payment on your check in a time and manner allowing us a reasonable opportunity to act on it before we pay, cash, or otherwise become obligated to pay your check.

Each stop payment order is subject to our verification that we have not already paid or otherwise become obligated to pay the check from your account. This verification may occur after we accept your stop payment order.

In order to issue a stop payment order on a check, we request the following information:
• Your bank account number,
• The check number or range of numbers,
• The check amount or amounts,
• The payees' names, and
• The date on the check.

We are not responsible for stopping payment on a check if you provide incorrect or incomplete information about the check. We are also not responsible if we do not pay a check for which a valid stop payment order is in effect.

What is the effective period for a stop payment order?
A stop payment order on an item is valid for 6 months. We may pay a check once a stop payment order expires. If you do not have our STOP AUTO-RENEWAL Service on your account, you must place a new stop payment order if you do not want it to expire. We treat each renewal as a new stop payment order. We will charge you for each stop payment order you place (as well as each renewal).

If you have our STOP AUTO-RENEWAL Service on your account, your stop payment order renews annually for up to six 12- month periods, unless you otherwise notify us in writing.

How do you cancel a stop payment order?
To cancel a stop payment order, we must receive your request in a time and manner allowing us a reasonable opportunity to act on it.

Are you still responsible if we accept a stop payment on a check? Yes. Even if we return a check unpaid due to a stop payment order, you may still be liable to the holder (e.g., a check cashing business) of the check, and potentially additional amounts that the holder may be due under the laws governing 311
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this Agreement.

How can you prevent a post-dated item from being paid before its due date? A post-dated item is an item you issue with a date in the future. We are not responsible for waiting to honor the item until that date, unless you instruct us to do so through the use of a stop payment order for the item. You are responsible for notifying us to cancel the stop payment order when you are ready to have that item paid.

How do you stop payment for preauthorized electronic fund transfers? For information on placing a stop payment order on an ACH debit entry, please refer to "Fund transfer services" In the "Electronic banking services" section of this Agreement.

Your account ownership
Can you assign ownership of your account?
No. No assignment of your account will be valid or binding on us, and we will not be considered to have knowledge of it, until we consent and the assignment is noted in our records. However, by noting the assignment, we do not have any responsibility to assure that the assignment is valid. Any permitted assignment of your account is subject to our setoff rights.

What if an owner does not sign account documentation?
If a customer identified in our records as an owner or a co-owner of an account does not sign the account application or other account-related documentation, it does not prevent us from treating the customer as an owner or a co-owner of that account; we are not liable to anyone as a result.

Are all joint owners responsible for liabilities on your account? Yes. All joint owners are each individually and jointly responsible for any overdraft on your account, regardless of who caused or benefited from the overdraft. If there is a setoff, an enforcement of our security interest in your account, or legal action (such as a third party garnishment, seizure, forfeiture, or tax levy) affecting any co-owner, we have the right to treat all funds in the account as belonging to the customer against whom the setoff, enforcement of the security interest, or other legal action is directed. If your account is closed for unsatisfactory handling, we may report all joint owners to the consumer reporting agencies.

What happens upon death or incompetence of a signer or account owner? Please notify us promptly if you learn or suspect an account owner or signer has been declared incompetent by a court or a legal authority, or has died. When we receive proper notice, we may:
• Freeze the account until we receive documents verifying the incapacity or death and instructions for the funds remaining in the account,
• Pay (without inquiring) any item authorized by the account owner before being declared incompetent or dying, • Return or reverse deposits made to the account, and • Apply funds in the account to any debt the account owner owes us before recognizing the rights to any remaining funds of a surviving joint owner or other person.

If we are liable for taxes because we released funds in an account after the account owner's death, the account owner's estate is responsible for reimbursing us for those taxes.

Upon notifying us of the death or incompetence of a business owner, the business entity will need to provide documentation evidencing any change in the ownership or control of the entity following applicable legal formalities. 312
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Interest earning accounts
What interest rate applies to an interest earning account? When you open an interest earning account, we will provide you with the current interest rate and Annual Percentage Yield (APY) for your account. Interest earning accounts earn interest at a variable rate, except time accounts. We may change the interest rate for variable-rate accounts at any time. The interest rate may vary depending on your daily balances.

How do we calculate earned interest?
We may use either the daily balance method or the average daily balance method to calculate interest. Unless we have specified otherwise in writing, we will use the daily balance method to calculate interest. The daily balance method applies a daily periodic rate to principal each day.

The average daily balance method applies a periodic rate to the average daily collected balance for the period. The average daily balance is calculated by adding principal each day and dividing by the number of days in the period.

If your account is a tiered-rate account, we may pay the same interest rate on more than one tier.

When does a deposit begin accruing interest?
Cash deposits begin accruing interest the same business day a deposit is credited to your account. If you deposit an item such as a check, interest begins accruing on the business day we receive credit for the item.

Is interest compounded and when is it credited?
Interest will compound on a daily basis. For checking and savings accounts, interest will be credited on a monthly basis.

For time accounts, we will notify you separately as to the frequency with which interest will be credited to your account.

Can you specify a target balance on your accounts?
Yes. If you maintain multiple accounts with us, you may, with our consent, designate in writing one of these accounts as your "principal account" and one or more additional accounts as "target balance accounts." For each target balance account, you will separately specify to us in writing the ledger balance or collected balance which you wish to maintain in that account (the "target balance"). At the end of each business day, we will determine the applicable balance on deposit in each target balance account. If the applicable balance in a target balance account is greater than its target balance, we will transfer to the principal account the funds necessary to bring the applicable balance to the target balance. If the applicable balance is less than the target balance, we will transfer to the target balance account the funds necessary to bring the applicable balance to the target balance. We may, but will not be required to, transfer funds even if the transfer would create an overdraft or exceed the collected balance on deposit in the principal account.

When are interest adjustments disclosed in your account statement? An interest adjustment may be reflected on your account statement in a month later than the month in which it occurs.

What is the difference between Annual Percentage Yield (APY) and Annual Percentage Yield Earned (APYE)? • The Annual Percentage Yield (APY) is a percentage rate reflecting the total amount of interest paid on an account based on the interest rate and the frequency of compounding for a 365-day period. • The Annual Percentage Yield Earned (APYE) is an annualized rate that reflects the relationship between the amount of interest actually earned on your account during the statement period and the average daily balance in the account for the statement period.

We calculate both your APY and APYE according to formulas established by federal regulations. The APYE appears on your account statement.
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Do we have the right to require 7 days written notice before you withdraw money from your savings account? Yes. We have the right to require 7 days written notice before you withdraw money from your savings account.

Time accounts (CDs)
What are time accounts?
Time accounts include deposits which are payable at the expiration of a specified term, no less than seven calendar days after the date of deposit. We may also refer to a time account as a CD or a Certificate of Deposit, even though we do not issue a paper certificate when opening the account or require a paper certificate to close the account. The time account's maturity date is the last day of the term for the time account. The maturity date is printed on your receipt.

When can you withdraw funds from your time account?
You may withdraw funds from your time account on the maturity date without a penalty. You may also generally withdraw funds without a penalty within the seven calendar days after the maturity date (grace period). You may be charged a penalty if you make a withdrawal at any other time.

How is the early withdrawal penalty assessed?
If you withdraw funds from your time account before the maturity date, an early withdrawal penalty will be assessed. For terms:
• Less than three months (or less than 90 days), the fee is one month's interest. • Three months (or 90 days) through 12 months (or 365 days), the fee is three months' interest. • Over 12 months through 24 months, the fee is six months' interest. • Over 24 months, the fee is 12 months' interest.

The minimum fee is $100.

The early withdrawal penalty is based on the principal amount withdrawn, at the interest rate on your time account at the time of withdrawal. For purposes of determining the amount of the early withdrawal penalty, one month's interest is equal to one year's interest - at the interest rate in effect at the time of withdrawal - divided by 12. The amount of the early withdrawal penalty is deducted from earned interest. If the penalty is greater than the earned interest, the difference is deducted from the principal. In no event will the early withdrawal penalty for a withdrawal during the first six days after the date of deposit be less than seven days' simple interest.

Can you deposit additional funds into your time account? You can only deposit additional funds during the grace period.

Will your Annual Percentage Yield (APY) change if you withdraw interest before maturity? The APY we disclose to you assumes the interest you earn will remain on deposit until your time account matures. If you withdraw your earned interest before maturity, your account will earn less interest over time and the actual APY will be less than the disclosed APY.

How does your time account renew?
Your time account will automatically renew at maturity:
• Typically for a similar term unless we inform you prior to maturity of a different term; and • At our interest rate in effect on the maturity date for a new time account of the same term and amount, unless we have notified you otherwise.
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Electronic banking services
Fund transfer services
The following terms and conditions apply to funds transfers to or from your account. These terms and conditions are in addition to, and not in place of, any other agreements you have with us about funds transfers. The terms "funds transfer," "funds-transfer system," "payment order," and "beneficiary" are used here as defined in Article 4A of the Uniform Commercial Code, as adopted by the state whose laws govern this Agreement.

Rules of funds transfer systems
Funds transfers to or from your account will be governed by the rules of any funds transfer system through which the transfers are made, including Fedwire, the National Automated Clearing House Association, the Electronic Check Clearing House Organization, any regional association (ACH), the Clearing House Interbank Payments System (CHIPS), the Society for Worldwide Interbank Financial Telecommunications (SWIFT), and the RTP system (RTP System).

We are under no obligation to honor, in whole or in part, any payment order or other instruction that could result in our violation of applicable law, including requirements of the U.S. Department of the Treasury's Office of Foreign Assets Control and the Financial Crimes Enforcement Network.

Sending funds transfers
In acting on your transfer instructions, we may use any means of transmission, funds transfer system, clearing house, or intermediary bank that we reasonably select.

Notice of funds transfers
We will notify you of funds electronically debited from or credited to your account through the account statement covering the period in which the transaction occurred. We are under no obligation to provide you with any additional notice or receipt
Reliance on identification numbers
• If a payment order or other instruction to transfer funds describes the party to receive payment inconsistently by name and account number, we may make the payment based on the account number, even if it identifies a party different from the named recipient.
• If an instruction or order to transfer funds describes a participating financial institution inconsistently by name and identification number, we may rely on the identification number as the proper identification of the financial institution.

Duty to report unauthorized or erroneous funds transfers You will exercise ordinary care to determine whether a funds transfer to or from your account was either not authorized or erroneous. You will also notify us of the facts within a reasonable time, not exceeding 14 days after you have received your account statement from us on which the funds transfer appears or you otherwise have notice of the funds transfer, whichever is earlier. You must notify us within 14 days to be entitled to a refund from us. If you do not notify us within 14 days, we will be entitled to retain payment for the funds transfer.

Erroneous payment orders
We have no obligation to detect errors you make in payment orders - for example, an instruction to pay a beneficiary not intended by you, or to pay an amount greater than the amount you intended, or a transmission of a duplicate payment order previously sent by you. If we detect an error on one or more occasions, we will not be obligated to detect errors in any future payment order.

ACH transactions
In addition to the other terms in the Agreement, the following terms and conditions apply to payments to or from your account that you transmit through an ACH:
• Your rights for payments to or from your account will be based on the laws governing your account. 315
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• When we credit your account for an ACH payment, the payment is provisional until we receive final settlement through a Federal Reserve Bank or otherwise receive payment. • If a payment is credited to your account and we do not receive final settlement or payment, we are entitled to a refund from you for the amount credited to your account.
• You authorize any Originating Depository Financial Institution (ODFI) to initiate, according to ACH Operating Rules, ACH debit entries to your account for presentment or re-presentment of items written or authorized by you.

Reversal or return of ACH transactions
Under the ACH Rules, we can return any non-consumer ACH debit entry as unauthorized until midnight of the business day following the business day we post the entry to your account. (For example, if we post the entry on Tuesday, we can return it up to midnight on Wednesday.) For us to meet this deadline, you are required to notify us to return any non- consumer ACH debit entry as unauthorized by the cutoff time we separately disclose. The cutoff time is currently 3:00 PM Central Time. (In the example above, you would need to notify us by 3:00 PM Central Time on Wednesday).

If you do not notify us in a timely manner of the unauthorized non-consumer ACH debit entry, we will not be able to return it without the cooperation and agreement of the originating bank and the originator of the debit entry. Any other effort to recover the funds must occur solely between you and the originator of the entry.

Stop payment orders on ACH debit entries
You may request a stop payment order for an ACH debit entry that has not already been paid from your account. An "ACH debit entry" is an order or request for the withdrawal of money from your account through ACH. To be effective, a stop payment order must be received in a time and manner that gives us a reasonable opportunity to act on it. If you provide oral instructions to stop payment on an ACH debit entry, we may require confirmation in writing. If that written confirmation is not received, we may remove the stop payment order after 14 days. An instruction to revoke a stop payment order must be received in a time and manner that gives us a reasonable opportunity to act on it.

To place a stop payment order on an ACH debit entry, you must provide:
• Your account number,
• Amount of the ACH debit entry,
• Effective date of the ACH debit entry, and
• Name associated with the originator of the debit entry.

We may request additional information and may use only a portion of the required information to identify the ACH debit entry. We may be able to place a stop payment order based on the company identification number of the originator of the ACH debit entry, but this may stop all ACH entries received from this sender.

Additional information on ACH debit entries
Any information provided by you that is incorrect or subject to change (for example, if the originator changes its company identification number or individual identification number) may result in payment of the ACH debit entry. You acknowledge this risk and agree that you are responsible for notifying the originator of the ACH debit entry that your authorization has been revoked. You agree to indemnify and reimburse us and hold us harmless from and against any loss incurred by us as a result of our paying an ACH debit entry if any of the information relied on in the stop payment order is incorrect or incomplete (or as a result of us not paying an ACH debit entry for which a valid stop payment order is in effect).

Receiving RTP payments
The following additional terms apply to any real-time payments we receive for credit to your account through the RTP System. The terms "sender," "receiver," and "sending participant" are used here as defined in the System Rules governing RTP payments ("RTP Rules"). In addition to the RTP Rules, RTP payments will be governed by the laws of the state of New York, including New York's version of Article 4A of the Uniform Commercial Code, as applicable, without regard to its conflict of laws principles.
• The RTP System may be used only for eligible payments between a sender and receiver with accounts located in the 316
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United States. You may not send or receive payments on behalf of any person or entity not domiciled in the United States. RTP payments that are permitted under the RTP Rules and our requirements will be considered eligible payments for purposes of this Agreement.
• RTP payments cannot be cancelled or amended by the sender. If we receive a message from a sending participant requesting return of an RTP payment received for credit to your account, we may notify you of that request. You are not obligated under the RTP Rules to comply with any such request for return of funds. Any dispute between you and the sender of an RTP payment should be resolved between you and the sender. • If you do not wish to accept an RTP payment received for credit to your account, you may request that we return that payment to the sender. We may, at our sole discretion, attempt to honor that request, but will have no liability for our failure to do so.
• RTP payments are typically completed within 30 seconds of transmission of the RTP payment by the sender, unless the RTP payment fails or is delayed due to a review by us or the sending participant, such as for fraud, regulatory, or compliance purposes. Transaction limits imposed by the RTP System or sending participant may also prevent RTP payments from being received for credit to your account.

Selected services
Stagecoach Deposit® - ATM Deposit Only Card Service.

You may elect to use Wells Fargo's Stagecoach Deposit® Deposit Only Card Service by completing and returning to us the setup form for the service. This service allows you to make deposits to your account using a Stagecoach Deposit ® ATM Deposit Only card ("Deposit Card") at a designated Wells Fargo ATM ("ATM") or in a Wells Fargo branch.

When you make deposits at a designated Wells Fargo ATM, you will make those deposits according to the instructions we provide. You will gain access to the ATM using the Deposit Card and a Personal Identification Number ("PIN"); you assume the risk of misuse of both. We will provisionally credit each deposit to your account based on the amount you key into the ATM. Your ATM deposits are subject to the standard cut-off time established for the ATM into which the deposit was made and our funds availability policy applicable to your account. If the dollar amount of your deposit - as determined by us - differs from your total (as shown on your ATM receipt), we will send you a statement showing the amount of this difference. You agree that our count of the dollar amount of your deposit will be conclusive and binding on you. You will have full responsibility for each deposit and its contents until the deposit has been completely and physically accepted into the ATM. If you claim any portion of a deposit was lost or stolen while in our custody, you acknowledge that you have the burden of proving your claim. If you order supplies for the ATM Deposit Service through the ATM, you authorize us to initiate debits to your account and credits to the accounts of third party vendors to cover the cost of those supplies provided to you. Those transfers may be processed through an automated clearing house or any other means chosen by us, and will be subject to the rules of the funds transfer system used by us. Your authorization for the transfers will remain in full force and effect until we have received written notification from you of its termination in a time and manner as to afford us and any third-party vendor a reasonable opportunity to act on it.

Stagecoach Deposit® - Post Verify Service.

If you elect to use our Stagecoach Deposit® - Post Verify Service, you will prepare, package, and deliver Stagecoach deposits to us according to our instructions. We will provisionally credit your account for the currency shown on the deposit ticket enclosed in your Stagecoach deposit bag as follows:
• Same day credit for deposits delivered to one of our offices before that office's cut-off time on any business day we are open or for deposits placed in night depository before 6:00 a.m. on any business day we are open; or • Next business day credit for deposits delivered to one of our offices on any business day we are open on or after the office's cut-off time or on any non-business day.

All Stagecoach deposits are subject to our acceptance and verification. We will verify the currency in your Stagecoach deposit bag either at a later time in our office or when your Stagecoach deposit bag is delivered to our cash vault. Checks will be verified when they are delivered to our check processing center. We reserve the right to adjust (debit or credit) your 317
29 Commercial Account Agreement
account if we determine that the amount shown on your deposit ticket is incorrect. Because the frequency of armored courier transportation from our offices to our vaults varies from office to office, the time it takes to verify your Stagecoach deposit may vary, depending on the office to which your Stagecoach deposit bag is delivered. In most cases, adjustments will be made and notification will be sent within three business days. Adjustments will be effective when they are processed.

Overdraft Protection
This is an optional service you can add to an eligible checking account by linking up to two eligible accounts (one savings, one credit). We will use available funds in your linked account(s) to authorize or pay your transactions if you don't have enough money in your checking account. If you link two accounts, you may tell us which account to use first to transfer/ advance funds. If you do not specify an order, we will first transfer funds from your linked savings account. • Transfers from linked savings account. If the available balance in your savings account is $25 or more and can cover the overdraft, we will transfer the exact amount needed or a minimum of $25. If the available balance in your savings account is less than either $25 or the amount needed, we will transfer the available balance. • Advances from linked credit card or line of credit account. If the available credit in your credit card account is $25 or more and can cover the overdraft, we will advance the exact amount needed or a minimum of $25. If the available credit in your credit card account is less than either $25 or the amount needed, we will advance the available credit.

Advances from an eligible linked Wells Fargo line of credit will be made in increments of $100 or $300 (See your Credit Account Agreement for specific details).

Debit Card Overdraft Service
Debit Card Overdraft Service allows us to approve (at our discretion) your ATM and everyday (one-time) debit card transaction(s) if you do not have enough money in your checking account or in accounts linked for Overdraft Protection at the time of the transaction. With this service, ATM and everyday (one-time) debit card transactions may be approved into overdraft at our discretion and an overdraft fee may apply. If you make a covering transfer or deposit (subject to our funds availability policy) by the posted cutoff time on the same business day as the transaction, no fees will be assessed. Debit Card Overdraft Service does not apply to checks and other transactions such as Bill Pay, ACH, or recurring debit card transactions (such as utilities or health club memberships). We may continue to authorize or pay these transactions into overdraft, at our discretion, and our standard overdraft fees and policies will apply.

If Debit Card Overdraft Service is not added and there is not enough money in your checking account or accounts linked for Overdraft Protection, your ATM and everyday (one-time) debit card transactions will be declined, and there will be no fees for declined transactions. If the service is not added and your ATM or everyday (one-time) debit card transaction creates a negative balance during posting, there will not be an overdraft fee.

Debit Card Overdraft Service is automatically added to eligible business accounts at account opening.

You can add or remove the service at any time. Debit Card Overdraft Service is not available for certain accounts, such as accounts for government entities or savings accounts. Debit Card Overdraft Service is a discretionary service that we may remove for a variety of reasons including excessive overdrafts or returned items, as we determine.

Wells Fargo's standard overdraft coverage
Our standard overdraft coverage is when, at our discretion, we pay items, such as checks or automatic payments (e.g., ACH payments) into overdraft rather than returning them unpaid. You can request to remove our standard overdraft coverage from your account by speaking to a banker.

Important: If standard overdraft coverage is removed from your account, the following will apply if you do not have enough money in your checking account or in accounts linked for Overdraft Protection to cover a transaction:
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30 Commercial Account Agreement
• We will return your checks and automatic payments (such as ACH payments) and you could be assessed fees by merchants.
• We will not authorize ATM and everyday (one-time) debit card transactions into overdraft. If your account is enrolled in Debit Card Overdraft Service, the service will also be removed.

We will not authorize certain transactions (such as cashed checks, recurring debit card transactions, or Bill Pay transactions) into overdraft. However, if these transactions are authorized when your account has enough money but are later presented for payment when your account does not have enough money, we will pay the transaction into overdraft and charge an overdraft fee.

Important information about fees:
• Fees may be assessed with each item paid into overdraft subject to the following:
• No overdraft fee will be assessed on ATM and everyday (one-time) debit card transactions unless Debit Card Overdraft Service is added to your account. The merchant informs us if a debit card transaction is a one-time or recurring transaction. An overdraft fee can be assessed on recurring debit card transactions and any other item we pay into overdraft.
• Any overdraft fee assessed will be deducted from your account during the morning of the next business day following our nightly process.
• We will track transactions that reduced your available balance while pending and caused overdraft fees on other transactions. If these transactions are presented for payment within 10 business days after they first appeared as pending, we will waive any overdraft fees on those transactions. In rare circumstances, the merchant presents transactions for payment with a different identification code than was used when the transaction was sent for authorization and we are unable to match them.
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Treasury Management Product Enrollment
Customer Information
Customer name CEO Company ID
Street address
City State ZIP
Country name
Country Code
(if applicable)
Primary contact Phone
Email address Fax
CEO® Users Set-up
User name User ID (if existing)
Select one or more CEO Products for the user(s) listed above:

Treasury Management Products Not in Administration:

Autolink Bill Manager
Electronic Document Delivery Invoice Manager
Receivables Manager Retail Lockbox Image Archive
Reverse Positive Pay Sweep and Fed Funds – Statements and Confirmation Wells Fargo Business Online
Treasury Management Products in Administration:

ACH Payments1 User ACH Payments1 Administrator
ACH Fraud Filter Alerts
ARP Register Maintenance Basic Banking
Canadian Treasury Services Cash Concentration
Cash Vault Change Orders
Change Orders Inquiry Supply Order (specify):

Centralized Disbursements Centralized Disbursements - Clients Claims Payments Deposit Inquiry
Deposit Maintenance Desktop Deposit
E-Box Decisioning Fed Funds
Image Image Positive Pay
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Item Detail Inquiry Service Lockbox
Lockbox Correspondence Payment Manager Online
Payment Manager File Validation Tool Returned Items
SAFE Transmission Statements and Notices2
Supplier Payments Transaction Search
Treasury Information Reporting WellsTAX®.

Accounts:

ACH IDs (File ID/Company ID):
1 This only covers giving users access to the high level product in the CEO and the ACH application. Additional approval is required to set up detailed product entitlement within the ACH application. 2 Includes the following: Client Analysis Statements, Commercial Checking/Savings Account Statements, Deposit Adjustment Notices, Merchant Notices, Multi Currency Account Statements and Stop Notices
Internal Bank use only
Does the customer have Administration, or is it included in the current request? Yes No CEO® Users Set-up
User Name User ID (if existing)
Select one or more CEO Products for the user(s) listed above:

ACH Payments
1 User ACH Payments
1 Administrator ACH Fraud Filter Cards
2 Payment Manager Online
Other Treasury Management Products not in Administration 3 Cash Vault (specify): Deposit Inquiry Change Orders Inquiry Change Orders Supply Order Accounts:

ACH IDs (File ID/Company ID):
1 This only covers giving users access to the high level product in the CEO and the ACH application. Additional approval is required to set up detailed product entitlement within the ACH application. 2 Recognition Card.
3 Autolink, Bill Manager, Document Retrieval, Electronic Document Delivery, Invoice Manager, Payment and Delivery Preferences, Receivables Manager, Retail Lockbox Image Archive, Reverse Positive Pay, Sweep & Fed Funds - Statements & Confirmations, & Wells Fargo Business Online (Single Sign On). 4 Alerts, ARP Register Maintenance, Basic Banking, Canadian Treasury Services, Cash Concentration, Centralized Disbursements, Centralized Disbursements – Clients, Claims Payments, Deposit Maintenance (Smart Decision), Desktop Deposit, E-Box Decisioning, Fed Funds, Image, Image Positive Pay, Item Detail Inquiry Service, Lockbox, Lockbox Correspondence, Payment Manager File Validation Tool, Returned Items, SAFE Transmission, Statements & Notices (Client Analysis Statements, Commercial Checking/Savings Account Statements, Deposit Adjustment Notices, Merchant Notices, Multi Currency Account Statements and Stop Notices), Supplier Payments, Transaction Search, Treasury Information Reporting, & WellsTAX®.

INTERNAL BANK USE ONLY
Does the customer have Administration, or is it included in the current request? Yes No RSA SecurID Token Request Set-up
Please complete the information below to manage RSA SecurID Tokens for Company and Users

RSA SecurID tokens are mailed to Company Administrators. If the Company Administrator's mailing address is different than the address listed above in the Customer Information section, please indicate the correct mailing address below:
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Company Administrator
name Phone number
Street Address (tokens
cannot be shipped to
post office boxes):

City
State ZIP
For new users
• New token: To order a token for the first time for a user. • Assign token: To assign a token to a new user from the supply of tokens accumulated in your Company Token Pool.

For users who have a token today (to request changes for existing users):
• Replace token: To order a replacement token for an existing user if there are no tokens available in the Company Token Pool.
• Assign token: To assign a token to a new user from the supply of tokens available in your Company Token Pool. • Un-assign token: To remove a token from a user and return the token to you Company Token Pool for reassignment.

Please begin collecting and securely retaining unassigned tokens instead of discarding them. • Delete token: To delete a token completely. This option will remove the token from a user and your Company Token Pool. Once a token is deleted, it can no longer be reused and should be discarded. Follow your local e- waste disposal regulations to dispose of old tokens.

User Name # 1 User ID (for existing CEO® users)
Token Serial #* ACH Payments Admin Yes No
New User New token Assign token*
Existing User
(Select one box only) Replace token Assign token* Un-Assign token* Delete token* CEO® Administration Set-up
Type of Request - Select request type with corresponding start date.

New Change (Make selections only for options that should change) Start Date:

Company Administrator - Complete applicable fields.

Company Administrators automatically gain access to all Administration functions. If selecting Administrator you will need to specify the detailed Administration functionality that should be entitled.

A minimum of two (2) Company Administrators is required for Dual Custody.

Each Administrator will be sent a token (unless one has been assigned already) and will be authorized as an administrator for all or specific company authorized Commercial Electronic Office® (CEO®) portal services.

Company Administrator Name Email address
Token Serial Number (If
reassigning existing token
from token pool )
User ID (if existing)
Administrators
You will need to specify the detailed Administration functionality that should be entitled to an Administrator level user.

Each Administrator will be sent a token (unless one has been assigned already) and will be authorized as an administrator for all or specific company authorized Commercial Electronic Office® (CEO®) portal services.

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Administrator name Email address
Token Serial Number
(If reassigning existing token
from token pool)
User ID (if existing)
User Administration Options
User Maintenance Administrator Maintenance Reset Password If granting User Maintenance or Reset Password which users can the Administrator view and manage? All Users Specific Users
List User names or User IDs
If granting User Maintenance which CEO Services can the user administer? All CEO Services Specific CEO Services
CEO
Services:

If granting User Maintenance which Accounts can the user administer? All Accounts Specific Accounts
Accounts:

If granting User Maintenance which ACH IDs can the user administer? All ACH IDs Specific ACH IDs
ACH IDs:

WellsOne® Commercial Card use only
All Divisions Specific Divisions
List Divisions that can be administered.

Company Administration Options
Manage User Defined Lists
All User List Specific User List:

Specify User List(s) that can be administered.

All Account List Specific Account List:

Specify Account List(s) that can be administered.

Manage Company Dual Custody settings Manage Account nicknames Manage ACH Custom names Access to Administration Reports Manage tokens
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Company Service Options
Manage Company Alerts settings Manage Company Statement & Notices settings Manage Company Wires settings
Custody Option
Single Custody - Non-Standard Administration Procedure - Customer has declined to use dual custody, which is part of Bank's standard CEO® Administration procedures. With dual custody, an authenticated second user approves select high-risk activities. Customer has instead elected to use single custody. Customer acknowledges the significantly reduced security, and recognizes the risks and losses that may materialize as a result of its decision to use single custody.

Dual Custody - Bank's standard CEO Administration procedures also include dual custody for select, high-risk activities. With dual custody, an authenticated second user approves these activities. There is no additional charge for dual custody.

Forced Dual Custody - By selecting this option, you agree that Wells Fargo will control the dual custody settings for all products and transactions initiated in the CEO Administration service. You will not be able to change the dual custody settings in Administration, as these may only be modified by contacting your bank representative.

Customized Forced Dual Custody - By selecting this option, you agree to work with your banker to customize your dual custody preferences and select the Administration transactions that will require dual custody. Once these customizations have been established you will not be able to modify or remove them through the CEO Administration service, as they may only be changed by contacting your banker. If you enroll in a new CEO product, it will not automatically be placed in dual custody, unless you contact you bank representative.

Customized Forced Dual Custody Settings - Select the products you would like under dual custody in the CEO Administration service. Only select products for which your company is enrolled. Additionally, specify the CEO Administration service functions you would like under dual custody.

Product Custody setting
ACH Payments (incl. Domestic and International) Forced Dual Custody Single Custody Administration Forced Dual Custody Single Custody
Alerts Forced Dual Custody Single Custody
Basic Banking Forced Dual Custody Single Custody
Canadian Treasury Solutions Forced Dual Custody Single Custody Cash Concentration Forced Dual Custody Single Custody
Centralized Disbursements Forced Dual Custody Single Custody Centralized Disbursements - Clients Forced Dual Custody Single Custody Claims Payments Forced Dual Custody Single Custody
Credit Management Forced Dual Custody Single Custody
Dealer Inventory Finance Forced Dual Custody Single Custody Deposit Maintenance Forced Dual Custody Single Custody
Derivatives Access Forced Dual Custody Single Custody
Desktop Deposit® Forced Dual Custody Single Custody
E Box® Decisioning Forced Dual Custody Single Custody
Fed Funds Forced Dual Custody Single Custody
Foreign Exchange Forced Dual Custody Single Custody
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Product Custody setting
Fraud Manager:

ACH Fraud Filter Forced Dual Custody Single Custody
ARP Register Maintenance Forced Dual Custody Single Custody Image Positive Pay Forced Dual Custody Single Custody
Image Forced Dual Custody Single Custody
Institutional Investing – Reporting Forced Dual Custody Single Custody Item Detail Inquiry Service Forced Dual Custody Single Custody Lockbox Forced Dual Custody Single Custody
Payment Manager® Forced Dual Custody Single Custody
Returned Items Forced Dual Custody Single Custody
SAFE Transmission Forced Dual Custody Single Custody
Statements & Notices Forced Dual Custody Single Custody Supplier Payments Forced Dual Custody Single Custody
Transaction Search Forced Dual Custody Single Custody
Treasury Information Reporting Forced Dual Custody Single Custody Warehouse Lending Finance Forced Dual Custody Single Custody WFEDSM - Wells Fargo Electronic DepositSM Forced Dual Custody Single Custody Wells Capital Management Forced Dual Custody Single Custody WellsOne® Virtual Card Payments Forced Dual Custody Single Custody WellsTAX® Payments Forced Dual Custody Single Custody
Wells Fargo Business Online® Forced Dual Custody Single Custody Wires Forced Dual Custody Single Custody
Administration settings Custody settings
Add/Edit User Forced Dual Custody Single Custody
Password reset Forced Dual Custody Single Custody
Hide Secret Question and Answer Forced Dual Custody Single Custody Wires limits and authorizations Forced Dual Custody Single Custody Desktop Deposit Company preferences Forced Dual Custody Single Custody CEO® Wires Set-up
New Change
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Company Authorization - (For existing CEO Wires customers, only complete values in this section if an update is requested. For New requests confirm and update all fields in this section.) Cumulative Funds Transfer Daily Limit
(Default - 0)
Duplicate Check Number Of Days
(Default - 10) Default Wire Fee Assignment (select one) $
Shared (Default)
Beneficiary
Originator
Value Date Roll Forward File Import
(File Import and Payment Manager Import) Get Rate
Yes No (Default) Yes (Default) No Yes (Default) No
Additional Approver Limits (Optional)
Wires $ Book Transfer $ Drawdown $
Complete the following regarding Funds Transfer Information for specific payment types – (For new and existing CEO Wires customers, only complete values in this section if an update is requested. For New requests; at least one (1) Wire Type must be selected).

Wire Type Services allowed Number of Verifiers for Templated Wires (default is 1)
Numbers of Verifiers for
Freeform Wires (default is 1
Wire Transfers (Domestic,
International, and Federal Tax
Payment)
Templated Only
Freeform Only
Templated and Freeform
N/A - No Change N/A - No Change
Drawdown
Templated Only
Freeform Only
Templated and Freeform
N/A - No Change N/A - No Change
Book Transfer
Templated Only
Freeform Only
Templated and Freeform
N/A - No Change N/A - No Change
Template Maintenance Not Applicable N/A - No Change Not Applicable Account Authorization - Account Services Limits
(For existing CEO Wires customers, only complete values in this section if an update is requested. For New customers at least one (1) account in this section is required).

Account number Cumulative Daily Limit Associated application $ Wires Drawdowns Book Transfers Template Maintenance
$ Wires Drawdowns Book Transfers Template Maintenance
$ Wires Drawdowns Book Transfers Template Maintenance
Company Default Settings (optional User Limits)
For companies choosing to utilize Company Default User Settings (Default User Limits); complete all fields to specify optional default limits for users. Enter User information below and select the Use Company Default Limit checkbox.

Application type
Individual Create/
Modify/
Delete Limit
Cumulative Daily Create/
Modify/Delete Limit
Individual Approve/Reject
Limit
Cumulative Daily Approve/
Reject Limit
Wire Transfers
Drawdown
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Application type
Individual Create/
Modify/
Delete Limit
Cumulative Daily Create/
Modify/Delete Limit
Individual Approve/Reject
Limit
Cumulative Daily Approve/
Reject Limit
Book Transfer
Template
Maintenance -------------- -------------- -------------- -------------- User # 1 Information - Complete all fields
User name User ID (if CEO user)
User Settings
(For new and existing CEO Wires customers, only complete values in this section if an update is requested. For New customers without Administration; at least one (1) user in this section is required. Note: For customers in dual custody without Administration at least two (2) users are required).

Get rate File Import
Yes No Yes No
Services Type Allowed
Individual
Create/Modify/
Delete Limit
Individual
Approve/Reject
Limit
Cumulative Daily
Approve/Reject
Limit
Additional
Approver Limit*
Cumulative
Create/Modify/
Delete Limit
Wire Transfer
Templated Only
Freeform Only
Templated and Freeform
Book Transfers
Templated Only
Freeform Only
Templated and Freeform
Drawdowns
Templated Only
Freeform Only
Templated and Freeform
User Account Authorizations - Provide account number and funds transfer service authorization type.

Account
Number
Wires Create/Modify/Delete Approve/Reject
Book Transfers Create/Modify/Delete Approve/Reject
Drawdowns Create/Modify/Delete Approve/Reject
Template
Maintenance Create/Modify/Delete Approve/Reject
Account
Number
Wires Create/Modify/Delete Approve/Reject
Book Transfers Create/Modify/Delete Approve/Reject
Drawdowns Create/Modify/Delete Approve/Reject
Template
Maintenance Create/Modify/Delete Approve/Reject
Voice Wires Set-up
Type of request: New Update existing information Delete existing information Account numbers (list accounts to be debited for each wire transfer) 1)

G/L DDA
2)

G/L DDA
3)

G/L DDA
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For fax or email notification on intraday wire activity use the InfoFax setup form.

Mail Advice (this paper-based service is no longer available to add) Delete Mail Advice Mailing address for PINs (if blank, items will be mailed to address on primary statement mailing address) Mail PINs to:

Authorized callers (people authorized to initiate wires) $ Limit = Use "N" if unlimited. The limit applies to all functions unless noted otherwise. If no limit is noted we will set the limit as unlimited.

Initiation Type = If no Initiation Type is noted, we will set the individual up for both Repetitive and Non-Repetitive Wire Initiation.

Complete by checking appropriate box: R=Repetitive / B=Both Repetitive and Non-Repetitive.

Authorized callers
First and Last name $ Limit Phone number
including area code Initiation type
R B
Alternate Account to be charged for wire fees
List account only if wire fees are to be assessed to this account. (Alternate account to be charged must be an Analyzed account. Not available to Retail customers.)
DDA AU and G/L
Optional Verify Callback Service (does not apply to repetitive wires) Selecting this fee-based service requires a minimum of two persons with wire transfer authority because the initiator of a wire cannot also approve the wire. If the form does not indicate an Authorized Approver other than the initiator, the optional Verify Callback Service cannot be provided.

Authorized Approvers
First and Last name $ Limit Phone number
including area code
Payment Authorization Service
This service is part of, and will be subject to the terms and conditions stated in the Commercial Account Agreement ("Agreement").

This set-up form supersedes any and all prior payment authorization service forms set up on the referenced account numbers.

Termination: The Service(s) may be immediately terminated by you or us at any time with or without cause by giving written notice to the other party.

Type of request - Select request type. (Refer to the reference guide for complete instructions.) Account-specific Request
Add Payment Authorization Service
features checked below to all existing
Subaccounts listed under the Master
Account –
NOTE: Must attach subaccount list.

Does not apply to Maximum Check
Amount Authorized Payment Service.

Blanket Company Level Approval –
Checking this box covers all future accounts
and/or subaccounts owned by the specified
legal entity. (A separate form must be
completed for each legal entity.)
For Account-specific requests, enter individual account number or Master account number. Does not apply to Blanket Company Level Approval and do not list all Subaccounts.
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Maximum Check Amount Authorized Payment Service (not available in conjunction with Positive Pay or Perfect Presentment) Service: Under the Maximum Check Amount Authorized Payment Service (the "Service") we will automatically (without your specific approval) return unpaid (marked "REFER TO MAKER") checks presented to us drawn against your account specified below which exceeds the Maximum Dollar Authorized Payment Amount specified below:

Check one: Add service Change amount Delete service
Maximum Dollar Authorized payment amount:

Account Number(s):

Maximum Check Cashing Amount Authorized Payment Service (not available in conjunction with Positive Pay or Perfect Presentment) Service: Under the Maximum Check Cashing Amount Authorized Payment Service (the "Service") we will (without your specific approval) refuse encashment of checks presented to us through our branch/store network drawn against your account specified below which exceed the Maximum Check Cash Amount specified below:

Check one: Add service Change amount Delete service
Maximum Dollar Authorized payment amount:

Account Number(s):

Maximum Over the Counter Amount Authorized Payment Service Service: Under the Maximum Over the Counter Amount Authorized Payment Service (the "Service") we will (without your specific approval) refuse withdrawal requests presented to us through our branch/store network drawn against your account specified below which exceeds the Maximum Over the Counter Withdrawal Amount specified below Check one: Add service Change amount Delete service
Maximum Over the Counter Withdrawal:

Account Number(s):

Checks to Individuals Authorized Payment Service
Service: Under the Checks to Individuals Authorized Payment Service (the "Service") we will (without your specific approval) refuse encashment of checks presented to us through our branch/store network drawn against your account specified below for any item made payable to an individual.

Check one: Add service Delete service
Account number(s):

Customer Legal Entity information
The enrollment contains ACH, Wire, or Sweep services the following Customer Entities:

Customer Legal Entity name(s) Entity ID type Entity ID
Select One
Designation of Wells Fargo Stagecoach Sweep® Option
Customer DDA(s)
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Statements and/or Confirmations will be sent to Customer by electronic means unless otherwise requested by Customer.

Electronic means include Bank's Commercial Electronic Office®, facsimile and/or Secure E-Mail.

The Wells Fargo Stagecoach Sweep® Service Description can be viewed by pasting this link into an internet browser window:
https://wellsoffice.wellsfargo.com/ceopub/assets/pdf/stgcoach-swp/Stagecoach_Sweep_Service_Description.pdf Investment Sweep
Customer elects the Wells Fargo Stagecoach Sweep Preferred Option.

Add Change
Target Balance*:
*Note: this is the target balance at the time of form completion and does not reflect any subsequent update requests.

Customer elects the Wells Fargo Stagecoach Sweep Repurchase Agreement Option with secondary Wells Fargo Stagecoach Sweep, Preferred Option.

Add Change
Target Balance*:
*Note: this is the target balance at the time of form completion and does not reflect any subsequent update requests.

Customer elects the Wells Fargo Stagecoach Sweep Repurchase Agreement Option.

Add Change
Target Balance*:
*Note: this is the target balance at the time of form completion and does not reflect any subsequent update requests.

Customer elects the Wells Fargo Stagecoach Sweep Fed Funds Purchased Agreement Option. (Correspondent Bank Only) Add Change
Target Balance*:
*Note: this is the target balance at the time of form completion and does not reflect any subsequent update requests.

Customer elects the Wells Fargo Stagecoach Sweep Fed Funds Sold Agreement Option. (Correspondent Bank Only) Add Change
Target Balance*:
*Note: this is the target balance at the time of form completion and does not reflect any subsequent update requests.

Customer elects the Wells Fargo Stagecoach Sweep Fed Funds Purchased and Sold Agreement Option. (Correspondent Bank only)
Add Change
Target Balance*:
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Money Market Mutual Fund Sweep
Customer elects the Allspring Treasury Plus Money Market Fund - Class A - Fund 453 Option.

Add Change
Target Balance:

Customer elects the Allspring Treasury Plus MMMF- Service Class - Fund 454 Option.

Add Change
Target Balance:

Customer elects the Allspring 100% Treasury Money Market Fund - Service Class - Fund 8 Option.

Add Change
Target Balance:

Customer elects the Allspring Government MMMF Admin Class - Fund 947 Option.

Add Change
Target Balance:

Customer elects the Allspring Government MMMF Institutional - Fund 1751 Option.

Add Change
Target Balance:

Customer elects the Allspring Government MMMF Select Class - Fund 3802 Option.

Add Change
Target Balance:

Customer elects the Allspring Treasury Plus MMMF Institutional - Fund 793 Option.

Add Change
Target Balance:

Credit Sweep
Customer elects Bank's Credit Sweep Option.

Add Change
Target Balance:

Obligor # (if applicable):

Loan # (Obligation):
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Wire Transfer Services - Security Procedure Elections
For detail on the Security Procedure for an applicable initiation method, refer to the language in the Treasury Management Security Procedures Reference Guide. The Initiation Method(s) and Security Procedure(s) Customer has elected for Wire Transfers are:

Commercial Electronic Office® (CEO®)
Dual Custody
The CEO portal is our electronic banking portal that is accessed through the internet. The CEO portal security procedures are log-on credentials specified by us including a company ID, user ID, password, token, and any other authentication or authorization process we require from time to time. We will use the CEO security procedures to authenticate each Payment Order received through the CEO portal in your name. Our recommended CEO security procedures also include dual custody for select, high-risk wire activities. With dual custody, an authenticated second user approves these activities. There is no additional charge for dual custody.

Single Custody
The CEO portal is Bank’s electronic banking portal that is accessed through the Internet. The CEO security procedures are log- on credentials specified by Bank including a company ID, user ID, password, token, and any other authentication or authorization process Bank requires from time to time. Our recommended CEO security procedures include dual custody for select, high-risk wire activities. With dual custody, an authenticated second user approvers these activities. There is no additional charge for dual custody.

When you decline to use dual custody and elect to use single custody with Secure Validation, there is no secondary approval for any high-risk wire transfer activities. Instead, a single-use code is sent to an enrolled telephone number to confirm a high-risk wire transfer activity. Single custody with Secure Validation provides a lower level of protection than dual custody. You acknowledge the reduced security associated with, and recognize the risks and losses that may materialize from, your decision to use single custody with Secure Validation.

Payment Manager®
Secure Application File Exchange Transmission ("SAFE-T") This transmission platform offers a variety of transmission protocols including hypertext transfer protocol secured (https), FTP over SSL (FTP/S), secure FTP (S-FTP), and Applicability Statement 2 (AS2) that we use to authenticate each Payment Order transmitted to us in your name.

Machine-to-Machine ("M2M")
This transmission method uses an XML message interface that is based on the Interactive Financial eXchange (IFX) message standard using SOAP structured messages. Data is communicated via the internet using 128-bit encryption and Secure Socket Layers (SSL). We use digital certificates to authenticate each Payment Order transmitted to us in your name.

IBM
® Connect:Direct® with Secure Plus+
Secure Plus+ is an add-on to Connect:Direct® to enhance security by means of Secure Socket Layer (“SSL”) or Transport Layer Security (“TLS”). Connect:Direct® is a registered trademark of Sterling Commerce, Inc., an IBM Customer.

Value-Added Network ("VAN")
With this transmission method, a third party serves as an intermediary for transmitting data between you and us. Procedures for transmitting Payment Orders may vary by VAN. We follow the procedures of the VAN selected by you to authenticate each Payment Order transmitted to us through the VAN in your name. 332

TM Product Enrollment
TM-1500 (Rev 04/2022)
Wells Fargo Gateway (API)
Through The Wells Fargo Gateway, you (i) access our Application Programming Interface (“API”) to securely request that we execute Payment Orders your behalf, and (ii) receive periodic updates from us as we process Payment Orders for you. The Wells Fargo Gateway uses tokenized transmission methods for direct communication between your internal payment system(s) and our payment system.

The Wells Fargo Gateway security procedures require digital authentication of you and us using tokens, API keys, mutual authentication of digital certificates and any other authentication or authorization process we may require from time to time. Your tokens, API keys, digital certificates, and your instruction to us do not identify an individual user initiating any request through the Wells Fargo Gateway. We validate only that you are authorized to issue Payment Orders and receive periodic updates via the Wells Fargo Gateway, not whether a particular user is authorized to initiate the request.

Voice
Our voice initiation security procedure consists of confirming that the personal identification number ("PIN") accompanying a Payment Order corresponds with a valid PIN assigned to you for voice-initiated Payment Orders. “Payment Order” is defined in the Wire Transfer Service Description.

i. Telephone Verification Service. If we receive a voice-initiated, non-repetitive Payment Order that exceeds the applicable pre- designated limit, we will make one attempt to telephone person(s) designated by you on your most current setup form in our records to verify the Payment Order. If we are unable to complete the call, we will not process the Payment Order.

SWIFT®
SWIFT has established procedures for controlling access to SWIFT messaging services (each, an “Access Control”) that may include without limitation access codes, message authentication codes, secure card readers, digital signatures, and Hardware Security Modules. In addition, SWIFT authenticates certain messages including without limitation Payment Orders based on SWIFT message type prior to accepting them for routing as SWIFT messages (each, an “Authenticated Message”). This authentication may include confirming that the sender and recipient of the message have exchanged bilateral keys (“BKE”), entered into a relationship management application (“RMA”) agreement, or taken other steps to secure the transmission of SWIFT messages between them as SWIFT requires from time to time (each, an “Authentication Procedure”).

ACH Origination Services - Security Procedure Elections For detail on the Security Procedure for an applicable initiation method, refer to the language in the Treasury Management Security Procedures Reference Guide. The Initiation Method(s) and Security Procedure(s) Customer has elected for ACH are:

Commercial Electronic Office® (CEO®) - Dual Custody
The CEO portal is our electronic banking portal that is accessed through the internet. The CEO portal security procedures are log- on credentials specified by us including a company ID, user ID, password, token, and any other authentication or authorization process we require from time to time. Our recommended CEO security procedures also include dual custody for select, high-risk ACH activities. With dual custody, an authenticated second user approves these activities. There is no additional charge for dual custody.

Dual Custody with User Approve Own Entitlements
The CEO portal is Bank's electronic banking portal that is accessed through the Internet. The CEO security procedures are log-on credentials specified by Bank including a company ID, user ID, password, token, and any other authentication or authorization process Bank requires from time to time. Our recommended CEO security procedures include dual custody for select, high-risk ACH activities. With dual custody, an authenticated second user approves these activities. There is no additional charge for dual custody.

When you declines to use full dual custody and elects to use dual custody at a company level with an option that allows designated users to use single custody, the security procedure would be as follows: With dual custody with “User Approve Own Entitlements,” designated users are permitted to use single custody. For these designated users, there is no secondary approval for any high-risk ACH activities. You acknowledge the reduced security associated with, and recognize the risks and losses that may materialize from, your decision to not use full dual custody with all users and instead permit designated users to use single custody under "User Approve Own Entitlements."
333

TM Product Enrollment
TM-1500 (Rev 04/2022)
Commercial Electronic Office® (CEO®) - Single Custody
The CEO portal is Bank's electronic banking portal that is accessed through the Internet. The CEO security procedures are log-on credentials specified by Bank including a company ID, user ID, password, token, and any other authentication or authorization process Bank requires from time to time. Our recommended CEO security procedures include dual custody for select, high-risk ACH activities. With dual custody, an authenticated second user approves these activities. There is no additional charge for dual custody.

When you decline to use dual custody and elect to use single custody with Secure Validation, there is no secondary approval for any high-risk ACH activities. Instead, a single-use code is sent to an enrolled telephone number to confirm a high-risk ACH activity.

Single custody with Secure Validation provides a lower level of protection than dual custody. You acknowledge the reduced security associated with, and recognize the risks and losses that may materialize from, your decision to use single custody with Secure Validation.

Direct Origination - Secure Application File Exchange Transmission ("SAFE-T") This transmission platform offers a variety of transmission protocols including hypertext transfer protocol secured (https), FTP over SSL (FTP/S), secure FTP (S-FTP), and Applicability Statement 2 (AS2).

Direct Origination - IBM® Connect:Direct® with Secure Plus+ Secure Plus+ is an add-on to Connect Direct to enhance security by means of Secure Socket Layer (“SSL”) or Transport Layer Security (“TLS”). Connect Direct® is a registered trademark of Sterling Commerce, Inc. an IBM Company.

Direct Origination - SWIFT® FileAct
SWIFT has established procedures for controlling access to SWIFT messaging services that may include access codes, message authentication codes, secure card readers, digital signatures, and Hardware Security Modules. In addition, SWIFT authenticates certain messages including without limitation Files based on SWIFT message type prior to accepting them for routing as SWIFT messages. This authentication may include confirming the sender and recipient of the message have exchanged bilateral keys (“BKE”), entered into a relationship management application (“RMA”) agreement, or taken other steps to secure the transmission of SWIFT messages between them as SWIFT requires from time to time.

Direct Origination - E-Bill Express
Wells Fargo Gateway (API)®
Through the Wells Fargo Gateway, you access our Application Programming Interface (“API”) to securely request that we originate ACH credit and/or debit Entries on your behalf, and receive periodic updates from us as we process ACH Entries for you. “Entry”, “Entries” and “Files” are each defined in the Nacha Operating Rules (and any applicable local ACH rules).

The Wells Fargo Gateway uses tokenized transmission methods for direct communication between your internal payment system(s) and our payment system. The Wells Fargo Gateway security procedures require digital authentication of you and us using tokens, API keys, mutual authentication of digital certificates and any other authentication or authorization process we may require from time to time. Your tokens, API keys, digital certificates, and your instruction to us do not identify an individual user initiating any request through the Wells Fargo Gateway. We validate only that you are authorized to request ACH origination and receive periodic updates via the Wells Fargo Gateway, not whether a particular user is authorized to initiate the request.

Payment Manager® - Secure Application File Exchange Transmission ("SAFE-T") This transmission platform offers a variety of transmission protocols including hypertext transfer protocol secured (https), FTP over SSL (FTP/S), secure FTP (S-FTP), and Applicability Statement 2 (AS2).

Payment Manager® - Machine-to-Machine ("M2M")
This transmission method may use an XML message interface that is based on the Interactive Financial eXchange (IFX) message standard using SOAP structured messages or other formats and protocols such as JSON and REST. Data is communicated via the internet using 128-bit encryption and Secure Socket Layers (SSL).

Payment Manager® - IBM® Connect:Direct® with Secure Plus+ Secure Plus+ is an add-on to Connect Direct to enhance security by means of Secure Socket Layer (“SSL”) or Transport Layer Security (“TLS”). Connect Direct® is a registered trademark of Sterling Commerce, Inc. an IBM company.

Payment Manager® - Value-Added Network ("VAN")
With this transmission method, a third party serves as an intermediary for transmitting data between you and us. Procedures for transmitting Payment Orders may vary by VAN. We follow the procedures of the VAN selected by you to authenticate each File transmitted to us through the VAN in your name.

Payment Manager® - SWIFT FileAct
SWIFT has established procedures for controlling access to SWIFT messaging services that may include access codes, message authentication codes, secure card readers, digital signatures, and Hardware Security Modules. In addition, SWIFT authenticates certain messages including without limitation Files based on SWIFT message type prior to accepting them for routing as SWIFT messages. This authentication may include confirming the sender and recipient of the message have exchanged bilateral keys (“BKE”), entered into a relationship management application (“RMA”) agreement, or taken other steps to secure the transmission of SWIFT messages between them as SWIFT requires from time to time. 334

TM Product Enrollment
TM-1500 (Rev 04/2022)
Third Party Service Provider
If you are utilizing a Third Party Service Provider (“TPSP”) as defined in the ACH Rules to originate Entries and Files on your behalf, we will authenticate each File transmitted to us in your name in accordance with the security procedure your TPSP has elected. You will notify us of any change to your TPSP in a manner affording us a reasonable opportunity to act on the information.

Third Party Service Provider:

Contact Person:

Telephone: Fax:

RTP Services
The Initiation Method(s) and Security Procedure(s) Customer has elected for RTP are:

Wells Fargo Gateway (API)®
Through The Wells Fargo Gateway, you access our Application Programming Interface (“API”) to securely (i) request that we execute RTP Payment Orders and RTP Messages on your behalf, and (ii) receive periodic updates from us as we process RTP Payment Orders and RTP Messages for you.

The Wells Fargo Gateway uses tokenized transmission methods for direct communication between your internal payment system(s) and our payment system. The Wells Fargo Gateway security procedures require digital authentication of you and us using tokens, API keys, mutual authentication of digital certificates and any other authentication or authorization process we may require from time to time. Your tokens, API keys, digital certificates, and your instruction to us do not identify an individual user initiating any request through the Wells Fargo Gateway. We validate only that you are authorized to issue RTP Payment Orders and RTP Messages and receive periodic updates via the Wells Fargo Gateway, not whether a particular user is authorized to initiate the request.

Bill Manager Service
The Initiation Method and Security Procedure Customer has elected for Bill Manager is:

Commercial Electronic Office® (CEO®)
The CEO portal is our electronic banking portal that is accessed via the internet. The CEO portal security procedures are log-on credentials specified by us including a company ID, user ID, password, token, and any other authentication or authorization process we require from time to time. The Bill Manager platform also requires entry of a one-time passcode provided via text message or an automated phone call to verify the device used to initiate the funds transfer.

E-Bill Express Service
The Initiation Method and Security Procedure Customer has elected for E-Bill Express is:

Bill File Inbound - SAFE-T
This transmission platform offers a variety of transmission protocols including hypertext transfer protocol secured (https), FTP over SSL (FTP/S), secure FTP (S-FTP), and Applicability Statement 2 (AS2).

AR File Outbound - SAFE-T
This transmission platform offers a variety of transmission protocols including hypertext transfer protocol secured (https), FTP over SSL (FTP/S), secure FTP (S-FTP), and Applicability Statement 2 (AS2).

CEO® EDD, Electronic Document Delivery Set-up - For Company and Customer(Biller) ID
Type of request
Customer (Biller) ID
(must be associated with the
CEO Company ID)
CEO User name CEO User ID Role (select one)
Add
Change
Delete
View only (default)
View and Authorize
Customer (Biller)
Administrator
335

TM Product Enrollment
TM-1500 (Rev 04/2022)
Type of request
Customer (Biller) ID
(must be associated with the
CEO Company ID)
CEO User name CEO User ID Role (select one)
Add
Change
Delete
View only (default)
View and Authorize
Customer (Biller)
Administrator
Add
Change
Delete
View only (default)
View and Authorize
Customer (Biller)
Administrator
Add
Change
Delete
View only (default)
View and Authorize
Customer (Biller)
Administrator
Zero Balance Account (ZBA)
Request Type Master Account Child Account Cycle Target Balance Add Change
International Zero Balance Account (ZBA)
Level 2 Accounts
Request
Type Child Account(s) Currency Transfer
Funds To Sweep Type Target
Balance
Minimum
Balance
Maximum
Balance
Add
Change
Debit*
Credit*
Target
Maximum
*One-way Sweep
Level 3 Accounts
Request
Type Child Account(s) Currency Transfer
Funds To Sweep Type Target
Balance
Minimum
Balance
Maximum
Balance
Add
Change
Debit*
Credit*
Target
Maximum
*One-way Sweep
336

TM Product Enrollment
TM-1500 (Rev 04/2022)
Customer Approval - (Authorized Signature Required)
Each person who signs this form on Customer's behalf is authorized to do so by resolution, agreement or other legally sufficient action of the governing body of Customer, if Customer is not an individual, or is an Authorized Signer on Customer's account.

Printed name of Authorized Signer Phone
Signature Date
Voice Wire only - Submitter information and instructions Internal Bank use only
Submitter name Submitter phone
Submitter email Submitter fax
Note: If Voice Wire is a component of this form, once the customer approves and signs the form, the Banker/Relationship Manager must approve and sign the form, then fax it to Wire Implementation at 866-922-6202 from a valid Wells Fargo fax. File copies in your location's record-retention file.
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Acceptance of Services
(EDOCS#17849129 Rev. 2022)

Acceptance of Services

1. Agreement to be Bound by Service Documentation
By signing this Acceptance of Services ("Agreement"), the customer identified on the signature block ("Customer" or "Company") confirms that it has received and agrees to be bound by the Service Documentation for the Treasury Management Services (each, a "Service"). Customer may also be referred to as "Company" in the Service Documentation. "Service Documentation" is defined in Wells Fargo Bank, N.A.'s ("Bank") Master Agreement for Treasury Management Services. Customer's use of any Service, including each Service Customer enrolls in, confirms Customer's receipt of and agreement to be bound by the Service Documentation relating to that Service.

2. Power and Authority of Signer
Customer has granted the person(s) signing this Agreement the authority on Customer's behalf to (i) enter into this Agreement and other agreements with Bank for Services on or after the Effective Date of this Agreement and (ii) amend, terminate or otherwise act on behalf of Customer with respect to this Agreement and the Services.

3. Security Procedures
Unless otherwise agreed, Customer agrees that "Security Procedure" is the applicable security procedure described in the Service Documentation for Customer's Initiation Method for the Service, which Bank will use to verify the authenticity of a Transaction.

The term "Initiation Method" refers to the method Bank offers in the product enrollment form ("Set-up Form") or other Service Documentation for delivering Customer's Transaction instructions to Bank with respect to the applicable Service and includes any applicable transmission protocols. The term "Transaction" means (i) any funds transfer or payment instruction (including any communication cancelling or amending an instruction), and (ii) any instruction, data or other information which Bank receives in Customer's name with respect to a funds transfer.

The purpose of the Security Procedure is to verify the authenticity of the Transaction.

Bank will not use the Security Procedure to detect an erroneous or duplicate transaction. Customer will be responsible for any erroneous or duplicate transaction Bank receives in Customer's name. Customer agrees to be bound by each Transaction, whether or not authorized by Customer, issued in Customer's name and accepted by Bank in compliance with the Security Procedure for the Service. 338
Acceptance of Services
(EDOCS#17849129 Rev. 2022)

4. Commercially Reasonable
Customer acknowledges that it has had an opportunity to review the Security Procedures offered by Bank in the Security Procedure Reference Guide, available on our Commercial Electronic Office portal. Customer agrees that each Security Procedure for the Initiation Method Customer has elected in the Set-up Form or other Service Documentation for each of its Services (a) best meets Customer's requirements with regard to the size, type and frequency of its Transactions, and (b) is commercially reasonable.

If Customer has refused to use a standard Security Procedure and elects a non- standard Security Procedure, then Customer expressly agrees that the non-standard Security Procedure(s) Customer has elected better meets Customer's requirements than any standard Security Procedure with regard to the size, type and frequency of Transactions issued by Customer to Bank and is commercially reasonable.

5. Confidentiality of Security Procedure and Authentication devices/passwords Customer and Bank will preserve the confidentiality of the Security Procedure(s) and any passwords, codes, security devices and related instructions provided by Bank. If one party becomes aware of a breach, or suspects that a breach may occur, it will promptly notify the other party. Customer will maintain effective internal procedures to safeguard against any unauthorized Transaction and warrants that no individual will be allowed to initiate a Transaction without proper supervision and safeguards.

Customer Name(s)
Printed Name of Authorized Representative
Signature
Date
339
© 2022 Wells Fargo Bank, N.A. All rights reserved.

Revised March 2022
Master Agreement for
Treasury Management Services
The Service Documentation contains the terms under which Wells Fargo Bank, N.A. and the banks, branches or subsidiaries listed in Appendix X (collectively, "Bank") provide you treasury management services (each a "Service"). "You," "your" or "yours" refer to the Bank customer identified on the Acceptance of Services that is signed when you enroll in a Service ("Acceptance"). The terms "we," "us," or "our" refer to the Bank. Other capitalized terms used in this Master Agreement for Treasury Management Services ("Agreement") are defined in this document.

You and we agree:

1. Service documentation. The Service Documentation contains the terms governing each Service and includes:
a. The Service Description (which contains terms and conditions applicable to the specific Service), b. The Acceptance (which indicates your acceptance of the Service Documentation), c. This Agreement (which contains terms and conditions applicable to all Services), d. The account agreement governing the account(s) (each, an "Account") you use in connection with the Service, e. The Product Enrollment Form (which contains set-up information for each Service in which you are enrolling), and f. User Guides (which include Terms of Use, software, software licenses, price schedules, specifications, instructions, and notices).

The documents and individual provisions of the Service Documentation are intended to be read together as one agreement between you and us. This Agreement and the Service Descriptions for Services you enroll in are posted at our Commercial Electronic Office® (CEO®) portal. If there is a conflict among the documents that are part of the Service Documentation, they will govern in the order listed above. Your use of a Service confirms your receipt of, and agreement to be bound by, this Agreement and all Service Documentation.

2. Services. You and we will agree upon the Services to be provided and the start date for each Service. Each Service is subject to the approval by our applicable branch or subsidiary. We will notify you when you have completed all requirements for enrolling in the Service and the Service is ready for you to use.

3. Changes to services. We may change (or add to) the terms and fees in the Service Documentation at any time. If a change to a Service requires a change to the Service Documentation, we will post the document(s) with the change on the CEO portal. When required by Applicable Law, we will notify you of the change. If you continue to use a Service after a change takes effect, you will be bound by the change. As used in this Agreement, the term "Applicable Law" means all applicable laws (including common or customary laws), statutes, constitutions, policies, decrees, judgments, treaties, regulations, directives, by-laws, rulings, orders or operating circulars governing our activities and/ or any Transaction (see section 6-a) governed by this Agreement, including, but not limited to, the funds transfer system and clearing and settlement house rules.

4. Term and termination. Unless a Service is terminated in accordance with the Service Documentation, this Agreement and each Service will continue in effect until terminated by either party upon 30 days' prior written notice to the other party. When a Service is terminated for any reason, the Service Documentation governing the terminated Service is also terminated.

We may suspend or terminate any Service:
340

a. After we notify you of a breach of any provision of the Service Documentation or any other agreement with us, and you fail to cure the breach (if it can be cured) within 15 days of the date of the notice; or b. Without prior notice to you if:
i. We reasonably suspect that an Account associated with a Service has been compromised or otherwise subject to irregular, unauthorized, fraudulent, or illegal activity, ii. You become subject to any insolvency or bankruptcy proceeding, or any receivership, liquidation, reorganization, or other similar proceeding, or you enter into any agreement or proceeding for voluntary liquidation, dissolution, composition with or assignment for the benefit of creditors or other winding up, iii. We determine in our sole discretion that continuing to provide a Service may place us at risk of financial loss or result in an unacceptable credit exposure,
iv. Any guaranty of your obligations to us ("Guaranty") is terminated, revoked, or its validity contested by the guarantor ("Guarantor"),
v. We determine in our sole discretion that a material adverse change has occurred in your ability to perform your obligations under the Service Documentation, or in the ability of a Guarantor to perform its obligations under a Guaranty, or
vi. The Account necessary to provide a Service is closed.

The termination of a Service will not affect your or our respective rights and obligations with respect to the Service(s) provided before the termination including without limitation Transactions. We will not be liable to you for any losses or damages you may incur as a result of any termination of any Service or termination or restriction of any CEO portal access rights under section 9(d) below.

5. Service fees. You will pay us the fees described in the Service Documentation and any taxes applicable to each Service, however designated, but excluding taxes based on our net income. We may debit your Account for any fees not covered by earnings credits and any taxes that are due, or we may send you an invoice for these amounts, which you will promptly pay. Our charges and fees are in the applicable fee schedule for Services used in connection with your Account.

6. Security procedures.
a. Unless otherwise agreed, you agree that "Security Procedure" is the applicable security procedure described in the Service Documentation for your Initiation Method for the Service, which we will use to verify the authenticity of a Transaction. The term "Initiation Method" refers to the method we offer in the product enrollment form ("Set-up Form") or other Service Documentation for delivering your Transaction instructions to us with respect to the applicable Service and includes any applicable transmission protocols. The term "Transaction" means (i) any funds transfer, payment order, or payment instruction (including any communication cancelling or amending an instruction), and (ii) any instruction, data or other information which we receive in your name with respect to a funds transfer. The purpose of the Security Procedure is to verify the authenticity of the Transaction. We will not use the Security Procedure to detect an erroneous or duplicate transaction. You will be responsible for any erroneous or duplicate transaction we receive in your name. You agree to be bound by each Transaction, whether or not authorized by you, issued in your name and accepted by us in compliance with the Security Procedure for the Service.
b. You agree that each Security Procedure for the Initiation Method in the Set-up Form or other Service Documentation for each of the Services (a) best meets your requirements with regard to the size, type and frequency of your Transactions, and (b) is commercially reasonable.

7. Confidential information. Unless otherwise stated in the Service Documentation, "Confidential Information" means all (a) User Guides and Terms of Use, and (b) Security Procedures, passwords, codes, security devices and related instructions. You will not acquire any ownership interest in or rights to Confidential Information as a result of your use of any Service.

You will:
a. Maintain the confidentiality of the Confidential Information, 341

b. Not disclose (or permit your employees or agents to disclose), copy, transfer, sublicense, or otherwise make any of it available to any person or entity, other than your employees who have a need to use the Confidential Information in connection with the applicable Service, and c. Not decompile, reverse engineer, disassemble, modify, or create derivative works of any Confidential Information.

You will notify us immediately if you know of or suspect any unauthorized disclosure, possession, use, or knowledge (each, an "Unauthorized Use") of any Confidential Information. If you (or your employees or agents) are responsible for the Unauthorized Use, you will, at your expense, promptly take all actions, including initiating court proceedings to recover possession and prevent further Unauthorized Use of the Confidential Information. You will also compensate us for any injury caused to us as a result of the Unauthorized Use.

8. Currency conversion. When your instructions require us to convert the amount of a Transaction from the currency in which the Account is denominated ("Account Currency") to another currency ("Foreign Currency"), we will do so using the Applicable Exchange Rate in effect at the time we execute your Transaction. "Applicable Exchange Rate" means the exchange rate we set and use for you when we convert one currency to another currency and includes a markup.

The markup factors include costs incurred, market risks and our desired return. The exchange rate we provide to you may be different from the exchange rates you see elsewhere. Foreign exchange rates are dynamic, and rates fluctuate over time based on market conditions, liquidity, and risks.

If a financial institution designated to receive the funds does not pay the beneficiary specified in the Transaction, and the funds are returned to us, we will not be liable to you for a sum greater than the amount of the Transaction after we have converted it from the Foreign Currency to the Account Currency using the Applicable Exchange Rate in effect at the time the funds are returned to us. You accept the risks of any change in the Applicable Exchange Rate between the time you request a Transaction and the time the Transaction is either completed or is unwound due to a cancellation, an amendment, a rejection, or a return.

9. CEO portal.
a. Description of the CEO portal. The CEO portal is our electronic banking portal that is accessed through the Internet. Your Authorized Agents (defined below) may use the CEO portal to access (i) Services in which you have separately enrolled and (ii) third-party sites we may make available through the CEO portal. We offer different channels through which you may access the CEO portal, including personal computers and mobile devices. We may add or eliminate channels at any time. A Service or third party site accessible through one channel may not be accessible through another channel.
b. Access to the CEO portal. When you enroll in the CEO portal, and as we may determine is necessary after enrollment, we will provide Log-On Credentials (defined below) to the persons who are authorized to access the CEO portal on your behalf (each, an "Authorized Agent"). Log-On Credentials mean one or more secure methods we provide to access the Services and may include user IDs, passwords, token IDs, and other methods that we adopt from time to time. We have no obligation to separately verify or authenticate any communication we receive in your name through the CEO portal, whether or not it was actually from an Authorized Agent. You assume the entire risk of (i) unauthorized use of your Log-On Credentials and (ii) unencrypted electronic transmissions. c. Administration of the CEO portal. We offer two options for administering the CEO portal: (i) Administration and (ii) Bank administration.
i. Administration. If you enroll in the Administration option, there are three categories of Authorized Agents:

Company Administrator, Administrator, or User. Unless you and we separately agree, we will provide Log-On Credentials only to your initial Company Administrator(s) who will (a) assign Log-On Credentials to other individuals and (b) designate those individuals as one of the following:
(1) A Company Administrator, who may perform all functions of your initial Company Administrator, (2) An Administrator, who may perform all functions of an Administrator including designating other Administrator(s) and User(s), or
(3) A User, who may access the Services designated by a Company Administrator or an Administrator, as well as those Services in which we permit a User to self-enroll. 342

Each Company Administrator and Administrator has the authority to enroll you in additional Services. In addition to your use of Administration as described in this subsection, you may request that we assign Log-On Credentials to Users that you designate in writing to us. Your designation to us will specify the Services which the User is authorized to access in addition to those Services in which we permit a User to self-enroll.
ii. Bank administration. For the Bank administration option, there is one category of Authorized Agent:

Users. We will assign Log-On Credentials to each User you designate.

You will promptly revoke the Log-On Credentials of any Authorized Agent or User when that individual is no longer authorized to access the CEO portal. If you notify us in writing to revoke the Log-On Credentials of an Authorized Agent or User, we will have a reasonable time after receiving your written notification to revoke the individual's access.
d. Terminating access. We may terminate or restrict any Authorized Agent's access to any Service through the CEO portal if we determine such use:
i. Does not comply with any term applicable to the CEO portal, ii. Is not permitted by Applicable Law,
iii. Is not authorized by you or any third party whose authorization we believe is necessary, or iv. Should be denied for your or our protection (without us agreeing to or being required to make this determination in any circumstance).
e. Financial information. Financial market data, quotes, news, research, and other financial information developed by third parties and transmitted to us ("Financial Information") may be available to you at the CEO portal. The posting of any Financial Information or any other information or data at the CEO portal is not a recommendation by us of any particular Service or transaction. We do not guarantee the accuracy or completeness of any Financial Information, nor are we responsible for (i) the actions or omissions of the third parties developing or transmitting Financial Information or (ii) any decision you make or action you take by relying on any Financial Information. f. Miscellaneous. For purposes of this section 9 only, "Service" includes each service and product we or any of our affiliates offer that you access through the CEO portal. This section 9 will survive the termination of any Service or this Agreement.

10. Alerts.
a. Non-subscribed alerts. When you enroll in the CEO portal or other channels or Services, you consent to receiving by email or other delivery channels, servicing messages that we determine are important or urgent. You do not need to subscribe to receive such alerts and you do not pay additional service fees. b. Subscribed alerts. You may also enroll in fee-based alerts for applicable Services so that you can receive messages you subscribe to at the intervals and through delivery channels that you choose.

11. Liability and indemnification.
a. We are not obligated to honor, in whole or in part, any Transaction or other instruction that:
i. Exceeds the available balance in the Account, unless otherwise provided in the Service Documentation, ii. Does not comply with the Service Documentation or our applicable policies, procedures, or practices made available to you,
iii. We have reason to believe may not have been duly authorized, should not be honored for our or your protection, or involves funds subject to a hold, dispute, restriction, or legal process, or iv. Would possibly result in us not complying with Applicable Law. b. Neither we nor our software vendors make any express or implied representations or warranties with respect to the Services or any software used in connection with the Services, including any warranty as to the merchantability or fitness for a particular purpose, other than those expressly set forth in the Service Documentation.
c. Any claim, action, or proceeding against us for losses or damages arising from a Service, must be brought within one year from the date of the act or omission, except as otherwise stated in the account agreement governing the Account.
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d. We will have no liability for our failure to perform or delay in performing a Service if the failure or delay is due to circumstances beyond our reasonable control. If we determine that any funds transfer or communications network, Internet service provider, or other system used to provide a Service is unavailable, inaccessible, or otherwise unsuitable for use by you or us, we may, upon notice to you, suspend or discontinue the affected Service.
e. We will only be liable to you for actual damages incurred as a direct result of our failure to exercise reasonable care in providing the Services. Reasonable care requires only that we follow standards that do not vary unreasonably from the general standards followed by similarly situated banks. Our policies and procedures are general internal guidelines for our use and do not establish a higher standard of care for us than otherwise established under Applicable Law. A mere clerical error or an honest mistake will not be considered a failure by us to perform any of our obligations. Our liability to you will be limited to an amount not greater than 10 times our fees incurred in the calendar month immediately before the calendar month in which the loss or damages were incurred (or, if no fees were incurred in that month, our fees incurred in the month in which the losses or damages were incurred).
f. Except in the case of our negligence or intentional misconduct, you will indemnify and hold us, our directors, officers, employees and agents ("Representatives") harmless from all losses or damages that arise out of:
i. The performance of a Service in compliance with the Service Documentation, including any warranty we are required to make to a third party in connection with a Service, ii. An act or omission of any of your agents, couriers, or Authorized Agents, and iii. If the Service includes a license or sublicense of any software, any use or distribution of the software by you or any person gaining access to the software through you that is inconsistent with the license or sublicense.

You will promptly provide us with written proof of loss, and notify us if you become aware of any third party claim related to a Service. You will cooperate fully (and at your own expense) with us in recovering a loss. If we reimburse you, we or our designee will be subrogated to all of your rights (i.e., we will be entitled to assert any legal rights you had relating to the claim).
g. Except as expressly provided otherwise in the Service Documentation, neither party nor its Representatives will be liable to the other party for:
i. Any special, consequential, incidental (including court costs and attorneys' fees), indirect, or punitive losses or damages, or
ii. Business interruption, loss of profits, loss of business, loss of revenue, loss of goodwill, loss of opportunity, loss or injury to reputation, or loss of anticipated savings, whether any claim is based on contract or tort, or whether the likelihood of these losses or damages was known to the other party and regardless of the form of the claim or action.
h. When you send payments on behalf of your third party customers, you agree you are solely liable to your customers for any and all losses those customers may suffer. We exclude all and any liability of whatever nature (including those losses detailed in subsection g above) arising out of your relationship with your customer.

12. Governing law. The Service Documentation will be governed by: (a) U.S. federal law and (b) the law of (i) the U.S. state in which the office of Bank that maintains the Account is located or, if there is no such state or no account associated with such Service, (ii) the State of New York, without reference to its principles of conflicts of laws ("Governing Law").

13. Arbitration agreement. Upon demand by you or us, any dispute or claim arising out of or relating to this Agreement, or the breach thereof, must be submitted to arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and must be heard before three arbitrators if the amount in dispute is U.S. $5,000,000 or more or its equivalent in any other currency, and before one arbitrator for amounts in dispute of less than U.S. $5,000,000 or its equivalent in any other currency. Arbitration will proceed in a location selected by AAA in the state of the applicable Governing Law, and if there is no such state, the place of arbitration must be New York, NY. The language of the arbitration must be English. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This arbitration requirement does not limit the right of you or us to: (a) 344

exercise self-help remedies including setoff or (b) obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of you or us to submit any dispute to arbitration hereunder, including those arising from the exercise of the actions detailed in (a) and (b) of this section.

14. Jurisdiction. For any proceedings regarding this Agreement (not subject to arbitration as provided in this Agreement), you hereby irrevocably submit to the jurisdiction of the courts of the Borough of Manhattan, New York City, in the State of New York or the federal courts located there and irrevocably agree that all claims in relating to the proceeding may be heard or determined in those courts.

15. Miscellaneous.
a. Severability. Any portion of the Service Documentation which is inconsistent with Applicable Law or Governing Law will be deemed modified and applied in a manner consistent therewith, and we will incur no liability to you as a result of the inconsistency or modification and application to any dispute regarding the Service Documentation.

If any portion or provision of the Service Documentation is deemed unenforceable, it will not affect the enforceability or validity of the remaining Service Documentation nor the enforceability or validity of that portion or provision under the law of any other jurisdiction.
b. Entire agreement. The Service Documentation (and any documents referred to therein):
i. Constitutes the entire agreement between you and us regarding the Services we provide for all Accounts opened with us, and
ii. Supersedes and extinguishes all prior agreements, understandings, representations and warranties of any nature (including requests for proposals and other sales material), whether oral or written, between you and us relating to any of our Services (including any other Master Agreement for Treasury Management Services, but excluding the current Commercial Account Agreement or Global Commercial Account Agreement, as applicable).
c. Electronic agreement. To facilitate execution, the Service Documentation may be executed by a party in the form of an "Electronic Record" (as defined in the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ["ESIGN Act"]). The Service Documentation may be executed in as many counterparts as may be required to reflect all parties' approval, and all counterparts will collectively constitute a single agreement.

An "Electronic Signature" (as defined in the ESIGN Act) that can be authenticated will constitute an original and binding signature of a party. The fact that a document is in the form of an Electronic Record or is signed using an Electronic Signature will not, in and of itself, be grounds for invalidating such document. d. No waiver. Neither our failure nor any delay by us in exercising any right or remedy will be deemed to be a waiver of the right or remedy. No course of dealing or waiver of any right on one occasion will constitute a modification of the Service Documentation or be a waiver of that right on a subsequent occasion. e. Third party beneficiaries. Except as otherwise provided in the Service Documentation, no person or entity other than the parties to this Agreement will be deemed to be a third party beneficiary under the Service Documentation.
f. Financial condition. You will provide us promptly upon our request any existing financial statements or other information pertaining to your financial condition or any previously unprepared financial statements which we may require you to prepare and/or to be audited or reviewed by independent certified public accountants acceptable to us.
g. Your representations and warranties. You represent and warrant that: (i) you will not use any Service in a manner that would violate any Applicable Law by you or us; (ii) if you employ an agent in connection with its use of any Service, you represent and warrant to us that: (1) your governing body has duly authorized the agent; (2) you will exercise appropriate controls to ensure each authorized agent does not exceed the authority granted to it; and (3) you will preserve the confidentiality of the Log-On Credentials and immediately notify us if you become aware or suspect that any Log-On Credential may have been compromised. h. Use of names. You and we will not use each other's name or refer to our relationship in any solicitation, marketing material, advertisement, news release, or other written, online or oral communication without specific prior written consent for each such use or release, except that we may use your name as a reference in service proposals if we obtain your prior written approval for such use. 345

i. Notices and communications.Either party may provide notice to the other party by mail, personal delivery, or electronic transmission.
i. You will notify us promptly in writing of any change in your name, Address, legal status, or any other changes relevant to the conduct of the Account or affecting your business relationship with us. ii. The term "Address" as used in this Agreement refers to a mailing or electronic address. iii. You will use the Address where your relationship manager or other manager is located and will address any notice to the attention of the manager.
iv. Each party will have a reasonable time after receipt of any notice to act on it. v. Any communication or notice to us from your agent about your use of a Service will be deemed to be a communication from you, and you authorize us to communicate with your agent about any such communication or Service.
vi. We are entitled to rely on any communication or notice from you that we believe in good faith was authorized by your authorized representative or Authorized Agent and, we will have no obligation to verify or authenticate an identity of a sender or signature on any notice or communication, except as expressly provided in the Service Documentation.

16. Survival. Sections 7, 9, 11 - 15 will survive termination of the Services or this Agreement. 346

Appendix X
Applicable Branches or Subsidiaries of Bank

1. Wells Fargo Bank, N.A., UK Branch

2. Wells Fargo Bank, N.A., Canadian Branch

3. Wells Fargo Bank, National Association, Shanghai Branch

4. Wells Fargo Bank, National Association, Hong Kong Branch 347

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: November
9, 2022
SUBJECT:

Contract Extension with WRCOG and Yunex LLC for
Streetlight Maintenance
SUBMITTED BY:

Jason Farag
PREPARED BY:

Terri Abercrombie, Development Services Technician

ACTION:

Authorize the City Manager to execute the Second Amendment to Appendix 11 of the Amended and Restated Professional Services Agreement (PSA) related to streetlight operations and maintenance between the Western Riverside Council of Governments (WRCOG), Yunex LLC, and the City of Wildomar.

SUMMARY:

The Second Amendment to Appendix 11 extends the contract term for the existing streetlight operations and maintenance Professional Services Agreement (PSA) between the Western Riverside Council of Governments (WRCOG), Yunex LLC, and the City of Wildomar. The existing agreement expires on December 1, 2022. With the approval of this second amendment, the term of the PSA will continue to December 1, 2023.

BACKGROUND:

Over the past several years, the City worked with WRCOG and other regional partners to acquire existing streetlights from Southern California Edison (SCE). The City’s acquisition of SCE streetlights was completed in 2021. This effort also included the retrofit of all acquired streetlights with LED fixtures. The City is currently scheduling the final LED retrofits for the few remaining lights that were previously missed. As part of this acquisition and retrofit process, the City entered into an agreement with WRCOG and Yunex (previously Siemens Industry/Siemens Mobility) for the retrofit of streetlights and for on-going operations and maintenance of streetlights. Below is a summary of prior actions and dates related to these agreements.

December 18, 2017 - WRCOG and Siemens Industry, Inc. entered into a Professional Services Agreement.

March 27, 2018 - The City of Wildomar executed Appendix 11 to the Agreement. 348
December 16, 2019 - WRCOG, Siemens, and the City executed the first Amendment to the original Appendix 11 to include a CPI increase and assignment of Appendix 11 from Siemens Industry, Inc. to Siemens Mobility, Inc. (SMI).

March 18, 2022 - SMI sent a letter requesting transfer of the Appendix from SMI to Yunex, LLC.

June 10, 2022 - the City consented by letter to the transfer request from SMI.

DISCUSSION:

Currently, Yunex provides streetlight operations and maintenance (O&M) services to the City of Wildomar as part of a regional agreement that the City is party to with WRCOG and other Cities in the region. These services are described in Appendix 11 of the Amended and Restated Professional Services Agreement (PSA) related to streetlight operations and maintenance between WRCOG, Yunex, and the City (Agreement) (Attachment A). Earlier this year, WRCOG reached out to City staff regarding a possible extension to the Agreement with Yunex. In July 2022, staff also attended a streetlight O&M workshop hosted by WRCOG.

Other participating agencies were also in attendance and the group expressed satisfaction with the service provided by Yunex.

Yunex has implemented a customer service portal to effectively manage all incoming streetlight inquiries from the public, along with a 24/7 telephone answering service. Yunex has satisfactorily performed routine streetlight maintenance tasks as called for in the Agreement.

Staff recommends extending the existing agreement with Yunex to continue providing streetlight operations and maintenance services. These services may include, but are not limited to, repair and replacement of damaged/inoperable fixture material, photocell repair and maintenance, quarterly review of system operation, and extraordinary street light maintenance duties including 24/7 emergency response and pole knockdown repair. A copy of the amendment is included as Attachment B.

Yunex is also currently the City's traffic signal maintenance service provider under a separate agreement and as such, is familiar with the City and its operations.

If the City chooses not to approve this amendment, the City will need to separately secure a maintenance contract for streetlights.

FISCAL IMPACT:

Street Light Maintenance is a line item in the approved budget.

There is no impact to the General Fund in approving this amendment.

ACCOUNT CODE:
284-600-4500-58512

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ATTACHMENTS:

A - Appendix 11 of the Professional Services Agreement
B - Second Amendment to PSA (Appendix 11)
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.14
Meeting Date: November
9, 2022
SUBJECT:

Approval of a Services Agreement with SCA of CA, LLC for Street Sweeping Services
SUBMITTED BY:

Jason Farag
PREPARED BY:

Jason Farag, Public Works Director

ACTION:

Authorize the City Manager to execute a Services Agreement with SCA of CA, LLC for Street Sweeping Services
SUMMARY:

The City's franchisee for solid waste handling services will no longer provide street sweeping services, effective December 1, 2022. As a result, the City must enter into a services agreement with a separate street sweeping contractor to continue to provide street sweeping services to the community. The proposed agreement would maintain the same level of street sweeping services that the City has been receiving through its waste hauling franchise agreements.

BACKGROUND:

The City has historically received street sweeping services through its solid waste hauler franchise agreements. Effective December 1, 2022, the City's franchisee for solid waste handling services will no longer provide street sweeping services. As a result, the City must enter into a services agreement with a separate street sweeping contractor to continue providing street sweeping services to the community.

DISCUSSION:

At the October 26 City Council Special Meeting, the City Council found that it would be advantageous to the City to dispense with the requirements of WMC Section 3.28 regarding procurement of contracts for services over $50,000 and directed staff to bring back a services agreement for street sweeping between the City of Wildomar and Sweeping Corp of America.

Attachment A includes a proposed Services Agreement between the City of Wildomar and SCA of CA, LLC (SCA) for Street Sweeping Services (Agreement). Under this new agreement, 366
SCA would begin street sweeping services on December 1, 2022. Street sweeping services provided under this agreement would be consistent with the existing street sweeping services that the City has been receiving by its solid waste hauler franchise agreements. A map and summary of the street sweeping to be provided under the proposed agreement are included as an exhibit to the Agreement and are included as Attachment B herein, for reference.

The services agreement is for a duration of three (3) years, with two (2) one (1) year extensions available.

As directed by City Council at the October 26 Special City Council Meeting, staff will evaluate the funding options to provide City-wide street sweeping and will bring this item back to the City Council at a future date during this fiscal year for consideration.

FISCAL IMPACT:

To maintain current street sweeping service levels, the three (3) year services agreement is estimated to cost $256,077. Funds for street sweeping services will come from the CR&R's Waste Hauling Franchise Agreement Mitigation Fees for Street Sweeping.

There is no impact to the General Fund.

ACCOUNT CODE:
212-455-4560 (Waste Services - Street Cleaning)

ATTACHMENTS:

A - Street Sweeping Services Agreement
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// 2021
RIV #4814-7282-0706 v1

AGREEMENT FOR SERVICES

By and Between

THE CITY OF WILDOMAR,
a municipal corporation

and

SCA OF CA, LLC,
a limited liability company
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RIV #4814-7282-0706 v1 - 1 -

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND

SCA OF CA, LLC

This Agreement for Services (“Agreement”) is entered into as of this 9th day of November, 2022 by and between the City of Wildomar, a municipal corporation (“City”) and SCA of CA, LLC , a limited liability company (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by direct negotiation, the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be a s particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years (“Initial Term”) commencing on the date first ascribed above. At the sole discretion of the City, the parties may extend the Term of this Agreement by two additional one -year terms. Not less than (90) days prior to the expiration of the current Term of the Agreement, Service Provider shall provide notice to City of its request to extend the Term. The City shall provide notice to Service Provider not less than thirty (30) days prior to the expiration of the current Term of whether the City agrees to the requested extension. The City Manager shall have the authority to approve an extension to the Term of this Agreement in accordance with this Section 1.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. 369
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(a) Scope of Services . Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of S ervices” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforc e the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Fifty Seven Thousand dollars ($257,000) for the Initial Term of the Agreement , unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Each month Service Provider shall furnish to City an origin al invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred ar e in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any 370
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charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. (e) Service Provider’s invoices shall be subtotaled by “Sweeping Location”, as identified in Exhibit “B”.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either d uring performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer f iles, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents pre pared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service 371
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Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.

SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the da te of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, a udit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or re cords required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Acces s to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible 372
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for the means, methods, techniques, seq uences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement reg arding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Prov ider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.

SECTION 9. STANDARD OF PERFORMANCE.

Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, co mpetently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws apply to this Agreement. Service Provider agrees to comply with all provisions of the California Labor Code and regulations promulgated thereunder. Service Provider agrees 373
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to comply with all Prevailing Wage provisions included in the Scope of Services. However, where conflicts exist between the provisions included in the Scope of Services and the California Labor Code and regulations promulgated thereunder, the latter shall govern.

SECTION 12. NONDISCRIMINATION.

Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual orientation, gender, gender identity, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed again st City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider ’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work p roduct produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information 374
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is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agre ement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.

Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, req uest for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any depositio n, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response doe s not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Serv ice Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all 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 attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees 375
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or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedin gs, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub -Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “E” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of 376
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Service Provider’s duties or obl igations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be exte nded, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City m ay, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under 377
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Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by email, telecopier or cer tified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
Email: [email protected]
To Service Provider: SCA of CA, LLC
Attn: Mike Siragusa
4141 Rockside Road, Suite 200
Cleveland, OH 44131
Email: [email protected]

Notice shall be deemed effective on the date personally delivered or transmitted by email or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the 378
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other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendme nts that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Ag reement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provisi on nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This A greement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of t his Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, inclu ding the attached Exhibits "A" through " E", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF WILDOMAR
___________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk
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APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
___________________________________
“Service Provider”: SCA of CA, LLC
By: __________________________ By: _______________________________

Name:_ Christopher Valerian Name: Erin Quinn

Its (Title): President and CEO Its (Title): VP & General Counsel NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
381

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
382

RIV #4814-7282-0706 v1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

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.

STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
383

EXHIBIT "A"

SCOPE OF WORK/SCOPE OF SERVICES

1. PREVAILING WAGE
A. All or a portion of the services in this Agreement is considered a public works project according to California Labor Code section 1771 and subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Prevailing wage and registration requirements remain in effect throughout the period of performance of this Agreement. CONTRACTOR will provide its DIR registration each fiscal year to CITY within ten (10) business days of renewal. CITY will register this Agreemen t annually and provide CONTRACTOR with the applicable DIR project identification number in which to reference when uploading electronic certified payroll records (eCPR) to www.dir.ca.gov as required.

CONTRACTOR must also provide a copy of its certified payroll records to CITY at the same time those records are provided to the DIR. CONTRACTOR shall pay its employees the general prevailing rate of pay for each craft or type of workman or mechanic needed to perform under this Agreement in compliance with applicable DIR requirements.

CONTRACTOR shall comply with the requirements set forth in Exhibit D, Prevailing Wage Requirements, attached hereto and incorporated herein by this reference.

2. GENERAL REQUIREMENTS & NOTES
A. The CONTRACTOR’s primary objective of this street sweeping contract is to pick up all leaves, paper, dirt, rocks, cans, and/or other debris to ensure free flow of water in the gutter and to maintain streets in a state of cleanliness. The CITY will make the final determination as to whether the street sweeping service has been satisfactorily completed. CONTRACTOR is required to sweep routes twice monthly at the very minimum.

B. CONTRACTOR shall meet wage and reporting requirements as set forth in this Agreement.

C. CONTRACTOR shall furnish all necessary legal transportation, permits, insurance and taxes, in their performance of the scope of services.

D. CONTRACTOR shall provide all labor, materials, tools, equipment, traffic control, fuel, and supervision necessary in their performance of the scope of services.

E. CONTRACTOR shall schedule work during normal working hours, Monday thru Friday, 6:30 A.M. to 5:30 P.M. CONTRACTOR shall obtain prior approval by the appropriate Public Works Department staff for any and all work outside normal working hours, with the exception of emergency situations. CONTRACTOR shall not schedule or plan street sweeping services on Saturdays or Sundays.

F. DRESS CODE AND APPEARANCE – The CONTRACTOR shall be required to provide uniforms,. Contracted personnel shall wear uniforms, at all times, when working on CITY projects.

G. TRAFFIC CONTROL - Traffic Control is the sole responsibility of the CON TRACTOR. 384

Additional traffic control may be required if existing traffic control is deemed insufficient.

H. VEHICLE LABELING – The CONTRACTOR shall provide company name and telephone number on all vehicles working on CITY projects. Labeling may be permanent or temporary.

I. VEHICLE SAFETY – The CONTRACTOR shall provide on their onsite vehicles a ‘backup warning device’ that operates automatically while the vehicle is backing, such as a buzzard, bell, horn, etc. Vehicles should be parked in such a manner as not to create confusion, a hazard, or block signage. The CONTRACTOR shall provide on all of their vehicles a hi gh- intensity rotating, flashing, oscillating or strobe light on their vehicles. Vehicle hazard warning signals may be used to supplement the above required lighting, but not as a replacement.

Vehicles shall be in good working order, safe, legally registered to the CONTRACTOR, well maintained, and good in appearance.

J. VEHICLE OCCUPANCY – CONTRACTOR shall not exceed passenger vehicle occupancy safety ratings.

K. EQUIPMENT TRAINING - CONTRACTOR shall be responsible for the proper education of their employees on al l equipment used by the employees. CONTRACTOR shall at a minimum perform annual safety instruction.

L. DRIVER LICENSING – CONTRACTOR shall ensure and verify each Driver has the correct State of California Department of Motor Vehicles license/endorsement for e quipment operated by the Driver.

M. EMERGENCY SERVICES – The CONTRACTOR shall make available emergency service on a 24 hour a day, seven day per week basis.

N. SAFETY - CONTRACTOR shall conform to all governing safety regulations. CONTRACTOR shall be solely responsible for the condition of the premises on which the work is performed and for safety of the premises on which the work is performed. This requirement shall not be limited to normal working hours but shall apply continuously.

3. QUALITY ASSURANCE/INSPECTION
A. CONTRACTOR agrees all performance (which includes services, workmanship, materials, supplies and equipment furnished or utilized in the performance of this Scope of Service) shall be subject to inspection and test by the CITY or other regulatory agencies at all times.

The CONTRACTOR shall provide adequate cooperation to any inspector or other CITY representative to permit him/her to determine the CONTRACTOR’s conformity with the terms of this Scope of Service. If any services performed or products provided by CONTRACTOR are not in conformance with this Scope of Service, the CITY shall have the right to require the CONTRACTOR to perform the services or provide the products in conformance with the terms of this Scope of Service at no additional cost to the CITY. When the services to be performed or the products to be provided are of such nature that the difference cannot be corrected, the CITY shall have the right to: (1) require the CONTRACTOR immediately to take all necessary steps to ensure future performanc e in conformity with the terms of this 385

Scope of Service; and/or (2) reduce the price (including monthly maintenance cost) to reflect the reduced value of the services performed or products provided. The CITY may also terminate the contract as a result of default and charge to CONTRACTOR any costs incurred by the CITY because of the CONTRACTOR’s failure to perform.

B. CONTRACTOR shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance u nder this Scope of Service; and shall permit a CITY representative or other regulatory official to monitor, assess or evaluate CONTRACTOR’s performance under this Scope of Service at any time with/without reasonable notice to CONTRACTOR.

C. CONTRACTOR shall u se an adequate number of skilled personnel who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of all work contained in these specifications. CITY may request CONTRACTOR’s personnel be removed from the site, with explanation provided to CONTRACTOR regarding the reason for the request. Such personnel shall be allowed to work the rest of the day but must be replaced by the next day or next service day, whichever is sooner.

4. SAFETY
A. CONTRACTOR shall be solely responsible for the condition of the premises on which the work is performed and for safety of the premises on which the work is performed. This requirement shall not be limited to normal working hours but shall apply continuously.

B. CONTRACTOR shall conform to all governing safety regulations.

C. CONTRACTOR is not authorized to block a traffic lane unless all legal traffic control measures are in place, and the CITY has been notified of the intended closure 72 hours in advance.

D. CONTRACTOR shall not trespass or perform illegal activities.

E. CONTRACTOR shall be responsible for the proper education of their employees on all equipment used by the employees. CONTRACTOR shall perform annual safety instruction, at a minimum.

F. CONTRACTOR shall focus on spill prevention, spill control, and spill cleanup at all times while conducting street sweeping services. CONTRACTOR shall practice safe storage practices of all chemicals at all t imes while on street sweeping service activities.

CONTRACTOR shall readily cleanup any spills associated with their street sweeping services including any oil or hydraulic fluids.

5. GENERAL
A. CITY shall be responsible for debris disposal. Any debris resulting from street sweeping services shall be removed from street sweeping routes and transported to the City designated 386

disposal site by the CONTRACTOR. CONTRACTOR is not permitted to leave any debris in a temporary location overnight.

B. CONTRACTOR shall clean roadways and other areas dirtied by his street sweeping services.

C. CONTRACTOR shall not blow any major or minor materials into the roadways at any time.

D. CONTRACTOR shall be responsible for all cleanups of green waste and debris that overflows or is left on the street due to the street sweeping.

E. CONTRACTOR shall submit and maintain a current maintenance schedule for street sweeping services, to be updated as needed to maintain an accurate schedule.

F. CONTRACTOR shall not wash down curbs, and gutters with water in any instance in which the runoff would enter a storm drain or any other waterway. CONTRACTOR shall not wash down any equipment with water on any project where runoff would enter a storm drain or any other waterway. Proper
cleaning of gutters and streets include sweeping and vacuuming. Remember - “ONLY RAIN IN THE STORM DRAIN”.

G. CONTRACTOR shall furnish all labor and materials necessary to accomplish maintenance in accordance with foregoing specifications.

6. SWEEPING
A. The CONTRACTOR shall sweep and/or clean all public, CITY maintained streets as specified on Exhibit C, Project Location Maps, and approved route maps. The term “street” shall include the paved area between the normal curb lines of the roadway, whether or not an actual curb exists. Gutters of all paved streets an d/or rolled berms, raised medians, painted medians and intersections shall be swept as follows:
a. Sweeping shall normally consist of a single pass with a street sweeper at an average speed of 8 miles per hour not to exceed 10 miles per hour over an area. b. Additional passes shall be made, if necessary, in problem areas where excessive silt, leaves, debris or other conditions warrant special attention. Any such required sweeping shall be performed by the CONTRACTOR at the normal curb -mile price and will not be defined as additional sweeping.
c. CONTRACTOR shall use water while sweeping to minimize dust. d. “Sweeping” shall define the operation; however, the method shall not be limited to the use of power broom street sweeping.
e. CONTRACTOR understands that curbed areas that cannot be swept with power sweeping equipment, such as but not limited to narrow cul -de-sacs, median noses, and portions of left turn pockets, shall be hand cleaned at the request of the CITY. f. In the event that the results of one sweeping are considered unsatisfactory, the CONTRACTOR shall sweep or clean the unsatisfactory area again at no cost to the CITY within two (2) working days without interruption in the regular sweeping schedule and not 387

on a trash pick-up day.

7. ADDITIONAL SWEEPING
A. The CONTRACTOR shall provide additional sweeping of any of the listed streets and intersections at any time ordered by the CITY. The CONTRACTOR will be compensated for each additional sweep at the contract unit price per curb-mile in effect at the time. No allowance will be made for travel time on additional sweeps. The CONTRACTOR shall respond to a request for emergency sweeping within four (4) hours of notification.

B. CONTRACTOR acknowledges that the need for additional sweeping may arise due to storm, fire, flood, parade, public gathering, traffic accident, riot or other natural or unanticipated occurrences affecting the cleanliness of the streets. Sweeping in addition to the regularly scheduled sweeping as ordered by the CITY will be at the contract unit price per hour.

C. Additional sweeping will normally be confined to sweeping the curb lane. However, if additional sweeping requires the total width of the street(s) to be swept, then compensation will be at the contract unit price per hour. Additionally, in situations where it is difficult to measure curb miles swept, the CITY has the option to compensate CONTRACTOR on an hourly basis. In these cases, the hourly rate paid shall be the contract unit price per hour.

8. SCHEDULE DISRUPTIONS
A. When, in the opinion of the CITY, inclement weather prevents adherence to the regular sweeping schedule for two (2) days or less in a given week, the CONTRACTOR will sweep affected routes prior to the end of that month. Any such required sweeping made necessary by inclement weather shall be performed by the CONTRACTOR at the normal curb-mile price and will not be defined as additional sweeping.

B. When any holiday or observance as specified in the Government Code of the State of California occurs on a regularly scheduled sweeping day, and routes are not swept in observance of the holiday, the sweeping routes shall be swept within two (2) days of the regularly scheduled sweeping day without interruption of the regular sweeping schedule and not on trash pick-up day. Routes shall be swept twice monthly. Any such required sweeping shall be performed by the CONTRACTOR at the normal curb -mile price and will not be defined as additional sweeping. For sweeping areas that are scheduled for swee ping on an observed holiday, CONTRACTOR shall prepare and submit to the CITY a modified sweeping schedule identifying on what day the street sweeping will be rescheduled. CONTRACTOR shall prepare and submit to the CITY the modified schedule at the beginning of each calendar year.

C. In the event the CONTRACTOR is prevented from completing the sweeping as provided in the approved schedule to reasons other than inclement weather or holiday, the CONTRACTOR will be required to complete the sweeping so deferred within two (2) days of 388

the regularly scheduled sweeping day without interruption of the regular sweeping schedule and not on a trash pick -up day. Routes shall be swept twice monthly. Any such required sweeping shall be performed by the CONTRACTOR at the normal curb -mile price and will not be defined as additional sweeping.

9. PROTECTION OF PROPERTY
A. The CONTRACTOR shall protect all public and private property insofar as it may be endangered by CONTRACTOR’s operations and take every reasonable precaution to avoid damage to such property.

B. Sit-parked mobile equipment and operable machinery, and hazardous parts subject to mischief shall be kept locked or otherwise made inoperable whenever left unattended.

C. The CONTRACTOR shall restore and bear the cost of a ny public or private vehicle, improvement, facility, or structure within the right -of-way, which is damaged, or injured directly or indirectly by an act, omission or neglect in the execution of the work and which is not designated for removal. CONTRACTOR s hall be responsible for any injury, loss, or damage caused by the CONTRACTOR or the CONTRACTOR’s employees, agents, or subcontractors, and in the event of such injury, loss or damage shall promptly make such repairs or replacements as required by the CITY without additional cost to the CITY.

10. DISPOSAL OF SWEEPINGS WASTE
CONTRACTOR shall ensure that sweeping wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. All sweeping wastes shall be removed from the site and transported to a location designated by CITY for disposal by CITY. Should CITY request that CONTRACTOR dispose of sweeping wastes at any point, CONTRACTOR shall provide to CITY a cost proposal for that specific disposal. If CONTRACTOR disposes of sweeping wastes at any time under this contract, all sweeping wastes shall be disposed in a manner complying with local ordinances, state and federal anti -pollution laws at legally established disposal sites.

CONTRACTOR shall submit copies of dump/disposal tickets and tonnage reports in the event that CITY requests CONTRACTOR to provide disposal.

11. ADDED AND DELETED ROUTES
A. It is the intent of this contract to provide sweeping for all public, CITY maintained streets and facilities as identified in Exhibit C, Project Location Maps. As streets are accepted into the CITY maintained road system or as new CITY facilities are constructed , they will be added to the twice a month sweeping schedule. The CITY will provide a list of added streets and route map to the CONTRACTOR. Compensation to the CONTRACTOR will be based on curb-miles added and multiplied by the current contract unit price per curb-mile. 389

B. Streets initially included in the sweeping schedule that are va cated by order of the CITY Council will be deleted from the twice a month schedule and the affected curb mileage deducted from the contract quantities.

C. The CITY may adjust the mileage total of the contract due to new annexations or relinquishments. In the event that new routes are added to or deleted from the contract the CONTRACTOR shall incorporate these adjustments into the sweeping schedule and compensation to the CONTRACTOR will be based on curb -miles added and multiplied by the current contract unit price per mile.

12. SCHEDULE AND COMMENCEMENT OF WORK
A. CONTRACTOR shall submit a complete schedule of twice a month sweeping to the CITY for approval prior to any work being done under this contract. The schedule shall include the curb miles of streets and medians to be swept as well as the proposed starting time. Also, a route map shall be submitted as part of the schedule, showing the streets to be swept each month by the CONTRACTOR. The CONTRACTOR shall indicate the sweeping route on the maps in an appropriate and understandable manner that is acceptable to the CITY. Changes in the schedule for the convenience of the CONTRACTOR will require approval by the CITY and/or the Contract Administrator prior to being included in the twice a month work.

B. The CITY reserves the right to require the CONTRACTOR to sweep specific areas on specified days and at specified times of the day. The following guidelines will generally be applicable:
a. CONTRACTOR shall not sweep areas on the same day trash is picked up. Whenever feasible, sweeping shall be scheduled the day after trash pick -up. The CONTRACTOR shall be responsible for determining when trash pick -ups are scheduled. Contact the Public Works Department at 951 -677-7751 x5 or by email at [email protected] for waste pick-up information. b. CONTRACTOR shall not sweep four or more lane streets during peak traffic hours.

CONTRACTOR shall be responsible for identifying these streets. Peak traffic hours are generally defined as 7:00 am – 9:00 and 2:00 pm – 5:00 pm. c. CONTRACTOR shall sweep residential areas between the hours of 6:30 am and 5:30 pm, Monday through Friday. No sweeping will be permitted on Saturday or Sunday. d. Routes typically will not exceed 45 curb miles per day/per sweeper, any adjustments to the 45 curb miles per day/per sweeper must be approved by the CITY Contract Administrator prior to work being done.
e. ‘No Parking’ signs are NOT consistently posted on all streets . CONTRACTOR shall navigate around obstacles to perform contract. The CITY may post ‘No Parking’ signs upon approval of the CONTRACTOR’s sweeping schedule. However, if the CONTRACTOR wishes to change the regular sweeping schedule after signs have been posted, CONTRACTOR shall pay for the cost to replace the signs. 390

13. CONTRACTOR’S EQUIPMENT
A. CONTRACTOR shall ensure that all equipment must be performance worthy by visual and operational inspection. Machines must be maintained in good working condition throughout the life of this contract with the CONTRACTOR demonstra ting evidence of an adequate service center to ensure scheduled routine maintenance and proper adjustment for sweepers. CONTRACTOR shall ensure machines are fully operational during all sweeps.

B. The CONTRACTOR must keep a sufficient supply of spare brooms and parts to insure continuous operation. Worn brushes and brooms shall be replaced and adjusted to insure maximum efficiency. The determination of when a brush or broom shall be replaced shall be based on the effectiveness of all brushes and brooms.

C. CONTRACTOR shall ensure all equipment is properly registered and insured in accordance with state and local laws. The CONTRACTOR must show proof of ownership of a signed lease for sufficient machinery to adequately perform services as agreed to in this c ontract.

CONTRACTOR shall provide the CITY with a list of equipment to be used. CONTRACTOR shall provide the CITY with a list of any spare equipment. CONTRACTOR shall note on the list which pieces of equipment is either primary or spare equipment.

D. CONTRACTOR shall ensure all units are clearly and prominently marked with the CONTRACTOR’s name and unit number and have a radio or paging equipment.

E. CONTRACTOR shall ensure sweepers are self -propelled, pickup sweepers with revolving gutter brushes on both sides, in-head broom, a sprinkler system and high lift storage hopper with a minimum three (3) cubic yard capacity, or as approved by the CITY. CONTRACTOR shall ensure sweepers shall are capable of removing all leaves, paper, dirt, rocks, cans, and/or other debris to insure free flow of water in gutter.

F. CONTRACTOR shall ensure that sweeping equipment shall be equipped with a ‘backup warning device’ that operates automatically while the vehicle is backing, such as a buzzard, bell, horn, etc. Equipment shall be parked in such a manner as not to create a hazard or block signage. The CONTRACTOR shall provide on all of their vehicles a high -intensity rotating, flashing, oscillating or strobe light on their vehicles. Vehicle hazard warning signals may be used to supplement the above required lighting, but not as a replacement. All warning devices and lights for safe operation shall meet all vehicle -operating requirements of the State of California Department of Motor Vehicles.

14. EQUIPMENT PERFORMANCE
CONTRACTOR shall ensure the sweepers used are capable of picking up all debris from a street in a single pass, without leaving a trail of debris behind and shall be capable of dust abatement.

Sweepers shall be driven an average of 8 miles per hour not to exceed 10 miles per hour to ensure all debris is picked up. CONTRACTOR shall ensure all equipment used is in good mechanical condition and shall not leak oil or other fluids onto pavement during operations. If the CITY deems a piece of equipment unsuitable, the CONTRACTOR will be instructed to make the appropriate repairs or remove it from the work site.
391

15. WATER USE
The CONTRACTOR shall be responsible for securing all water used during the course of operations and shall be responsible for all water costs. Water shall not be permitted to drain into the storm drain system.

16. APPROXIMATE MILEAGE OF STREETS AND AREAS OF PARKING LOTS The estimated quantities of work to be performed by the CONTRACTOR under these specifications are as follows:

A. See Exhibit B specifying approximate quantities of streets and approximate areas of parking lots to be swept.

B. Note that the quantities identified in Exhibit B are an estimate only used as a basis for comparing proposals. The CONTRACTOR will be paid for the actual number of curb miles swept each month. In addition, the CONTRACTOR may, on infrequent occasions, be required to perform additional sweeping.

17. INSPECTION
A. CITY shall perform inspections on a regular basis, and in response to citizen complaints. Any deficiencies found will be reported to the CONTRACTOR for response and corrective action.

Debris that has accumulated on a street after it has been swept shall not be cause for corrective action, provided that debris was not caused by the CONTRACTOR and/or was not the result of missed debris from the original sweeping. The CITY may schedule meetings as necessary to review the quality of work performed by the CONTRACTOR and/or review the number of “corrective action requests” received and the action taken by the CONTRACTOR to correct.

B. The CITY will track the CONTRACTOR’s responsiveness in taking corrective actions. In the event the CITY discovers an area of non -performance by the CONTRACTOR, a letter of “corrective action requests” will be sent to the CONTRACTOR via EMAIL. Unless otherwise approved by the City, the CONTRACTOR will have two (2) days to complete the corrective action. The CONTRACTOR will provide the CITY written notice of corrective action taken via EMAIL within two (2) days of “corrective action request” receipt.

C. The CONTRACTOR shall monthly report total curb-miles swept, corrective actions requested, corrective actions completed and method of completion, and the number of curb -miles affected by corrective actions to the CITY.

D. All performance (which includes services, workmanship, materials, supplies, and equipment furnished or utilized in the performance of this Scope of Service) shall be subject to inspection and test by the CITY or other regulatory agencies at all times. The CONTRACTOR shall 392

provide adequate cooperation to any inspector or other CITY representative to permit him/her to determine the CONTRACTOR’s conformity with the terms of this Scope of Service. If any services performed or products provided by CONTRACTOR are not in conformance with this Scope of Service, the CITY shall have the right to require the CONTRACTOR to perform the services or provide the products in conformance with the terms of this Scope of Service at no additional cost to the CITY.

When the services to be performed or the products to be provided are of such nature that th e difference cannot be corrected, the CITY shall have the right to: (1) require the CONTRACTOR immediately to take all necessary steps to ensure future performance in conformity with the terms of this Scope of Service; and/or (2) reduce the price (including monthly maintenance cost) to reflect the reduced value of the services performed or products provided. The CITY may also terminate the Contract as a result of default and charge to CONTRACTOR any costs incurred by the CITY because of the CONTRACTOR’s failure to perform.

E. CONTRACTOR shall establish adequate procedures for self -monitoring and quality control and assurance to ensure proper performance under this Scope of Service; and shall permit a CITY representative or other regulatory official to monitor, assess or evaluate CONTRACTOR’s performance under this Scope of Service at any time with/without reasonable notice to CONTRACTOR.

F. The CONTRACTOR shall use an adequate number of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of all work contained in these specifications.

18. UTILITIES
The CONTRACTOR shall recognize the rights of utility companies within the public right -of- way and their needs to maintain and repair facilities. The CONTRACTOR shall exercise due and proper care to prevent damage t o facilities and to adjust schedules when utility operations prevent the CONTRACTOR from sweeping during a specified time frame. No additional compensation will be allowed by complying with these requirements.

19. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/D UST CONTROL, WATER, AIR POLLUTION, AND PM-10 REGULATIONS
A. During all phases of work, and when directed, the CONTRACTOR shall take precautions to abate dust nuisance by cleaning up, sweeping, sprinkling with water, or other means necessary to accomplish the suppression of dust.

B. During the term of this contract, CONTRACTOR’s operations shall conform to applicable laws and regulations of the South Coast Air Quality Management District, and other agencies of the State and Federal Government, as well as local ord inances designed to prevent, control and abate water and air pollution.
393

C. CONTRACTOR shall comply with and meet all requirements, if applicable, of Rule 1186.1 Less Polluting Sweepers, Section (d) Requirements for Fleet Operators: For Affected Governmental Agencies Contracting for Sweeping Services.

20. REQUIRED MONTHLY DOCUMENTATION
CONTRACTOR shall ensure that sweeping equipment shall be equipped with a speed- monitoring device. CONTRACTOR shall submit with the monthly statement the following terms:

A. A Tac-o-graph report showing the speed and miles swept on each sweeper used for this contract or approved GIS hardware/software equipment.

B. Corrective action request/completion/resolution report stating date of complaint/concern with date completed and action required for resolution.

C. Copies of tonnage reports with monthly and/or quarterly reports.

D. CONTRACTOR shall provide equipment report showing all equipment used on the contract for the month with summary of accidents, breakdowns, spills, or other items resu lting in downtime of equipment on a route.

21. REQUIRED ANNUAL DOCUMENTATION
CONTRACTOR shall provide the CITY with a summary of all monthly required documentation.

Along with a monthly and/or quarterly breakdown for the tonnage report estimation the breakdown of sediment, vegetative, and man -made debris. CITY requires tonnage data to also be separated by watershed, for annual National Pollutant Discharge Elimination System ( NPDES) reporting.

CONTRACTOR shall track tonnage data by watershed and provide watershed data breakdowns to the CITY annually. See Exhibit C for a watershed map.

22. PREVENTATIVE MAINTENANCE/SPILL RESPONSE
A. CONTRACTOR shall focus on spill prevention, spill control, and spill cleanup at all times while on CITY Street Sweeping activities. CONTRACTOR shall practice safe storage practices of all chemicals and oils at all times while on CITY Street Sweeping activities.

CONTRACTOR shall readily cleanup any spills associated with their Sweeping activities including: fuel spillage during refueling activities, hydraulic leaks, etc.

B. CONTRACTOR shall submit a Spill Control Plan, or policy addressing response to spills both internal and external of the organization. CONTRACTOR shall submit a Preventative Maintenance Plan, or policy addressing preventative maintenance internal to the organization.

394

23. EXTRA WORK AND WARRANTY PERIOD
A. CONTRACTOR shall obtain written approval from the CITY prior to any and all extra work being performed.

B. Any products or services not otherwise specified in this specification shall be negotiated between the CONTRACTOR and the CITY at a price agreed upon by both parties.

24. PERFORMANCE EVALUATION
A. The CONTRACTOR’s performance of the street sweeping services will be reviewed and monitored by the CITY on an ongoing basis.

B. The CITY may review street sweeping routes at any given time with or without the presence of the CONTRACTOR.

C. During these reviews, the CITY may utilize photos or video to document the findings. 395

RIV #4814-7282-0706 v1
EXHIBIT "B"

COMPENSATION

Commencing on July 1, 2023, upon request of Service Provider, the compensation set forth herein may be adjusted, and such rates may be adjusted annually thereafter on each subsequent July 1st during the Term hereof (the “Adjustment Dates”), by multiplying the rate by the greater of two percent (2%) or the percentage equal to the change in the Consumer Price Index (“CPI”) for All Urban Consumers, not seasonally adjusted, all items index (CPI-U) – Riverside-San Bernardino-Ontario average for the thirty -six (36) month period ending on the date of December 31 immediately prior to the applicable Adjustment Date. The rate may not be increased in any given year by more than eight percent (8%).

CITY STREET SWEEPING (effective December 1, 2022)
DESCRIPTION All-Inclusive Cost (Labor, Equipment, and Delivery to City site)
PER CURB MILE $43.40 (with parking in City limits)
PER CURB MILE $48.71 (without parking in City limits)
PER SQUARE FOOT $0.006 (without manual blowing)
PER SQUARE FOOT $0.012 (with manual blowing)
PER HOUR $153.44 (with parking in City limits)
PER HOUR $156.24 (without parking in City limits)
SPECIAL CALL-OUT $220.00 (per hour during business hours, 2 HR minimum)

ESTIMATED MILEAGE
Street Name/Subdivision Frequency
Estimated
Curb
Miles
Sweeping
Location Notes
Bundy Canyon Rd.
(Mission Trail to Sunset Ave.) 2 x month 8.70 Arterial
Clinton Keith Rd.
(Grand Ave. to Eastern City
Limits)
2 x month 6.00 Arterial

Corydon Rd.
(Mission Trail to Grand Ave.) 2 x month 1.50 Arterial
South side only.

North side is Lake
Elsinore.

Grand Ave.
(Richard St. to Corydon Rd.) 2 x month 0.15 Arterial
West side only.

East side is
County.

Grand Ave.
(Corydon Rd. to Clinton Keith
Rd.)
2 x month 7.40 Arterial

396

RIV #4814-7282-0706 v1
Street Name/Subdivision Frequency
Estimated
Curb
Miles
Sweeping
Location Notes
Malaga Rd.
(Mission Trail to Auto Center Dr.) 2 x month 0.25 Arterial South side only.

North side is Lake
Elsinore.

Mission Trail
(Malaga Rd. to Corydon Rd.) 2 x month 1.35 Arterial
East side only.

West side is Lake
Elsinore.

Mission Trail
(Corydon Rd. to Palomar St.) 2 x month 2.60 Arterial
Palomar St.
(Corydon Rd. to Mission Trail) 2 x month 1.60 Arterial
Palomar St.
(Mission Trail to Washington
Ave.)
2 x month 7.60 Arterial

Wildomar Trail
(Grand Ave. to Palomar St.) 2 x month 1.00 Arterial
Wildomar Trail
(Palomar St. to Clinton Keith Rd.) 2 x month 6.40 Arterial TR 25122 2 x month 2.00 CFD 2013-1,
Zone 3
Frontage streets
included, unless
overlapping with
arterial streets
which have been
previously
accounted for.

TR 31479 2 x month 1.00 CFD 2013-1,
Zone 2
TR 32078 2 x month 1.00 CFD 2013-1,
Zone 3
TR 36497 2 x month 1.15 CFD 2013-1,
Zone 5
Total Curb Miles 49.70
Times Swept Per Month 2
Total Monthly Curb Miles 99.40

Location/Address Frequency Estimated Area
(SF)
Marna O’Brien Park (Parking Lot) 2 x month 58,500
Total Area 58,500
Times Swept Per Month 2
Total Monthly Area 117,000
397

RIV #4814-7282-0706 v1
EXHIBIT “C”

PROJECT LOCATION MAPS
(2 PAGES)

398
ABURY
A VE
HIDDEN
TRL

CEREAL ST

BARKER LN

LAKESIDE
DR

JEROME LN

UNION ST
W
R
I
G
H
T
R
D

RICHARD ST

EDMISTON
RD

TERRACE
DR

GILL LN

LOCUST ST

CORYDON RD

WELLS PL

RIDGEWAY
LN

ROBERT ST

CORYDON RD

COMO ST

LORENA LN

GUFFY LN

WAITE ST

THE FARM RD

KENNEMER
DR

WALKER ST
C
L
O
U
D
C
R
E
S
T
C
T

ARI CIR
O
R
A
N
G
E
S
T
A
G
A
P
E
L
N

AWA CIR
KASABA
CT
PASEO

PARADISO

SUNLIGHT CT

SUNSET A VE
CALLE

DE LOBO

DEVONSHIRE
LN

UNGA CIR

OPALO RD

MAGNOLIA ST

RHINESTONE
CT

CEDAR A VE
P
A
S
A
D
E
N
A
S
T

SPLIT RAIL RD

MCCORMICK
CT
H
A
R
V
E
S
T
W
A
Y
E

POINTE CIR

RANCHO MIRLO RD
B
O
O
B
O
O
L
N
W
I
N
D
W
O
O
D
L
N
PALM
A VE
C
R
O
S
S
R
O
A
D
S
S
T

BRYANT ST

NAKI CIR
I
N
L
A
N
D
V
A
L
L
E
Y
D
R
H

A R B O R

S E A L C T
CORAL

WOOD CT

HOOFPRINT DR
CHIWI
CIR

QUAI CIR

NONNIE DR

MARBLE CT

COOK CT

SEA LION CT

CHESTERFIELD LN

JAN A VE

CHARLES ST

CABERNET PL

CRESTED

FINCH CT

CORNUCOPIA
WAY

PUMPKIN PATCH RD

BUNDY CANYON RD

Q U A R T Z
W
A
Y

DOHENY CIR
H
I
X
O
N
S
T
WAGON

WHEEL LN

COPPER CT

CARISSA CT

FINCH CT
KELLER
RD

BOXWOOD
CT
AKWO
CIR

RIVERSTONE
CIR
L
A
G
U
N
A
R
D

COMO ST

C R I M S O N

L A S S O D R

WILLOW BAY RD
L
E
X
I
L
N

C O U N T R Y P A R K D R

GAFFORD RD
S
W
E
E
T
B
A
Y
C
I
R

DONIELLE
CT

V ALLEY

TERRACE ST
ORO CT
A
R
N
E
T
T
R
D
P L O
W
S H
A
R
E
R
D
WILD

HORSE CT
GRAY

EAGLE CT
V
A
L
L
E
Y
V
I
S
T
A
C
I
R

ALMOND ST

KISH CIR
AUTUMN
OAK PL

MURREN RD

LANCER CT

SHOEMAKER DR

ELIZABETH LN

CHELSEA LN

NINA LN
S H
A
D
O
W

C A N Y
O
N
T
R
L
B
R
I L
L
A
N
T
E
D
R

V ARIAN WAY

PASADENA ST
C
A
R
N
A
T
I
O
N
L
N
ALBERT
ST

WALKINGHORSE CT
BLUE

MIST WAY
P
O
P
L
A
R
C
R
E
S
T
R
D

HILLSHORE
CT
CEDAR

RIDGE CT
D
E
L
C
A
L
N

DOROF CT
SWEET

NECTAR RD
SILVER

SPUR LN

KOLO CT

MEADOW RIDGE LN
KUNA
CT

HARWOOD LN

COUNTRYSIDECIR

GREENWOOD A VE

PAWI CT

TRAILCREEK CIR

SYCAMORE

BLUFF CT

MAYES LN
N
A
V
U
TA
V
E

DA VID LNTWINFLOWER A VE
M
E
S
A
D
R
RYE LN

PENROSE ST

PALM A VE

CERVERA RD

CLUB A VE
SHADY

GROVE CIR
T
A
M
E
R
R
O
N
W
A
Y
T
R
A
C
T
O
R
T
R
L

COTTONWOOD

CANYON RD

VIA SARAH

PASTURE
CT
PALM

BEVERLY ST

ELIZABETH A VE

CLUB RD

EDWARD A VE

STARLIGHT
ST

ROSITA DR

ORCHARD ST

MADORA DR
F
O
X
D
E
N
R D
LAGO

VISTA LN

CHERRY ST

AMARYLLIS CT

RIVER OAK CT

BUTTERMILK
CIR

LACASELLA CT

T E M E T S T

KUKA CIR

QUEENSBURY CT
CITRUS

GROVE LN

PINE A VE

IRIS LN

ALDERBROOK
RD
B
A
Y
B
E
R
R
Y
R
D

AMETHYST RD

SYLVESTER RD
T
I
M
B
E
R
L
N
W
H
E
A
T

F I E L D C I R

PARKSIDE CT
RED

DAWN CT
S
H
E
R
I
L
N

TRILLIUM DR

JANE CT
D
A
H
L
I
A
L
N
WEST
A VE

BALSAM ST

CHADLYN CT

SUPA CT

RUDOLPH LN
WADE
CT
C
A
M
E
L
O
T
C
I R

COMBINE CIR

JASMINE
A VE

SHEETS LN

OCTOPUS LN

CANNERY RD

YUCCA ST

SUNNYBROOK
DR
V
I
E
W
C
R
E
S
T
D
R

DURANGO CT

MUSCATEL RD

GIERSON A VE
ATHEA
WAY

RASPBERRY LN

SARATOGA DR

NELMAR CIR

SOARING

FALCON CT

MULBERRY ST

GREEN PARROT WAY HITCHINGPOST LN

JACKSON A VE

CORNSTALK RD

GATU CT

DILLON CIR
LEAF

STOCK TRL

PHEASANT

RUN CIR

GREY WHALE LN
S
E
A
G
R
A
S
S
T
R
L

GLAZEBROOK RD

TENT ROCK TRL
SEED

LEAF TRL

VIVIAN DR

MONTE VISTA DR

HAYRAKE CIR

TOBY DR
P
A
V

L A C T

M I L L P O N D D R
NYIRI
WAY
E
L
D
I
A
M
A
N
T
E
D
R

VICTORY CIR

SHEILA LN
L
I
P
I
Z
Z
A
N
L
N
H
U
N
W
U
T
D
R
T
R
A
I
L
R
I
D
E
L
N

VINE ST

BILLIE ANN RD

GROVE ST
C
R
E
S
T
M
E
A
D
O
W
D
R

DENISE CT

SHUIS CIR

MUSTANG SPIRIT LN

GELDING CT
EMPIRE

PEAK LIN

LA CIENEGA DR
H
I
D
D
E
N
H
O
L
L
O
W
D
R
S
M
I
T
H
R
A
N
C
H
R
D

AMATISTA
A VE

CAMEO LN

SUSAN DR
BAY

ROAN CT

WINDING WAY

BENETTA CT

ROOSTER RD

RUBI CT
FALCON

CREST CIR

CORDUROY RD

MERIDIAN
CT

FALLING

LEAF TRL

CAMERON LN

WOLCOTT CT

MICHAEL CT

SUNBONNET
CT

PRAIRIE RD

GRAPE SPUR LN

LORING RD

ALLISON LN

WANDERING

RILL CT
BLACK

WALNUT CT

SPRUCE A VE

SEDCO LN

T O K A Y R D
S
E
D
C
O
B
L
V
D

BUTCHART ST
WHITE

SAINTWOOD LN

MERCER LN
S E
N
N
A
D
R

OLIVE ST

POPPY FIELD CT

W E A T H E R L Y C T
R
A
I N
B
A

R R E L R D

BEECH CRAFT WAY

WING ELM CIR

MAPLE TREE LN

HEMLOCK ST

ROSS RD

RAYNOR LN

D E E P

W E L L R D

MCRAE LN

HENDERSON LN
WHITE

SPRUCE CT
SYDNEY
CT

GARRISON ST

MOTES CT

CASH LN

WESLEY ST

CANYON RD
JOY
CT

CAMELLIA
LN

POINSETTIA
LN

MANDARIN CT

PENROSE ST

GOLDENROD
LN

TIMBER RIDGE CT

LEICESTER ST

MORELOCK WAY

PLATA CT

BAKER CT

SAUER RD

ALTA OAKS DR

GARDENA LN
LITTLE

BOOK CIR

MEADOW VIEW CT

ALAMEDA

DEL MONTE

CITRUS LN

PITCHFORK CIR
A
L
M
O
N
D
S
T

ELBOW CREEK TRL

DI PIETRO CIR

UNION ST

A VENIDA

TERRAZO
RUTH
A VE

GROVE RD
ELM ST

HILLCREST CT
S
I
L
K
T
A
S
S
E
L
C
T

CALICO CT FURROW CT

PRIELIPP RD

SHAY LN

CAPITOLACT
C
R
Y
S
T
A
L
W
A
Y

CERT ST

BEECHER ST

BAXTER RD

PORTICA CT

COYOTE LN

OAK CREEK RD

DESERET CT

PLEASANT LN

PERLA PL

STONEYBROOK LN

KEANECT

LESLIE ST

W A I T E S T

WALNUT ST

CORNCRIB CIR

BRIGHTON
CT

WHEELBARROW
LN

PLATINUM CT

LEWIS ST

SHEFFIELD
CT
O
N
Y
X
W
A
Y

THOMSENLN
DURKEE
LN
C
L
A
R
E
M
O
N
T
S
T

HANSEN PL

HAYLOFT RD

WILSON ST

OLIVEWOOD DR
A
T
U
P
A
A
V
E

TANISHA CT

ALMOND ST

AKIPA CT
W
O
S
H
K
A
L
N

GRUWELL ST

APPLECART CT

CHETLEE LN
M
O
B
I
L
E
W
A
Y

HORSESHOECT

TRAILWOOD CT

KETCHUM RD

MAURI CT

WILD STALLION LN

LA ESTRELLA RD
GREEN

BEAN LN
H
I
D
D
E
N
S
P
R
I
N
G
S
R
D

JOSHUA DR
V
I
A
C
A
S
T
E
L
L
O

PASHAL PL
B
U
T
T

E R C H U R N
R D

BETHEL ST

KILGORE LN
H
U
N
T
E
R
S
R
U
N
C
T

V E R O N A D R

CASHEW ST
SHORE

VIEW CT

GREYHAWK RD

BRONZE CT

PITT WAY
ANSON
WAY
T
I
M
O
T
H
Y
R
D
H
E
L
I
O
T
R
O
P
E
L
N

STARBUCK CIR

JENNIFER DR
A
V
R
Y
W
A
Y

T E A K
W
O
O
D
C
T
C
L
O
V
I
S
W
A
Y

C H E R T L N

P I C N I C
L N

PARADISE LN

KLOTZ LN

LIME ST
R
O
S
E
D
O
W
N
L
N

S P U R B R O O K D R

SUNRISE DR
C
O
V
I
N
G
T
O
N
D
R

BIGLEAF
LN

PERRY PALMS WAY

PROTEA CT

ETHEN RD
L
A
K
E
V
I
E
W
T
E
R

HAGER LN

TREE LN

PINKGINGER CT

DEAN LN
J
E
W
E
L
L
N

WOODSHED WAY

FLAX LN

CEDAR ST

CHEYENNE
CIR
M
E
A
D
O
W
G
L
E
N
C
T

ORANGE ST

BILTON WAY

SEXTON ST
P
U
M
I
C
E
L
N

JO ANN CT
V
E
R
A
N
D
A
C
I
R
VILLA

DEL SOL

CATHY LN

AMBERTON DR
V
E
R
D
E
V
I
S
T
A
W
A
Y

ANGELS LN
R
O
C
K
E
L
M
D
R
L
I
N
D
A
V
I
S
T
A
L
N

BANYAN RIM DR

LAKEWOOD
DR

SUNDROPS LN

GLORY LN

HALLIE ST

KIRKWOOD CT

MOJONNIER
WAY

JENSEN LN

FRYBACK LN

SAFIRO CT

GRIFFITH LN

WEBB DR

CANYON DR

ESMERALDA CT
BELLA

OAKS ST
C
L
I
N
T
O
N
K
E
I
T
H
R
D

BLUEBERRY LN

SEQUOIA
CIR

OLIVE ST

COTTONWOOD ST
NAN ST
Q
U
A
I
L
C
R
E
E
K
L
N

CARLTON RD
W

A G O N

T R A I N
D R
BLUE

TERRACE ST

TOPACIO CT

TEIL GLEN RD

OSPREY CT
T
U
L
I
P
L
N
CEDAR

SPRING CT

KENTMAN CT

RICKS DR

W O O D C R E E K L N

MONTECITO DR
W
H
I
S
P
E
R
I
N
G
G
L
E
N
T
R
L

OWEN LN

MANZANITA RD

CHLOE CT

ARTEMIS CIR

V ALENCIA ST

AUTUMN SAGE CT
GOLDEN

POPPY LN

PARKLAND CT
B
R
E
C
K
E
N
R
I
D
G
E
T
R
L

B L A C
K
S
T
O
N
E
C I R

HA VEN WAY

V I C T O R I A N L N

JARO DR
HILL

SPRING RD

STABLE LANES RD

CORAL ROCK LN

DOROTHY LN

JENNIFER LN
H
A
R
R
O
W
H
I
L
L
R
D

MELINDA LN

WINDTREE A VE

HONEYDEW LN
WAGON
RIM CT

BIG SYCAMORE CT
J
E
R
M
A
R
L
N

BOGGS LN

CHERRY ST

OAK CIRCLE DR

COOPERS

HAWK CT
WALNUT

CREEK RD

CARRINGTON ST

MAYHALL DR

TRANQUIL
LN

P E G G Y L N

ELBERTA RD

STANLEY LN

APRICOT LN
W
I
N
D
M
I
L
L
R
D
SILVER

RUN CIR

IODINE SPRINGS RD

WHEELER ST

RAYMOND ST
MEADOW

CREEK LN

WATKINS
CIR

KAGEL ST

LOQUAT ST

ACACIA ST

E N N I S S T

WYMAN RD
FIR ST
ALMOND

TREE LN

DARBY ST

BUNNY TRL

AUSTIN ST

PECAN ST
F
L
A
N
D
E
R
S
L
N

O R A N G E S T
ESTES

PARK CT
L
A
R
K
S
P
U
R
D
R

DUNN ST

CARL ST

BONNIE LN

MOUNTAIN

VIEW A VE

MAPLE ST
B
A
R

R E N G O D
R
SILVER

SAGE WAY

MANZANITA ST

KELLER RD

CAPISTRANO ST
W
I
L
D
O
M
A
R
R
D

ILLINOIS ST
F
R
O
N
T
S
T
HEMPLE
ST

MARK WAY
T
E
R
R
A
Z
Z
O
L
N
U
P
T
O
N
D
R

WILDOMAR RD
CLOUD

BURST RD

V ALLEYVIEW A VE

C R O O K E D

A R R O W
D R

INDIANA ST

DEPASQUALLE RD

IONE LN
N
A
V
A
J
O
S
P
R
I
N
G
S
R
D

ASCOT HILL CIR
W
I
N
D S
T
O
N
E
D
R

BLONDON CT

HARVEST WAY

PREAKNESS CIR

R U S T I C

O A K D R
D
A
N
N Y L
N

BUCKHORN
RD

WANKI A VE

M I G U E L R D

A VENIDA DEL

BARRANCA
H
O
M
E
S
T
E
A
D
L
N

PLESSNER WAY
GREEN

HARVEST CT
TURTLE

CREEK RD
S
U
N
F
L
O
W
E
R
W
A
Y

GRAPE ST
M
I
T
C
H
E
L
L
R
D

WILLOW TREE LN
MEADOW

PARK DR

DULOCK RD
C
H
R
I
S
T
O
P
H
E
R
L N

JANA LN

CHICOHILLS RD

O L D H I L L R D
BLACK

BEAUTY TRL

SELLERS RD

SUSAN DR
S
E
A
T
T
L
E
R
I
D
G
E
R
D

VERDE MESA ST

MCVICAR ST

LOS OLIVOS LN

V ALLEY TER
GREAT

FALLS RD

WESTERN WAY

ARYA DR

ORCHARD ST

RHINEHART A VE
L
O
Q
U
A
T
S
T
W
I
N
D
S
O
N
G
R
D

LOST RD
S
U
N
S
E
T
A
V
E
P
O
R
T
O
L
A
P
L
M
O
M
A
T
A
V
E

TRIG RD

AMADO LN

CELESTE WAY

CORAZZA

ALAMEDA DEL MONTE
K
I
L
L
A
R
N
E
Y
W
A
Y

SEDCO HEIGHTS DR
S
T
A
G
E
R D
H
A
Y
F
I
E
L
D
C
I
R

SHOWUT A VE

V ALLEY VIEW A VE
CANYON

RANCH RD

WINKLER ST

WESTPARK ST

DAYTON A VE

VIRGO WAY
C
A
N
Y
O
N
C
R
E
S
T
S
T
A
S
T
E
R
D
R

ENDERLEIN ST

LA ESTRELLA RD

GLEN LN

VISTA DEL AGUA

MARSH LN

ROBIN SCOTT ST

LINNY CT
F
R
E
D
E
R
I
C
K
S
T

VIA CARNAGHI
M
A
R
I P
O
S
A
R
D
B
O
V
A
R
D
S
T
B
A
R
L
E
Y
L
N

KYLE CT

COUNTRY

HILLS DR

VIEWPOINT DR
VIA

MARGARITA ST

EMPIRE PENGUIN RD
O
L
I
V
E
G
R
O
V
E
R
D

S E D C O
V
I E
W
D
R

DELOS CT
C
L
I
N
T
O
N
K
E
I
T
H
R
D
O
N
R
P
FOX

RIDGE LN
B
A
X
T
E
R
R
D
O
N
R
P

LEMON ST

KILARNEY LN

WOODS LN

DIAL RD

YAMAS DR

C O Y O T E
P A
S
S
D
R
C
L
I
N
T
O
N
K
E
I
T
H
R
D
O
F
R
P

HIGHLAND ST

BATSON LN

RIDGE OAK RD

WILDOMAR TRL

V I C T O R I A N L N

GARDEN ST

JEFFERSON A VE

ARNOLD LN

REFA ST
C
R
E
S
C
E
N
T
A
V
E

OSA A VE
H
I
C
K
O
R
Y
L
N

BUNDY CANYON RD ONRP
E
L
S
I N
O
R
E
H
E
I G
H
T
S
D
R
O
A
K
C
R
E
E
K
M
A
L
L
BAXTER RD ONRP TO I 15 N

TOOLE RD

SALIDA DEL SOL

KEVIN RD

CIELO VISTA WAY

SUNSET A VE
C
I
T
R
U
S
H
I
L
L
R
D

BAYLESS RD

MAPLES RD

RACITI RD

S T O R Y R D
W
I
L
D
O
M
A
R
T
R
U
C
K
T
R
L
E
L
S
I
N
O
R
E
H
E
I
G
H
T
S
C
R
A
B
H
O
L
L
O
W
C
I R
O
N
E
A
L
R
D
F
R
E
D
E
R
I
C
K
S
T
I 15 N
I 15 N
I 15 S
I 15 S

PALOMAR ST

ROLLING

BROOK LN

CATT RD

PALOMAR ST

MISSION TRL
M
A
L
A
G
A
R
D
S
U
M
M
E
R
D
A
I
N
L
N

WILDOMAR TRL

MISSION TRL

GRAND A VE

MISSION TRL

CORYDON ST

MISSION TRL

CLINTON KEITH RD

GRAND A VE

BUNDY CANYON RD
Wildomar Street Sweeping Map
®
0 0.5 10.25 Miles
Legend
Street Sweeping
Side of the Road
Both
East
South
West
Streets
Tracts
TR 25122
TR 31479
TR 32078
TR 36497
City Boundary
Marna O'Brien Park Parking Lot
Date Saved: 10/18/2022 3:57 PM
399
ABURY
A VE
HIDDEN
TRL

CEREAL ST

BARKER LN

LAKESIDE
DR

UNION ST
W
R
I
G
H
T
R
D

RICHARD ST

EDMISTON
RD

TERRACE
DR

GILL LN

LOCUST ST

CORYDON RD

WELLS PL

RIDGEWAY
LN

ROBERT ST

CORYDON RD

COMO ST

LORENA LN

ETHEN RD

GUFFY LN

THE FARM RD

KENNEMER
DR

CATT RD

WALKER ST
C
L
O
U
D
C
R
E
S
T
C
T

ARI CIR
O
R
A
N
G
E
S
T
A
G
A
P
E
L
N

AWA CIR
PASEO

PARADISO

SUNLIGHT CT

SUNSET A VE
CALLE

DE LOBO

DEVONSHIRE
LN

UNGA CIR

OPALO RD

MAGNOLIA ST

RHINESTONE
CT
P
A
S
A
D
E
N
A
S
T

SPLIT RAIL RD

CLINTON

KEITH RD

MCCORMICK
CT
H
A
R
V
E
S
T
W
A
Y
E

POINTE CIR
B
O
O
B
O
O
L
N
W
I
N
D
W
O
O
D
L
N
PALM
A VE
C
R
O
S
S
R
O
A
D
S
S
T

BRYANT ST

NAKI CIR
I
N
L
A
N
D
V
A
L
L
E
Y
D
R
H
A

R B O R
S
E
A
L C T

LORING RD
CORAL

WOOD CT

HOOFPRINT DR
CHIWI
CIR

QUAI CIR

NONNIE DR

MARBLE CT

COOK CT

SEA LION CT

CHESTERFIELD LN

JAN A VE

CHARLES ST

CABERNET PL

CRESTED

FINCH CT

CORNUCOPIA
WAY

PUMPKIN PATCH RD

BUNDY CANYON RD
Q
U
A
R
T
Z
W
A
Y

DOHENY CIR
WAGON

WHEEL LN

COPPER CT

CARISSA CT

FINCH CT
KELLER
RD

BOXWOOD
CT
AKWO
CIR

RIVERSTONE
CIR
L
A
G
U
N
A
R
D

COMO ST

C R I M S O N

L A S S O D R

WILLOW BAY RD
L
E
X
I
L
N
SUMMER

DAIN LN

C O U N T R Y P A R K D R

GAFFORD RD
S
W
E
E
T
B
A
Y
C
I R

DONIELLE
CT

V ALLEY

TERRACE ST
ORO CT
A
R
N
E
T
T
R
D
P L O
W
S
H
A
R
E
R
D
WILD

HORSE CT
V
A
L
L
E
Y
V
I
S
T
A
C
I
R

ALMOND ST

KISH CIR
AUTUMN
OAK PL

MURREN RD

LANCER CT

SHOEMAKER DR

ELIZABETH LN

CHELSEA LN

NINA LN
S H
A
D
O
W

C A N Y
O
N
T
R
L

HAILEY CT

B R I L L
A
N
T
E
D
R
G
R
E
Y
H
A
W
K
R
D

V ARIAN WAY

PASADENA ST
C
A
R
N
A
T
I
O
N
L
N
ALBERT
ST

WALKINGHORSE CT
BLUE

MIST WAY
P
O
P
L
A
R
C
R
E
S
T
R
D

HILLSHORE
CT
CEDAR

RIDGE CT
D
E
L
C
A
L
N
D
O
R
O
F
C
T
SWEET

NECTAR RD
SILVER

SPUR LN

KOLO CT

CINNABAR
CT

MEADOW RIDGE LN

KUNA CT

HARWOOD LN
H
I
X
O
N
S
T

COUNTRYSIDECIR

GREENWOOD A VE

PAWI CT

TRAILCREEK CIR

SYCAMORE

BLUFF CT

MAYES LN
N
A
V
U
TA
V
E

DA VID LN
KASABA
CT

TWINFLOWER A VE
M
E
S
A
D
R

MALAGA RD
RYE LN

PENROSE ST

PALM A VE

CERVERA RD

CLUB A VE
SHADY

GROVE CIR
T
A
M
E
R
R
O
N
W
A
Y
T
R
A
C
T
O
R
T
R
L

COTTONWOOD

CANYON RD

VIA SARAH

PASTURE
CT
PALM

BEVERLY ST

ELIZABETH A VE

CLUB RD

EDWARD A VE

STARLIGHT ST

MCVICAR ST

ROSITA DR

MADORA DR
F
O
X
D
E
N
R D
LAGO

VISTA LN

CHERRY ST

T E A K
W
O
O
D
C
T

AMARYLLIS CT

RIVER OAK CT

BUTTERMILK
CIR

LACASELLA CT

UNION ST
T
E
M
E
T
S
T
KUKA
CIR

QUEENSBURY CT
C
I
T
R
U
S
G
R
O
V
E
L
N

PINE A VE

IRIS LN

ALDERBROOK RD

BAYBERRY RD

AMETHYST RD

SYLVESTER RD
T
I
M
B
E
R
L
N
W
H
E
A
T
F

I E L D C I R

CORYDON ST

WAITE ST

PARKSIDE CT
RED

DAWN CT
S
H
E
R
I
L
N

TRILLIUM DR

JANE CT
D
A
H
L
I
A
L
N
WEST
A VE

BALSAM ST

CHADLYN CT

SUPA CT

RUDOLPH LN
WADE
CT
C
A
M
E
L
O
T
C
I R

COMBINE CIR

JASMINE
A VE

SHEETS LN

OCTOPUS LN

CANNERY RD

YUCCA ST
V
E
R
D
E
V
I
S
T
A
W
A
Y

SUNNYBROOK
DR
V
I
E
W
C
R
E
S
T
D
R

DURANGO CT
M
U
S
C
A
T
E
L
R
D

MISSION TRL

GIERSON A VE
ATHEA
WAY

RASPBERRY LN

SARATOGA DR

NELMAR CIR

SOARING

FALCON CT

MULBERRY ST

GREEN PARROT WAY

HITCHINGPOST LN

JACKSON A VE

CORNSTALK RD

GATU CT

DILLON CIR
LEAF

STOCK TRL

PHEASANT

RUN CIR

GREY WHALE LN

RAYNOR LN
S
E
A
G
R
A
S
S
T
R
L

GLAZEBROOK RD

TENT ROCK TRL
SEED

LEAF TRL

VIVIAN DR

MONTE VISTA DR

HAYRAKE CIR

TOBY DR

M I L L P O N D D R
NYIRI
WAY
E
L
D
I
A
M
A
N
T
E
D
R

VICTORY CIR

SHEILA LN
L
I
P
I
Z
Z
A
N
L
N
H
U
N
W
U
T
D
R

VINE ST

BILLIE ANN RD
C
R
E
S
T
M
E
A
D
O
W
D
R

DENISE CT
SHUIS
CIR

MUSTANG

SPIRIT LN

G E L D I N G
C T
EMPIRE

PEAK LIN

LA CIENEGA DR
H
I
D
D
E
N
H
O
L
L
O
W
D
R
S
M
I
T
H
R
A
N
C
H
R
D

AMATISTA
A VE

CAMEO LN

SUSAN DR

BAY ROAN CT

WINDING WAY

BENETTA CT

ROOSTER RD
T
R
A
I
L
R
I
D
E
L
N

RUBI CT
CEDAR
A VE
FALCON

CREST CIR

CORDUROY RD

MERIDIAN
CT

FALLING

LEAF TRL

CAMERON LN

WOLCOTT CT

ALAMEDA

DEL MONTE

MICHAEL CT

SUNBONNET
CT

PRAIRIE RD

GRAPE SPUR LN

ALLISON LN

WANDERING

RILL CT
BLACK

WALNUT CT

SPRUCE A VE

SEDCO LN

T O K A Y R D
S
E
D
C
O
B
L
V
D

BUTCHART ST
WHITE

MERCER LN
S E
N
N
A
D
R

OLIVE ST

POPPY FIELD CT

WEATHERLY CT

RAINBARREL RD
BEECH

CRAFT WAY

WING ELM CIR

MAPLE TREE LN

HEMLOCK ST

ROSS RD

WALNUT ST
L
I
N
D
A
V
I
S
T
A
L
N

D E E P

W E L L R D

MCRAE LN

HENDERSON LN
WHITE

SPRUCE CT
SYDNEY
CT

GARRISON ST

MOTES CT

CASH LN

WESLEY ST

CANYON RD
JOY
CT

CAMELLIA
LN

POINSETTIA
LN

MANDARIN CT

PENROSE ST

GOLDENROD
LN
TIMBER

RIDGE CT

LEICESTER ST

MORELOCK WAY

PLATA CT

BAKER CT

SAUER RD

ALTA OAKS DR

GARDENA LN
LITTLE

BOOK CIR

MEADOW VIEW CT

CITRUS LN
P
I
T
C
H
F
O
R
K
C
I
R
A
L
M
O
N
D
S
T

ELBOW CREEK TRL

DI PIETRO CIR

A VENIDA

TERRAZO
RUTH
A VE

GROVE RD
ELM ST

HILLCREST CT
S
I
L
K
T
A
S
S
E
L
C
T

CALICO CT FURROW CT

PRIELIPP RD

SHAY LN

CAPITOLACT
C
R
Y
S
T
A
L
W
A
Y

CERT ST

BEECHER ST

BAXTER RD

PORTICA CT

COYOTE LN

OAK CREEK RD

DESERET CT

PLEASANT LN

PERLA PL

STONEYBROOK LN

KEANECT

LESLIE ST

WAITE ST

BRIGHTON
CT

CORNCRIB CIR

WHEELBARROW LN

PLATINUM CT

LEWIS ST

SHEFFIELD
CT
O
N
Y
X
W
A
Y

THOMSENLN

DURKEE LN
C
L
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Date Saved: 10/18/2022 2:45 PM
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RIV #4814-7282-0706 v1
EXHIBIT “D”

PREVAILING WAGE

REQUIREMENTS

All or a portion of the Scope of Services in this Agreement or Purchase Order (as applicable) requires the payment of prevailing wages and compliance with the following requirements.
(a) C1.0. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq., the CITY has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Services is to be performed. Copies of said rates are on file with the CITY, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Services, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Services, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the CONTRACTOR shall post, at appropriate and conspicuous locations on the jobsite, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

C2.0. Payment of Prevailing Rates
Each worker of the CONTRACTOR, or any subcontractor, engaged in the Scope of Services, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any subcontractor, and such worker.

C3.0. Prevailing Rate Penalty
The CONTRACTOR shall, as a penalty, forfeit two hundred dollars ($200.00) 401

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to the CITY for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the CONTRACTOR or by any subcontractor in connection with the Scope of Services. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the CONTRACTOR.

C4.0. Ineligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontra ctor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a CONTRACTOR on the project shall be returned to the CITY.

The CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Scope of Services.

C5.0. Payroll Records:

Pursuant to California Labor Code section 1776, the CONTRACTOR and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Services. The p ayroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the CONTRACTOR or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for 402

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any Scope of Services performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request;
(2) A certified copy of all payroll records shall be made available for inspection or furnished upon request to the CITY, the Division of Labor Standards Enforcement of the DIR;
(3) A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the CITY or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the CITY or the Division of Labor Standards Enforcement, the requesting Party shall, prior to being provided the records, reimburse the cost of preparation by the CONTRACTOR, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the CONTRACTOR;
(4) The CONTRACTOR shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and
(5) Copies provided to the public, by the CITY or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the CONTRACTOR or any subcontractor, performing a part of the Scope of Services shall not be marked or obliterated. The CONTRACTOR shall inform the CITY of the location of payroll records, including the street address, city and CITY and shall, within five (5) working days, provide a notice of a change of location and address. The CONTRACTOR shall have ten (10) days from receipt of the written notice specifying in what respects the CONTRACTOR must comply with the above requirements. In the event CONTRACTOR does not comply with the 403

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requirements of this section within the ten (10) day period, the CONTRACTOR shall, as a penalty to the CITY, forfeit one -hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the CONTRACTOR.

C6.0. Limits of Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the CONTRACTOR or by a subcontractor, upon the Scope of Services or upon any part of the Scope of Services, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of CONTRACTOR or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one- half (1½) times the basic rate of pay.

C7.0. Penalty of Excess Hours:

The CONTRACTOR shall pay to the CITY a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Services by the CONTRACTOR or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the CONTRACTOR is not less than one and one- half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

C8.0. Senate Bill 854 (Chapter 28, Statutes of 2014) Requirements:

C8.1. CONTRACTOR shall comply with Senate Bill 854 (signed into law on June 20, 2014). The requirements include, but are not limited to, the following:
a. No contractor or subcontractor may be listed on a bid proposal (submitted on or after March 1, 2015) for a public works project unless registered with the DIR 404

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pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). b. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5. c. This project is subject to compliance monitoring and enforcement by the DIR. d. As required by the DIR, CONTRACTOR is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.
e. CONTRACTOR and all subcontractor s must submit certified payroll records online to the Labor Commissioner for all new public works projects issued on or after April 1, 2015, and for all public works projects, new or ongoing, on or after January 1, 2016.
i. The certified payroll must be submitted at least monthly to the Labor Commissioner.
ii. The CITY reserves the right to require CONTRACTOR and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner.
iii. The certified payroll records must be in a format prescribed by the Labor Commissioner. C8.2. As required by Labor Code 1771.1(a) “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 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 at the time the contract is awarded.” C9.0. STATE PUBLIC WORKS APPRENTICESHIP REQUIRMENTS
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C9.1. State Public Works Apprenticeship Requirements: The CONTRACTOR is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 –
230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the CONTRACTOR, subcontractor, vendor or consultant. Included in these requirements is (1) the CONTRACTOR’s requirement to provide notification (i.e. DAS- 140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one app rentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.

Any apprentices employed to perform any of the Scope of Ser vices shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Services. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

C9.2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:

C9.2.1) Submit Contract Award Information (DAS-140)
a. Although there are a few exemptions (identified below), all contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
b. The DAS-140 is a notification “announcement” of the CONTRACTOR’s participation on a public works project —it is not a request for the dispatch of an 406

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apprentice.
c. CONTRACTOR shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime CONTRACTOR subcontract, but in no event later than the first day in which the CONTRACTOR has workers employed on the public work.
d. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS -140) shall only be required to submit the form to their approved program.
e. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS -140) shall submit the DAS -140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see
http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.

C9.2.2) Employ Registered Apprentices
a. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. This ratio shall be met prior to the contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailin g wage determination.
b. All contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at leas t 72 hours (business days only) before the date on which apprentices are required. c. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice.
d. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement. 407

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e. CONTRACTOR should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). CONTRACTOR has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
f. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1).

C9.2.3) Make Training Fund Contributions
a. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
b. Contractors may use the “CAC-2” form for submittal of their training fund contributions.
c. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
d. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month. e. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

C9.2.4) Exceptions to Apprenticeship Requirements : The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices.
a. When the contractor holds a sole proprietor license (“Owner -Operator”) 408

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and no workers were employed by the contractor. In other words, the contractor performed the entire work from start to finish and worked alone. b. Contractors performing in non -apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
c. When the contractor has a direct contract with the Public Agency that is under $30,000.
d. When the project is 100% federally -funded and the funding of the project does not contain any city, CITY, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
e. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

C9.2.5) Exceptions from Apprenticeship Ratios : The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the CONTRACTOR from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
a. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
b. The number of apprentices in training in such area exceeds a ratio of 1 - to-5 in relation to journeymen; or
c. The Apprenticeable Craft or Trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or
d. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that 409

RIV #4814-7282-0706 v1
training cannot be provided by a journeyman.

When such exemptions from the 1 -to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

C9.2.6) CONTRACTOR’s Compliance: The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and excl usively that of the CONTRACTOR. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of t he Labor Commissioner.

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RIV #4814-7282-0706 v1
EXHIBIT “E”

INSURANCE REQUIREMENTS
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and perso nal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees) If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endor sement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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RIV #4814-7282-0706 v1
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Howe ver, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Service Provider shall furnish the City with orig inal Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require 412

RIV #4814-7282-0706 v1
complete, certified copies of a ll required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

413

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.15
Meeting Date: November
9, 2022
SUBJECT:

Palomar Street Widening (Phase 2) - Right-of-Way Acquisition (CIP 028-2)
SUBMITTED BY:

Jason Farag
PREPARED BY:

Warren Repke, Senior Project Manager

ACTION:

Adopt a resolution entitled:

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE

AGREEMENTS AND OTHER RELATED DOCUMENTS FOR ACQUISITION OF REAL PROPERTY REQUIRED FOR THE PALOMAR STREET WIDENING PROJECT (CIP 028-2) SUMMARY:

The Palomar Street Improvements from Wildomar Trail to Gruwell Street (CIP 028-2) require right-of-way acquisition from adjacent property owners. City Council action is required to authorize the City Manager to sign the various right of way agreements and documents.

BACKGROUND:

Included in the 5-Year Capital Improvement Program (CIP) is the widening and improvement of Palomar Street from Wildomar Trail to Gruwell Street (CIP 028-2). Included in the project are the Phase 1 improvements to the Wildomar Cemetery and the improvement of Gruwell Street along the Cemetery frontage (Attachment A). The project is programmed in FY 22/23.

Right-of-way acquisition is required to complete the project.

DISCUSSION:

Project design and the preparation of construction plans is continuing and scheduled for completion in early 2023. Right-of-way for the project is required from 14 parcels as shown in Attachment B. The right-of-way property appraisals are complete and negotiations with the various property owners are being initiated. The next step is to execute formal acquisition agreements and property transfer documents between the City and the affected property 414
owners. The attached resolution (Attachment C) authorizes the City Manager to execute the required documents.

Right-of-way will also be necessary from the Wildomar Cemetery District. That right-of-way is not included in this action and will be brought back to the City Council at a future date for further action.

FISCAL IMPACT:

The project was approved by the City Council as part of the 5-Year CIP. Funding for the right- of-way acquisition will come from Transportation Uniform Mitigation Fees (TUMF) and will be reimbursed by WRCOG through the existing TUMF Funding Agreement for the Palomar Street project.

There is no impact to the General Fund.

ACCOUNT CODE:

Estimated cost = $187,860
Account = 503-912

ATTACHMENTS:

A - Project Exhibit
B - Right-of-Way Map
C - Resolution
415

PALOMAR STREET
A-A4 - PROTECT SCE POLES IN PLACE B-B3 - NON-DEVELOPMENT INTERIM CONDITION C-C1 MODIFIED MOBILITY PLAN - INTERIM

ELM STREETWILDOMARTRAIL

GRUWELL STREET
416

PALOMAR STREET

GRUWELL STREET
417

PALOMAR STREETCIELO VISTA WAYGRUWELL STREETGRUWELL STREETORANGE STREETMAPLE STREET D-D2 - NON-DEVELOPMENT INTERIM CONDITIONWITH ON STREET PARKING 418
419
RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, AUTHORIZING THE CITY MANAGER

TO EXECUTE PURCHASE AND SALE AGREEMENTS AND

OTHER RELATED DOCUMENTS FOR ACQUISITION OF REAL

PROPERTY REQUIRED FOR THE PALOMAR STREET
WIDENING PROJECT (CIP 028-2)
WHEREAS, on May 11, 2022, the City Council approved the terms of and directed the City Manager to execute an agreement with Interwest Consulting Group (“Consultant”) for right of way acquisition services related to the Palomar Street Widening Project, (CIP 028-2) (“Project”), and;
WHEREAS, the Project will widen Palomar Street from Wildomar Trail to Gruwell Street to add travel lanes, bike lanes, a multipurpose trail, curbs, gutters, and sidewalks; and
WHEREAS, the design for the Project identified fourteen (14) parcels which are necessary to acquire in part, via either acquisition of fee title or an easement; and WHEREAS, the Consultant is actively engaged in performing the acquisitions required to move the Project forward; and
WHEREAS, prior to acquisition, each parcel or interest to be acquired is appraised so that the City can offer a purchase price consistent with the law regarding expenditures of public funds; and
WHEREAS, after appraisal the City makes an offer to the owner of the parcel or interest and if agreement is reached on price, then it is usually the case that the parties want to expeditiously proceed to the execution of a formal agreement documenting the transaction; and
WHEREAS, it is within the authority of the City Council to delegate to the City Manager the authority to execute purchase and sale agreements for real property interests required for the Project; and
WHEREAS, by defining the scope of the City Manager’s authority in executing purchase and sale agreements, the City Council will retain ultimate control over the acquisition process.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Wildomar, California as follows:
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1. The City Council delegates to the City Manager the authority to execute purchase and sale agreements for fee title, temporary easements, and permanent easements required for the Project. This delegation of authority shall allow the City Manager to negotiate terms for each purchase and sale, including price, in accordance with the direction provided by the City Council.

2. If in the course of negotiating for fee title and/or easement interests the Consultant and the owner reach agreement, the City Manager may execute such agreements as are necessary to conclude the purchase. The City Manager may, subsequent to execution of the agreements, take any other actions necessary to complete the purchase of fee title, temporary easements, and permanent easements necessary for the Project including, but not limited to, execution of certificates of acceptance and recordation of documents.

3. The City Council finds that this delegation of authority is in the best interests of the City and the Project because it will allow acquisitions to be timely processed while still allowing the City Council to retain final approval over exceptional cases.

PASSED, APPROVED AND ADOPTED this 9th day of November 2022. _____________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
421

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.16
Meeting Date: November
9, 2022
SUBJECT:

HDL Business Registration- Second Amendment to Extend
Agreement One Year
SUBMITTED BY:

Robert
Howell
PREPARED BY:

James Riley, Project Consultant

ACTION:

Approve and authorize the City Manager to execute an amendment with HDL Software LLC (HDL) for Business Registration services to exercise the option to extend the term of the agreement one year, to December 11, 2023, as noted in Section 1. Term of Agreement, in the Original Agreement dated December 11, 2019.

SUMMARY:

The City of Wildomar (City) entered into an Agreement for Services (“Agreement”) dated December 11, 2019, with HDL for Business Registration services. The City would like to amend the agreement to exercise the option to extend the term of the agreement for one year, to December 11, 2023, as noted in the Original Agreement in Section 1. Term of Agreement.

FISCAL IMPACT:

No Fiscal Impact.

ATTACHMENTS:

HDL Business Registration-2nd Amendment 11-9-2022 .docx 422

SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES

BETWEEN THE CITY OF WILDOMAR AND HDL SOFTWARE LLC
This Second Amendment to Agreement for Services between City of Wildomar and HDL Software LLC (“Second Amendment”), which is dated November 9, 2022 (“Effective Date”) is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and HDL Software LLC, a California Limited Liability Company (“Service Provider”) as follows:

RECITALS
A. City and Service Provider entered into an Agreement for Services (“Agreement”) dated December 11, 2019.

B. The City and Service Provider entered into a First Amendment their Agreement effective May 11, 2022 to revise the compensation (Exhibit “B”) for Discovery services for the initial service period of July 1, 2022 to June 30, 2023 to $50.00 per processed account instead of the contingency fee of 35% of revenues received because of service. This amendment was made since the City is waiving business registration fees for unregistered businesses for one year. All subsequent Discovery services will follow the compensation terms in the original agreement.

C. The City and Service Provider would like to enter into a Second Amendment effective November 9, 2022 to exercise the option to extend the term of the agreement one year, to December 11, 2023, as noted in the Original Agreement, Section 1. Term of Agreement.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:

AMENDMENT. The Agreement is hereby modified and amended as follows:

1. Section 1. Term of Agreement. The City exercises its first option in the Original Agreement to extend the agreement one year, to December 11, 2023.

GENERAL PROVISIONS.

2. Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.

3. Integration. This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all 423
negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.

4. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.

5. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.

IN WITNESS WHEREOF , the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

THE CITY OF WILDOMAR HDL SOFTWARE LLC
By: By:

Dan York Andrew Nickerson
City Manager President/ CEO
ATTEST:

Janet Morales, City Clerk

APPROVED AS TO FORM
Thomas D. Jex, City Attorney
424

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.17
Meeting Date: November
9, 2022
SUBJECT:

Acceptance of Public Improvements for Tract 36497
(Project No. 14-0010) by
Lennar Homes of California, Inc., a
California corporation
SUBMITTED BY:

Emily Stadnik
PREPARED BY:

Emily Stadnik, Land Development Manager

ACTION:

Staff recommends that the City Council adopt a Resolution entitled:

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 36497, LENNAR HOMES OF CALIFORNIA, INC.

BACKGROUND:

Tract Map 36497, also known as Briarwood, is a residential subdivision of approximately 23 acres into 67 single family residential lots, and one open space lot for water quality and detention purposes. The subdivision is located on the southwest side of Prielipp Road and Elizabeth Lane. The vicinity map (Attachment A) illustrates the location of the project site and surrounding area.

A Subdivision Improvement Agreement (SIA) and Public Improvement Agreement for Tract 36497 were executed on September 10, 2014, between the City of Wildomar and the owner, Lennar Homes of California, Inc. The final map for Tract 36497 was also approved on September 10. 2014.
425

Special Tax Lien for Community Facilities District (CFD) 2013-1 Annexation No. 3 for Tract 36497 was recorded on October 27, 2015.

DISCUSSION:

The Developer has completed the required public improvements and the City’s Public Works Department has completed the inspections of the public improvements. Staff is recommending that the improvements be accepted at this time.

FISCAL IMPACT:

The City will be responsible to maintain the public improvements built by Tract 36497, as identified in Attachment B (CFD Maintenance Exhibits). Costs associated with maintenance will be paid from the special taxes associated with Tract 36497 annexation into Community Facilities District (CFD) 2013-1.

ATTACHMENTS:

ATTACHMENT A - Vicinity Map.docx
ATTACHMENT B - CFD Maintenance.pdf
ATTACHMENT C - Resolution
426

ATTACHMENT A
(Site Location Map for Tract 36497)

Aerial Image of Tract 36497 (highlighted)
Tract 36497
427
428
429
430
431
432
RESOLUTION NO. 2022 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 36497, LENNAR HOMES OF CALIFORNIA, INC.

WHEREAS, Lennar Homes of California, Inc., proposed development of Tract 36497 which included, in part, the construction of public improvements; and WHEREAS, on September 10, 2014, the City Council approved the final map for Tract 36497 and accepted offers of dedication made on the final map for public road and public utility purposes, and as part of the City maintained road system, subject to improvements in accordance with City and County standards; and
WHEREAS, on September 10, 2014, Subdivision Improvement Agreement and Public Improvement Agreement for Tract 36497 were executed between the City of Wildomar and Lennar Homes of California, Inc.; and WHEREAS, Lennar Homes of California, Inc. has completed the public improvements and the City is ready to accept the improvements into the City maintained road system.

NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
by the Wildomar City Council, in regular session assembled on November 9, 2022, the following:

1. The City Council accepts the completed required public improvements within Tract 36497 and as part of the City maintained road system.

PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF NOVEMBER, 2022. ________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
_______________________ _______________________
Tom D. Jex Janet Morales, CMC
City Attorney City Clerk
433

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.1
Meeting Date: November
9, 2022
SUBJECT:

Ordinance No. 224 & 225 - 2nd Readings (California Building Codes Update)
SUBMITTED BY:

Matthew Bassi
PREPARED BY:

Matthew Bassi, Planning Director

ACTION:

1. Approve an Ordinance entitled:

ORDINANCE NO. 224

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 15.08, 15.12, 15.16, 15.18, 15.20, 15.22, 15.24, 15.28, 15.32, 15.38, AND 15.52 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF

THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE), WITH SPECIFIED

APPENDICES, AND INCLUDING ALL AMENDMENTS THERETO

2. Approve an Ordinance entitled:

ORDINANCE NO. 225

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 8.28 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 2 THROUGH 12,

INCLUSIVE)
BACKGROUND:

The California Building Standards Commission (CBSC) is the regulatory body that is responsible for the review and adoption of building standards to be used throughout the state of California. These regulations are the minimum standard used in order to preserve life, safety, health, and welfare in the construction, alteration, and repair of the built environment.

The CBSC updates these codes every three (3) years. The 2022 California Building 434
Standards Code go into effect on January 1, 2023.

DISCUSSION:

The City Council approved the first readings of Ordinance No. 224 and 225 at the October 12, 2022, City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinances No. 224 and 225.

FISCAL IMPACT:
n/a

ATTACHMENTS:

Attach A - Ordinance No. 224.docx
Attach B - Ordinance No. 225.docx
435

ATTACHMENT A
436
ORDINANCE NO. 224

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 15.08,

15.12, 15.16, 15.18, 15.20, 15.22, 15.24, 15.28, 15.32, 15.38, AND 15.52 OF THE WILDOMAR MUNICIPAL CODE TO
ADOPT THE 2022 EDITION OF THE CALIFORNIA

BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 2 THROUGH 12,

INCLUSIVE), WITH SPECIFIED APPENDICES, AND
INCLUDING ALL AMENDMENTS THERETO.

THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

1. The California Building Standards Commission adopts a comprehensive update to the California Building Standards Code, codified as Title 24 of the California Code of Regulations, every three years.

2. Under California Health and Safety Code section 17922(a), such building standards and regulations are substantially the same as those contained in the most recent editions of the International Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electrical Code, and are distinguished by being referenced by the California version of the respective code.

3. The Commission has completed the 2022 update to the California Building Standards Code (“2022 Code”) and made those updates available to the public by July 1, 2022.

4. The 2022 Code takes effect in all jurisdictions on January 1, 2023, under California Health and Safety Code section 17958 and 2019 California Building Code, Appendix Chapter 1, Section 101.4.

5. California Health and Safety code sections 17922 and 17958 mandate that counties and cities adopt ordinances and regulations imposing the same requirements as are contained in the 2022 Code.

6. The City is authorized by Health and Safety Code Sections 17958.7 and 18941.5 and California Government Code Section 50022.2 to adopt amendments to the 2022 Code in order to incorporate appendices, address unique administrative requirements of the City, and in order to modify building standards to the extent that the modifications are reasonably necessary because of local climatic, geological, or topographical conditions.
437

7. The City has previously adopted local amendments to previous versions of the California Building Standards Code, and codified those local amendments in Chapters 15.12, 15.16, 15.18, 15.20, 15.22, 15.24, 15.28, 15.32, 15.38, and

15.52 of the Wildomar Municipal Code.

8. On October 12, 2022, the City Council held first reading of an ordinance to amend Chapters 15.12, 15.16, 15.18, 15.20, 15.22, 15.24, 15.28, 15.32, 15.38, 15.40 and 15.52 of the Wildomar Municipal Code, to adopt and amend the 2022 Code, including the local amendments specific to the City of Wildomar (the “Ordinance”).

9. The City Council finds that it is to the benefit of the City of Wildomar to adopt the 2022 Code, as amended by this Ordinance, because it provides minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the City.

SECTION 2: Compliance with CEQA.

The City Council hereby finds that the action to adopt this Ordinance to amend Chapters 15.08, 15.12, 15.16, 15.18, 15.20,15.22, 15.24, 15.28, 15.32, 15.38, 15.40 and

15.52 of the Wildomar Municipal Code, is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because the action is exempt from environmental review under CEQA Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The Ordinance introduces standards to regulate certain behavior to protect the health, safety, and public welfare, and does not authorize activities or development that could potentially have a physical impact on the environment. Buildings and development projects that are subject to CEQA are reviewed individually prior to issuance of building permit. Moreover, State law provides that the 2022 Building Codes will take effect in the City even if the City does not adopt this ordinance, as is required by law.

Accordingly, the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment.

SECTION 3: Findings.

Based on the whole record before it, the City Council finds that the local amendments to the California Building Standards Code set forth in this Ordinance are reasonably necessary because of the following determinations due to local climatic, geological, and/or topographical conditions:

1. The amendments to the 2022 California Fire Code are justified by the local geological, topographical, and climatic conditions identified and set forth in Exhibit A, attached hereto and incorporated herein by reference.
438

2. The amendments to the 2022 California Residential Building Code are justified by local climatic and geographic conditions specific to the City of Wildomar and are required to be noted in Table 301.2(1) as specified in Section R301.2.

3. The remaining amendments made by this Ordinance are administrative in nature and findings are not required to make these amendments.

SECTION 4: Amendment of Chapter 15.08
Chapter 15.08 of the Wildomar Municipal Code is amended to read in its entirety as follows:

15.08.010 Adopted by Reference. The 2022 California Administrative Code, (California Code of Regulations, Title 24, Part 1) as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of the 2022 California Administrative Code shall be on file in the office of the City Clerk.

SECTION 5 Amendment of Chapter 15.12.

Chapter 15.12 of the Wildomar Municipal Code is amended to read in its entirety as follows:

Chapter 15.12
Building Code
Sections:

15.12.010 Building Code Adopted

15.12.020 Fees

15.12.030 Board of Appeals

15.12.010 Adoption by Reference-Building Code. Except as hereinafter changed or modified, the 2022 California Building Code (California Code of Regulations, Title 24, Part 2), along with Appendices C, I, H, and J, of that certain building code, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of the 2022 California Building code, including the above-designated appendices, shall be on file in the office of the City Clerk.

15.12.020 Fees. Chapter 1, Section 1.8.4. Permit Fees, Applications and Inspections is amended by adding the following:

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with the schedule as established by resolution of the City Council of the City of Wildomar. 439

15.12.030 Board of Appeals.

A. Section 1.8.8.1 of Chapter 1 is amended to read in its entirety as follows:

1.8.8.1 General . In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Building Board of Appeals. The Building Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business. In the event the City Council fails to appoint such a Board, the Planning Commission shall function as such.

B. Section 1.8.8.2 of Chapter 1 is repealed in its entirety.

C. Section 1.8.8.3 of Chapter 1 is amended to read in its entirety as follows:

1.8.8.3 Appeals. Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determination by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance the City, may appeal the issue for resolution to the Building Board of Appeals.

D. Section 1.8.8 of Chapter 1 is further amended by adding the following sections:

1.8.8.4 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this code.

1.8.8.5 Qualifications. The Building Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the City. The Building Official shall act as secretary to the Board.

1.8.8.6 Accessibility Appeals Board. In order to conduct the hearings on written appeals regarding action taken by the Building Official and to ratify certain exempting actions of the Building Official in enforcing the accessibility requirements of Title 24 of the California Code of Regulations for privately-funded construction, to serve as an advisor to the Building Official on disabled access matters, and to make recommendations to the City Council on appeals of decisions made by the Building Official on City-funded buildings, there shall be an Accessibility Appeals Board. The Accessibility Appeals Board shall consist of five members. Two members of the Appeals Board shall be physically disabled persons, two members shall be persons experienced in construction, and one member shall be a public member. The Building Official shall act as Secretary to the Board. The members of the Accessibility Appeals Board shall be appointed by the City Council and shall hold office at its pleasure.
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The Accessibility Appeals Board may approve or disapprove interpretations and enforcement actions taken by the Building Official. All such approvals or disapprovals for privately funded construction shall be final and conclusive as to the Building Official in the absence of fraud or prejudicial abuse of discretion. The Board shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties.

SECTION 6: Amendment of Chapter 15.16.

Chapter 15.16 of the Wildomar Municipal Code is amended in its entirety to read as follows:

Chapter 15.16
Residential Code
Sections:

15.16.010 Adoption of the California Residential Code

15.16.020 Modification of the California Residential Code

15.16.010 Adoption of the California Residential Code. Except as hereinafter modified or changed, the 2022 California Residential Code (California Code of Regulations, Title 24, Part 2.5) along with appendix AX published by the California Building Standards Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Residential Building Code shall be on file in the office of the City Clerk.

15.16.020 Modification of the California Residential Code. The 2022 California Residential Code is hereby modified as follows:

R301.2 Climatic and geographic design criteria. Buildings shall be constructed in accordance with the provisions of this code as limited by the provisions in this section. Additional criteria shall be established by the local jurisdiction and set forth in Table R301.2 (1)
(a) TABLE R301.2 (1) is completed, and footnote (g) is revised, as required by the Residential Building Code, for use in the City of Wildomar. 441
TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

CITY OF WILDOMAR
GROUND

SNOW LOAD

WIND DESIGN SEISMIC
DESIGN
CATEGORYf

SUBJECT TO DAMAGE FROM WINTER
DESIGN
TEMPe

ICE BARRIER

UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg

AIR FREEZING
INDEXi

MEAN ANNUAL
TEMPi
Speedd
(mph)
Topographic
Effectsk
Weathering Frost Line
Depthb
Termitec
ZERO 110 NO D2 or E Negligible 12”-24” Very Heavy 30 NO See revised footnote (g)
10 63.6
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [FigureR301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. See City of Wildomar FIRM maps for Flood Hazard locations. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value
on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. 442
SECTION 7: Amendment of Chapter 15.18.

Chapter 15.18 of the Wildomar Municipal Code is amended in its entirety to read as follows:
“Chapter 15.18
Historical Building Code

15.18.010 Adoption of the Historical Building Code. Except as hereinafter modified or changed, the 2022 California Historical Building Code (California Code of Regulations, Title 24, Part 8) published by the California Building Standards Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code.

A copy of said California Historical Building Code shall be on file in the office of the City Clerk.”
SECTION 8: Amendment of Chapter 15.20.

Chapter 15.20 of the Wildomar Municipal Code is amended in its entirety to read as follows:

Chapter 15.20
Green Building Code

15.20.010 Adoption of the Green Building Standards Code . Except as hereinafter modified or changed, the 2022 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11) published by the California Building Standards Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Green Building Standards shall be on file in the office of the City Clerk.”
SECTION 9: Amendment of Chapter 15.22
Chapter 15.22 of the Wildomar Municipal Code is amended in its entirety to read as follows:
“Chapter 15.22
Energy Code

15.22.010 Adoption of the Energy Code. Except as hereinafter modified or changed, the 2022 California Energy Code (California Code of Regulations, Title 24, Part 6), including Appendix 1-A, published by the California Building Standards Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Energy Code shall be on file in the office of the City Clerk.”
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SECTION 10: Amendment of Chapter 15.24.

Chapter 15.24 of the Wildomar Municipal Code is amended in its entirety to read as follows:

Chapter 15.24
Electrical Code

15.24.010 Adoption of Electrical Code. Except as hereinafter changed or modified, the 2022 California Electrical Code (California Code of Regulations, Title 24, Part 3), of that certain electrical code, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Electrical Code shall be on file in the office of the City Clerk.

SECTION 11: Amendment of Chapter 15.28.

Chapter 15.28 of the Wildomar Municipal Code is amended in its entirety to read as follows:

Chapter 15.28
Mechanical Code

15.28.010 Adoption of Mechanical Code. Except as hereinafter changed or modified, the 2022 California Mechanical Code (California Code of Regulations, Title 24, Part 4), along with Appendices B, C, and D of that certain mechanical code, published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Mechanical Code, including the above-designated appendix, shall be on file in the office of the City Clerk.”
SECTION 12: Amendment of Chapter 15.32.

Chapter 15.32 of the Wildomar Municipal Code is amended in its entirety to read as follows:

Chapter 15.32
Plumbing Code

15.32.010 Adoption of Plumbing Code. Except as hereinafter changed or modified, the 2022 California Plumbing Code (California Code of Regulations, Title 24, Part 5), along with Appendices A, B, D, H, I, and J, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Plumbing Code shall be on file in the office of the City Clerk.”
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SECTION 13: Amendment of Chapter 15.38.

Chapter 15.38 of the Wildomar Municipal Code to amended in its entirety to read as follows:
“Chapter 15.38
Referenced Standards Code

15.38.010 Adoption of Referenced Standards Code. Except as hereinafter modified or changed, the 2022 California Referenced Standards Code (California Code of Regulations, Title 24, Part 12) published by the California Building Standards Commission is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Referenced Standards Code shall be on file in the office of the City Clerk.”
SECTION 14: Amendment of Chapter 15.52.

Chapter 15.52 of the Wildomar Municipal Code is amended in its entirety to read as follows:

Chapter 15.52
Existing Building Code

15.52.010 Adoption of Existing Building Code. Except as hereinafter changed or modified, the 2019 California Existing Building Code (California Code of Regulations, Title 24, Part 10), including Appendix Chapter A-1, as published by the California Building Standards Commission, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said California Existing Building Code shall be on file in the office of the City Clerk.”
SECTION 15. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each Section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 16. EFFECTIVE DATE.

This Ordinance shall take effect thirty (30) days from its passage by the City Council.
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SECTION 17. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

APPROVED AND ADOPTED this 9th day of November, 2022.
_________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
________________________ ________________________
Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
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ATTACHMENT B
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ORDINANCE NO. 225

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 8.28

OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE
2022 CALIFORNIA FIRE CODE EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24,
PARTS 2 THROUGH 12, INCLUSIVE)

THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

1. The California Building Standards Commission adopts a comprehensive update to the California Building Standards Code, codified as Title 24 of the California Code of Regulations, every three years.

2. Under California Health and Safety Code section 17922(a), such building standards and regulations are substantially the same as those contained in the most recent editions of the International Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electrical Code, and are distinguished by being referenced by the California version of the respective code.

3. The Commission has completed the 2022 update to the California Building Standards Code (“2022 Code”) and made those updates available to the public by July 1, 2022.

4. The 2022 Code takes effect in all jurisdictions on January 1, 2023, under California Health and Safety Code section 17958 and 2019 California Building Code, Appendix Chapter 1, Section 101.4.

5. California Health and Safety code sections 17922 and 17958 mandate that counties and cities adopt ordinances and regulations imposing the same requirements as are contained in the 2022 Code.

6. The City is authorized by Health and Safety Code Sections 17958.7 and 18941.5 and California Government Code Section 50022.2 to adopt amendments to the 2022 Code in order to incorporate appendices, address unique administrative requirements of the City, and in order to modify building standards to the extent that the modifications are reasonably necessary because of local climatic, geological, or topographical conditions.
448

7. The City has previously adopted local amendments to previous versions of the California Building Standards Code, and codified those local amendments in Chapters 8.28, of the Wildomar Municipal Code.

8. On October 12, 2022, the City Council held first reading of an ordinance to amend Chapter 8.28 of the Wildomar Municipal Code, to adopt and amend the 2022 Code, including the local amendments specific to the City of Wildomar (the “Ordinance”).

9. The City Council finds that it is to the benefit of the City of Wildomar to adopt the 2022 Code, as amended by this Ordinance, because it provides minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the City.

SECTION 2: Compliance with CEQA.

The City Council hereby finds that the action to adopt this Ordinance to amend Chapters 8.28 of the Wildomar Municipal Code, of the Wildomar Municipal Code, is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) because the action is exempt from environmental review under CEQA Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The Ordinance introduces standards to regulate certain behavior to protect the health, safety, and public welfare, and does not authorize activities or development that could potentially have a physical impact on the environment. Buildings and development projects that are subject to CEQA are reviewed individually prior to issuance of building permit. Moreover, State law provides that the 2022 Building Codes will take effect in the City even if the City does not adopt this ordinance, as is required by law. Accordingly, the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment.

SECTION 3: Findings.

Based on the whole record before it, the City Council finds that the local amendments to the California Building Standards Code set forth in this Ordinance are reasonably necessary because of the following determinations due to local climatic, geological, and/or topographical conditions:

1. The amendments to the 2022 California Fire Code are justified by the local geological, topographical, and climatic conditions identified and set forth in Exhibit A, attached hereto and incorporated herein by reference.

2. The amendments to the 2022 California Residential Building Code are justified by local climatic and geographic conditions specific to the City of Wildomar and are required to be noted in Table 301.2(1) as specified in Section R301.2. 449

3. The remaining amendments made by this Ordinance are administrative in nature and findings are not required to make these amendments.

SECTION 4: Amendment of Chapter 8.28
Chapter 8.28 of the Wildomar Municipal Code is amended in its entirety to read as flows and incorporated herein, by reference.

CHAPTER 8.28

FIRE CODE
Sections

8.28.010 Findings and Adoption

8.28.020 Amendments to the California Fire Code

8.28.030 Penalties

8.28.010 Findings and Adoption.

A. Findings. The City Council finds as follows:

1. Every three years the State of California adopts a new California Fire Code, as part of the California Building Standards Code, which becomes effective as to the City of Wildomar and Riverside County 180 days after publication by the California Building Standards Commission.

2. The International Fire Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 9, titled the California Fire Code.

3. The City of Wildomar may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of local climatic, geological or topographical conditions.
a. Climatic Conditions:
i. The City of Wildomar located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi­ arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range.

Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 M.P.H. or greater, are 450
common to the area. Examples are Santa Ana/ Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.

These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, will greatly impact the response time to reach an incident scene.

During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.
ii. Although Riverside County and the City of Wildomar occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. Annual rainfall varying from three (3) inches in Blythe to over thirty three (33) inches in Pine Cove.

When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the county. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought. iii. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.
iv. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation.

These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will 451
supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. b. Topographical conditions
i. A. Natural: The topographical conditions of Riverside County varies from three hundred (300) feet below sea-level, flat desert communities to mountains over ten thousand (10,000) feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of 25 percent and greater generally occur throughout the foothills.

Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands. A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.
ii. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County. iii. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
c. Geological Conditions
i. A. Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.
ii. The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in turn, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from 452
place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction). iii. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.
iv. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the 5 minute goal. California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the City Council finds that the following table sets forth the 2019 California Fire Code sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification.
2022 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
101.4 Severability Administrative
102.5 Application of the residential code I, II & III
103.4 and 103.4.1 Liability Administrative
104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.12 Authority of the Fire Chief to close hazardous fire areas Administrative 106.2 Fees Administrative
106.6 Cost Recovery Administrative
109.1 Board of Appeals established Administrative
110.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.6.3 Sky Lanterns I, II & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-offs Administrative 507.5.7 Fire hydrant size and outlets I & III
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507.5.8 Fire hydrant street marker I, II & III
508.1, 508.1.1, 508.1.3,
508.1.6, 508.1.8 Fire command center I, II & III
509.2.1 Minimum clearances I & III
605.10.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II
3204.2.1 Minimum requirements for client leased or occupant Administrative 4904.3 High Fire Hazard Severity Zone Maps Administrative App Ch B, Table B105.2 Buildings other than one- or two-family dwellings I, II & III App Ch C, C103.1 Fire hydrant location I, II & III
B. Purpose. The purpose of this ordinance is to adopt the 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, as amended, to govern the safeguarding of life and property from fire, explosion hazards and hazardous conditions and to regulate the issuance of permits and collection of fees.

C. Authority. This ordinance is adopted pursuant to Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 which allow a county to adopt modifications or changes to the California Fire Code that are reasonably necessary because of local climatic, geological and topographical conditions.

D. Application and Adoption of the California Fire Code. Except as stated in this Section or as amended below in Section 5 of this ordinance, all of the provisions and appendices of the 2022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter’s matrix, are hereby adopted and shall apply to the City of Wildomar. In addition, the following provisions that are excluded in the 2022 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 109.3 are not adopted, and Chapters 3, 25, and Sections 403.12, 503, 510.2, and 1103.2 are adopted.

8.28.020 AMENDMENTS TO THE CALIFORNIA FIRE CODE.

CHAPTER 1 SCOPE AND GENERAL REQUIREMENTS
Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.”
Section 102.5 of the California Fire Code is amended as follows:
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102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.” Section 103.4 of the California Fire Code is deleted in its entirety and replaced with the following:
103.4 Liability. Any liability against Riverside County or the City of Wildomar or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.”
A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this ordinance.

Under the Fire Chief’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Wildomar pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.
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2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of Wildomar Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.” 104.2.1 Service and Permit Fees. Fees for services and permits shall be as set forth in Chapter 3A4. Payment shall be made at the time of application or as otherwise provided for in Chapter 3.44. ,
Fees for reproduction of documents shall be $15.00 per record.

Fees for reproduction of photographs shall be $3.00 per picture.

A new Section 104.12 is added to Section 104 of the California Fire Code to read as follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace 456
officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.”
Section 106.2 of the California Fire Code is deleted in its entirety and replaced with the following:
106.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Wildomar fee schedule.”
Section 106.6 is added to Section 106 of the California Fire Code to read as follows:
106.6 Cost recovery . Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.” Section 109.1 of the California Fire Code is deleted in its entirety and replaced with the following:
109.1 Board of appeals established. The Board of Appeals shall be the City Manager.

If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.” Section 110.4 of the California Fire Code is deleted in its entirety and replaced with the following:
110.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or ordinance. Punishments and penalties for violations shall be in accordance with the City of Wildomar ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5.” 457
CHAPTER 2 DEFINITIONS
Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

CHAPTER 3 GENERAL REQUIREMENTS.

Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

CHAPTER 5 FIRE SERVICE FEATURE.

Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.

A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels. 458
A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas . On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.

2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.

3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.

A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General . Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.

Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved 459
by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

Section 508.1.3 of the California Fire Code is amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438mm).

Section 508.1.6 of the California Fire Code is hereby amended to add the following:

Exception: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features.

A new Section 508.1.8 is added to Section 508 of the California Fire Code to read as follows:
508.1.8 Fire command center identification. The fire command center shall be identified by a permanent easily visible sign stating, “Fire Dept. Command Center,” located on the door to the fire command center.

Section 509.2.1 of the California Fire Code is amended to add the following:
509.2.1 Minimum clearances.A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

CHAPTER 6 BUILDING SERVICES AND SYSTEMS
Section 606.10.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
606.10.1.2 Manual operation . When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

CHAPTER 9 FIRE PROTECTION SYSTEMS
Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
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903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 – 903.2.20 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

CHAPTER 32 HIGH-PILED STORAGE.

A new Section is added to Section 3204.2 of the California Fire Code to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses.

Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine 461
commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

REQUIREMENTS FOR WILDLAND-URBAN INTERFACE AREA.

A new Section 4904.3 is added to Section 4904 of the California Fire Code to read as follows:
4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009 and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted designating high fire hazard areas.

APPENDIX B.

Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES

AUTOMATIC

SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table
B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table
B105.1(2) at the reduced
flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table
B105.1(2) at the reduced
flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute. 462
APPENDIX C.

1. Section C103.1 of the California Fire Code is hereby amended to read as follows:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.

8.28.030 Penalties.

A. It is unlawful for any person, firm, corporation or association of persons to. Violate any provision of this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation or association of persons violating any provision of this chapter or the provisions of any permit granted pursuant-to this chapter; shall be deemed guilty of an infraction or misdemeanor as hereinafter specified.· Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit granted pursuant to this chapter, is committed, continued, or permitted.

B. Any person, firm, corporation or a ssociation of persons so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a first violation; (2) guilty of an infraction offense and punishable by a fine .not exceeding $300.00 for a second violation on the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail or both.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person or entity from the responsibility for correcting the violation.

SECTION 5. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each Section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
463
SECTION 6. EFFECTIVE DATE.

This Ordinance shall take effect thirty (30) days from its passage by the City Council.

SECTION 7. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

ADOPTED AND APPROVED this 9th day of November, 2022.
_________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
________________________ ________________________
Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
464

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: November
9, 2022
SUBJECT:

Compensation & Classification Study - Position Descriptions Acceptance, Position Classification Placements, and Employee Benefit Revisions
SUBMITTED BY:

Robert
Howell
PREPARED BY:

Robert
Howell, Administrative Service Director

ACTION:

Adopt Resolution entitled:

RESOLUTION NO. 2022 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING POSITION CLASSIFICATION DESCRIPTIONS; ADOPTING A NEW PAY PLAN; REVISING THE POSITION CLASSIFICATION SCHEDULE; UPDATING HEALTH BENEFIT ALLOTMENT; ADDING A GROUP SPONSORED LIFE INSURANCE PLAN AS AN EMPLOYEE BENEFIT; REVISING RULE XI.C. (HOLIDAYS) OF THE CITY’S PERSONNEL RULES; AND INITIATING TRANSITION TO A 9/80 WORK SCHEDULE SUMMARY:

After reviewing the position classification descriptions and pay plan placement, the City Manager and Administrative Services Director recommend the following:

1. Accept and approve the position classification descriptions presented.

2. Approve the tentative placement of the new position classification descriptions as recommended.

3. Approve the following benefit changes:

A. Increase Health Insurance Allocation effective December 1, 2022 (Start of Collection for Plan Year 2023) as shown on Exhibit A.

465
B. Increase Life Insurance Coverage for staff to One Times Salary with a minimum of $50,000 Coverage and move the cost responsibility from the Employee to the City effective January 1, 2023.

4. Approve the following changes to the City's Holiday Schedule:

A. Beginning in December 2022 authorize the closure of City Hall and the Cemetery District Office for the last week of December.

BACKGROUND:

Planning the City's organizational structure to account for our consistent growth, management finds that the Position Classification Descriptions, Compensation, and Employee Benefits shall be updated. These updates will address increasing operational needs and ensure current and future staff members are assigned the appropriate position classifications. The updates maintain a competitive edge in retaining current staff and attracting potential new hires by enhancing our health benefit allotment, streamlining and enhancing our holiday leave, and add in an employer sponsored group life insurance benefit. An alternate 9/80 work schedule is also being explored to provide for Friday services at city hall to be brought to the City Council at the December 14, 2022 meeting.

DISCUSSION:

In an effort to continue working on the City's Organizational Structure, new Position Classification Descriptions, a revised City Pay Plan, and changes to the Employee benefits have been considered and are included in this staff report.

New Position Classification Descriptions have been created, with some of the descriptions and position titles modified to match comparable duties with adjacent cities. Each position has been reviewed to determine how best the position fits on the City's Pay Plan. Comparing the City's positions with other cities in the region, a pay grade was assigned to more competitively align with the median range in the region.

A Revised Pay Plan has been built utilizing the current Pay Plan, but has new Pay Grade numbers based on the position groupings (General - Non Exempt, General - Exempt, Management, and Executive). The position titles and FLSA status have been added to the Plan. In addition the City Manager position and a Retired Annuitant - Extra Work position have been added to satisfy CalPERS requirements.

The revised Pay Plan does not increase the Maximum Pay Step of any Pay Grade, and Steps A-J are the same as the current Pay Plan. We have added three additional Pay Steps beginning at Pay Grade 116 that are at the bottom of each Pay Grade, and are labeled as Pay Steps 1, 2 and 3. These additional Pay Steps are designed to provide the City flexibility to promote employees for an increase in Position Classification and Pay Grade while maintaining fiscal responsibility. No employee will suffer a base salary decrease or any benefit loss as a 466
result of these changes to the City Pay Plan.

Employee Benefit changes were also looked at and recommendations made with an eye on making them more competitive with our surrounding cities. Those recommendations covered the Health Insurance Allocation, adding an additional Holiday, City Paid Life Insurance, Tuition Reimbursement, Management Leave, Bilingual Pay, and Longevity Pay. After a review of the recommendations the decision was made to bring three of the recommendations to the City Council for discussion and approval, with the other items to be reviewed in the future.

Health Insurance Allocation - The City has allocated $1,200 per month for each employee since the City's incorporation along with the PEMHCA amount, which is currently at $149 per month for a total city contribution of $1,349 (FY22/23). The median compensation in the region is $1,750 per month per employee. After review of the median compensation amount with an analysis of the increased costs for current Health Insurance plans available to employees and the impact to the City's on-going operating budget, Management recommends at this time to incrementally increase the benefit towards the median range using a tiered rate system.

A tiered system will utilize the following groups - Employee Only, Employee and One Dependent, and Employee and Two Plus Dependents - to assign an allocated amount to each.

The amounts recommended for the graduated tiered system plus PEMHCA are $1,249 for Employee Only, $1,374 for Employee and One Dependent, and $1,499 for Employee and Two Plus Dependents. The annual cost for the graduated tiered system for the remainder of the 2022-2023 fiscal year would be approximately $35,300.

City Paid Life Insurance - Several years ago the City chose to drop the benefit of City Paid Life Insurance due to the City's loss of Vehicle Tax Revenue. In 2020 staff identified life insurance as an important benefit and agreed to pay their way for the costs of life insurance through a payroll deduction. Other agencies in the region pay for Life Insurance for the employees. Staff obtained Quotes to provide life insurance equal to the employee's salary with a minimum benefit of $50,000. The annual cost to add this benefit is approximately $6,200 per year.

Management recommends approval of this benefit effective January 1, 2023.

Holiday Schedule - The City currently provides eleven paid holidays plus one floating holiday that may be cashed out or used anytime during the year. 14 paid holidays is the average in the region for other agencies.

The current holiday calendar credits employees with a floating holiday if the holiday lands on a weekend. At the end of the year all unused floating holidays are cashed out. Eliminating floating holiday's stabilizes annual cash flows and reduces impact to the operating budget.

Therefore, management recommends to adjust the holiday calendar annually so that holidays land on regular pay days and eliminate floating holidays. Additionally, management recommends changing the current 4 day-10 hour work week to a 9-80 work schedule to 467
provide for Friday services at City Hall.

In exchange of the recommended additional holiday, the revised holiday schedule and proposed 9-80 work schedule, management recommends closing city offices the last week of December. Activity at city hall is traditionally low during this period and the majority of employees request this time off. Closure of City and Cemetery District offices provides an added benefit to the employees with no additional cost to the operating budget.

Management recommends the following holiday changes effective December 1, 2022:

(1) Eliminate the Senator Roth Floating Holiday;
(2) Close City Offices for the Veterans Day Holiday (currently the City is open for the holiday and the holiday is treated as a floating holiday);
(3) Holidays that fall on a Saturday or Sunday are to be moved to either the prior Friday, or following Monday. Schedule to be adopted annually;
(4) City Offices are closed between the observed day of Christmas Eve and the observed day of New Year's Day.
(5) The Implementation of a 9-80 work schedule to provide for Friday services at City Hall.

City staff would no longer have Banked or Floating Holidays at the end of the fiscal year, therefore the City would no longer incur the cost of these hours at the end of the fiscal year.

This savings would partially occur in the 2022-2023 fiscal year, and full savings would take place beginning in the 2023-2024 fiscal year.

FISCAL IMPACT:

The impact to the remainder of fiscal year 2022-23 City overall budget for the enhanced Health Insurance Allocation is $35,300.

The Life Insurance cost for Calendar Year 2023 is $6,200, of which $3,100 is the amount to apply to fiscal year 2022-23.

There is no fiscal impact at this time on the approval of the Position Classification Descriptions or the Revised Pay Plan that are on tonight's agenda. The fiscal impact of any personnel changes made as a result of the approval of both items will be submitted to the City Council for approval as a part of the mid-year fiscal budget report.

ATTACHMENTS:

Reso No.2022-XX - Complensation Classification and Benefits to Council.docx Position Classifcation Descriptions for approval.pdf
Position Classification Schedule FY2022-23 items in red effective 02-11-2023.pdf COW Standard Life Insurance Proposal - 1X Salary Plan.pdf Personnel Rules Update- July 2018 (1132022 Revision).docx Compensation & Classification Study Recommendations v2.pptx 468
COW Pay Plan with Positions Listed - Effective 2-11-2023 to Council Corrected.pdf 469
RESOLUTION NO. 2022 – XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING POSITION CLASSIFICATION DESCRIPTIONS; ADOPTING A NEW PAY PLAN; REVISING THE POSITION CLASSIFICATION SCHEDULE; UPDATING HEALTH BENEFIT ALLOTMENT; ADDING A

GROUP SPONSORED LIFE INSURANCE PLAN AS AN EMPLOYEE
BENEFIT; REVISING RULE XI.C. (HOLIDAYS) OF THE CITY’S PERSONNEL RULES; AND INITIATING TRANSITION TO A 9/80 WORK SCHEDULE WHEREAS, on June 18, 2014, the City of Wildomar (“City”) City Council adopted Ordinance No. 96 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 2.36 (PERSONNEL SYSTEM) OF THE WILDOMAR MUNICIPAL CODE;
WHEREAS, Ordinance No. 96 among other things, states that the City Council shall have the authority to adopt, amend, or repeal the Personnel Rules as determined necessary from time to time;
WHEREAS, in continuing to work on its organizational structure, and to account for its consistent year over year growth, the City would best be served by updating its Position Classification Descriptions to better match its current and growing needs; WHEREAS, based on the City’s increased operational needs and to ensure current and future employees are assigned the appropriate position classification, the City seeks to revise the Position Classification Schedule and to adopt a revised new pay plan increasing the number of available pay grades and steps, but maintaining the same maximum pay for each pay grade in effort to maintain fiscal responsibility; WHEREAS, due to current hiring market conditions and in effort to maintain a competitive edge in retaining current talented personnel and to attract potential new hires as the City continues its anticipated growth, the City wishes to enhance its health benefit allotment, streamline its holiday leave, and introduce an employer sponsored group life insurance benefit for its employees; and
WHEREAS, in light of the City’s proposed revision to its holiday leave entitlement, and introduction of an paid City Hall closure during the last calendar week of each year, the City wishes to explore adopting an alternative 9/80 work schedule to enhance the level of service available to its residents by expanding City Hall hours to include Fridays.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
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SECTION 1. POSITION CLASSIFICATION DESCRIPTIONS. Effective February 11, 2023, subject to City Council’s approval of the mid-year fiscal budget, the City adopts a new Classification Description amending the classification descriptions for certain existing classifications and adding new classifications. The new Classification Descriptions document is attached to this Resolution as Exhibit “A.” SECTION 2. PAY PLAN. Effective February 11, 2023, subject to City Council’s approval of the mid-year fiscal budget, the City adopts a revised City of Wildomar Pay Plan increasing the number of available pay grades and ranges without increasing the maximum salary rate for each pay grade. The new City of Wildomar Pay Plan is attached to this Resolution as Exhibit “B.”
SECTION 3. POSITION CLASSIFICATION SCHEDULE. Effective February 11, 2023, subject to City Council’s approval of the mid-year fiscal budget, the City adopts a revised Position Classification Schedule. The new Position Classification Schedule is attached to this Resolution as Exhibit “C.” SECTION 4. HEALTH BENEFIT ALLOTMENT. Currently the City provides employees with $1,200 per month toward medical, dental, vision, and other supplemental benefits. Effective January 1, 2023, the City will provide the following monthly health benefit allotment to its employees:

Type of Coverage Monthly Health Benefit Allotment Amount Employee only $1,249
Employee + one dependent $1,374
Employee + two or more dependents $1, 499
Employees may use the above new monthly health benefit allotment amount toward medical, dental, vision, and/or other supplemental benefits. Employees shall not receive cash-out of any remaining balance in their monthly health benefit allotment amounts.

SECTION 5. LIFE INSURANCE. Effective January 1, 2023, the City will provide employer sponsored group life insurance benefit for its employees. The City will pay the life Insurance premium for each employee to provide each employee with life insurance coverage in the following amount: the greater between $50,000 or the equivalent of 1x the employee’s annual base salary. A copy of the proposal for Group Life Insurance Policy Plan is attached to this Resolution as Exhibit “D.” SECTION 6. HOLIDAYS. Effective December 1, 2022, the City shall amend its Personnel Rules to revise Rule XI.C. to remove floating holidays, provide for observance of all listed holidays under XI.C.1, and to close City hall during the last week of each calendar year. A copy of the proposed revision to the Personnel Rules revising Rule XI.C. in redline is attached to this Resolution as Exhibit “E.” 471
SECTION 7. ADOPTING A 9/80 WORK SCHEDULE. Effective immediately, City Council directs staff to take proper measures to revise the City’s Personnel Rules to present a draft effectuating an adoption of a 9/80 work schedule, as provided by the Fair Labor Standards Act, at the City Council’s next regularly scheduled meeting on December 14, 2022.

PASSED, APPROVED AND ADOPTED this 9th day of November, 2022. ______________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
472

CITY OF WILDOMAR

CLASSIFICATION DESCRIPTION

ACCOUNTANT I/II