Agenda packet — Wildomar City Council, June 10, 2026 (part 1 of 5)

CITY COUNCIL MEETING

CEMETERY DISTRICT BOARD
AGENDA
WEDNESDAY, JUNE 10, 2026
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106 WILDOMAR, CA 92595 CLOSED SESSION: 5:00 PM | REGULAR SESSION 6:00 PM
Carlos Marquez - Mayor | District 1
Dustin Nigg - Mayor Pro Tem | District 2
Ashlee DePhillippo - Council Member| District 5
Bridgette Moore - Council Member | District 4
Joseph Morabito - Council Member | District 3
Chris Mann, City Manager
Thomas D. Jex, City Attorney
The City of Wildomar will be a Safe and Active Community with Responsible Growth and Quality Infrastructure while keeping a Hometown Feel

CITY COUNCIL MEETING
1 CALL TO ORDER – CLOSED SESSION - 5:00 P.M.

ROLL CALL

PUBLIC COMMENTS

CLOSED SESSION

CLOSED SESSION
Presented By: Thomas D Jex, City Attorney
RECOMMENDATION:

1. The City Council will meet in closed session to hold a conference with its Labor Negotiator regarding represented employees pursuant to Government Code 54957.6.

Agency representative: City Manager Chris Mann
Employee organization: Teamsters Local 986, General Teamsters, Airline, Aerospace & Allied Employees, Public, Professional, & Medical Employees, Warehousemen, Drivers, Construction, Rock and Sand Affiliated with the International Brotherhood of Teamsters
CALL TO ORDER – OPEN SESSION - 6:00 P.M.

The City Council serves as the Board of the Wildomar Cemetery District. This meeting is convened as a meeting of both bodies.

ROLL CALL
Discussion and determination on whether an absence is excused.

FLAG SALUTE

CLOSED SESSION REPORT

PRESENTATIONS
Recognitions/Presentations

DEPARTMENT REPORTS
No reports scheduled.

PUBLIC COMMENTS
This is the time when the City Council receives general public comments regarding any items or matters within the jurisdiction that do not appear on the agenda. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.

CITY COUNCIL MEETING
2 1. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the City Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.

1.1 City Council/ Cemetery District Board Minutes - May 13, 2026 - Regular Meeting
Presented By: Janet Morales Garcia , City Clerk's Office RECOMMENDATION:

Approve the minutes as presented.

1.2 May 2026 City Warrant Register
Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

Approve the following:

For Fiscal Year 2025/2026:

1. Warrant Register dated 5-4-2026 in the amount of $3,450.00.

2. Warrant Register dated 5-7-2026 in the amount of $901,245.85.

3. Warrant Register dated 5-14-2026 in the amount of $347,986.24.

4. Warrant Register dated 5-21-2026 in the amount of $215,561.19.

5. Warrant Register dated 5-28-2026 in the amount of $704,694.94.

6. Wire Transfer Register dated 5-31-2026 in the amount of $569,132.50.

7. Payroll Register dated 5-31-2026 in the amount of $568,629.01.

1.3 May 2026 Cemetery Warrant Register
Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

Approve the following:

For Fiscal Year 2025/2026:

1. Warrant Register dated 5-7-2026 in the amount of $13,465.77.

2. Warrant Register dated 5-14-2026 in the amount of $270.00.

3. Warrant Register dated 5-28-2026 in the amount of $9,102.25.

1.4 April 2026 City Treasury Report
Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

Approve the City Treasury Report for April 2026.

APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time.

CITY COUNCIL MEETING
3 1.5 April 2026 Cemetery Treasury Report
Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

Approve the Treasury Report for April 2026.

1.6 Calling a General Municipal Election on November 3, 2026 Location: Districts 1, 3, 5
Presented By: Janet Morales Garcia , City Clerk's Office RECOMMENDATION:

Adopt the following Resolutions entitled:

RESOLUTION NO. 2026 - ____

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

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS IN DISTRICT 1, DISTRICT 3, AND DISTRICT 5 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
RESOLUTION NO. 2026 - ____

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

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION § 10403 OF THE ELECTIONS CODE

1.7 Appropriations Limit for FY 2026-27
Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026 - _____

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

CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27

1.8 Acceptance of the FY 24-25 Measure Z Annual Report
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Accept the Fiscal Year 2024–25 Measure Z Oversight Advisory Committee Annual Report.

CITY COUNCIL MEETING
4 1.9 Acceptance of FY2024-25 Measure AA Annual Report
Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

Review and Accept the Measure AA Oversight Advisory Committee Annual Report for FY 2024-25.

1.10 FY2026-27 Wildland Fire Protection Agreement
Presented By: Chief Dustin Reed , Fire Department
RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026 - ____

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

CALIFORNIA, APPROVING THE AGREEMENT WITH THE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR WILDLAND FIRE PROTECTION SERVICES FROM JULY 1, 2026, TO JUNE 30, 2027

1.11 FY 2026-27 List of Projects for the SB1: Road Repair and Accountability Act of 2017
Location: Citywide
Presented By: Cameron Luna , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

1.12 Sole Source Agreement with Animal Friends of Valley for Animal Control Services
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Approve the Agreement for Services between the City of Wildomar and Animal Friends of the Valleys for animal control and shelter services for a three-year term commencing June 10, 2026, with one optional one-year renewal term, and authorize the City Manager to execute the Agreement.

1.13 Third Amendment to Traffic Signal Maintenance Services Agreement with St.

Francis Electric, LLC
RECOMMENDATION:

Approve and authorize the City Manager to execute the Third Amendment to the Agreement for Maintenance Services with St. Francis Electric, LLC.

CITY COUNCIL MEETING
5 1.14 Bundy Canyon Road Slope Easement Vacation (Walmart Property) Location: South Side of Bundy Canyon Rd. (Sellers Rd. and Monte Vista Dr.) and West Side of Monte Vista Drive
Presented By: Carlos Geronimo , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026-____

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

CALIFORNIA SUMMARILY VACATING A CITY SLOPING EASEMENT
PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8330 ET SEQ.

1.15 Merchant Processing Agreement with CardConnect, LLC for payment processing services for the CivicPlus Recreation Management platform Presented By: Cory Gorham , City Manager's Office
RECOMMENDATION:

Authorize the City Manager to execute a Merchant Processing Agreement with CardConnect, LLC for payment processing services related to the CivicPlus Recreation Management platform.

1.16 Resolution Approving Certain Contracts And Authorizing the City Manager to Execute the Preapproved Contracts
Presented By: Janet Morales Garcia , City Clerk's Office RECOMMENDATION:

Adopt a resolution entitled:

RESOLUTION NO. 2026 -____

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

CALIFORNIA, APPROVING CERTAIN CONTRACTS AS TO FORM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE PREAPPROVED

CONTRACTS

1.17 Sixth Amendment to Design Professional Services Agreement with Mark Thomas Corporation for the Palomar Street/Wildomar Cemetery Improvement Projects (CIP 028-2 and CIP 067-1)
Location: Palomar St. (Gruwell St. to Wildomar Trail) and Wildomar Cemetery Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Authorize the City Manager to execute the Sixth Amendment to the Design Professional Services Agreement for the Palomar Street/Wildomar Cemetery Improvement Projects (CIP 028-2 and CIP 067-1).

CITY COUNCIL MEETING
6 1.18 First Amendment to the Services Agreement with E. Lees + Associates for the Cemetery Master Plan Update
Presented By: Jason Farag , Wildomar Cemetery
RECOMMENDATION:

Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with E. Lees + Associates Consulting Ltd. for the Wildomar Cemetery Master Plan Update.

1.19 RATIFICATION of corrected version of tri-party agreement for the Mission Hills Project
Presented By: Robert Flores , Community Development Department RECOMMENDATION:

Ratify the corrected version of the previously approved tri-party agreement.

1.20 First Amendment with Infinity Technologies, Inc.

Presented By: Cory Gorham , City Manager's Office
RECOMMENDATION:

Authorize the City Manager to execute the First Amendment to the Services Agreement with Infinity Technologies, Inc. for Information Technology and GIS Support Services.

2. PUBLIC HEARINGS

2.1 Public Hearing for Delinquent Trash Charges for 2025 Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026 - _____

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

CALIFORNIA, CONFIRMING THE REPORT OF DELINQUENT TRASH

ACCOUNTS AND REQUESTING THE DELINQUENCIES BE PLACED ON THE

PROPERTY TAX ROLL

CITY COUNCIL MEETING
7 2.2 Public Hearing for Authorization of Commercial and Roll-off Rate Adjustment for Solid Waste Collection Services for SB1383 Procurement Compliance and Second Amendment to the City Waste Hauler Franchise Agreement with CR&R, Inc.

Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

1. Adopt a Resolution entitled:

RESOLUTION NO. 2026 - ___

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

CALIFORNIA, AUTHORIZING THE ADJUSTMENT OF COMMERCIAL AND

ROLL-OFF SOLID WASTE COLLECTION RATES TO COVER THE COSTS OF FULFILLING THE CITY’S STATE MANDATED PROCUREMENT

REQUIREMENTS FOR RECYCLED ORGANIC MATERIAL

2. Authorize the City Manager to execute the Second Amendment to the City Waste Hauler Franchise Agreement with CR&R, Inc., attached here as Attachment C.

3. GENERAL BUSINESS

CITY COUNCIL MEETING
8 3.1 Adoption of FY2026-27 Amended Budget, Job Descriptions, Classification Schedule, and Pay Plan
Presented By: Adam Jantz , Finance Department
RECOMMENDATION:

1.) City Council review and consider approval of the Fiscal Year 2026-27 Budget Amendments, and adopt a Resolution entitled:

RESOLUTION NO. 2026 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING THE FY2026-27 AMENDED BUDGET AND

ADOPTING A REVISED SCHEDULE OF AUTHORIZED POSITIONS FOR FY2026-27

2.) The Board of Trustees review and consider approval of the Fiscal Year 2026-27 Budget Amendments, and adopt a Resolution entitled:

RESOLUTION NO. WCD2026 - _____

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE WILDOMAR
CEMETERY DISTRICT, AUTHORIZING AN ADOPTION OF THE FY2026-27

AMENDED BUDGET REVENUES AND EXPENSES

3.) The Council review and approve the job descriptions, classifications, and pay plan, and adopt a Resolution entitled:

RESOLUTION NO. 2026 - _____

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

CALIFORNIA, APPROVING NEW JOB CLASSIFICATIONS AND JOB

DESCRIPTIONS, AMENDING THE POSITION CLASSIFICATION SCHEDULE,

ADOPTING A REVISED EMPLOYEE PAY PLAN, AND APPROVING A COST OF

LIVING ADJUSTMENT FOR UNREPRESENTED EMPLOYEES

3.2 5-Year Capital Improvement Program (FY 2026/27 - 2030/31) Location: Citywide
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt the Five-Year Capital Improvement Program for Fiscal Years 2026/27 through 2030/31.

CITY COUNCIL MEETING
9 3.3 Brown Act Updates (Senate Bill 707) and Adoption of a Technology Disruption Policy and Community Outreach Policy
Presented By: Janet Morales Garcia , City Clerk's Office RECOMMENDATION:

1. Receive a presentation on the Brown Act updates related to teleconferencing and accessibility provisions under Senate Bill 707 (SB707).

2. Adopt a Resolution entitled:

RESOLUTION NO. 2026 - ____

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

CALIFORNIA ADOPTING A TECHNOLOGY DISRUPTION POLICY PURSUANT TO GOVERNMENT CODE § 54953.4

3. Adopt a Resolution entitled:

RESOLUTION NO. 2026 - ____

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

CALIFORNIA ADOPTING A POLICY REGARDING REASONABLE EFFORTS TO

ENCOURAGE PUBLIC PARTICIPATION IN MEETINGS PURSUANT TO
GOVERNMENT CODE § 54953.4

3.4 20-Acre Park Amendments to Purchase and Sale Agreement, Grant of Access Easements, and Water License Agreement
Location: Between Gierson Avenue and Palomar Street
Presented By: Carlos Geronimo , Public Works/ Engineering Department RECOMMENDATION:

1. Approve and authorize the City Manager to execute the Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions with CAFH Order at Wildomar, Inc.

2. Approve and authorize the City Manager to execute the Amendment to Grant of Access Easements with CAFH Order at Wildomar, Inc. and related Certificate of Acceptance.

3. Approve and authorize the City Manager to execute the Third Amendment to Water License Agreement with CAFH Order at Wildomar, Inc. and related Certificate of Acceptance.

CITY COUNCIL MEETING
10 3.5 Award of Contract for Permitting and Licensing Software to OpenGov via Sourcewell Cooperative Contract No. 010121-OPG (Development Services) Presented By: Robert Flores , Community Development Department RECOMMENDATION:

1. Authorize the City Manager or designee to execute an End User License Agreement (EULA) with Open Gov, Inc. for Permitting and Licensing Software via Sourcewell Cooperative Contract No. 010121-OPG;

2. Authorize the City Manager or designee and the City Attorney's Office to make minor changes to the EULA, in coordination with OpenGov, Inc., to ensure the agreement is satisfactory before executing, and bring back to the City Council any significant changes; and

3. Authorize the City Manager or designee to execute any and all related documents and agreements necessary to implement the EULA.

3.6 Approval of an Agreement for Planning and Development Review Services Between the City of Wildomar and the City of Canyon Lake Presented By: Robert Flores , Community Development Department RECOMMENDATION:

1. Approve the Agreement for Planning and Development Review Services between the City of Wildomar and the City of Canyon Lake; and

2. Authorize the City Manager to execute the Agreement.

3.7 Veterans and First Responders Memorial Ad-Hoc Committee Presented By: Janet Morales Garcia , City Clerk's Office RECOMMENDATION:

Appoint two members of the City Council to serve on the Veterans and First Responders Memorial ad-hoc committee for the purpose of evaluating options for the design, location, funding and implementation of a Veterans and First Responders Memorial for City Council consideration.

3.8 Professional Service Agreement with Albert A. Webb & Associates (WEBB) for planning and environmental services for creation of a City-Initiated Specific Plan for the Old Town Area
Presented By: Robert Flores , Community Development Department RECOMMENDATION:

1. Authorize the City Manager or designee to execute a Professional Services Agreement with Albert A. Webb & Associates (WEBB) in the amount not to exceed $459,225 for planning and environmental services for the preparation of the cityinitiated Old Town Specific Plan; and

2. Approve a supplemental appropriation for Fund 110 (Cannabis DA) in the amount of $459,225 within the FY2026/2027 budget.

CITY COUNCIL MEETING
11 COUNCIL COMMUNICATIONS
This is the opportunity for the City Council to report on city and regional committees and community events.

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

ADJOURN THE MEETING

PARTICIPATION
NOTICE:

City Council/ Cemetery District Board meetings may be live-streamed, photographed and/or videotaped.

Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.

MEETINGS
Regular City Council/Cemetery District Board Meetings are generally held on the 2nd Wednesday of every month at 6:00 P.M. The City Council adopts the meeting schedule annually.

LOCATION
City Council Chambers, 23873 Clinton Keith Road, Ste. 106, Wildomar, CA 92595.

VIEW THE MEETING

1. In Person | City Council Chambers 23873 Clinton Keith Road Ste. 106 Wildomar, CA 92595

2. Watch Live
wildomar.gov/129/Agendas-Videos-Watch-Live or stream on YouTube.com/@CityofWildomar

3. Cable TV | Frontier Channel 36 or AT&T Channel 99

PARTICIPATE IN THE MEETING

1. Fill out the speaker card located on the table near the entrance of the chambers.

2. Submit the speaker card to the City Clerk in the basket located at the front of the chambers.

3. When the City Clerk calls your name, please come up to the front podium.

During Public Comment not on the agenda and after each Agenda Item, the Mayor will announce Public Comment. Public Comments are limited to (3) minutes or such other time as the City Council may provide. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.

CITY COUNCIL MEETING
12 ACCOMMODATIONS
In compliance with the Americans with Disabilities Act, if requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751 x210, no later than 10:00 a.m. on the day preceding the scheduled meeting.

REPORTS
All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road, and on the City’s website at the following address: Wildomar.gov. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.

AFFIDAVIT OF POSTING
I, Janet Morales Garcia, Wildomar City Clerk do certify that at least 72 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at Wildomar.gov.

Janet Morales Garcia, CMC
City Clerk
Dated: June 5, 2026

CITY COUNCIL MEETING
13 CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: June 10, 2026
SUBJECT: City Council/ Cemetery District Board Minutes - May 13, 2026 - Regular Meeting
SUBMITTED BY: Janet Morales Garcia, City Clerk
ACTION:

Approve the minutes as presented.

ATTACHMENTS:

1. Minutes
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24
25 CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: June 10, 2026
SUBJECT: May 2026 City Warrant Register
SUBMITTED BY: Nicholas Neidiffer, Accountant II
PREPARED BY: Nicholas Neidiffer, Accountant II
ACTION:

Approve the following:

For Fiscal Year 2025/2026:

1. Warrant Register dated 5-4-2026 in the amount of $3,450.00.

2. Warrant Register dated 5-7-2026 in the amount of $901,245.85.

3. Warrant Register dated 5-14-2026 in the amount of $347,986.24.

4. Warrant Register dated 5-21-2026 in the amount of $215,561.19.

5. Warrant Register dated 5-28-2026 in the amount of $704,694.94.

6. Wire Transfer Register dated 5-31-2026 in the amount of $569,132.50.

7. Payroll Register dated 5-31-2026 in the amount of $568,629.01.

SUMMARY:

May 2026 City Warrant Register
DISCUSSION:

The City of Wildomar requires that the City Council audit payments of demands and direct the City Manager to issue checks. The Warrant and Payroll Registers are submitted for approval.

FISCAL IMPACT:

These Warrant, Wire Transfer and Payroll Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2025/26 Budget.

ATTACHMENTS:

May 2026 City Warrant Register.pdf
26 Transaction Name Paying Transaction Bill Date Payment Date Amount (Credit) Vendor Memo Bill #WI 260430 Bill Payment #221774 4/30/2026 5/4/2026 3,450.00 Kiley & Associates, LLC Professional Services - April 2026 Bill #4266285810 Bill Payment #221783 4/16/2026 5/7/2026 222.59 CINTAS CORPORATION Staff Uniform & Towel Maintenance Bill #1T6X-C3DL-PP1F Bill Payment #221793 4/2/2026 5/7/2026 633.72 AMAZON CAPITAL SERVICES Departmental Supplies - Coffee Pods, Safety Vests Bill #42426 Bill Payment #221810 4/24/2026 5/7/2026 1,680.00 SHUTTLEWORTH, SHANA CIP 026-2 Bundy Canyon Rd. Right -of Way Acquisition Payment for TCEs
Bill #98851 Bill Payment #221791 4/3/2026 5/7/2026 1,903.13 ALLIED TRAFFIC & EQUIPMENT, RENTALS INC PW Road Maintenance - Street Signs Bill #98942 Bill Payment #221791 4/17/2026 5/7/2026 837.38 ALLIED TRAFFIC & EQUIPMENT, RENTALS INC PW Road Maintenance - Street Signs Bill #98953 Bill Payment #221791 4/20/2026 5/7/2026 345.83 ALLIED TRAFFIC & EQUIPMENT, RENTALS INC PW Road Maintenance - Signs and Barricades Bill #182756578-0001 Bill Payment #221788 4/22/2026 5/7/2026 679.46 SUNBELT RENTALS, INC. PW Road Maintenance - Drum Roller Rental Bill #9366010959 Bill Payment #221782 4/1/2026 5/7/2026 150.08 CINTAS CORPORATION Maintenance Dept. Eye Wash Station - March 2026 Bill #5491 Bill Payment #221809 4/29/2026 5/7/2026 1,525.00 ELM TREE CARE PW Road Maintenance - Tree Trimming & Removal Bill #1QVJ-HYF1-Y3WW Bill Payment #221793 4/30/2026 5/7/2026 91.72 AMAZON CAPITAL SERVICES Office Supplies - Power Bank & Pens Bill #184459 Bill Payment #221801 4/3/2026 5/7/2026 9,527.53 MYERS & SONS HI-WAY SAFETY, INC. Public Works - Traffic and Street Name Sign Annual Program Bill #6141717844 Bill Payment #221775 4/22/2026 5/7/2026 1,466.64 VERIZON WIRELESS Verizon 03/23/26-04/22/26 Bill #6141717845 Bill Payment #221775 4/24/2026 5/7/2026 40.01 VERIZON WIRELESS 03/23/26-04/22-26 Data Internet Chrg 6192 Windsong Bill #50726 Bill Payment #221792 5/7/2026 5/7/2026 100.00 FRANCHISE TAX BOARD Withholding Order Bill #50726 Bill Payment #221800 5/7/2026 5/7/2026 780.92 CALIFORNIA STATE DISBURSEMENT UNIT Withholding Order Remittance ID#200000001917433 Bill #50726 Bill Payment #221805 5/7/2026 5/7/2026 198.62 VEHICLE RESGISTRATION COLLECTIONS Withholding Order Acct#4VHE61820241 Bill #01-7289121 Bill Payment #221781 4/29/2026 5/7/2026 968.86 APPLEONE HR Tech Temporary Assistance Bill #168970500,168981598-0001
Reissue Bill Payment #221788 5/7/2026 5/7/2026 431.53 SUNBELT RENTALS, INC. Reissue of Check #220042 Bill #8014097166 Bill Payment #221795 4/25/2026 5/7/2026 206.29 STERICYCLE, INC Contractual Shredding Svc Bill #3107869672 Bill Payment #221803 4/27/2026 5/7/2026 201.85 PITNEY Postage Meter Rental 3/16/26-6/15/26 Bill #042926-9129 Bill Payment #221779 4/29/2026 5/7/2026 630.65 EDISON 03/30/26-04/28/26 Elec - FS61 & Malaga Bill #042926-6091 Bill Payment #221779 4/29/2026 5/7/2026 27.49 EDISON 03/30/26-04/28/26 Elec 21347 Como St (Little League) Bill #14229793 Bill Payment #221777 4/29/2026 5/7/2026 247.35

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 03/18/26-04/18/26 Water Zone 3 Loc 35 M1
Bill #14229998 Bill Payment #221777 4/29/2026 5/7/2026 424.83

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 03/18/26-04/18/26 Water City Hall
Bill #14232809 Bill Payment #221777 4/29/2026 5/7/2026 291.41

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 03/18/26-04/18/26 Water Zone 5 CFD 2013-1
Bill #14223068 Bill Payment #221777 4/27/2026 5/7/2026 265.10

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 03/14/26-04/14/26 Water Zone 42 Loc 03 M3
Bill #14222820 Bill Payment #221777 4/27/2026 5/7/2026 461.96

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 03/14/26-04/14/26 Water Zone 42 Loc 01 M1
Bill #14223070 Bill Payment #221777 4/27/2026 5/7/2026 226.50

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 03/14/26-04/14/26 Water Zone 42 Loc 02 M2
Bill #06D8710025004 Bill Payment #221812 4/29/2026 5/7/2026 748.33 PRIMO BRANDS City Hall Drinking Water Services 03/27/26-04/26/26 Bill #50426 Bill Payment #221776 3/31/2026 5/7/2026 135,997.68 WESTERN RIVERSIDE COUNTY, RCA March 2026 MSHCP Fees Bill #SH0000050292 Bill Payment #221786 5/6/2026 5/7/2026 559,972.60 RIVERSIDE COUNTY, SHERIFF'S Contract Law Enforcement Through 02/05/26-03/04/26 Bill #5426 Bill Payment #221787 3/31/2026 5/7/2026 12,320.00 RCHCA March 2026 SKR Fees Bill #191241 Bill Payment #221780 3/31/2026 5/7/2026 795.58 DATA TICKET, INC. February 2026 Daily Cite Processing Bill #38371-Mar Bill Payment #221806 3/31/2026 5/7/2026 5,270.00 GOD'S FAN CLUB DBA: PROJECT TOUCH Shelter Services - March 2026 Bill #AR052346 Bill Payment #221785 4/8/2026 5/7/2026 12,267.29 CITY OF MURRIETA February 2026 Homeless Outreach Services Bill #1NHV-JXVH-VV43 Bill Payment #221793 5/4/2026 5/7/2026 38.03 AMAZON CAPITAL SERVICES Office Supplies Bill #5526 Bill Payment #221807 5/5/2026 5/7/2026 111.29 JEMANE HEIDI CENTER Mileage Reimbursement - 01/01/26-04/30/26 Bill
#309730/3,309729/3,309756/3,3097
57/3,309762/3 Bill Payment #221778 4/15/2026 5/7/2026 210.25 ACE HARDWARE PW Road Maintenance Supplies Bill #563 Bill Payment #221794 5/4/2026 5/7/2026 605.67 EPIC LAND SOLUTIONS, INC. SHOAIB City Hall Building Project - Relocation Services 01/01/26- 03/31/26
Bill #4267801418 Bill Payment #221783 4/30/2026 5/7/2026 222.59 CINTAS CORPORATION Staff Uniform & Towel Maintenance Bill #32740 Bill Payment #221798 4/15/2026 5/7/2026 691.29 NPPW SERVICES Irrigation Repair 27 Transaction Name Paying Transaction Bill Date Payment Date Amount (Credit) Vendor Memo Bill #2020114223 Bill Payment #221796 4/30/2026 5/7/2026 9,194.40 ABSOLUTE INTERNATIONAL, SECURITY INC 04/01/26-04/30/26 Security Patrol Bill #456039 Bill Payment #221808 4/28/2026 5/7/2026 803.50 RIGHTWAY SITE SERVICES, INC. 04/23/26-05/20/26 - Porta/Washstn - Windsong 2 Schedules Services
Bill #456066 Bill Payment #221808 4/28/2026 5/7/2026 93.05 RIGHTWAY SITE SERVICES, INC. Washstation Repair - Windsong Bill #1073 Bill Payment #221811 5/1/2026 5/7/2026 2,800.00 LANDWURX Weed Abatement Services - 27 Acre Park Bill #2020114252 Bill Payment #221796 4/30/2026 5/7/2026 347.30 ABSOLUTE INTERNATIONAL, SECURITY INC 04/01/26-04/30/26 Special Event Security Patrol Bill #2472 Bill Payment #221789 5/1/2026 5/7/2026 7,500.00 DYLAN DIXON TREE SERVICES Skirt Up All Pepper Trees Lining Property Line on 20 Acre Park Bill #309743/3 Bill Payment #221778 4/21/2026 5/7/2026 13.42 ACE HARDWARE Lock for toilet paper Bill #309758/3 Bill Payment #221778 4/29/2026 5/7/2026 7.40 ACE HARDWARE Brushes for paint samples Bill #309747/3 Bill Payment #221778 4/22/2026 5/7/2026 10.32 ACE HARDWARE Duct Tape for no parking signs Bill #309745/3 Bill Payment #221778 4/21/2026 5/7/2026 16.81 ACE HARDWARE Toilet/sink freshners -nuts, bolts Bill #1805 Bill Payment #221799 4/30/2026 5/7/2026 344.48 The Cleaning Squad Janitorial Services for Marna O'Brien Park - April 2026 Bill #1814 Bill Payment #221799 4/30/2026 5/7/2026 6,618.96 The Cleaning Squad Janitorial Services for City Hall - April 2026 Bill #1812 Bill Payment #221799 4/30/2026 5/7/2026 1,801.26 The Cleaning Squad Janitorial Services for Marna O'Brien Park - April 2026 Bill #1817 Bill Payment #221799 4/30/2026 5/7/2026 182.17 The Cleaning Squad Janitorial Services for Heritage Park - April 2026 Bill #1815 Bill Payment #221799 4/30/2026 5/7/2026 255.14 The Cleaning Squad Janitorial Services for Windsong Park - April 2026 Bill #1816 Bill Payment #221799 4/30/2026 5/7/2026 109.20 The Cleaning Squad Janitorial Services for Malaga Park - April 2026 Bill #2210 Bill Payment #221797 5/1/2026 5/7/2026 450.00 HONOR PLUMBING CO Service - Maintenance/Repair Bill #5137700 Bill Payment #221784 5/6/2026 5/7/2026 3,420.70 MANPOWER Temp Staff Augmentation W/E 5/3/26 Bill #9010873126 Bill Payment #221802 5/2/2026 5/7/2026 311.82 Konica Minolta Business Solutions USA INC Konica Minolta Copier Services / Maint / Lease Mar 26 - Mar 27 Bill #050126-1202 Bill Payment #221779 5/1/2026 5/7/2026 26.29 EDISON 04/01/26-04/30/26 Hidden Springs/Clinton Keith Bill #050126-4293 Bill Payment #221779 5/1/2026 5/7/2026 6,609.22 EDISON 04/01/26-04/30/26 CSA 103 Sales Acquisition Bill #050126-4610 Bill Payment #221779 5/1/2026 5/7/2026 142.41 EDISON 04/01/26-04/30/26 Electric CFD 2013-001 Zone 3 Bill #050126-7481 Bill Payment #221779 5/1/2026 5/7/2026 537.93 EDISON 03/16/26-04/30/26 CSAs Bill #050126-0962 Bill Payment #221779 5/1/2026 5/7/2026 272.16 EDISON 04/01/26-04/30/26 Electric CFD 2013-001 Zone 2 Bill #050126-7694 Bill Payment #221779 5/1/2026 5/7/2026 242.16 EDISON 04/01/26-04/30/26 CFD Zone 3 Bill #050126-8975 Bill Payment #221779 5/1/2026 5/7/2026 142.39 EDISON 04/01/26-04/30/26 CFD Zone 3 Bill #050126-7504 Bill Payment #221779 5/1/2026 5/7/2026 37.09 EDISON 04/01/26-04/30/26 CFD 2013-1 Orange/Corazza Bill #050126-4487 Bill Payment #221779 5/1/2026 5/7/2026 48.29 EDISON 04/01/26-04/30/26 20505 Palomar St (Marna) Bill #050126-1757 Bill Payment #221779 5/1/2026 5/7/2026 226.98 EDISON 04/01/26-04/30/26 Electric CFD 2013-001 Zone 3 Bill #050126-9127 Bill Payment #221779 5/1/2026 5/7/2026 269.21 EDISON 04/01/26-04/30/26 Electric CFD 2013-001 Zone 5 Bill #050126-4845 Bill Payment #221779 5/1/2026 5/7/2026 71.20 EDISON 04/01/26-04/30/26 4 CFD Zone 2 Bill #SH0000050354 Bill Payment #221786 4/29/2026 5/7/2026 94,173.55 RIVERSIDE COUNTY, SHERIFF'S Contract Law Enforcement Through 07/01/25-06/30/26 Bill #345 Bill Payment #221804 5/1/2026 5/7/2026 585.77 INNOVATIVE GROWTH LANDSCAPE LLMD 89-1C -Zone 3 Pasadena/Palomar: Irrigation Repairs Bill #346 Bill Payment #221804 5/1/2026 5/7/2026 1,042.95 INNOVATIVE GROWTH LANDSCAPE LLMD 89-1C Zn 3 Loc 29 Palomar/Frederick St - Irrigation Repairs
Bill #347 Bill Payment #221804 5/1/2026 5/7/2026 789.36 INNOVATIVE GROWTH LANDSCAPE LLMD 89-1C Zone 3 Location 24 Lemon St Bill #348 Bill Payment #221804 5/1/2026 5/7/2026 3,617.42 INNOVATIVE GROWTH LANDSCAPE Windsong Park - Irrigation Repairs Bill #349 Bill Payment #221804 5/1/2026 5/7/2026 1,144.31 INNOVATIVE GROWTH LANDSCAPE Marna O'Brien Park: Mainline Break Bill #366 Bill Payment #221804 5/31/2026 5/7/2026 1,748.71 INNOVATIVE GROWTH LANDSCAPE Marna O'Brien - Mainline Break Bill #344 Bill Payment #221804 5/1/2026 5/7/2026 1,074.34 INNOVATIVE GROWTH LANDSCAPE LLMD 89-1C Zone 51 Palomar/Pasadena: Irrigation Repair Bill #10871935707 Bill Payment #221790 4/22/2026 5/7/2026 347.13 DELL MARKETING L.P. Monitors for Ryan Miller - Economic Development Bill #2026-163 - 2026-196 Bill Payment #221823 2/28/2026 5/14/2026 48,237.50 TKE ENGINEERING INC Development Engineering Services - February 2026 Bill #126030473 Bill Payment #221825 3/31/2026 5/14/2026 5,912.50 GEOCON WEST, INC. CIP 028-2 Palomar Widening Ph II Bill #2026-38 Bill Payment #221823 1/31/2026 5/14/2026 5,418.00 TKE ENGINEERING INC Traffic Engineering - January 2026 Bill #2026-39 Bill Payment #221823 1/31/2026 5/14/2026 12,568.00 TKE ENGINEERING INC Fixed Fee Rev/Inspections NPDES Inspections, January 2026 Bill #42826 Bill Payment #221852 4/28/2026 5/14/2026 27.48 ROBERT FLORES PC Chair Meeting Reimbursement Bill #191715 Bill Payment #221816 2/28/2026 5/14/2026 649.00 DATA TICKET, INC. February 2026 Online Access Bill #5526 Bill Payment #221857 5/5/2026 5/14/2026 1,608.89 LACHGAR, ABDURAHMAN 2026 AEP Conference Mileage, Meals Per Diem, Hotel Bill #35328 Bill Payment #221841 4/30/2026 5/14/2026 6,930.00 ARCHITERRA DESIGN GROUP CIP 099, 20- Acre Park Design Services - April 2026 Bill #2603.4-001 Bill Payment #221837 3/31/2026 5/14/2026 4,187.20 KOSMONT COMPANIES The Bluffs DA Negotiation 28 Transaction Name Paying Transaction Bill Date Payment Date Amount (Credit) Vendor Memo Bill #2603.5-001 Bill Payment #221837 3/31/2026 5/14/2026 6,487.93 KOSMONT COMPANIES 2603.5 - Hotel Study Update Bill #9231 Bill Payment #221826 4/22/2026 5/14/2026 8,666.41 E LEES & ASSOCIATES CONSULTING, LTD Cemetery Master Plan 24-024 Bill #90707787 Bill Payment #221843 4/22/2026 5/14/2026 110.00

OCCUPATIONAL HEALTH CENTERS OF,
CALIFORNIA,A MEDICAL CORP Drug Screen
Bill #2026 - 5 Bill Payment #221855 5/6/2026 5/14/2026 88.88 Coalition for Controlling Ins. Costs in California
Schools Health and Welfare Trust EAP Monthly May 2026
Bill #102357327 Bill Payment #221832 5/2/2026 5/14/2026 15,165.00 ORACLE AMERICA, INC. Oracle Services 02/03/26-05/02/26 Bill #102357326 Bill Payment #221832 5/3/2026 5/14/2026 1,462.50 ORACLE AMERICA, INC. Oracle Services 02/03/26-05/02/26 Bill #350 Bill Payment #221850 5/1/2026 5/14/2026 3,392.17 INNOVATIVE GROWTH LANDSCAPE CFD 2013-1 Zone 5 Priellip Rd & Elizabeth Ln. - Irrigation System
Bill #351 Bill Payment #221850 5/1/2026 5/14/2026 1,613.70 INNOVATIVE GROWTH LANDSCAPE CFD 2013-1 Zone 10 - Palomar St - Performing a irrigation system check
Bill #59696 Bill Payment #221830 3/31/2026 5/14/2026 43,557.68 MARK THOMAS & COMPANY INC.

CIP 090 Bundy Canyon Rd West - Widening & ATP
Improvements
Bill #16071 Bill Payment #221839 3/27/2026 5/14/2026 89.18 AMERICAN EAGLE TROPHIES HR Employee Recognition Glass Award Bill #2604B370 Bill Payment #221813 3/31/2026 5/14/2026 3,432.50 PARSONS TRANSPORTATION GRP INC CIP 026-2 Bundy Canyon, Seg II Design Services March 2026 Bill #2238 Bill Payment #221844 4/30/2026 5/14/2026 5,585.29 SPICER CONSULTING GROUP Maint. District Administration - April 2026 Bill #9370434034 Bill Payment #221820 4/30/2026 5/14/2026 159.86 CINTAS CORPORATION Maint. Dept. Eyewash Station - April 2026 Bill #2025-1713 Bill Payment #221823 3/17/2026 5/14/2026 1,438.50 TKE ENGINEERING INC CIP 057-3, Road Rehab - November 2025 Bill #2025-1867 Bill Payment #221823 3/17/2026 5/14/2026 2,552.00 TKE ENGINEERING INC CIP 057-3 , Road Rehab December 2025 Bill #2020114061 Bill Payment #221846 3/31/2026 5/14/2026 9,500.88 ABSOLUTE INTERNATIONAL, SECURITY INC 03/01/26-03/31/26 Security Patrol Bill #42126 Bill Payment #221845 4/21/2026 5/14/2026 75.40 LUNA, CAMERON Mileage Reimbursement: 4/04/26-4/18/26 Bill #231641132 Bill Payment #221831 3/31/2026 5/14/2026 1,480.75 ST. FRANCIS ELECTRIC Routine Traffic Signal Maint - March 2026 Bill #231641133 Bill Payment #221831 3/31/2026 5/14/2026 9,573.63 ST. FRANCIS ELECTRIC Traffic Operations - TS Maintenance Responses - March, 2026 Bill #231641135 Bill Payment #221831 3/31/2026 5/14/2026 365.00 ST. FRANCIS ELECTRIC Traffic Operations - TS Maintenance Responses Special Projects -Signal Reflective Backplates
Bill #001290 Bill Payment #221833 4/30/2026 5/14/2026 1,025.00 GOPHER SQUAD April 2026 pest control services Bill #1C4R-FG4Y-3T3Q Bill Payment #221828 5/9/2026 5/14/2026 103.46 AMAZON CAPITAL SERVICES Cem/Public Works Departmental Items Bill #5431 Bill Payment #221835 4/30/2026 5/14/2026 3,200.00 INFINITY TECHNOLOGIES April 2026 GIS Contractual Services Bill #5463A Bill Payment #221835 4/30/2026 5/14/2026 11,300.00 INFINITY TECHNOLOGIES April 2026 Monthly IT Services Bill #5463B Bill Payment #221835 4/30/2026 5/14/2026 299.25 INFINITY TECHNOLOGIES April 2026 Datto Office 365 Back up Services Bill #5463C Bill Payment #221835 4/30/2026 5/14/2026 1,020.00 INFINITY TECHNOLOGIES April 2026 ProofPoint Essentials Advance Bill #2130 Bill Payment #221840 5/7/2026 5/14/2026 1,000.00 IMPACT SOUTHWEST RIVERSIDE, COUNTY Riverside County ICSC Mixer 2026 Agency Partner Bill #2914 Bill Payment #221851 5/6/2026 5/14/2026 1,600.00 MATTOX DESIGNS DBA SERIOUSLY Social Media Videos Bill #01-7291139 Bill Payment #221817 5/6/2026 5/14/2026 949.95 APPLEONE HR Tech Temporary Assistance Bill #2026-323 Bill Payment #221823 3/31/2026 5/14/2026 43,748.50 TKE ENGINEERING INC Various Developer Project March 2026 Bill #M18970 Bill Payment #221836 5/7/2026 5/14/2026 97.46 MISSIONSQUARE Q1 2026 Administrative Fees Bill #WILD-01.12 - 18 Bill Payment #221824 3/31/2026 5/14/2026 26,368.63 PLACEWORKS March 2026 the Bluffs at Hidden Springs Specific Plan and EIR Bill #46066 Bill Payment #221827 4/27/2026 5/14/2026 815.45 LOGO JOE'S City Council Apparel Bill #INV00603251 Bill Payment #221853 5/8/2026 5/14/2026 166.38 BOOT BARN HOLDINGS Building Inspector Boots - Drew Jenkins Bill #2025-1859 Bill Payment #221823 12/31/2025 5/14/2026 12,278.50 TKE ENGINEERING INC PW Fixed Fee Reviews/Inspections ROW, NPDES Inspections Dec, 2025
Bill #FTB-00008913 Bill Payment #221819 5/6/2026 5/14/2026 34.55 CALIFORNIA STATE CONTROLLER'S 2025 Offset Program (FTB/ADMIN/SARD Bill #050626-0828 Bill Payment #221814 5/6/2026 5/14/2026 185.04 EDISON 04/01/26-04/30/26 Electric Wildomar City Lamps Bill #38026-Feb Reissued Bill Payment #221854 5/12/2026 5/14/2026 14,480.00 GOD'S FAN CLUB DBA: PROJECT TOUCH City Shelter Services - February 2026 Bill #7888 Bill Payment #221834 4/1/2026 5/14/2026 5,200.00 CALIFORNIA CONSULTING, INC. Grant Management Services, April 2026 Bill #7801 Bill Payment #221834 3/1/2026 5/14/2026 5,200.00 CALIFORNIA CONSULTING, INC. Grant Management Services, March 2026 Bill #51326 Bill Payment #221856 5/13/2026 5/14/2026 2,000.00 DINH, DIEN DA Reissuing Outstanding Check 217656 Issued 1/11/2024 Bill #51326 Bill Payment #221849 5/13/2026 5/14/2026 5,100.00 JOHN WOLFE Reissuing Outstanding Check 217544 Issued 12/14/2023 Bill #PE0000003447 Bill Payment #221842 4/9/2026 5/14/2026 852.32

COUNTY OF RIVERSIDE PUBLIC, SAFETY
ENTERPRISE COMMUNI Monthly Public Safety Radio Access March 2026 29 Transaction Name Paying Transaction Bill Date Payment Date Amount (Credit) Vendor Memo Bill #DNCE0A07-0003 Bill Payment #221829 4/20/2026 5/14/2026 800.00 FORENSIC NURSES OF SOCAL, INC. Dry Run Exam, Case # WI261050052, 4/16/26 Bill #DNCE0A07-0004 Bill Payment #221829 5/1/2026 5/14/2026 1,200.00 FORENSIC NURSES OF SOCAL, INC. Dry Run Exam, Case # WI261170025 - 4/28/26 Bill #5137817 Bill Payment #221821 5/13/2026 5/14/2026 3,426.91 MANPOWER Temp Staff Augmentation W/E 5/10/26 Bill #80280 Bill Payment #221815 4/26/2026 5/14/2026 150.00 AMERICAN FORENSIC NURSES Blood Draw (2) Bill #80261 Bill Payment #221815 4/25/2026 5/14/2026 417.00 AMERICAN FORENSIC NURSES Blood Draw (5) , Dry Run (1) Bill #041847 Bill Payment #221818 4/16/2026 5/14/2026 210.00 DEPARTMENT OF JUSTICE March 2026 Blood Alcohol Analysis (6) Bill #48910 Bill Payment #221822 4/23/2026 5/14/2026 180.00 BIO-TOX LABORATORIES RC Sheriff- Lab Services Bill #48909 Bill Payment #221822 4/23/2026 5/14/2026 495.00 BIO-TOX LABORATORIES RC Sheriff- Lab Services Bill #INV000305 Bill Payment #221838 5/12/2026 5/14/2026 409.80 AVENU MUNISERVICES STARS CA - Q4, 2025 Data & Analytics Bill #15779 Bill Payment #221847 3/11/2026 5/14/2026 700.00 INTELLI-TECH Adobe Acrobat Pro For ENT License - 9/24/26 Bill #48987496 Bill Payment #221848 4/10/2026 5/14/2026 1,386.58 Konica Minolta Business Solutions USA INC Konica Minolta Copier Services / Maint / Lease Mar 26 - Mar 27 Bill #49128534 Bill Payment #221848 5/11/2026 5/14/2026 1,250.63 Konica Minolta Business Solutions USA INC Konica Minolta Copier Services / Maint / Lease Mar 26 - Mar 27 Bill #01-7284767 Bill Payment #221879 4/22/2026 5/21/2026 1,986.40 APPLEONE Temp Staffing - Administrative Assistant I Bill #01-7289122 Bill Payment #221859 4/29/2026 5/21/2026 1,986.40 APPLEONE Temp Staffing - Administrative Assistant I Bill #30852433 Bill Payment #221880 3/31/2026 5/21/2026 330.25 CORELOGIC SOLUTIONS, LLC Code Enforcement Software - March 2026 Bill #RS7118012 Bill Payment #221864 9/30/2025 5/21/2026 259.45 CORODATA RECORDS, INC. Storage for 9/01/25-9/30/25 and Retrieval of Records for Audit Bill #01-7291140 Bill Payment #221859 5/6/2026 5/21/2026 1,986.40 APPLEONE Temp Staffing - Administrative Assistant I Bill #RS7172225 Bill Payment #221864 4/30/2026 5/21/2026 62.95 CORODATA RECORDS, INC. Standard Record Storage Carton 4/01/26-4/30/26 Bill #11786053 Bill Payment #221865 4/2/2026 5/21/2026 424.66 SOUTHERN CALIFORNIA NEWS, GROUP Public Notice - DCA 2026-02 Bill #11786358 Bill Payment #221865 4/2/2026 5/21/2026 451.20 SOUTHERN CALIFORNIA NEWS, GROUP Public Notice - MCA 2026-03 Bill #11786837 Bill Payment #221865 4/3/2026 5/21/2026 240.65 SOUTHERN CALIFORNIA NEWS, GROUP Public Notice - 262 Proposed - E-Bikes Bill #11788058 Bill Payment #221865 4/15/2026 5/21/2026 261.88 SOUTHERN CALIFORNIA NEWS, GROUP Public Notice - Ordinance 262 E-Bikes Adopted Bill #01-7296231 Bill Payment #221859 5/13/2026 5/21/2026 1,986.40 APPLEONE Temp Staffing - Administrative Assistant I Bill #1XDG-GFHX-4X43 Bill Payment #221867 5/14/2026 5/21/2026 13.04 AMAZON CAPITAL SERVICES Cable for R. Miller - MacBook Bill #52126 Bill Payment #221863 5/21/2026 5/21/2026 150.00 FILAR, ERIC Planning Commission Meeting 4/22/26 and 5/06/26 Bill #52126 Bill Payment #221890 5/21/2026 5/21/2026 150.00 JOHN HUME Planning Commission Meeting 4/22/26 and 5/06/26 Bill #52126 Bill Payment #221866 5/21/2026 5/21/2026 150.00 CHARLES GOLDEN Planning Commission Meeting 4/22/26 and 5/06/26 Bill #52126 Bill Payment #221887 5/21/2026 5/21/2026 150.00 NOLAN KING Planning Commission Meeting 4/22/26 and 5/06/26 Bill #52126 Bill Payment #221868 5/21/2026 5/21/2026 150.00 RENE CAMBERO Planning Commission Meeting 4/22/26 and 5/06/26 Bill #51226 Bill Payment #221872 5/12/2026 5/21/2026 71.66 SOCALGAS 04/09/26-05/08/26 Gas -Fire Dept 32637 Gruwell Bill #20956 Bill Payment #221869 12/31/2025 5/21/2026 2,920.00

ENVIRONMENTAL PLANNING DEVELOPMENT
SOLUTIONS, INC. Professional Services Through December 28, 2025 Bill #21654 Bill Payment #221869 4/26/2026 5/21/2026 2,458.75

ENVIRONMENTAL PLANNING DEVELOPMENT
SOLUTIONS, INC. Professional Services Through April 26, 2026 Bill #21289 Bill Payment #221869 2/22/2026 5/21/2026 21,746.25

ENVIRONMENTAL PLANNING DEVELOPMENT
SOLUTIONS, INC. Professional Services Through February 22, 2026 Bill #21448 Bill Payment #221869 3/29/2026 5/21/2026 8,232.50

ENVIRONMENTAL PLANNING DEVELOPMENT
SOLUTIONS, INC. Professional Services Through March 29, 2026 Bill #21106 Bill Payment #221869 1/25/2026 5/21/2026 6,747.50

ENVIRONMENTAL PLANNING DEVELOPMENT
SOLUTIONS, INC. Professional Services Through January 25, 2026 Bill #188866201050726 Bill Payment #221873 5/7/2026 5/21/2026 6.33 CHARTER COMMUNICATIONS Cable through 06/07/26 - FS61 Bill #INV26-00857 Bill Payment #221874 5/14/2026 5/21/2026 310.74 IMPACT MARKETING & DESIGN, INC City Promotional Marketing Items Bill #inv26-00859 Bill Payment #221874 5/14/2026 5/21/2026 365.57 IMPACT MARKETING & DESIGN, INC City Promotional Marketing Items Bill #INV26-00901 Bill Payment #221874 5/18/2026 5/21/2026 104.29 IMPACT MARKETING & DESIGN, INC City Promotional Marketing Items Bill #80776 Bill Payment #221875 4/30/2026 5/21/2026 2,200.00 ROGERS, ANDERSON, MALODY &, SCOTT LLP FY2024-25 SCO report Preparation Bill #621393 Bill Payment #221860 4/29/2026 5/21/2026 985.00 AT&T Location Daily Fee for Case WI-260940002 Bill #DNCE0A07-0005 Bill Payment #221876 5/8/2026 5/21/2026 1,200.00 FORENSIC NURSES OF SOCAL, INC. Dry Run Exam, Case # WI261270003, 5/7/2026 Bill #PE0000003533 Bill Payment #221877 5/6/2026 5/21/2026 974.08

COUNTY OF RIVERSIDE PUBLIC, SAFETY
ENTERPRISE COMMUNI Monthly Public Safety Radio Access April 2026 Bill #082317220X260513 Bill Payment #221881 5/13/2026 5/21/2026 179.99 DIRECT TV 05/12/26-06/11/26 Cable Services - City Hall 30 Transaction Name Paying Transaction Bill Date Payment Date Amount (Credit) Vendor Memo Bill #051426-3487 Bill Payment #221862 5/14/2026 5/21/2026 310.32 EDISON 04/15/26-05/13/26 23873 Clinton Keith Rd Suite 103 Bill #051426-5636 Bill Payment #221862 5/14/2026 5/21/2026 239.50 EDISON 04/15/26-05/13/26 23873 Clinton Keith Rd Suite 101 Bill #051426-3123 Bill Payment #221862 5/14/2026 5/21/2026 179.41 EDISON 05/15/26-05/13/26 23873 Clinton Keith Rd Suite 109 Bill #051426-2838 Bill Payment #221862 5/14/2026 5/21/2026 1,071.75 EDISON 05/15/26-05/13/26 Electric City Hall Bill #051326-2529 Bill Payment #221862 5/13/2026 5/21/2026 337.41 EDISON 05/15/26-05/13/26 22378 Bundy Canyon Rd Bill #051426-7255 Bill Payment #221862 5/14/2026 5/21/2026 195.27 EDISON 05/15/26-05/13/26 23873 Clinton Keith Rd Suite 110 Bill #51126 Bill Payment #221878 5/11/2026 5/21/2026 202.50 TRI-CITY GATORS FOOTBALL AND CENTER Refund for Cancelled Field Reservations Bill #3502990 Bill Payment #221893 2/28/2026 5/21/2026 102,026.63 INTERWEST CONSULTING GROUP Building & Safety Services - February 2026 Bill #3502988 Bill Payment #221889 2/28/2026 5/21/2026 6,133.25 INTERWEST CONSULTING GROUP Non-CIP Services for February 2026 Bill #2603.5-002 Bill Payment #221870 4/30/2026 5/21/2026 3,070.56 KOSMONT COMPANIES 2603.5 - Hotel Study Update Bill #1DQQ-J4DV-6F3J Bill Payment #221867 5/19/2026 5/21/2026 55.38 AMAZON CAPITAL SERVICES Washing Supplies for Police Motorcycle Bill #26-1412 Bill Payment #221891 5/18/2026 5/21/2026 375.00 GATES SOUND Troubleshoot Streaming Issue Bill #INV0000246425 Bill Payment #221888 5/15/2026 5/21/2026 5,940.00 ARMADA ADMINISTRATORS City Council and City Manager Addt'l Insurance Bill #5426 Bill Payment #221882 5/5/2026 5/21/2026 27,293.41 WESTERN RIVERSIDE COUNTY, RCA MSHCP Infrastructure Fee Principal & Interest Bill #1549 Bill Payment #221883 5/2/2026 5/21/2026 600.00 HEYDAY RECORDS AND EVENTS Professional and Contractual Services Bill #5137934 Bill Payment #221861 5/20/2026 5/21/2026 3,426.91 MANPOWER Temp Staff Augmentation W/E 5/17/26 Bill #15825 Bill Payment #221858 5/19/2026 5/21/2026 60.00 INTELLI-TECH Adobe Acrobat Pro For ENT License - 9/24/26 Bill #051526-8688 Bill Payment #221862 5/15/2026 5/21/2026 80.27 EDISON 04/16/26-05/14/26 21458 Grand Ave TC1 Bill #051526-5361 Bill Payment #221862 5/15/2026 5/21/2026 83.78 EDISON 04/16/26-05/14/26 31818 Central TC1 Bill #051526-7372 Bill Payment #221862 5/15/2026 5/21/2026 85.54 EDISON 04/16/26-05/14/26 24211 Clinton Keith Rd TC1 Bill #051526-3243 Bill Payment #221862 5/15/2026 5/21/2026 39.01 EDISON 04/16/26-05/14/26 31818 Central St LS3 Bill #051526-3950 Bill Payment #221862 5/15/2026 5/21/2026 36.51 EDISON 04/16/26-05/14/26 34311 Mission Trail LS3 Bill #051526-4237 Bill Payment #221862 5/15/2026 5/21/2026 284.93 EDISON 04/16/26-05/14/26 Clinton Keith Rd Suite 111 Bill #051526-3047 Bill Payment #221862 5/15/2026 5/21/2026 88.07 EDISON 04/16/26-05/14/26 34311 Mission Trail TC1 Bill #01-7300608 Bill Payment #221892 5/20/2026 5/21/2026 1,986.40 APPLEONE Temp Staffing - Administrative Assistant I Bill #52126 Bill Payment #221871 5/21/2026 5/21/2026 780.92 CALIFORNIA STATE DISBURSEMENT UNIT Withholding Order Bill #52126 Bill Payment #221884 5/21/2026 5/21/2026 100.00 FRANCHISE TAX BOARD Withholding Order Bill #52126 Bill Payment #221885 5/21/2026 5/21/2026 198.62 VEHICLE RESGISTRATION COLLECTIONS Withholding Order Bill #17743 Bill Payment #221886 5/21/2026 5/21/2026 108.75 PRINT POSTAL Professional and Contractual Services Bill #2603.4-002 Bill Payment #221870 4/30/2026 5/21/2026 928.75 KOSMONT COMPANIES Kosmont Agreement - Bluffs Development Agreement
Negotiation
Bill #205621517 Bill Payment #221894 3/18/2026 5/28/2026 599.13 ULINE Facilities - Furniture & Equipment Bill #650653 Bill Payment #221896 4/15/2026 5/28/2026 664.95 TEMECULA VALLEY PIPE & SUPPLY Marna O'Brien - Irrigation Parts Bill #59551 Bill Payment #221925 4/14/2026 5/28/2026 1,995.84 MARK THOMAS & COMPANY INC. CIP 028-2 Palomar Widening, CIP 067-1 Cemetery Frontage Bill #WILD-01.8 - 18 Bill Payment #221898 3/31/2026 5/28/2026 550.50 PLACEWORKS CIP 025-1 Clinton Keith Widening Design Bill #WILD-01.8 - 17 Bill Payment #221898 2/28/2026 5/28/2026 12,493.00 PLACEWORKS CIP 025-1 Clinton Keith Road Widening Design Bill #WILD-01.6 - 18 Bill Payment #221898 2/28/2026 5/28/2026 757.50 PLACEWORKS CIP 062-1, 27-Acre Park - February 2026 Bill #4268527206 Bill Payment #221923 5/7/2026 5/28/2026 222.59 CINTAS CORPORATION Staff Uniform & Towel Maintenance Bill #1251015 Bill Payment #221921 4/20/2026 5/28/2026 1,440.01 ALL AMERICAN ASPHALT Pavement and Shoulder Repair on Elm Bill #183307420-0001 Bill Payment #221903 4/30/2026 5/28/2026 143.35 SUNBELT RENTALS, INC. Aerator Rental Bill #99119 Bill Payment #221902 5/6/2026 5/28/2026 187.05 ALLIED TRAFFIC & EQUIPMENT, RENTALS INC Signs and Barricades Bill #CA25006631 Bill Payment #221899 4/17/2026 5/28/2026 9,872.53 SCA OF CA, LLC Street Sweeping - February 2026 Bill #CA25005835 Bill Payment #221899 4/17/2026 5/28/2026 8,508.53 SCA OF CA, LLC Street Sweeping - January 2026 Bill #CA25007367 Bill Payment #221899 4/17/2026 5/28/2026 6,418.53 SCA OF CA, LLC Street Sweeping - March 2026 Bill #51226 Bill Payment #221897 5/12/2026 5/28/2026 1,225.00 BUNDY CANYON 145, LLC CIP 026-2: Bundy Canyon Rd. Right-of-Way Acquisition
Payment for TCEs
Bill #51226 Bill Payment #221928 5/12/2026 5/28/2026 5,100.00 JOHN WOLFE CIP 026-2: Bundy Canyon Rd. Right-of-Way Acquisition
Payment for TCEs
Bill #5126 Bill Payment #221917 5/12/2026 5/28/2026 2,000.00 DIEN DA DINH CIP 026-2: Bundy Canyon Rd. Right-of-Way Acquisition
Payment for TCEs
Bill #231641131 Bill Payment #221904 2/28/2026 5/28/2026 7,121.88 ST. FRANCIS ELECTRIC Traffic Signals Extra Work - City Signal Related - February 2026 31 Transaction Name Paying Transaction Bill Date Payment Date Amount (Credit) Vendor Memo Bill #231641129 Bill Payment #221904 2/28/2026 5/28/2026 5,113.27 ST. FRANCIS ELECTRIC Traffic Operations - TS Maintenance Responses February 2026 Bill #01-7296230 Bill Payment #221919 5/13/2026 5/28/2026 987.78 APPLEONE HR Tech Temporary Assistance Bill #3492617 Bill Payment #221932 2/28/2026 5/28/2026 34,332.32 INTERWEST CONSULTING GROUP CIP Professional Services - February 2026 Bill #045827 Bill Payment #221900 5/5/2026 5/28/2026 294.00 DEPARTMENT OF JUSTICE FBI/DOJ Background for 3 employees & 3 committee members Bill #726040423 Bill Payment #221912 4/30/2026 5/28/2026 7,189.25 GEOCON WEST, INC. CIP 028-2 - Palomar Widening - April 2026 Bill #59872 Bill Payment #221929 4/30/2026 5/28/2026 2,125.20 MARK THOMAS & COMPANY INC. CIP 028-2 Palomar Widening - April 2026 Bill #2026-208 Bill Payment #221905 2/28/2026 5/28/2026 567.00 TKE ENGINEERING INC CIP 028-2 Palomar Widening - February 2026 Bill #2026-210 Bill Payment #221905 2/28/2026 5/28/2026 3,696.00 TKE ENGINEERING INC CIP 103, Wildomar Trail Interchange Restriping - February 2026 Bill #2026-355 Bill Payment #221905 4/28/2026 5/28/2026 196.50 TKE ENGINEERING INC CIP 063 Line C Basin and Storm Drain February - March 2026 Bill #2026-356 Bill Payment #221905 4/28/2026 5/28/2026 1,071.00 TKE ENGINEERING INC CIP 028-2 Palomar Widening - March 2026 Bill #2026-358 Bill Payment #221905 4/28/2026 5/28/2026 1,890.00 TKE ENGINEERING INC CIP 103, Wildomar Trail Interchange Restriping - March 2026 Bill #01-7300607 Bill Payment #221919 5/20/2026 5/28/2026 1,087.90 APPLEONE HR Tech Temporary Assistance Bill #208989 Bill Payment #221920 5/15/2026 5/28/2026 887.57 PORTER RENTS, LLC Dump Truck Rental Bill #1F6G-WGQD-HQTY Bill Payment #221918 5/21/2026 5/28/2026 114.27 AMAZON CAPITAL SERVICES STORM Game Goodie Bags for Kid Bill #99193 Bill Payment #221902 5/18/2026 5/28/2026 332.78 ALLIED TRAFFIC & EQUIPMENT, RENTALS INC PW Road Maintenance - Street Signs Bill #2600 Bill Payment #221924 4/3/2026 5/28/2026 395.00 BEE GUY TRAVIS PW Road Maintenance - Bee Removal from Tree Bill #2626 Bill Payment #221924 4/1/2026 5/28/2026 395.00 BEE GUY TRAVIS Removal/Relocation of Bees - Palomar & Frederick Bill #2635 Bill Payment #221924 5/7/2026 5/28/2026 1,975.00 BEE GUY TRAVIS Removal/Relocation of Bees - 35717 Capistrano Bill #209026 Bill Payment #221920 5/15/2026 5/28/2026 1,054.94 PORTER RENTS, LLC Skip Loader Rental Bill #051926-7633 Bill Payment #221907 6/8/2026 5/28/2026 101.16 EDISON 04/20/26-05/18/26 32975 Willow Bay Rd TC1 Bill #051926-5249 Bill Payment #221907 5/19/2026 5/28/2026 38.56 EDISON 04/20/26-05/18/26 32975 Willow Bay Rd Bill #051926-0022 Bill Payment #221907 5/19/2026 5/28/2026 113.34 EDISON 04/20/26-05/18/26 22628 Wildomar Trail TC1 Bill #051926-3767 Bill Payment #221907 5/19/2026 5/28/2026 17.33 EDISON 04/20/26-05/18/26 31160 Clinton Keith Rd LS3 Bill #14264452 Bill Payment #221922 5/19/2026 5/28/2026 82.62

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 04/10/26-05/1/26 Water Zone 3 Loc 7 M1
Bill #14264466 Bill Payment #221922 5/19/2026 5/28/2026 226.50

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 04/10/26-05/1/26 Water Heritage Pk (Autumn Oak) Bill #6202125 Bill Payment #221913 5/21/2026 5/28/2026 2,520.00 FENCE MASTERS New gate and repairs at Regency Heritage Park Bill #1C4R-FG4Y-373Q Bill Payment #221918 5/9/2026 5/28/2026 103.46 AMAZON CAPITAL SERVICES Coffee for City Departments Bill #5335843607 Bill Payment #221901 5/13/2026 5/28/2026 2,103.04 CINTAS CORPORATION City Hall First Aid & Safety Bill #309771/3 Bill Payment #221895 5/6/2026 5/28/2026 19.62 ACE HARDWARE Departmental Supplies Bill #309789/3 Bill Payment #221895 5/14/2026 5/28/2026 13.80 ACE HARDWARE Departmental Supplies Bill #6202915 Bill Payment #221913 5/19/2026 5/28/2026 3,490.00 FENCE MASTERS Welding of Wrought Iron Panels On Teakwood Ct.

Bill #50726 Bill Payment #221915 5/7/2026 5/28/2026 6,583.55 VERIZON COMMUNICATIONS INC. Developer Deposit Refunds Bill #CD_001442785 Bill Payment #221906 5/22/2026 5/28/2026 804.27 RING CENTRAL New Phone & Digital Line Bill #14269511 Bill Payment #221922 5/20/2026 5/28/2026 228.73

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 04/11/26-05/12/26 Water Zone 42 Loc 01 M1
Bill #14267746 Bill Payment #221922 5/20/2026 5/28/2026 226.50

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 04/11/26-05/12/26 Water Zone 3 Loc 25 M1
Bill #14267745 Bill Payment #221922 5/20/2026 5/28/2026 1,131.14

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 04/11/26-05/12/26 Water Zone 3 Loc 25 M2
Bill #14270837 Bill Payment #221922 5/20/2026 5/28/2026 325.18

ELSINORE VALLEY MUNICIPAL, WATER
DISTRICT 04/11/26-05/12/26 Water Malaga Gateway PK
Bill #052026-7151 Bill Payment #221907 5/20/2026 5/28/2026 8,175.20 EDISON 02/12/25-04/16/26 Electric- Parks, Signal, City Hall Bill #IN26-00923 Bill Payment #221926 5/25/2026 5/28/2026 372.68 IMPACT MARKETING & DESIGN, INC City Promotional Marketing Items Bill #2264 Bill Payment #221908 5/31/2026 5/28/2026 5,585.29 SPICER CONSULTING GROUP Maint. District Administration - May 2026 Bill #5138047 Bill Payment #221909 5/27/2026 5/28/2026 3,378.86 MANPOWER Temp Staff Augmentation W/E 5/24/26 Bill #0311321-IN Bill Payment #221910 5/15/2026 5/28/2026 523.11 G/M BUSINESS INTERIORS City Hall Executive Suite Signage Bill #0242 Bill Payment #221911 5/15/2026 5/28/2026 400.00 THE VALLEY BUSINESS JOURNAL Valley Business Journal - June Bill #206265 Bill Payment #221930 4/17/2026 5/28/2026 50.00 DEANZA TERMITE & PEST CONTROL, INC Pest Control for Marna O'Brien Park Bill #221621 Bill Payment #221930 5/22/2026 5/28/2026 50.00 DEANZA TERMITE & PEST CONTROL, INC Pest Control for O'Brien Park 32 Transaction Name Paying Transaction Bill Date Payment Date Amount (Credit) Vendor Memo Bill #206325 Bill Payment #221930 4/17/2026 5/28/2026 195.00 DEANZA TERMITE & PEST CONTROL, INC Pest Control at City Hall Bill #221681 Bill Payment #221930 5/22/2026 5/28/2026 195.00 DEANZA TERMITE & PEST CONTROL, INC Pest Control at City Hall Bill #160573520 Bill Payment #221931 2/27/2026 5/28/2026 1,440.00 EVERON, LLC. Fire Alarm Monitoring for CY25 (July - Dec) Bill #52626 Bill Payment #221914 5/26/2026 5/28/2026 27.00 ROBERT FLORES Reimbursement: Lunch with Kevin Thomas and Kimley Horn to discuss Ceqa services
Bill #52826 Bill Payment #221916 5/28/2026 5/28/2026 50,000.00 Nor-Cal Pipeline Services Prairie Rd Sediment Removal from Storm Drain Bill #052626 Bill Payment #221914 5/26/2026 5/28/2026 30.21 ROBERT FLORES Reimbursement: Conference - Meals Bill #121000248-3
Bill Payment
#2530143219846 5/28/2026 5/28/2026 493,138.62 DR HORTON LOS ANGELES COMPANY, INC. Refund DIF Related to CFD 2023-1 Avalino Bond Issuance Total: 2,172,938.22
33 ACH Date Payee Description Amount
5/14/2026 Frontier Communications Monthly Phone and Internet Services $ 74.99 5/14/2026 Viasat, Inc. Cemetery Phone and Internet $ 177.53 5/18/2026 Wilmington Trust WRCOG Streetlight Debt Service $ 46,849.77 5/19/2026 Frontier Communications Monthly Phone and Internet Services $ 169.99 5/19/2026 Charter Spectrum Monthly Backup Internet Services $ 527.88 5/19/2026 US Bank
Credit Card Statement Payment - Business Meals,
Conference Expenses, Organizational Memberships,
Special Event Supplies, Repairs & Maintenance, and
Office Supplies
$ 25,144.00
5/20/2026 Enterprise Fleet Management Monthly City Vehicle Lease Payment $ 2,070.11 5/27/2026 Frontier Communications Monthly Phone and Internet Services $ 97.99 5/27/2026 Frontier Communications Monthly Phone and Internet Services $ 881.62 5/28/2026 D.R. Horton Los Angeles Holding Co. CFD2023-1 Avalino DIF Refund $ 493,138.62 TOTAL $ 569,132.50
City of Wildomar
Wire Transfer Register
5/31/2026
34 ACH Date Payee Description Amount
5/1/2026 City Manager Payroll 4/1/2026-4/15/2026 14,588.71 $ 5/7/2026 Staff Payroll 4/18/2026-5/1/2026 259,345.37 $
5/15/2026 City Manager Payroll 4/16/2026-4/30/2026 14,507.71 $ 5/21/2026 Staff Payroll 5/2/2026-5/15/2026 264,497.49 $ 5/29/2026 Council Payroll 5/1/2026-5/31/2026 15,689.73 $ TOTAL $ 568,629.01
City of Wildomar
Payroll Warrant Register
5/31/2026
35 CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: June 10, 2026
SUBJECT: May 2026 Cemetery Warrant Register
SUBMITTED BY: Nicholas Neidiffer, Accountant II
PREPARED BY: Nicholas Neidiffer, Accountant II
ACTION:

Approve the following:

For Fiscal Year 2025/2026:

1. Warrant Register dated 5-7-2026 in the amount of $13,465.77.

2. Warrant Register dated 5-14-2026 in the amount of $270.00.

3. Warrant Register dated 5-28-2026 in the amount of $9,102.25.

SUMMARY:

May 2026 Cemetery Warrant Register
DISCUSSION:

The Wildomar Cemetery District requires that the Trustees audit payments of demands and direct the General Manager to issue checks. The Warrant Registers are submitted for approval.

FISCAL IMPACT:

These Warrant Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2025/26 Budget.

ATTACHMENTS:

May 2026 Cemetery Warrant Register.pdf
36 Transaction Name Bill Date Payment Date Fund Line Amount (Debit) Vendor Memo Bill #1T6X-C3DL- 4/2/2026 5/7/2026 300 - Cemetery 79.80 AMAZON CAPITAL SERVICES Departmental Supplies Bill #6141717844 4/22/2026 5/7/2026 300 - Cemetery 24.97 VERIZON WIRELESS 03/23/26-04/22/26 Cemetery/Comm Svs Bill #6141717844 4/22/2026 5/7/2026 300 - Cemetery 38.81 VERIZON WIRELESS 03/23/26-04/22/26 Cemetery Bill #6141717844 4/22/2026 5/7/2026 300 - Cemetery 38.81 VERIZON WIRELESS 03/23/26-04/22/26 Cemetery Bill #8014097166 4/25/2026 5/7/2026 300 - Cemetery 116.87 STERICYCLE, INC Contractual Shredding Svc Bill #042926-7258 4/29/2026 5/7/2026 300 - Cemetery 128.33 EDISON 03/30/26-04/28/26 Elec 21400 Palomar
(Cemetery)
Bill #451904 3/11/2026 5/7/2026 300 - Cemetery 455.64 RIGHTWAY SITE SERVICES, INC. (2) Cemetery Restroom Maintenance/Service
03/09/26-04/05/26
Bill #9370434027 4/30/2026 5/7/2026 300 - Cemetery 159.86 CINTAS CORPORATION SD Eyewash Service Agreement Bill #1813 4/30/2026 5/7/2026 300 - Cemetery 1,114.92 The Cleaning Squad Janitorial Services for Cemetery Bill #10867840165 4/1/2026 5/7/2026 300 - Cemetery 1,718.18 DELL MARKETING L.P. laptop for Christy Bill #5426 5/5/2026 5/7/2026
302 - Cemetery Capital
Improvement Fund 9,589.58

WESTERN RIVERSIDE COUNTY,
RCA
MSHCP Infrastructure Fee Principal &
Interest (26%)
Bill #001290 4/30/2026 5/14/2026 300 - Cemetery 270.00 GOPHER SQUAD Gopher & Insect Pest Control - April 2026 Bill #205621517 3/18/2026 5/28/2026 300 - Cemetery 79.09 ULINE Cemetery - Supplies: First Aid/Safety
Equipment
Bill #205621517 3/18/2026 5/28/2026 300 - Cemetery 112.76 ULINE Cemetery - Supplies: First Aid/Safety
Equipment
Bill #59551 4/14/2026 5/28/2026
302 - Cemetery Capital
Improvement Fund 380.16 MARK THOMAS & COMPANY INC. CIP 067-1 Cemetery Frontage (16%) Bill #5326386601 3/27/2026 5/28/2026 300 - Cemetery 192.61 CINTAS CORPORATION Cemetery First Aid & Safety Bill #3492617 2/28/2026 5/28/2026
302 - Cemetery Capital
Improvement Fund 3,505.77 INTERWEST CONSULTING GROUP
CIP 067 Palomar Widening, Gruwell to
Wildomar Trail - February 2026
Bill #3492617 2/28/2026 5/28/2026
302 - Cemetery Capital
Improvement Fund 2,093.00 INTERWEST CONSULTING GROUP
CIP 067 Palomar Widening, Gruwell to
Wildomar Trail - February 2026
Bill #1DQG-3GMJT1GG 5/18/2026 5/28/2026 300 - Cemetery 226.19 AMAZON CAPITAL SERVICES Vase Cutter Bill #59872 4/30/2026 5/28/2026
302 - Cemetery Capital
Improvement Fund 404.80 MARK THOMAS & COMPANY INC.

CIP 028-2 Palomar Widening - April 2026
(16%)
Bill #454426 4/8/2026 5/28/2026 300 - Cemetery 455.64 RIGHTWAY SITE SERVICES, INC. (2) Cemetery Restroom Maintenance/Service
04/06/26-05/03/26
Bill #1GGK-RKLJPGJ4 5/21/2026 5/28/2026 300 - Cemetery 27.99 AMAZON CAPITAL SERVICES Vase Cutter Bill #14226364 4/28/2026 5/28/2026 300 - Cemetery 1,477.02

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT Water Services 03/17/26-04/17/26
Bill #309786/3 5/12/2026 5/28/2026 300 - Cemetery 7.22 ACE HARDWARE Cemetery Department Supplies Bill #206295 4/17/2026 5/28/2026 300 - Cemetery 70.00

DEANZA TERMITE & PEST
CONTROL, INC Pest Control for Cemetery
Bill #221627 5/22/2026 5/28/2026 300 - Cemetery 70.00

DEANZA TERMITE & PEST
CONTROL, INC Pest Control for Cemetery
Total: 22,838.02
37 CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: June 10, 2026
SUBJECT: April 2026 City Treasury Report
SUBMITTED BY: Adam Jantz, Finance Manager
PREPARED BY: Adam Jantz, Finance Manager
ACTION:

Approve the City Treasury Report for April 2026.

SUMMARY:

April 2026 City Treasury Report
DISCUSSION:

Attached is the Treasury Report for Cash and Investments for the month of April 2026. The City utilizes both the California State Treasurer’s Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) for City investments. Uninvested funds are held in the City bank account which utilizes a sweep account to earn interest via money market securities while still maintaining full checking account functionality.

The City utilizes both CAMP’s investment pool and managed account for long-term investments. The average duration on the managed account is two years, to allow for sufficient liquidity while maintaining adequate returns.

Over this month, the City earned $164,848.67 in interest from its investment accounts.

The City also established a 115 trust with Public Agency Retirement Services (PARS) to invest fund to cover the City’s unfunded liability payments. The City currently uses a balanced portfolio allocation in the trust. April is the first month for the trust.

ACCOUNT CODE:
100-1012
100-1011
103-1015
110-1011
120-1011
201-1011
212-1011
300-1011
301-1011
420-1011
421-1011
440-1011
38 461-1011
FISCAL IMPACT:

This is only a report on balances for the City and therefore it has no fiscal impact.

ATTACHMENTS:

April 2026 City Treasury Report.pdf
39 CITY

TREASURY
REPORT

CITY OF WILDOMAR
40 BEGINNING + (-) ENDING

FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO $ 9,787,943.08 $ 2,097,859.38 (5,083,953.20) $ 6,801,849.26 3.53670% TOTAL $ 9,787,943.08 $ 2,097,859.38 $ (5,083,953.20) $ 6,801,849.26

AVERAGE

PERCENT OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 100 $ 5,455,805.11 $ 5,455,805.11 $ 5,455,805.11 12.17% N/A 3.811% 103 1,304,630.58 1,304,630.58 1,307,325.52 2.92% N/A 2.000% Various $ 13,242,652.61 $ 13,242,652.61 $ 13,242,652.61 29.53% N/A 3.780% Various $ 24,601,320.51 $ 24,601,320.51 $ 24,839,251.89 55.39% 958 4.290% TOTAL $ 44,604,408.81 $ 44,604,408.81 $ 44,845,035.13 100.00% CITY $ 51,646,884.39
PARS 115 TRUST
Overall Asset Location Distribution

CASH AND INVESTMENT PORTFOLIO

TREASURY REPORT FOR

CITY OF WILDOMAR

CITY CASH

CITY INVESTMENT

TOTAL CASH AND INVESTMENTS
April 2026
ISSUER

CAMP POOL

LOCAL AGENCY INVESTMENT FUND

CAMP MANAGED ACCOUNT
WELLS FARGO, 13.2%
PARS 115 TRUST, 2.5%

LOCAL AGENCY

INVESTMENT FUND,

10.6%
CAMP POOL, 25.6%

CAMP MANAGED
ACCOUNT, 48.1%
+ + (-)

BEGINNING INTEREST WITHDRAWALS/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED SALES BALANCE RATE
100 General $ 5,402,859.32 $ 0.00 $ 52,945.79 $ 0.00 $ 5,455,805.11 3.811% 103 Pension Liabil $ 0.00 $ 1,304,630.58 $ 0.00 $ 0.00 $ 1,304,630.58 2.000% 100 General $ 5,700,247.30 $ 0.00 $ 17,725.40 $ 0.00 $ 5,717,972.70 3.780% 120 AA $ 4,206,607.19 $ 0.00 $ 13,080.80 $ 0.00 $ 4,219,687.99 3.780% 461 DIF Park Imp. $ 2,834,112.40 $ 0.00 $ 8,812.91 $ 0.00 $ 2,842,925.31 3.780% 301 Endowment $ 460,634.23 $ 0.00 $ 1,432.38 $ 0.00 $ 462,066.61 3.780% 100 General $ 6,687,706.36 $ 0.00 $ 19,350.85 $ 0.00 $ 6,707,057.21 4.290% 110 Dev. Agrmnt. $ 3,444,498.88 $ 0.00 $ 9,869.49 $ 0.00 $ 3,454,368.37 4.290% 120 AA $ 6,799,288.88 $ 0.00 $ 19,646.31 $ 0.00 $ 6,818,935.19 4.290% 201 Measure A $ 1,264,760.56 $ 0.00 $ 3,642.09 $ 0.00 $ 1,268,402.65 4.290% 204 Waste Svcs. $ 1,127,058.42 $ 0.00 $ 3,255.99 $ 0.00 $ 1,130,314.41 4.290% 300 Cemetery $ 1,127,058.42 $ 0.00 $ 3,255.99 $ 0.00 $ 1,130,314.41 4.290% 420 Public Fac. $ 540,080.52 $ 0.00 $ 1,555.25 $ 0.00 $ 541,635.77 4.290% 421 Police Fac. $ 540,080.52 $ 0.00 $ 1,555.25 $ 0.00 $ 541,635.77 4.290% 440 DIF Roads $ 2,830,412.73 $ 0.00 $ 8,218.27 $ 0.00 $ 2,838,631.00 4.290% 461 DIF Park Imp. $ 169,523.82 $ 0.00 $ 501.90 $ 0.00 $ 170,025.72 4.290% TOTAL $ 43,134,929.56 $ 1,304,630.58 $ 164,848.67 $ 0.00 $ 44,604,408.81

PUBLIC AGENCY RETIREMENT SERVICES

CAMP MANAGED ACCOUNT

CAMP POOL

CAMP MANAGED ACCOUNT

BREAKDOWN
In compliance with the California Code Section 53646, as Finance Manager for the City of Wildomar, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and that all investments are in compliance with the City's Statement of Investment Policy.

I also certify that this report reflects all Government Agency pooled investments and all of the City's Bank Balances.

CAMP POOL

LOCAL AGENCY INVESTMENT FUNDS
ISSUER

CAMP POOL

CAMP MANAGED ACCOUNT
Adam Jantz
Adam Jantz
City Treasurer
Date
5/15/2026
General, 40.1%
AA, 24.7%
DIF Park Imp., 6.8%
Endowment, 1.0%
Dev. Agrmnt., 7.7%
Measure A, 2.8%
Waste Svcs., 2.5%
Cemetery, 2.5%
Public Fac., 1.2%
Police Fac., 1.2%
DIF
Roads,

6.4%
Pension Liab. Fund, 3%
Investment Fund Allocation

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: June 10, 2026
SUBJECT: April 2026 Cemetery Treasury Report
SUBMITTED BY: Adam Jantz, Finance Manager
PREPARED BY: Adam Jantz, Finance Manager
ACTION:

Approve the Treasury Report for April 2026.

SUMMARY:

April 2026 Cemetery Treasury Report
DISCUSSION:

Attached is the Treasury Report for Cash and Investments for the month of April 2026.

ACCOUNT CODE:
300-1011
301-1011
FISCAL IMPACT:

This is only a report of balances for the Cemetery and therefore has no fiscal impact.

ATTACHMENTS:

April 2026 Cemetery Treasury Report.pdf
43 CEMETERY

TREASURY
REPORT

CITY OF WILDOMAR
44 PERCENT

OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 301 $ 462,066.61 $ 462,066.61 $ 462,066.61 28.82% N/A 3.780% 300 $ 1,130,314.41 $ 1,130,314.41 $ 1,141,494.11 71.18% 958 4.290% $ 1,592,381.02 $ 1,592,381.02 $ 1,603,560.72 100.00%
+ + WITHDRAWALS/

BEGINNING DEPOSITS/ INTEREST SALES/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED MATURITIES BALANCE RATE 301 $ 460,634.23 $ - $ 1,432.38 $ - $ 462,066.61 3.780% 300 $ 1,127,058.42 $ - $ 3,255.99 $ - $ 1,130,314.41 4.290% $ 1,587,692.65 $ - $ 4,688.37 $ - $ 1,592,381.02
City Treasurer
In compliance with the California Code Section 53646, as Finance Manager for the Wildomar Cemetery District, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the District's expenditure requirements for the next six months.

I also certify that this report reflects all Government Agency pooled investments and all of the District's Bank Balances.

Adam Jantz 5/15/2026
Adam Jantz Date
TOTAL

WILDOMAR CEMETERY DISTRICT

TREASURY REPORT FOR

CASH AND INVESTMENT PORTFOLIO
April 2026

DISTRICT INVESTMENT
ISSUER
ISSUER
TOTAL

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP POOL

CAMP MANAGED ACCOUNT
45 CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: June 10, 2026
SUBJECT: Calling a General Municipal Election on November 3, 2026 SUBMITTED BY: Janet Morales Garcia, City Clerk
ACTION:

Adopt the following Resolutions entitled:

RESOLUTION NO. 2026 - ____

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

CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS IN DISTRICT 1, DISTRICT 3, AND DISTRICT 5 AS REQUIRED BY THE PROVISIONS OF THE

LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2026 - ____

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

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION § 10403 OF THE ELECTIONS CODE
SUMMARY:

The City of Wildomar is calling a General Municipal Election on November 3, 2026 for the purpose of electing one Council Member in District 1, one Council Member in District 3, and one Council Member in District 5.

BACKGROUND:

The City of Wildomar is a General Law City governed by a five-member City Council.

Members of the City Council are elected by district for a four-year term. Pursuant to California Elections Code Sections 1301(b), 1000, and 10403.5, beginning in November of 2010 and every even-numbered year thereafter, the City's general municipal election shall be consolidated with the statewide general election held on the second Tuesday following the first Monday in November. (Ord. 08-15 § 2).

Beginning in November 2016, and every four years thereafter, Council members shall be elected in Council Districts 2 and 4. Beginning in November 2018, and every four years thereafter, Council Members shall be elected in Districts 1, 3, and 5.

The City will be holding its General Municipal Election on Tuesday, November 3, 2026, for the purpose of electing one Council Member in District 1, one Council Member in District 3, and one Council Member in District 5, each for a term of four years. The current terms set to expire are those of Mayor Marquez (District 1), Council Member Morabito (District 3), and Council 46 Member DePhillippo (District 5).

It is important to note that not all Wildomar voters will have a Council election on their ballot; only those who live and are registered to vote in Districts 1, 3, and 5 will have a Wildomar contest on their ballot. The District map that was approved on March 9, 2022, can be accessed on the City's website by clicking on the following link:

District Map Viewer - GIS
DISCUSSION:

The candidate nomination period will begin on Monday, July 13, 2026, and will end on Friday August 7, 2026. If an incumbent does not file for office by August 7th, the deadline for nonincumbents will extend to Wednesday, August 12, 2026, within that district only.

The City Clerk's office is open Monday-Thursday from 7:30 a.m. to 6 p.m. and is closed on Fridays; however, the City Clerk's office will be open on Friday, August 7, 2026, from 7:30 a.m. to 6 p.m. for the purpose of filing nomination papers.

The City of Wildomar consolidates its elections with the Riverside County Registrar of Voters, which provides voter registration, ballot materials, polling places, and other services. For the County to conduct the 2026 election, the City must also adopt the attached resolution requesting such services.

ACCOUNT CODE:
100-4130-52120
FISCAL IMPACT:

It is anticipated the approximate cost will be $46,000 which is currently budgeted in the FY 26/27 budget.

ATTACHMENTS:

1. 2026_Reso_Calling_Election

2. 2026_Reso_Consolidating_Election
47 RESOLUTION NO. 2026 - ____

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

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026, FOR THE ELECTION OF CERTAIN OFFICERS IN DISTRICT 1, DISTRICT 3, AND DISTRICT 5 AS REQUIRED BY THE PROVISIONS OF

THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL

LAW CITIES
WHEREAS, Under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 2026, for the election of Municipal Officers in District 1, District 3 and District 5.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Wildomar, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing one Member of the City Council for the full term of four years in District 1, one Member of the City Council for the full term of four years in District 3, and one Member of the City Council for the full term of four years in District 5.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Riverside Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls (vote centers) for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 48 SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.

SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED, APPROVED AND ADOPTED this 10th day of June, 2026. ______________________________
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk, Elections Official
49 RESOLUTION NO. 2026 - ____

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

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO SECTION § 10403 OF THE ELECTIONS CODE
WHEREAS, The City Council of the City of Wildomar called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of the election of three Members of the City Council from Districts 1, 3 and 5 respectively; and WHEREAS, It is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Riverside canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Section §10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election Tuesday, November 3, 2026, for the purpose of the election of three Members of the City Council from Districts 1, 3, and 5 respectively.

SECTION 2. That the Riverside County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the Riverside County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Wildomar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
50 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of Riverside.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: June 10, 2026
SUBJECT: Appropriations Limit for FY 2026-27
SUBMITTED BY: Adam Jantz, Finance Manager
PREPARED BY: Adam Jantz, Finance Manager
ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2026-27 SUMMARY:

Appropriations Limit for FY 2026-27
DISCUSSION:

Article XIII-B of the California State Constitution places limits on the amount of “proceeds of taxes” that can be spent by all entities of government. “Proceeds of taxes” include some, but not all, revenues. Therefore, the appropriations limit only applies to those City revenues that are considered “proceeds of taxes.” This includes general purpose property taxes and sales taxes.

It is the responsibility of the City to calculate its annual appropriations limit. The annual limit is calculated by multiplying the previous fiscal year’s limit by a factor based on the change in the population and the change in California’s per capita personal income.

Each fiscal year the City is able to elect to use the more favorable population change percentage, either ours or Riverside County’s, to determine the population factor used for the limit. For calendar year 2026, the State Department of Finance calculated that the City of Wildomar’s population increased by 3.9%, and Riverside County’s overall population increased by 0.4%. Staff recommends that the City’s change in population be used and therefore the FY 2026-27 appropriations limit calculation attached is based on the 3.9% population change.

The change in the California per capita personal income was 4.95%.

Staff has calculated the appropriations limit for Fiscal Year 2026-27 to be $23,638,491. This is $3,104,591 more than the City’s estimated proceeds of taxes subject to the limit for FY2026-

27. Cities are required to complete an appropriations calculation for each fiscal year. The City’s 52 auditors are required to review and approve the appropriations calculation as part of their audit of the City.

FISCAL IMPACT:

This adopts the appropriations limit for certain tax revenues. If the City remains under the limit there is no fiscal impact.

ATTACHMENTS:

Resolution FY26-27 Appropriations Limit.docx
FY2026-27 GANN Limit Calculation.pdf
53 RESOLUTION NO. 2026 - _____

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

CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2026-27
WHEREAS, Constitutional Article XIII-B (Propositions 4 and 111) limits the appropriations State and Local Government may make from the proceeds of taxes and requires State and Local Government to adopt an annual appropriations limit; and WHEREAS, the permanent FY2009-10 base year appropriations limit of $7,728,041 for the City was established by a vote of the people on November 2, 2010; and
WHEREAS, the appropriations limitation is adjusted annually by multiplying the previous year’s appropriations limit by a factor based on either the population growth factor for the City of Wildomar or for the County of Riverside, and by either the change in the California Per Capita Personal Income or the change in Non-residential Construction for the City of Wildomar; and
WHEREAS, the City has received inflation and population data from the State Department of Finance to calculate the Fiscal Year 2026-27 Appropriations Limit; and WHEREAS, the appropriations limit for Fiscal Year 2025-26 was $21,678,127; and,
WHEREAS, the City Council of the City of Wildomar wishes to select those options providing the greatest ratio of change as shown below:

Change in California per Wildomar Population
Capita Personal Income Change
(Inflation Factor) (Population Factor)

1.0495 1.0390
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Wildomar approves the appropriations limit at $23,638,491 for Fiscal Year 2026-27 and selects the options for calculation using the population growth of the City of Wildomar per California Department of Finance numbers and the change in the California per Capita Personal Income.

The City Clerk shall attest and certify to the passage and adoption of this resolution, and it shall become effective immediately upon its approval. 54 PASSED, APPROVED AND ADOPTED this 10
th day of June 2026.
_____________________________
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
55 Amount
A. Fiscal Year 2025-26 Appropriations Limit $ 21,678,127 B. Adjustment Factors:

1. Population 1.0390

2. Price 1.0495
Total Adjustment 1.09043050 (B1*B2)
C. FY2026-27 Base Appropriations Limit $ 23,638,491 (B*A) D. Other Adjustments
Lost Responsibility (-) -
Transfer to private (-) -
Transfer to fees (-) -
Assume Responsibility (+) -
Sub-total Adjustments -
E. FY 2026-27 Appropriations Limit 23,638,491 (C-D)
F. FY 2026-27 Appropriations Limit $ 23,638,491
Amount
A. Estimated Proceeds of Taxes $ 20,533,900
B. Exclusions (Qualifed Debt Service) 0
C. Appropriations Subject to Limitation 20,533,900 (A-B) D. Current Year Limit 23,638,491
E. Over/(Under) Limit $ (3,104,591) (C-D)
Appropriations Subject to Limitation
City of Wildomar
GANN Appropriations Limit
FY 2026-27 CALCULATIONS
(Including $.01 Wildomar Sales Tax)
56 CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: June 10, 2026
SUBJECT: Acceptance of the FY 24-25 Measure Z Annual Report SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Daniel Torres, Public Works Manager
ACTION:

Accept the Fiscal Year 2024–25 Measure Z Oversight Advisory Committee Annual Report.

SUMMARY:

The Measure Z Oversight Advisory Committee has reviewed and approved the Fiscal Year 2024–25 Annual Report. The report summarizes Measure Z revenues, expenditures, and activities completed in support of park maintenance and related services funded by the Measure Z special tax assessment.

BACKGROUND:

Pursuant to Sections 50075.1 and 50075.3 of the California Government Code and Wildomar Municipal Code Chapter 3.40, the City is required to prepare and submit an annual report to the City Council regarding the use of Measure Z funds. The annual report must identify the amounts of revenue collected and expenditures incurred during the fiscal year and provide a status update on community parks, park facilities, programs, and services funded by Measure Z revenues. This includes expenditures related to staffing, utilities, materials, contract services, repairs, maintenance activities, and other operational costs associated with maintaining community parks and park facilities.

DISCUSSION:

A public meeting of the Measure Z Oversight Advisory Committee was held on May 28, 2026, to review the Fiscal Year 2024–25 Annual Report and discuss any additional comments, revisions, or adjustments prior to finalization. The completion and presentation of the annual report to the Oversight Committee were delayed due to the timing of receiving finalized financial statements following the City’s annual audit. Attachment A represents the finalized Annual Report as reviewed and approved by the Oversight Advisory Committee.

The annual report highlights several notable operational updates related to park maintenance and services funded through Measure Z revenues. During Fiscal Year 2024–25, the City transitioned landscape maintenance services from contracted operations to in-house services performed by City maintenance staff. The report also reflects the transition to a new janitorial service provider to support daily park maintenance and cleanliness operations.

In addition, Oversight Committee member Kristi Bergdahl conducted the annual park inspections as part of the committee’s review and oversight responsibilities associated with Measure Z-funded park operations and maintenance activities. 57 Also included with the annual report is the Fiscal Year 2024–25 Measure Z Park Fund Financial Statement prepared by Roger, Anderson, Malody & Scott, LLP. The independent audit concluded that the financial statements fairly present the financial position and activity of the Measure Z Park Fund for the fiscal year ending June 30, 2025, in accordance with generally accepted accounting principles.

FISCAL IMPACT:

This item is only for acceptance of the report and does not contain any additional appropriations or budget adjustments.

ATTACHMENTS:

A - Measure Z Annual Report (FY 24-25)
58 59
60 CITY OF WILDOMAR
FY 2024-25
Ashlee DePhillippo – Mayor | District 5
Carlos Marquez- Mayor Pro Tem | District 1
Dustin Nigg - Council Member | District 2
Joseph Morabito – Council Member | District 3
Bridgette Moore - Council Member | District 4
Chris Mann Thomas D. Jex
Interim City Manager City Attorney
Measure Z Oversight and Advisory Committee
Sergio Rodriguez - Chair
Timothy Underdown - Vice Chair
Kristi Bergdahl- Committee Member
James Howey - Committee Member
Vacant - Committee Member
Community Services and Parks Operations Staff
Daniel Torres, Community Services Director
Sherri Stanton, Management Analyst II
Annelle Rosales, Administrative Assistant II
Christy Bowen, Maintenance Worker II
Alejandro Cibrian, Maintenance Worker II
Paul Guerrero, Maintenance Worker I
Janet Morales, City Clerk
61 TABLE OF CONTENTS
Introduction...................................................................................................................1 Wildomar Parks Description…......................................................................................3 Maintenance and Operations Report ………………………………………………………5 Measure Z Oversight and Advisory Committee Comments ……………………………..12 Financial Information.....................................................................................................29 62 INTRODUCTION
The purpose of this report is to provide the City Council of the City of Wildomar with the amount of funds collected and expended, the status of the community parks and community park facilities, programs and services funded by the tax proceeds raised by Measure Z, including the costs of staff, utilities, materials, contract services and other items related to the repair and maintenance of community parks and community park facilities.

Specifically as stated in Ordinance 71 and Municipal Code section 3.18:

3.18.020 Purpose.

The tax authorized by this chapter is solely for the purpose of raising revenue to pay for the availability of and the funding, repair, operating and maintenance of community parks and community park related facilities, programs and services within the City of Wildomar. The tax is not imposed as an ad valorem tax on real property, nor a transaction tax or sales tax on the sale of real property. The proceeds of the tax will be deposited in a special fund and shall be restricted for the purposes stated above. As such, the tax is a special tax. (Ord. 71 § 1, 2012)1

3.18.030 Use of proceeds.

Tax proceeds raised pursuant to this chapter may only be used for Wildomar community park purposes as specified in Section 3.18.020, including, but not limited to, maintaining clean public restrooms, maintaining safe playground equipment, restoring safety lighting, removing graffiti, maintaining sports fields, and maintaining landscaping and public structures situated in Wildomar community parks. Tax proceeds raised pursuant to this chapter may also be used for audit reports as set forth in this chapter. (Ord. 71 § 1, 2012)

3.18.040 Annual report.

An annual report shall be prepared and filed with the City Council of the City as provided in Sections 50075.1 and 50075.3 of the California Government Code, and shall contain:
(A) the amount of funds collected and expended; and (B) the status of the community park and community park facilities, programs and services funded by the tax proceeds raised pursuant to this chapter, including the costs of staff, utilities, materials, contract services and other items related to the repair and maintenance of community parks and community park facilities. (Ord. 71 § 1, 2012)

3.18.050 Annual audit. The Director of Finance shall cause the City’s independent auditor to perform an annual audit of the expenditure of the proceeds of the tax imposed by this chapter. (Ord. 71 § 1, 2012)
1 63
On November 6, 2012, Wildomar residents voted and approved a $28 annual parcel tax (Measure Z) to assist in the funding of park operations and related park activities. By Statute, the passage of Measure Z triggered a number of tasks, one of which was establishing the Parks Funding Measure Z Citizen’s Oversight Advisory Committee. At the completion of the Fiscal Year 2024-25, the committee members were:

Sergio Rodriguez - Chair
Timothy Underdown - Vice Chair
Kristi Bergdahl- Committee Member
James Howey - Committee Member
Vacant - Committee Member
Committee Meetings for FY 2024-25 were held:
• August 22, 2024
• December 05, 2024
• February 27, 2025
• May 22, 2025
This report includes a description of the four City of Wildomar parks, a report stating the Maintenance and Operations performed during the year, a recap of the Measure Z Funded Special Event, an inspection of the parks conditions and operations by each of the committee members and the Wildomar Measure Z Park Fund Financial Statements for the Year Ended June 30, 2025 as provided by the independent audit firm of Roger Anderson, Malody & Scott, LLP.
2 64

DESCRIPTION OF WILDOMAR PARKS

MARNA O'BRIEN PARK
20505 Palomar Street
The largest of the city parks with a total of 9 acres and is often the site of many of the City’s special events. The park facilities consist of three baseball fields with spectator and player benches, two full basketball court, and two large multi-use soccer fields along with sports field lighting, a tot-lot for ages 2-5 yrs., a Little Free Library, three picnic shelters, a concrete walking trail, parking lot and permanent restrooms and a concession stand which is used for special events.

REGENCY HERITAGE PARK
20171 Autumn Oaks Place
This neighborhood park for the residents of Wildomar includes a tot-lot play area for ages 5-12 yrs., two basketball half courts, picnic shelters, park benches and a dog park. The park is designed with a direct access so that its facilities can be shared with neighborhood school.

WINDSONG PARK
35459 Prairie Road
This neighborhood park is in the Windsong area of Wildomar. The park includes tot-lot for ages 2-5 yrs., basketball court, a Little Free Library, concrete walkway around the perimeter of the park, picnic tables and picnic shelters.

MALAGA PARK
32038 Mission Trail
The newest of the city parks and it serves as a gateway to the City of Wildomar when traveling from the City of Lake Elsinore. The park amenities include a perimeter walkway, wooden shade arbors, a decorative rock feature near the Welcome to Wildomar/Malaga Park Monument, a Little Free Library, and has a beautiful view of the Cleveland National Forest Mountains. 3 65
4 66

MAINTENANCE AND OPERATIONS SUMMARY
The daily upkeep and maintenance of the City’s four parks is supported through a combination of City staff and contracted janitorial and security services. In August 2024, the City transitioned landscape maintenance operations from contracted services to inhouse maintenance performed exclusively by City staff. This transition enhanced the City’s ability to directly manage park maintenance activities, respond to service needs, and maintain consistent operational standards across all park facilities.

These combined services are essential to preserving the overall appearance, functionality, and condition of each park and its associated amenities. In addition, City staff conducts routine daily inspections to confirm that park facilities are maintained at an appropriate service level and remain safe, clean, and suitable for public use.

During FY24-25, the following contractors provided routine services:
• IE Landscape: July 2024
• Commercial Building Management: July – December
• Allied Universal Janitorial Services: January - June
• Absolut International Security
Throughout the year, larger maintenance items and projects are carried out to maximize utility at each park location. The following pages highlight these items and report the water usage for each park.
5 67
MARNA O’BRIEN
The regular landscape services that were performed at Marna O’Brien during this period include weekly mowing during the warm season, leaf and debris removal during the fall season, quarterly turf fertilization, shrub trimming, irrigation oversight, and upkeep of the parking lot and curbing.

REGENCY HERITAGE
City landscape maintenance staff provided ongoing weekly services at this location throughout the year, including ground cover maintenance, shrub trimming, and routine cleaning of the swale way and Trailwood Court drainage channel.

The City’s janitorial contractor performed daily maintenance services consisting of trash receptacle servicing and liner replacement, debris removal throughout the park, and monitoring and confirming gate accessibility during and following rain events.

Following seasonal rain events, the decomposed granite (DG) surface within the dog park areas required routine repairs. During this reporting period, all repair work was completed exclusively by City maintenance staff and included leveling, grading, and compacting rutted surfaces within both the large and small dog park enclosures to maintain safe and accessible conditions for park users. 6 68

WINDSONG
The City’s landscape maintenance contractor performed weekly maintenance services throughout the year, including seasonal mowing operations during the warmer months, leaf and debris removal during the fall season, quarterly turf fertilization, shrub trimming, and routine irrigation system oversight to support overall park appearance and landscape health.

The janitorial contractor provided daily maintenance services at Windsong Park, which included the removal and replacement of trash can liners, debris removal throughout the park, and clearing of pedestrian walkways. In addition, the park’s portable restroom and handwashing station were serviced twice weekly to maintain cleanliness and functionality for park users.

MALAGA “GATEWAY” PARK
The City’s landscape maintenance contractor performed weekly services at this location, including shrub trimming, decomposed granite (DG) walkway maintenance, and routine irrigation system oversight to support the overall condition and appearance of the site.

The janitorial contractor provided daily maintenance services consisting of trash receptacle servicing and liner replacement, debris removal throughout the site, and routine upkeep of the DG walkways.

No additional maintenance or improvement services were performed at this location during the reporting period.
7 69

WATER USAGE
*Rates during FY24-25
Landscape Irrigation Rate Commercial Water Rate
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FISCAL YEAR Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 22-23 1,592.00 1,396.00 803.00 339.00 187.00 6.00 10.00 8.00 10.00 288.00 684.00 978.00 FY 23-24 1,360.00 1,131.00 896.00 950.00 232.00 107.00 16.00 11.00 55.00 141.00 660.00 1,052.00 FY 24-25 1,415.00 1,822.00 1,086.00 957.00 205.00 312.00 167.00 11.00 17.00 776.00 874.00 1,461.00

CENTUM CUBIC FEET (CCF) USED - MARNA O'BRIEN PARK
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
FY 22-23 FY 23-24 FY 24-25
FY 24-25
Tier 1: $4.08
Tier 2: $7.84
Tier 3: $10.98
FY 24-25
Tier 1: $4.03
8 70

WATER USAGE
*Rates during FY 24-25
Landscape Irrigation Rate
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FISCAL YEAR Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 22-23 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 FY 23-24 0.00 3.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 FY 24-25 0.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00

CENTUM CUBIC FEET (CCF) USED - REGENCY HERITAGE PARK
1 1
2 2
3 3
4 FY 22-23 FY 23-24 FY 24-25
FY 24-25
Tier 1: $4.08
Tier 2: $7.84
Tier 3: $10.98
9 71

WATER USAGE
*Rates during FY 24-25
Recycled Irrigation Rate
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FISCAL YEAR Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 22-23 235.00 279.00 122.00 70.00 42.00 0.00 0.00 0.00 3.00 150.00 113.00 242.00 FY 23-24 354.00 254.00 167.00 135.00 33.00 51.00 1.00 21.00 10.00 147.00 91.00 242.00 FY 24-25 296.00 313.00 300.00 88.00 92.00 0.00 60.00 0.00 187.00 117.00 131.00 340.00

CENTUM CUBIC FEET (CCF) USED - WINDSONG PARK
50 100
150
200
250
300
350
400
FY 22-23 FY 23-24 FY 24-25
FY 24-25
Tier 1: $2.83
Tier 2: $4.87
Tier 3: $6.24
10 72

WATER USAGE
*Rates during FY 24-25
Landscape Irrigation Rate
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FISCAL YEAR Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 22-23 66.00 64.00 64.00 59.00 0.00 0.00 0.00 0.00 0.00 48.00 66.00 59.00 FY 23-24 61.00 63.00 59.00 66.00 44.00 20.00 20.00 17.00 19.00 19.00 18.00 36.00 FY 24-25 90.00 114.00 63.00 41.00 27.00 30.00 33.00 2.00 0.00 3.00 30.00 4.00

CENTUM CUBIC FEET (CCF) USED - MALAGA PARK
20 40
60 80
100
120
FY 22-23 FY 23-24 FY 24-25
FY 24-25
Tier 1: $4.08
Tier 2: $7.84
Tier 3: $10.98
11 73

MEASURE Z'S OVERSIGHT AND ADVISORY

COMMITTEE MEMBER COMMENTS
Consistent with the requirements of City of Wildomar Municipal Code 3.18.040 – Annual Report, the following are comments from the Committee (presiding at 6-30-2021) regarding “…(a) the amount of funds collected and expended, and (b) the status of the community park and community park facilities, programs and services funded by the tax proceeds raised pursuant to this chapter, including the costs of staff, utilities, materials, contract services and other items related to the repair and maintenance of community parks and community park facilities.”
The following pages are from the Advisory Committee Members comments for each park location. The following committee members provided their inspections of the park locations:

ATTACHMENT A – Kristi Bergdahl
12 74

ATTACHMENT A
Measure Z Oversight Advisory Committee
July 2024 - June 2025
Wildomar parks annual inspections
conducted by the presiding committee members:

Kristi Bergdahl
13 75
14 76
15 77
16 78
17 79
18 80
19 81
20 82
21 83
22 84
23 85
24 86
25 87
26 88
27 89
28 90

ANNUAL FINANCIAL SUMMARY
Total Measure Z revenues for FY 2024-25 were $392,913, an increase of $20,226 from last year’s $372,687. The expenditures were $324,554, which is a decrease of $58,031 from $382,585. The decrease in expenditures is primarily due to contributions from Community Facilities Districts to over City park maintenance.

The fund balance on June 30, 2025, was $34,797, an increase of $68,359 from last year’s deficit of -$33,562.

The following Audited Financial Statements were prepared by the City's external auditors Roger, Anderson, Malody & Scott, LLP.
29 91

WILDOMAR MEASURE Z PARK FUND

CITY OF WILDOMAR, CALIFORNIA

FUND FINANCIAL STATEMENTS
FOR THE YEAR ENDED JUNE 30, 2025
Prepared By:

The City of Wildomar
Finance Department
30 92
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
For the year ended June 30, 2025
Table of Contents
Page
Independent Auditor’s Report 1
Fund Financial Statements:

Fund Financial Statements
Balance Sheet - Governmental Fund 4
Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund 5
Notes to Financial Statements 6
Required Supplementary Information:

Notes to Required Supplementary Information 11
Budgetary Comparison Schedule 12
Report on Internal Control over Financial Reporting and on Compliance and other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 13
31 93
Tel. 909-889-0871 | www.ramscpa.net | 735 E. Carnegie Dr. Suite 100, San Bernardino, CA 92408

CERTIFIED PUBLIC ACCOUNTANTS
1 Independent Auditor’s Report
To the Honorable City Council
City of Wildomar, California
Report on the Audit of the Financial Statements
Opinion
We have audited the financial statements of the Measure Z Park Fund (the Fund), a special revenue fund of the City of Wildomar, as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the Fund’s basic financial statements as listed in the table of contents.

In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the financial position of the Fund, as of June 30, 2025, and the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards).

Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Fund and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Emphasis of Matter
As discussed in Note 1, the financial statements present only the Measure Z Special Revenue Fund and do not purport to, and do not, present fairly the financial position of the City of Wildomar, California, as of June 30, 2025, or the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
32 94
2 Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
 Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Fund’s internal control. Accordingly, no such opinion is expressed.
 Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
 Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Fund’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit.

Required Supplementary Information
Management has omitted the management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the fund financial statements. Such missing information, although not a part of the Fund’s basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the fund financial statements in an appropriate operational, economic, or historical context. Our opinion on the fund financial statements is not affected by this missing information.

33 95
3 Accounting principles generally accepted in the United States of America require that the required supplementary information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 3, 2026, on our consideration of Fund’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Fund’s internal control over financial reporting and compliance.

San Bernardino, CA
March 3, 2026
34 96

FUND FINANCIAL STATEMENTS
35 97
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Balance Sheet
Governmental Fund
June 30, 2025
The accompanying notes are an integral part of this statement. 4 ASSETS
Cash and investments 57,527 $
Due from other governments 20,523
Total assets 78,050 $

LIABILITIES
Accounts payable $ 38,505
Accrued liabilities 4,748
Total liabilities 43,253

FUND BALANCE
Restricted for:

Culture and recreation 34,797
Total fund balance 34,797
Total liabilities and fund balance 78,050 $
36 98
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Statement of Revenues, Expenditures and Changes in Fund Balance Governmental Fund
For the year ended June 30, 2025
The accompanying notes are an integral part of this statement. 5 REVENUES
Intergovernmental 381,523 $
Charges for services 11,390
Total revenues 392,913

EXPENDITURES
Current:

Culture and recreation 316,705
Debt service:

Principal retirement 1,022
Interest 607
Capital outlay 6,220
Total expenditures 324,554
Net change in fund balance 68,359

FUND BALANCE (DEFICIT)
Beginning of year (33,562)
End of year 34,797 $
37 99
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Notes to Financial Statements
For the year ended June 30, 2025
6 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Description of the Reporting Entity
The Wildomar Measure Z Park Fund (the Fund) was established on November 6, 2012, pursuant to voter-approved annual parcel assessment to assist in the funding of park operations and related activities. On February 13, 2013, the City Council approved Resolution 2013-5 establishing the Measure Z Oversight and Advisory Committee and appointing 5 residents as committee members.

The Measure Z Park Fund is included as a special revenue fund of the City of Wildomar (the City) and, accordingly, the accompanying fund financial statements are included as a special revenue fund of the fund financial statements prepared by the City. The accompanying financial statements are intended to reflect the financial position of operations for the Measure Z Park Fund, under the current financial resources measurement focus and the modified accrual basis of accounting only and do not purport to, and do not, present the financial position of the City of Wildomar, California. Separate financial statements are prepared for the City of Wildomar, and may be obtained from the City.

B. Measurement Focus, Basis of Accounting and Financial Statements Presentation Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due.

C. Assets, Deferred Outflows/Inflows of Resources, Liabilities, and Fund Balance Cash and Investments
The Fund currently pools it cash and investments with the City of Wildomar and follows the City’s investment policies. The City's cash and cash equivalents are considered to be cash on hand, demand deposits, and short-term investments with original maturities of three months or less from the date of acquisition. For financial statement presentation purposes, cash and investments are shown as both restricted and unrestricted cash and investments in the governmental funds.
38 100
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Notes to Financial Statements
For the year ended June 30, 2025
7 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Assets, Deferred Outflows/Inflows of Resources, Liabilities, and Fund Balance (continued)
Investments are reported at fair value. The City's policy is to hold investments until maturity or until market values equal or exceed cost. The State Treasurer's Investment Pool operates in accordance with appropriate state laws and regulations. The reported value of the pool is the same as the fair value of the pool shares.

Deferred Outflows/Inflows of Resources
In addition to assets, the balance sheet will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. Currently, the Fund does not report any deferred outflows of resources.

In addition to liabilities, the balance sheet will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. Currently, the Fund does not report any deferred inflows of resources.

Fund Balance
In the fund financial statements, government funds report the following fund balance classification:

Nonspendable include amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact.

Restricted include amounts that are constrained on the use of resources by either, (a) external creditors, grantors, contributions, or laws of regulations of other governments or (b) by law through constitutional provisions or enabling legislation.

Committed include amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest authority, the City Council.

The formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution.

Assigned include amounts that are constrained by the government's intent to be used for specific purposes, but are neither restricted nor committed. The City Manager is authorized to assign amounts to a specific purpose, which was established by the governing body in Resolution No. 2011-32 approved on June 21, 2011.
39 101
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Notes to Financial Statements
For the year ended June 30, 2025
8 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Assets, Deferred Outflows/Inflows of Resources, Liabilities, and Fund Balance (continued)
Unassigned include the residual amounts that have not been restricted, committed, or assigned to specific purposes.

When both restricted and unrestricted resources are available for use, it is the Fund's policy to use restricted resources first, and then unrestricted resources as they are needed. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is used first, followed by assigned fund balance. Unassigned fund balance is applied last.

Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, and deferred outflows/inflows of resources, and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures/expenses during the reported period. Actual results could differ from those estimates.

Functional Classifications
Expenditures of the governmental funds are classified by function. Functional classifications are defined as follows:
 Culture and Recreation which includes activities which provide recreation, cultural and educational services.

Encumbrances
Encumbrances are estimations of costs related to unperformed contracts for goods and services.

These commitments are recorded for budgetary control purposes in the fund. Encumbrances represent the estimated amount of the expenditure ultimately to result if unperformed contracts in process at year-end are completed. They do not constitute expenditures or estimated liabilities.

Budget Basis of Accounting
Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP).

40 102
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Notes to Financial Statements
For the year ended June 30, 2025
9 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Assets, Deferred Outflows/Inflows of Resources, Liabilities, and Fund Balance (continued)
Lease expenditure
The Fund currently makes lease principal and interest payments. See the City’s notes for details. 2) CASH AND INVESTMENTS
The Measure Z Park Fund’s cash is pooled with the City of Wildomar's cash and investments in order to generate optimum interest earnings. The information required by accounting standards related to authorized investments, credit risk, etc. is available in the annual comprehensive financial report of the City. Currently, the Fund does not have a cash deficit in pooled cash and investments.
3) FAIR VALUE MEASUREMENTS
Accounting standards currently provide the framework for measuring fair value. The framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value with Level 1 given the highest priority and Level 3 the lowest priority. The three levels of the fair value hierarchy are as follows:

Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities that the organization has the ability to access at the measurement date.

Level 2 inputs are inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly. Level 2 inputs include the following:
 Quoted prices for similar assets or liabilities in active markets.  Quoted prices for identical or similar assets or liabilities in markets that are not active.  Inputs other than quoted prices that are observable for the asset or liability (for example, interest rates and yield curves observable at commonly quoted intervals, volatilities, prepayment speeds, loss severities, credit risks, and default rates).  Inputs that are derived principally from or corroborated by observable market data by correlation or other means (market-corroborated inputs).

Level 3 inputs are unobservable inputs for the asset or liability.

41 103
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Notes to Financial Statements
For the year ended June 30, 2025
10 3) FAIR VALUE MEASUREMENTS (continued)
As explained in Note 2, the Measure Z Fund has its investments pooled with the City. The cash and investments reflected is a portion of the City's overall cash and investments. Refer to the City's financial statements for additional information relating to categorization of investment types. 4) COMMITMENTS AND CONTINGENCIES
As of June 30, 2025, in the opinion of the City's Administration, there are no outstanding matters which would have a significant effect on the financial condition of the Measure Z Park Fund. 42 104

REQUIRED SUPPLEMENTARY INFORMATION
43 105
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Notes to Required Supplementary Information
For the year ended June 30, 2025
11 Budgetary Comparison Information
General Budget Policies
The City Council approves each year's budget prior to the beginning of the new fiscal year. Public hearings are conducted prior to its adoption by the Council. Supplemental appropriations, where required during the period, are also approved by the Council. In most cases, expenditures may not exceed appropriations at the function level. At fiscal year-end, all operating budget appropriations lapse. The following functions had expenditures which exceeded budgeted appropriations:

Final Actual
budget amount Variance
Debt service:

Principal retirement $ 1,022 - $ (1,022) $
Interest 607 - (607)
Capital outlay 5,300 6,220 (920)
Encumbrances
Encumbrances are estimations of costs related to unperformed contracts for goods and services.

Budget Basis of Accounting
Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP).
44 106
City of Wildomar
Wildomar Measure Z Park Fund
Fund Financial Statements
Required Supplementary Information
Budgetary Comparison Schedule
For the year ended June 30, 2025
12 Actual Variance with
Original Final Amounts Final Budget
Budgetary fund balance, beginning of year $ (33,562) (33,562) $ (33,562) $ $ - Resources (Inflows):

Intergovernmental 412,100 412,100 381,523 (30,577)
Charges for services 12,100 12,100 11,390 (710)
Investment earnings 100 100 (100) -
Amounts available for appropriations 390,738 390,738 359,351 (31,387) Charges to Appropriations (Outflows):

Current:

Culture and recreation 414,000 378,200 316,705 61,495
Debt service:

Principal retirement - - 1,022 (1,022)
Interest - - 607 (607)
Capital outlay - 5,300 6,220 (920)
Total charges to appropriations 414,000 383,500 324,554 58,946 Budgetary fund balance, end of year $ 7,238 (23,262) $ 34,797 $ 27,559 $ Budgeted Amounts
45 107
Tel. 909-889-0871 | www.ramscpa.net | 735 E. Carnegie Dr. Suite 100, San Bernardino, CA 92408

CERTIFIED PUBLIC ACCOUNTANTS
-13-

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON

COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL

STATEMENTS PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable City Council
City of Wildomar, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the Measure Z Park Fund (the Fund), a special revenue fund of the City of Wildomar, as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the Fund’s basic financial statements, and have issued our report thereon dated March 3, 2026.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Fund’s internal control over financial reporting (internal control) as a basis for designing procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Fund’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Fund’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Fund’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.

However, material weaknesses or significant deficiencies may exist that were not identified. 46 108
-14-
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Fund’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Fund’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Fund’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

San Bernardino, California
March 3, 2026
47 109

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: June 10, 2026
SUBJECT: Acceptance of FY2024-25 Measure AA Annual Report SUBMITTED BY: Adam Jantz, Finance Manager
PREPARED BY: Adam Jantz, Finance Manager
ACTION:

Review and Accept the Measure AA Oversight Advisory Committee Annual Report for FY 2024-25.

SUMMARY:

Measure AA Oversight Advisory Committee FY2024-25 Annual Report DISCUSSION:

On May 28th, 2026, the third quarter meeting was held with the Citizen’s Measure AA Oversight Advisory Committee (“Committee”) to receive and comment on the FY2024-25 Measure AA Annual Report. After being received, reviewed, and accepted by the Committee, the report is now being presented to the City Council for approval. This annual report provides detail and discussion of the revenue, expenditures, and activities conducted utilizing Measure AA funds. It also contains the audited financial statements that have been certified by the independent auditing firm retained by the City.

ACCOUNT CODE:

Fund 120
FISCAL IMPACT:

This item is only for acceptance of the report and does not contain any additional appropriations or budget adjustments.

ATTACHMENTS:

Measure AA FY2024-25 Annual Report.pdf
110

MEASURE AA

ANNUAL REPORT
FISCAL YEAR 2024-2025
Oversight Advisory Committee
Kathleen Kovich, Chair
Hannah Rinehart, Vice Chair
Carlos Hernandez, Committee Member
Mishael Izzy Israel, Committee Member
David Johansen, Committee Member
111
Measure AA FY 2024-2025 Annual Committee Report
Report from the Committee
On November 6, 2018, Wildomar residents voted on a 1-cent sales tax (Measure AA) to fund the services from police, fire, homelessness programs, and the maintenance and improvement of city roads. The election results were certified by the Riverside County Register of Voters and the Measure was approved by 58.67% of the Wildomar residents who voted.

At the February 13, 2019 City Council meeting, the Council adopted Resolution 2019-12 which established the organization, objectives, and responsibilities of the committee per the requirements of Ordinance No. 161, which was the ordinance enacting the voter-approved Transaction and Use Tax referred to as Measure AA.

The inaugural Measure AA committee members were appointed by the City Council at their June 10, 2019 meeting, and began their bi-annual review meetings on August 22, 2019. The committee met three times in the 2019-2020 fiscal year. At the June 11, 2020 meeting, the committee voted to meet on a quarterly basis. In accordance with this decision, the members of the committee met quarterly during the 2024-2025 fiscal year.

The current committee members at the time of this report are:

Kathleen Kovich, Chair
Hannah Rinehart, Vice Chair
Carlos Hernandez, Committee Member
Mishael Izzy Israel, Committee Member
David Johansen, Committee Member
The committee has reviewed the budgetary and financial information provided to them by staff, asked questions about the information for clarity and understanding, and accepted the staff’s reports. The enclosed audited financial statements were completed by the firm of Rogers, Anderson, Malody, & Scott, LLP, Certified Public Accountants of Riverside, CA. Their opinion is as follows:
“In our opinion, the accompanying financial statements present fairly, in all material respects, the respective financial position of the Fund as of June 30, 2025, and the changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.”
The following pages cover the services funded for the Police Department, Fire Department, the Homelessness Program / Code Enforcement, and the Public Works Road Engineering and Maintenance program.
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Measure AA FY 2024-2025 Annual Committee Report
Financial Summary
The FY2024-25 Measure AA budget was first approved by City Council on June 14th, 2023 as part of the City’s FY2023-24 & FY2024-25 Biennial Budget. One year later on June 12th, 2024, the city council approved the revised FY2024-25 Amended Budget as part of the annual budget adoption process. As of July 1st, 2024 the Measure AA audited Fund Balance was $7,938,190.

The June 12th, 2024 Amended Budget adopted $6,000,000 in revenues and $7,849,900 in expenditures for Measure AA. During the course of the fiscal year, City Council approved several adjustments to the budgeted amounts. The final 4th Quarter Adjusted Budget Report projected estimated revenues of $6,178,400 and appropriations of $4,938,900. Of the revenues, $5,700,000 was projected sales and use tax revenue. With these approved budget changes the estimated ending fund balance was $9,177,690.

During FY2024-2025 the actual sales and use tax revenues collected were $5,940,906 or $240,906 above the estimated sales tax revenues budgeted at 4th quarter. Additional revenues of $546,600 from interest income was also added to the fund for a revenue total of $6,487,506. Combined with the July 1st, 2024 Fund Balance, Measure AA had $14,425,696 in available resources.

Actual expenditures were $4,130,473 or $808,427 less than the budgeted final expenditures.

The year-end fund balance was $10,295,223 or $1,117,533 above the final budgeted estimate.

The following summarizes the fiscal data included in the FY2024-2025 Audited Annual Financial Report for Measure AA.

Fund Balance July 1st, 2024 $ 7,938,190
Plus Revenues $ 6,487,506
Less Expenditures $ (4,130,473)
Fund Balance June 30th, 2025 $ 10,295,223
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Measure AA FY 2024-2025 Annual Committee Report
Revenues
The Measure AA actual revenues totaled $6,487,506. There was an favorable variance of $309,106 above the final budget of $6,178,400. Revenues for the fiscal year consisted of sales and use tax remittances totaling $5,940,906 and interest income of $546,600.

Sales and Use Tax Revenues for FY 2025-2026
July - Sept. Sales and Use Tax Revenues $1,446,584
Oct. - Dec. Sales and Use Tax Revenues $1,603,386
Jan. - Mar. Sales and Use Tax Revenues $1,408,517
Apr. - Jun. Sales and Use Tax Revenues $1,482,419
Interest Income $ 546,600
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Measure AA FY 2024-2025 Annual Committee Report
Police Department
Original Budget $ 968,100
Adjusted Budget $1,354,200
Actual Expenses $1,346,827
The Measure AA funded police services began on July 1, 2019, and included the addition of traffic enforcement patrols and motorcycle funded by AA. Starting in FY2020-21 the City added a Community Services Officer and Community Patrol Officer. From FY2021-22 and on the City initiated a contract with Flock Safety to place Automated License Plate Reader Cameras throughout the City to identify criminal activity. In FY2023-24 a replacement motorcycle was needed and purchased with AA funds. Most recently in FY2024-25 a second motor officer and motorcycle was approved to begin in FY 2025-26.

The actual expenditures are categorized as follows:

A favorable variance of $7,373 occurred at year-end as the contractual law enforcement services actual costs were slightly below the adjusted budget estimate.

Motor Traffic Officers
Traffic Collisions
Traffic Citations
414
2,020
Police Department Services $ 1,246,269
PD Fuel, Maintenance, Equipment, and Supplies $ 48,058
Automatic License Plate Reader (Flock) Cameras $ 52,500 5 115
Measure AA FY 2024-2025 Annual Committee Report
Fire Department
Original Budget $1,954,600
Adjusted Budget $1,954,600
Actual Expenses $1,533,136
The Measure AA fire department services began on January 6, 2020, with the purchase of a medic squad truck. The medic squad team and support services are funded with Measure AA revenue. In 2021, the City began providing weed abatement services utilizing shared County staff. In May 2023, the City contracted with Riverside County for a dedicated Fire Marshal to provide fire prevention services. A portion of this position is allocated to Measure AA for weed abatement services.

The actual expenditures are categorized as follows:

Fire Department Services $1,532,549
Vehicles $ 587
A favorable budget variance of $421,464 was achieved at year-end from the Fire Department activities. The favorable variance was due to the County Fire Department’s use of top-step cost estimates for the budgeted positions.

Medic Squad Call Responses 1,573
Weed Abatement Inspections 1,177
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Measure AA FY 2024-2025 Annual Committee Report
Code Enforcement
Homelessness Program
Original Budget $561,100
Adjusted Budget $561,100
Actual Expenses $370,114
The Homelessness Program began on April 1, 2020 to provide services to unsheltered individuals within the City limits. Prior to FY2022-2023, outreach services were performed by a contractor. The contract came to an end March 2023 and the City’s Code Enforcement department took over coordinating homeless services. Beginning in the spring of 2024, the City of Wildomar partnered with the City of Murrieta and Project Touch to provide supplemental outreach and supportive housing for unsheltered residents.

The actual expenditures are categorized as follows:

A favorable budget variance of $190,986 when compared to the adjusted budget was achieved at year-end from the Code Enforcement - Homelessness Program activities. This was due to the budget assuming bed utilization at full capacity though the actual use was less throughout the course of the year.

Total Contacts 150
Bed Utilizations 1,829
Homelessness Administration $12,865
Code Enforcement Services $107,873
Shelter & Outreach Services $234,788
Radio Communications and Vehicles $14,588
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Measure AA FY 2024-2025 Annual Committee Report
Public Works Road Engineering and
Maintenance Services
Original Budget $4,342,100
Adjusted Budget $1,044,500
Actual Expenses $ 856,746
The Public Works-Road Maintenance services began on July 1, 2019. In FY2024-25 the City established an in-house maintenance crew funded in part by Measure AA funding. To support the new crew a new vehicle was purchased for daily use. Contract maintenance support concluded at the end of the fiscal year. The crew performed road related repairs and removed dumped materials. In addition to these services funding also supported authorized projects related to road widening and road safety. Detailed project information is available in the annual Capital Improvement Program (CIP) report.

The actual expenditures are categorized as follows:

Road Maintenance Projects and Services $ 729,548
Vehicles, Equipment, Supplies $ 124,853
Legal Services $ 2,344
A favorable budget variance of $187,754 was achieved at year-end from the Public Works Road Engineering and Maintenance enhanced services. The savings were achieved due to lower-than-anticipated expenditures on capital projects.

Potholes Repaired (sq ft) 16,188
Signs Installed 403
Trees Trimmed 199
Posts Installed 153
Hours Removing Dumps 90
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Measure AA FY 2024-2025 Annual Committee Report
Financial Audit and Measure AA Committee
Admin Expenditures Attributed Directly to
Measure AA
Original Budget $ 24,000
Adjusted Budget $ 24,500
Actual Expenses $ 23,650
Each year certain expenditures will not be tied to any of the individual programs as they are administrative in nature and directly related to the Measure AA Fund. The City works to ensure that those expenditures are directly tied to the Measure AA approved expenditures before payment.

The actual expenditures are categorized as follows:

Auditor Services for Measure AA Report $ 3,680
Banking & Admin Cost $ 5,120
City Clerk $ 14,851
A favorable budget variance of $850 occurred during the fiscal year due to fewer administrative costs for Measure AA than originally expected.
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Measure AA FY 2024-2025 Annual Committee Report
Conclusion
The Measure AA Advisory and Oversight Committee submits this report to the City Council, and finds the actual use of funds consistent with the City Council’s approved budgets for public services.
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Measure AA FY 2024-2025 Annual Committee Report
Fiscal Year 2024-2025
Audited Financial Statement
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WILDOMAR MEASURE AA FUND

CITY OF WILDOMAR, CALIFORNIA

FUND FINANCIAL STATEMENTS
FOR THE YEAR ENDED JUNE, 30 2025
Prepared By:

The City of Wildomar
Finance Department
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City of Wildomar
Wildomar Measure AA Fund
Fund Financial Statements
For the year ended June 30, 2025
Table of Contents
Page
Independent Auditor’s Report 1
Financial Statements:

Notes to Required Supplementary Information 11
Budgetary Comparison Schedule 12
Report on Internal Control over Financial Reporting and on Compliance and other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 13
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CERTIFIED PUBLIC ACCOUNTANTS
1 Independent Auditor’s Report
To the Honorable City Council
City of Wildomar, California
Report on the Audit of the Financial Statements
Opinion
We have audited the financial statements of the Measure AA Fund (the Fund), a special revenue fund of the City of Wildomar, California, as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the Fund’s basic financial statements as listed in the table of contents.

In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the financial position of the Fund, as of June 30, 2025, and the changes in its financial position, for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Emphasis of Matter
As discussed in Note 1, the financial statements present only the Measure AA Special Revenue Fund and do not purport to, and do not, present fairly the financial position of the City of Wildomar, California, as of June 30, 2025, or the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.

Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
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2 Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

Required Supplementary Information
Management has omitted the management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the fund financial statements. Such missing information, although not a part of the Fund’s basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the fund financial statements is not affected by this missing information.

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3 Accounting principles generally accepted in the United States of America require that the required supplementary information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 3, 2026 on our consideration of Fund’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Fund’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Fund’s internal control over financial reporting and compliance.

San Bernardino, CA
March 3, 2026
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FUND FINANCIAL STATEMENTS
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City of Wildomar
Wildomar Measure AA Fund
Balance Sheet
Governmental Fund
June 30, 2025
The accompanying notes are an integral part of this statement. 4 ASSETS
Cash and investments 9,924,510 $
Receivables 32,025
Due from other governments 1,056,117
Total assets 11,012,652 $

LIABILITIES
Accounts payable 717,429 $
Total liabilities 717,429

FUND BALANCE
Committed for:

Public safety, street maintenance and homelessness solutions 10,295,223 Total fund balance 10,295,223
Total liabilities and fund balance $ 11,012,652
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City of Wildomar
Wildomar Measure AA Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Governmental Fund
For the year ended June 30, 2025
The accompanying notes are an integral part of this statement. 5 REVENUES
Taxes 5,940,906 $
Investment earnings 546,600
Total revenues 6,487,506

EXPENDITURES
Current:

General government 23,650
Public safety 2,809,929
Community development 145,536
Culture and recreation 224,578
Public works 848,258
Capital outlay 78,522
Total expenditures 4,130,473
Net change in fund balance 2,357,033

FUND BALANCE
Beginning of year 7,938,190
End of year $ 10,295,223
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City of Wildomar
Wildomar Measure AA Fund
Notes to the Financial Statements
For the year ended June 30, 2025
6 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
A. Description of the Reporting Entity
The Wildomar Measure AA Fund (the Fund) was established on November 6, 2018 (Ordinance No. 161), pursuant to voter-approved local transactions (sales) and use tax that are intended to be used for the enhancement of police and fire services, road maintenance and homelessness solutions within the City of Wildomar (the City).

The Measure AA Fund is included as a special revenue fund of the City and, accordingly, the accompanying fund financial statements are included as a special revenue fund of the fund financial statements prepared by the City. The accompanying financial statements are intended to reflect the financial position and operations for the Measure AA Fund, under the current financial resources measurement focus and the modified accrual basis of accounting, only and do not purport to, and do not, present the financial position of the City of Wildomar, California.

Separate financial statements are prepared for the City of Wildomar, and may be obtained from the City.

B. Measurement Focus, Basis of Accounting, and Financial Statement Presentation Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due.

Investments are reported at fair value. The City's policy is to hold investments until maturity or until market values equal or exceed cost. The State Treasurer's Investment Pool operates in accordance with appropriate state laws and regulations. The reported value of the pool is the same as the fair value of the pool shares.
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City of Wildomar
Wildomar Measure AA Fund
Notes to the Financial Statements
For the year ended June 30, 2025
7 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Assets, Deferred Outflows/Inflows of Resources, Liabilities, and Fund Balance (continued)
Deferred Outflows/Inflows of Resources
In addition to assets, the balance sheet will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. Currently, the Fund does not report any deferred outflows of resources.

Fund Balance
In the fund financial statements, government funds report the following fund balance classification:

Nonspendable include amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact.

Committed include amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest authority, the City Council.

The formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution or ordinance.

Unassigned include the residual amounts that have not been restricted, committed, or assigned to specific purposes.
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City of Wildomar
Wildomar Measure AA Fund
Notes to the Financial Statements
For the year ended June 30, 2025
8 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Assets, Deferred Outflows/Inflows of Resources, Liabilities, and Fund Balance (continued)
When both restricted and unrestricted resources are available for use, it is the Fund's policy to use restricted resources first, and then unrestricted resources as they are needed. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is used first, followed by assigned fund balance. Unassigned fund balance is applied last.

Functional Classifications
Expenditures of the governmental funds are classified by function. Functional classifications are defined as follows:
 General Government includes legislative activities, City Clerk, City Attorney, City Manager as well as management or supportive services across more than one functional area.
 Public Safety includes those activities which involve police protection, fire protection and animal control services.
 Community Development includes those activities which involve planning, building and safety and code enforcement.
 Culture and Recreation which includes activities which provide recreation, cultural and educational services
 Public Works includes all maintenance, engineering and capital improvements which relate to streets and other public facilities.

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City of Wildomar
Wildomar Measure AA Fund
Notes to the Financial Statements
For the year ended June 30, 2025
9 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) C. Assets, Deferred Outflows/Inflows of Resources, Liabilities, and Fund Balance (continued)
Encumbrances
Encumbrances are estimations of costs related to unperformed contracts for goods and services.

Budget Basis of Accounting
Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP).
2) CASH AND INVESTMENTS
The Measure AA Fund’s cash is pooled with the City of Wildomar's cash and investments in order to generate optimum interest earnings. The information required by accounting standards related to authorized investments, credit risk, etc. is available in the annual comprehensive financial report of the City. Currently, the Fund has $9,924,510 in pooled cash and investments. 3) FAIR VALUE MEASUREMENTS
Accounting standards currently provide the framework for measuring fair value. The framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value with Level 1 given the highest priority and Level 3 the lowest priority. The three levels of the fair value hierarchy are as follows:

Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities that the organization has the ability to access at the measurement date.

Level 2 inputs are inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly. Level 2 inputs include the following:
 Quoted prices for similar assets or liabilities in active markets.  Quoted prices for identical or similar assets or liabilities in markets that are not active.  Inputs other than quoted prices that are observable for the asset or liability (for example, interest rates and yield curves observable at commonly quoted intervals, volatilities, prepayment speeds, loss severities, credit risks, and default rates). 23 133
City of Wildomar
Wildomar Measure AA Fund
Notes to the Financial Statements
For the year ended June 30, 2025
10 3) FAIR VALUE MEASUREMENTS (continued)
 Inputs that are derived principally from or corroborated by observable market data by correlation or other means (market-corroborated inputs).

Level 3 inputs are unobservable inputs for the asset or liability.

As explained in Note 2, the Measure AA Fund has its investments pooled with the City. The cash and investments reflected is a portion of the City's overall cash and investments. Refer to the City's financial statements for additional information relating to categorization of investment types. 4) COMMITMENTS AND CONTINGENCIES
As of June 30, 2025, in the opinion of the City's Administration, there are no outstanding matters which would have a significant effect on the financial condition of the Measure AA Fund. 24 134

REQUIRED SUPPLEMENTARY INFORMATION
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City of Wildomar
Wildomar Measure AA Fund
Notes to Required Supplementary Information
For the year ended June 30, 2025
11 Budgetary Comparison Information
General Budget Policies
The City Council approves each year's budget prior to the beginning of the new fiscal year. Public hearings are conducted prior to its adoption by the Council. Supplemental appropriations, where required during the period, are also approved by the Council. In most cases, expenditures may not exceed appropriations at the function level. At fiscal year-end, all operating budget appropriations lapse. There were no functions which had expenditures exceeding budgeted appropriations. A separate budget document may be obtained from the City.

Encumbrances
Encumbrances are estimations of costs related to unperformed contracts for goods and services.

These commitments are recorded for budgetary control purposes in the Fund. Encumbrances represent the estimated amount of the expenditure ultimately to result if unperformed contracts in process at year-end are completed. They do not constitute expenditures or estimated liabilities.

Budget Basis of Accounting
Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP).
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City of Wildomar
Wildomar Measure AA Fund
Required Supplementary Information
Budgetary Comparison Schedule
For the year ended June 30, 2025
12 Original Final
Actual
Amounts
Variance with
Final Budget
Budgetary fund balance, beginning of year $ 7,938,190 $ 7,938,190 $ 7,938,190 $ - Resources (inflows):

Taxes 5,129,500 5,700,000 5,940,906 240,906
Investment earnings 150,000 478,400 546,600 68,200
Amounts available for appropriations 13,217,690 14,116,590 14,425,696 309,106 Charges to appropriations (outflow):

Current:

General government 24,300 24,300 23,650 650
Public safety 2,764,200 3,243,200 2,809,929 433,271
Community development 391,300 190,200 145,536 44,664
Culture and recreation - 365,900 224,578 141,322
Public works 1,602,800 1,036,000 848,258 187,742
Capital outlay 45,000 79,300 78,522 778
Total Charges to Appropriations 4,827,600 4,938,900 4,130,473 808,427 Budgetary fund balance, end of year $ 8,390,090 $ 9,177,690 $ 10,295,223 $ 1,117,533 Budgeted Amounts
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CERTIFIED PUBLIC ACCOUNTANTS
-13-

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON

COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL

STATEMENTS PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable City Council
City of Wildomar, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the Measure AA Fund (the Fund), a special revenue fund of the City of Wildomar, as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the Fund’s basic financial statements, and have issued our report thereon dated March 3, 2026.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Fund’s internal control over financial reporting (internal control) as a basis for designing procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Fund’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Fund’s internal control.

However, material weaknesses or significant deficiencies may exist that were not identified. 28 138
-14-
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Fund’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

San Bernardino, California
March 3, 2026
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Measure AA FY 2024-2025 Annual Committee Report
Fiscal Year 2024-2025
Committee Member Assessments
30 140
31 141
32 142
33 143
34 144
35 145
36 146
37 147
38 148
39 149
40 150
41 151
42 152
43 153
44 154
Kathleen Kovich
45 155
46 156
47 157
48 158
49 159
Committee Member, Measure AA Committee
In your opinion has the City spent the Measure AA funds as approved by the City Council?
Yes
Are there any other items, related to Measure AA, that you would like to bring to the City's attention?
No
Hannah Rinehart
Measure AA Committee Member
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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: June 10, 2026
SUBJECT: FY2026-27 Wildland Fire Protection Agreement
SUBMITTED BY: Chief Dustin Reed, Division Chief
PREPARED BY: Adam Jantz, Finance Manager
ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026 - ____

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

APPROVING THE AGREEMENT WITH THE DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR WILDLAND FIRE PROTECTION SERVICES FROM JULY 1, 2026, TO JUNE 30, 2027
BACKGROUND:

The State Department of Forestry and Fire Protection (CAL FIRE) provides coverage for wildland fire services for over 666 acres in the city as shown on a map on page 9 of the wildland fire protection agreement. The focus of this proposed Wildland Fire Protection Agreement is located east of 1-15, south of the Cities of Lake Elsinore and Menifee and northwest of the City of Murrieta.

DISCUSSION:

The maximum amount of the Mutual Aide Agreement is $35,500.16. This is $1,519.04 less than the FY2025-26 agreement. This is due to the per acre charge being $2.61 lower.

ACCOUNT CODE:
100-4710-51208
FISCAL IMPACT:

The maximum amount of the Mutual Aide Agreement is $35,500.16 which is approximately $1,500 less than originally budgeted in FY2026-27.

ATTACHMENTS:

Resolution_FY2026-27 Wildland Fire Protection Agreement Wildomar FY2026-27 Wildland Protection Agreement.pdf
161
RESOLUTION NO. 2026 - ____

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

CALIFORNIA, APPROVING THE AGREEMENT WITH THE

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
FOR WILDLAND FIRE PROTECTION SERVICES FROM JULY 1, 2026, TO JUNE 30, 2027
WHEREAS, the City of Wildomar incorporated on July 1, 2008; and WHEREAS, since incorporation, the City has contracted with the County of Riverside for Fire Services; and
WHEREAS, the County of Riverside contracts with the State of California’s Cal Fire Department; and
WHEREAS, the City Council agrees to enter into a contract with Cal Fire for the Wildland Fire Protection Program.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Wildomar, California, does hereby approve the agreement with the California Department of Forestry and Fire Protection (CAL FIRE) to provide wildland fire protection from July 1st, 2026, through June 30th, 2027.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign and execute said agreement on behalf of the City of Wildomar.

PASSED, APPROVED, AND ADOPTED this 10
th day of June, 2026.
______________________________
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
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ST A TE OF CALIFORNIA

COOPERATIVE FIRE PROGRAMS

LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
LG-W REV 8/2024
AGREEMENT NUMBER 3CA07802
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection - (CAL FIRE)

LOCAL AGENCY'S NAME
City of Wildomar

2. The term of this Agreement is: July 1,2026 through June 30,2027

3. The maximum amount of this Agreement is: $35,500.16
Thirty-Five thousand, five hundred dollars and sixteen cents.

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A- Scope of Work - Includes page 2 (contact page) in count for Exhibit A Exhibit B - Budget Detail and Payment Provisions
Exhibit C* - General Terms and Conditions; DGS GTC Version: 02/2025 Exhibit D - Special Terms and Conditions (Attached hereto as part of this Agreement) Exhibit E - Additional Provisions
2 pages
2 pages
0 pages
pages
13 pages
*Items shown with an Asterisk C'}, are hereby incorporated by reference and made.part of this Agreement as if attached hereto.

General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
LOCAL AGENCY'S NAME Services Use Only
City of Wildomar
BY (Authorized Signature) DATE SIGNED/Do not type)
.2S

PRINTED NAME AND TITLE OF PERSON SIGNING
Chris Mann, City Manager

ADDRESS
23873 Clinton Keith Rd #210, Wildomar, CA 92595

ST ATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Oo not type)
.2S

PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Deputy Director, Cooperative Fire Protection ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
163
Contractor Name: City ofWildomar
Contract No: 3CA07802

EXHIBIT A

COOPERATIVE FIRE PROGRAMS
- 2 -

AGREEMENT FOR PROTECTION OF WILD LANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA

1. The project representatives during the term of this Agreement will be:

CAL FIRE Unit Chief: Riverside Unit
Name: Robert M. Fish
Phone: 951-940-6900
Fax: 951-940-6910
Local Agency: City of Wildomar
Name: Chris Mann
Phone: 951-677-7751
Fax: N/A
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Robert M. Fish
Section/Unit: Riverside Unit
Attention: Scott Phillipbar
Address: 210 W. San Jacinto Ave.

Perris, CA 92570
Phone: 951-940-6900
Fax: 951-940-6910
Local Agency: City of Wildomar
Section/Unit: City Manager
Attention: Chris Mann
Address:23873 Clinton Keith
Rd. #201 Wildomar, CA 92595
Phone: 951-677-7751
Fax: N/A
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

2. AUTHORIZATION
This Agreement is entered into this 1st day of July , 2026 , by and between the State of California, hereinafter called STATE and City of Wildomar, County of Riverside.State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word "Contractor" that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.

Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.

3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 666 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area.

STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. 164
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Contract Name: City ofWildomar
Contract Number: 3CA07802
l
J a gs:! I 18

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

MURRIETA WILDLAND FIRE PROTECTION AGREEMENT
Dozer Enaines
Low 0 3
Med 4
High 2 7
Station Proximity 1

1. Battalion 15 CAL FIRE/RVC

2. Battalion 2 CAL FIRE/RVC

3. Battalion 13 CAL FIRE/RVC
Hand Crews

1. Rainbow

2. Bautista

3. Oak Glen
Chief Hand
Officer Crews Copter
1 0 0
2 2 1
2 4 1
Air Attack

1. Hemet-Ryan

2. Ramona
Bulldozers

1. Temecula
Air
Attack
0 1
1 2. Clark Training Center

3. San Jacinto
Copters

1. Hemet-Ryan

2. Keenwild

3. Prado

4. Heaps
APPENDIX B-1
1 Depends upon the actual location of the incident
Air
Tanker
0 2
2 180
181

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: June 10, 2026
SUBJECT: FY 2026-27 List of Projects for the SB1: Road Repair and Accountability Act of 2017
SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Cameron Luna, Associate Engineer
ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
SUMMARY:

This Resolution identifies the proposed projects for FY 2026-27 that may use SB 1 (RMRA) funds. Adoption of the Resolution and subsequent submittal of the Resolution to the California Transportation Commission (CTC) is required for the City to be eligible to receive its allocation of SB 1 funds for Road Rehabilitation and Maintenance.

BACKGROUND:

The City of Wildomar must adopt a list of projects each fiscal year that will be partially or totally funded by SB1: The Road Repair and Accountability Act of 2017. The City must submit the list of projects to the California Transportation Commission (CTC) prior to July 1, 2026, to be eligible to receive funds for Fiscal Year 2026-27.

DISCUSSION:

The City expects to receive revenues estimated at $981,270 from the Road Maintenance and Rehabilitation Account (RMRA) for Fiscal Year 2026-27. The use of RMRA gas tax funds includes but is not limited to: Road Maintenance and Rehabilitation; Safety Projects; Traffic Control Devices; and satisfying matching fund requirements to obtain State and Federal funds (i.e. grants).

One metric that staff utilizes to prioritize road maintenance is the Pavement Condition Index (PCI). On February 10, 2026, the City Council adopted the 2026 Pavement Management Program (PMP) Report, which provides a PCI for each City Street. The PMP report consists of pavement strategies over a 6-year term (FY 2026/27 through FY 2030/31). Staff utilized the information from the PMP report as well as maintenance records and resident and City Council input to recommend the proposed streets for the FY 2026-27 pavement rehabilitation program.
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A presentation was provided at the May 13, 2026, City Council meeting to receive public and Council input on the list of streets to be selected. Based on input received, Monte Vista Drive was evaluated and has since been added to the list of streets being recommended. The entire list of streets being recommended for SB1 (RMRA) funding for FY 2026-27 is included in the attached Resolution. The Resolution is required to be submitted to the California Transportation Commission (CTC) by July 1, 2026, for the City to be eligible for the funding.

Total costs to rehabilitate all streets included in the Resolution may exceed the available RMRA budget. The list can be revised later, in the event final costs do not allow all the streets to be completed or to allow new streets to be added.

Staff continues to investigate various rehabilitation strategies that may be appropriate for Wildomar streets as well as strategies that utilize rubberized asphalt as a rehabilitation material to reduce impacts on the environment. Some of these strategies can provide extended pavement life for lower costs than traditional strategies. Each year staff selects the most appropriate strategy for each street considering pavement condition, traffic impacts, and other existing conditions.

FISCAL IMPACT:

Total anticipated revenue from RMRA for FY 2026-27 is $981,270. As part of the FY 2026-27 budget update, Staff is proposing a street rehabilitation/slurry seal program funded by RMRA, Measure A, Measure AA, and CalRecycle funds. Construction of the proposed streets is proposed to be funded by RMRA, Measure AA and CalRecycle funds, with Measure A funds primarily utilized for administration, design, and construction inspection. There is no impact to the General Fund.

ATTACHMENTS:

1. Resolution
183
RESOLUTION NO. 2026 - ____

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

CALIFORNIA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $981,270 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System, 2026 Update, maintenance records and citizen input to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate many streets/roads through a preventative maintenance program and pavement rehabilitation throughout the City this year and various similar projects into the future; and WHEREAS, the 2026 Pavement Management Program Update found that the City streets and roads are in an “at-risk” condition and this revenue will help the City keep our streets and roads from entering the “poor” condition with the goal of increasing the overall quality of our road system to a “good” condition; and
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WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to the City and community.

NOW, THEREFORE BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Wildomar, California, as follows:

Section 1. The foregoing recitals are true and correct.

Section 2. The following list of newly proposed projects will be funded in-part or solely with fiscal year 2026-27 Road Maintenance and Rehabilitation Account revenues:

PROJECT LOCATION DESCRIPTION USEFUL
LIFE

ESTIMATED

SCHEDULE
CIP 057-4 Lemon Street – Grape
Street to Mission Trail
Base
Repairs/Reconstruction,
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
10 years January 2027
to
June 2027
The Farm Road - 100'
S of Bundy Canyon
Road to Citrus Hill
Base
Repairs/Reconstruction,
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
10 years
Harvest Way - Bundy
Canyon Road to Citrus
Hill
Base
Repairs/Reconstruction,
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
15-20
years
Cherry Street - Baxter
Road to Canyon Drive
Base
Repairs/Reconstruction,

1.5”-3” ARHM/HMA
Overlay
15-20
years
Grand Avenue -
McVicar Street to Jane
Court
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
15-20
years
Monte Vista Drive –
Bundy Canyon Road
to Wildomar Trail
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
15-20
years
Union Street – Sheila
Lane to Gruwell Street
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
15-20
years
Wesley Street – Grand
Avenue to Union
Street
Base
Repairs/Reconstruction,
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
15-20
years
Gruwell Street – Grand
Avenue to Union
Street
3/8” ARAM, 1.5”-3”
ARHM/HMA Overlay
15-20
years
Various Circulation
Element Streets
Citywide
3” Remove and
Replace AC Spot
Repairs
5-8 years
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CIP 058-4 Various residential
streets located South
of Bundy Canyon
Road, North of Clinton
Keith Road, and South
of Palomar Street
Crack seal and place
Type II PME-RAP
slurry.
5-7 years August 2026
to
March 2027
CIP 044-3 Mission Trail - Malaga
Road to Elberta Road

1.5”-3” AC Overlay 10-15
years
March 2027 to
December
2027
CIP 026-2 Bundy Canyon Road -
East of Oak Canyon
Drive to City limits
Base Reconstruction
and 2.4” ARHM Overlay
20-25
years
January 2027
to December
2028
CIP 025 Clinton Keith Road –
Hidden Springs Road
to City limits
Base Repair/
Reconstruction and 2.4”
ARHM Overlay
20-25
years
January 2027
to December
2029
CIP 108
and CIP
109
Pavement
Management Program
- FY 2026/27 through
FY 2030/31
Street Asset Inventory -
Citywide 5 years
July 2026 to
December
2026
PASSED APPROVED AND ADOPTED this 10
th day of June, 2026.
____________________
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________ __________________
Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: June 10, 2026
SUBJECT: Sole Source Agreement with Animal Friends of Valley for Animal Control Services
SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Daniel Torres, Public Works Manager
ACTION:

SUMMARY:

The proposed Agreement for Services between the City of Wildomar and Animal Friends of the Valleys (AFV) provides comprehensive animal control services for the City for a three-year term with one optional one-year extension at the City’s discretion. Services include animal control response, sheltering, impoundment, adoption services, licensing support, public safety response, and enforcement related to domestic animal welfare and control.

AFV currently operates the regional animal shelter facility located in Wildomar and has historically provided animal control and sheltering services to the City under prior agreements dating back to 2014. The proposed agreement continues these services without interruption and establishes updated operational, insurance, indemnification, and service provisions consistent with current City contractual standards. The agreement includes a not-to-exceed compensation amount of $290,819 over the initial term.

BACKGROUND:

Animal Friends of the Valleys (AFV) has provided animal control and shelter services to the City of Wildomar and neighboring communities in southwest Riverside County for over a decade. The City previously entered into agreements with AFV in 2014, 2017, 2018, 2021, and, most recently, the 2023 Agreement for Services, which expires on June 30, 2026.

The City of Wildomar is also a member agency of the Southwest Communities Financing Authority (SCFA), a Joint Powers Authority comprising Riverside County and the cities of Canyon Lake, Lake Elsinore, Menifee, Murrieta, Temecula, and Wildomar. SCFA was established for the purpose of constructing, financing, and supporting the operation of the regional animal shelter facility serving southwest Riverside County.

The SCFA animal shelter facility is operated by AFV pursuant to the regional operations agreements. The shelter facility at 33751 Mission Trail, Wildomar, serves the member agencies within its boundaries and supports regional animal sheltering, adoption, veterinary 187
care, and public animal welfare services.

DISCUSSION:

Staff recommends approval of the proposed agreement with AFV through a sole source procurement process due to AFV’s unique operational relationship with the SCFA regional shelter facility and its established role as the operator of the SCFA animal shelter. AFV currently operates and manages the regional shelter facility pursuant to the Animal Shelter Operations Agreement and maintains the staffing, veterinary services, shelter operations, licensing coordination, adoption programs, and animal intake systems necessary to support the participating member agencies.

Due to AFV’s direct operational control of the regional shelter facility, existing infrastructure, trained personnel, established licensing and animal records systems, and longstanding coordination with SCFA member agencies, staff determined that soliciting services through a competitive procurement process would not provide a practical or cost-effective alternative capable of delivering uninterrupted regional animal control and shelter services. Continuation of services through AFV maintains operational consistency with the SCFA regional shelter framework and avoids duplication of regional shelter infrastructure, operational systems, and administrative processes.

The proposed agreement provides comprehensive animal control and sheltering services for the City. Services include field response for stray, injured, dangerous, abandoned, or deceased animals; impound and quarantine services; sheltering and daily care of animals; veterinary and medical treatment as necessary; adoption and foster coordination; reunification efforts for lost pets; licensing support; euthanasia services when required by law or humane necessity; and ongoing shelter operations and facility maintenance.

Additional operational services include behavioral assessments, vaccination protocols, microchip scanning, public education, rescue partnership coordination, recordkeeping, and compliance with applicable California Code requirements. The agreement also establishes operational expectations regarding response procedures, holding periods, reporting requirements, shelter cleanliness, public accessibility, and animal welfare standards.

The proposed agreement continues the City’s existing animal control service structure while incorporating updated City contract language, insurance requirements, indemnification provisions, operational standards, and service expectations. Staff has reviewed the agreement and determined it to be consistent with the City’s operational needs and regional service obligations.

A copy of the proposed agreement is included as Attachment A. Staff recommends that the City Council approve the agreement and authorize the City Manager to execute the agreement.

ACCOUNT CODE:
100-4720-52115
FISCAL IMPACT:

The agreement establishes a not-to-exceed compensation amount of $290,819 for the initial three-year term. Compensation supports operational staffing, shelter administration, animal intake and care, veterinary oversight, licensing administration, and field animal control 188
services. The agreement also provides the City with the option to exercise one additional oneyear renewal term at the City’s sole discretion.

ATTACHMENTS:

A - Animal Friends of the Valleys Inc. 2026-2029
189

AGREEMENT FOR SERVICES
By and Between

THE CITY OF WILDOMAR,
a municipal corporation
and
Animal Friends of the Valleys, Inc.
190
May 2026

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND
ANIMAL FRIENDS OF THE VALLEYS, INC.

This Agreement for Services (“Agreement”) is entered into as of this 10th day of June, 2026 (“Effective Date”) by and between the City of Wildomar, a municipal corporation (“City”) organized under the laws of the State of California, with its principal place of business at 23873 Clinton Keith Road, Suite 110, Wildomar, California 92595 and Animal Friends of the Valleys, a California nonprofit public benefit corporation with its principal place of business at 33751 Mission, Trail, Wildomar, California, 92595 (“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 sole source, the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal 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. Service Provider represents that it is knowledgeable and is able to provide services to public-sector clients and is familiar with the plans and requirements of City.

D. 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.

E. 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 as 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.

The Term of this Agreement is 3 years, commencing on the Effective Date (“Term”). Unless earlier terminated in accordance with Section 20 "Termination of Agreement" of this Agreement, Service Provider shall complete the services within the Term of this Agreement and shall meet any other established schedules and deadlines. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 1 additional one-year term.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Services”). If Exhibit “A” consists of 191
May 2026
Service Provider’s proposal, only those portions of the proposal describing the Services to be performed, the schedule for performance, and compensation are incorporated into this Agreement. All other proposal terms are excluded and of no force or effect. In the event of any conflict, the terms of this Agreement shall control.
(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 enforce 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 “A” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed two hundred ninety thousand eight hundred nineteen dollars ($290,819.00), 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 original 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 “A” 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 are 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 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 fortyfive (45) days of receipt of Service Provider’s correct and undisputed invoice. 192
May 2026
(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.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after the work is submitted to City. City shall reject work by a timely written explanation. Failure to provide written acceptance shall not be deemed acceptance. 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; EXCEPTIONS; WARRANTY Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Service Provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitute original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, 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 prepared, 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 193
May 2026
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 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 date 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, audit 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 records 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. Access 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 for the means, methods, techniques, sequences 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 regarding City directives apply to and 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 194
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Provider shall not at any time or in any manner represent that Service Provider 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, competently 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 in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” 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 and such licenses, permits, and approvals shall be maintained throughout the Term of 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.

Service Provider acknowledges that certain portions of the Services may constitute “public works” within the meaning of California Labor Code § 1720 et seq., depending on how such Services are performed. Service Provider is solely responsible for determining the applicability of California prevailing wage requirements to the Services and, if applicable, for full compliance with all requirements of the California Labor Code, including but not limited to Labor Code §§ 1720–1782, the payment of prevailing wages, registration with the Department of Industrial Relations, and submission of certified payroll records.

Service Provider must require any subconsultants, subcontractors, or any other persons or entities performing any portion of the Services to comply with all applicable prevailing wage requirements.

Service Provider must defend, indemnify, and hold harmless City and its officials, employees, and agents from and against any and all claims, penalties, liabilities, costs, or expenses arising out of or related to the acts or omissions of Service Provider, or any subconsultants, subcontractors, or other persons or entities at any tier engaged in the performance of the Services, in failing to comply with 195
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applicable prevailing wage laws.

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, 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 any liability or sanctions be imposed against 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 product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information 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. Service Provider shall not use City’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. (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 196
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provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. 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 reimbursement 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, request 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 deposition, 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 does 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, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, volunteers, 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) that 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 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, volunteers, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including 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 197
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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.

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 Service Provider’s duties or obligations 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.

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.
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(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.

This timeframe is presumptively thirty (30) days, but may be extended, 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 may, 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 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, pandemics, 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 or certified mail, postage prepaid and return receipt requested, addressed as follows:
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To City: City of Wildomar
Attn: Chris Mann, City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
Telephone: 951-677-7751
Email: [email protected]
With Copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Thomas D. Jex, City Attorney
Telephone: (951) 801-6612
Email: [email protected]
To Service Provider: Animal Friends of the Valleys, Inc.

Attn: Director
33751 Mission Trail
Wildomar, CA. 92595
Telephone: (951) 674-0618
Email: ______________________
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.

Email notice shall not require separate written confirmation unless the recipient disputes receipt. Other forms of electronic transmission such as text messages and instant messages are not acceptable manners of notice required hereunder.

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 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 amendments 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.
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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 Agreement 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 provision 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 Agreement 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.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this 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, including the attached Exhibits "A" and "B," 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).
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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.

SECTION 35. DATA PROTECTION.
a) Service Provider shall protect, using the most secure means and technology that is commercially available, City-provided data or consumer-provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or consumer data, (collectively, the “City Data”). Service Provider shall notify City in writing as soon as reasonably feasible, and in any event within twenty-four (24) hours, of Service Provider’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Service Provider shall begin remediation immediately. Service Provider shall provide daily updates, or more frequently if required by City, regarding findings and actions performed by Service Provider until the Data Breach or Security Incident has been effectively resolved to City’s satisfaction. Service Provider shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Service Provider shall cooperate fully with City, its agents and law enforcement.
b) If City is subject to liability for any Data Breach or Security Incident, then Service Provider shall defend, indemnify, and hold harmless City from and against any claims, damages, fines, penalties, costs, and expenses, including reasonable attorney’s fees, arising therefrom.

SECTION 36. SAM.GOV CHECK.

To the extent this Agreement is funded, in whole or in part, with federal funds, or otherwise constitutes a procurement or subaward subject to federal law, the requirements of 2 CFR Part 200, Appendix II(H) (Debarment and Suspension), including Executive Orders 12549 and 12689 and 2 CFR Part 180, shall apply. In that event, Service Provider represents that it is not listed on the governmentwide exclusions in the System for Award Management (SAM.gov).

SECTION 37. COUNTERPARTS; ELECTRONIC SIGNATURES.

This Agreement may be executed in any manner of counterparts, all of which shall constitute one and the same instrument, and any Party hereto may execute this Agreement, by signing and delivering one or more counterparts. Each Party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. 202
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF WILDOMAR
___________________________
Chris Mann
City Manager
ATTEST:
___________________________
Janet Morales Garcia, CMC
City Clerk

APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
“Service Provider”: Animal Friends of the Valleys, Inc.

By: __________________________ By: _______________________________

Name: ___________________________ Name: ____________________________ Its (Title): _________________________ Its (Title): __________________________ 203
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EXHIBIT "A"

SCOPE OF SERVICES AND COMPENSATION
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SCOPE OF SERVICES

1. Services To Be Provided Contractor shall operate a complete animal control program for the City consisting of, but not limited to, field services, shelter operation, and licensing. Animal Friends of the Valleys will provide one (1) Animal Control Officer and a fully equipped vehicle. The Animal Control Officer will be serving the City of Wildomar 8 hours per day, 5 days per week, as well as emergency calls after hours, on weekends and holidays.

In the conduct of this program, Contractor shall perform the following specific functions:
(a) Field services. Assign one field service officer appointed as Animal Control Officer. Routine field services will be provided as necessary within the hours limitation of this Agreement. The number of hours per week include, but are not necessarily limited to administrative hearings, routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured or loose animals. Contractor shall assign a sufficient number of field service employees to duty at all times to meet the needs of this Agreement.

Assist law enforcement, fire department, and Fish & Game as requested and in extreme situations that arise such as the removal of vicious dogs in drug raids, cock fighting, organized dog fighting, evacuation of animals during disasters, etc.

Investigate and pursue action on complaints of public nuisances, leash law violations, and barking dog complaints. Hold hearings in compliance with municipal codes regarding public nuisances and potentially dangerous/vicious animals.

Telephone service for members of the public shall be not be less than seven and one half (7 1/2) hours per day on a schedule approved by the City Manager. The Shelter shall be open from 10:00 a.m. to 4:00 p.m. Monday through Saturday, except for Wednesdays. The hours on Wednesday shall be from 10:00 a.m. to 7:00 p.m. Emergency response shall be available 24 hours per day; seven days per week as described in subparagraph (c). (b) After-Hours. Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and Contractor agree that any incident reported to Contractor or City staff, through the fire or law enforcement provider involving a dangerous, wild or stray injured animal, constitutes an emergency and requires immediate action by Contractor. When the City Manager or his or her designee has reason to believe that an animal control emergency exists, the City Manager 205
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or his or her designee shall notify Contractor and request a prompt response. If Contractor fails to respond to such request within a reasonable time or fails to respond at all, the City shall request in writing that Contractor send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. Contractor's written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. This Agreement and the provisions herein shall not be construed to limit the interpretation of what constitutes an emergency and/or the need for a priority response.
(c) Priority of Field Services. An Animal Control Officer will respond to medical emergencies and other emergencies involving danger to humans within 30 minutes or less during regular service hours, Monday through Friday, 8:00 a.m. - 5:00 p.m. and within 60 minutes or less after regular service hours, on Saturdays and Sundays and holidays. Response time to non-emergency calls will be within 24 hours. Barking dog and public nuisance complaints will be handled within 72 hours.

Emergency calls - During regular service hours
PRIORITY ONE: To be handled immediately.
• Animals endangering health or safety of the public.
• Aggressive stray animals at large.
• Animal bites, involving animals at large.
• Sheriff, police, fire request for emergency service.
• Animal cruelty/neglect complaints.

PRIORITY TWO:
• Sick or injured stray animals.
• Animals in distress.
• Humane investigation-life threatening.
• Livestock or equine at large.

PRIORITY THREE:
• Dead animals on public property.

Emergency calls & after regular service hours - To be handled immediately:
• Animals endangering health or safety of the public.
• Sheriff, police, fire request for emergency service.
• Aggressive stray animals at large.
• Animal bites, involving animals at large.
• Sick or injured stray animals.
• Animals in distress.
• Humane investigations- life threatening.
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Non-emergency calls
• Impound of confined stray animals.
• Quarantine of confined, owned animals.
• Quarantine release of biting animals.
• Leash law enforcement.
• Permit investigations.
• Humane investigation- nonlife threatening.
• Public nuisance investigations.
(d) Proper Care and Treatment. Provide care and treatment to any stray or abandoned animal in accordance with the provision of Penal Code of the State of California 597.1, 597e, and 597f.
(e) Licenses for Dogs, Kennels, and Catteries. Contractor will implement a comprehensive licensing program including conducting dog license inspections. Contractor shall issue dog licenses with appropriate proof of rabies vaccinations. Contractor shall issue licenses to operate dog kennels and catteries within City, subject to approval of the City for land use and zoning requirements for said facilities, and collect fees in connection therewith. Contractor shall provide all forms and tags for such licenses.

All fees collected for dog licenses and penalties shall be accounted for by Contractor. These fees will be retained by Contractor as part of the flat monthly fee.

Contractor will be responsible for sending out license renewal letters for individual dogs. Contractor will be responsible for keeping the license database current for City residents regarding their dog licenses. Contractor will be responsible for sending out cattery and kennel license renewals and performing all inspections of the premises.

Contractor shall verify dog license status when responding to requests for service or when responding to complaints. The Animal Control or Humane Officer, as part of said officer's regular animal control duties will conduct license inspection activities during animal control investigations so as to ascertain the number of unlicensed dogs, to license such dogs and gain compliance with license requirements.

Contractor will provide a verification system whereby owners can verify the status of their animal's license by telephone, email or online access portal. (f) Enforcement. Enforce all applicable provisions of the Wildomar Municipal Code (Animal Control) as it exists on the date of this Agreement pertaining to animals, including the issuing of warning notices or citations as necessary 207
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for violations of such Ordinances. In the event the Municipal Code is amended and the amendments would substantially alter the duties and responsibilities of Contractor under this Agreement, the parties hereto agree to meet and in good faith renegotiate those terms and conditions of this Agreement affected by such amendments.
(g) Issuance of Warning and Citations. Contractor will enforce all appropriate provisions of the ordinance including the issuance of notices of violations or citations as necessary for violations of the provisions of said ordinance or state law. Such revenue generated would be credited against the cost of the field service contract and reflected on each invoice for services on a monthly basis.
(h) Clinics. Make all necessary arrangements and conduct at least two (2) "at cost" one-day clinics for rabies vaccination and licensing of dogs each year which are open to City residents, and which may be located in the City. (i) Impoundment. Impound all animals picked up at large and collect such impound fees as may be established from time to time by resolution of the City Council.
(j) Return of Impounded Animals. Contractor encourages the return of any lost/stray animal to the rightful owner in the field, subject to the appropriate payment of impound fees. Contractor Officers and staff will make every effort to reunite each stray animal to their owner. (k) Records. Maintain and keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody. (l) Animal Bites. Investigate reported animal bites. Contractor may initially receive animal bite reports by telephone but shall respond in person to all reported bites by dogs, cats or by suspected rabid or wild animals. As part of the investigation, Contractor shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party(ies) to trap the suspected animal(s). Contractor shall contact and interview the bite victim (or the victim's parent or guardian in the case of a minor) as part of the bite investigation procedure. Bite reports shall indicate who reported the bite incident.
(m) Quarantine. Quarantine, as prescribed by State Law and Ordinances, all animals suspected to be rabid and/or that have bitten a person or other animal. Animals may be quarantined at home with a mandatory three time visit by an animal control officer 208
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or at the shelter in accordance with policy, at the officer discretion.

All animals shall receive proper veterinary care and proper nutrition. (n) Stray Animal Complaints. Investigate and pursue action on complaints and/or reports of potential violations of Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City; respond to requests from the Fire Department and contract law enforcement provider for assistance with animal related situations. (o) Barking Dog Complaints. Respond to and process barking dog complaints (public nuisances) in accordance with city ordinance. Hold public nuisance hearings for barking dog complaints that have failed to be abated. (p) Animal Cruelty/ Neglect Complaints. Contractor will respond immediately to all reports of animal cruelty or neglect. Contractor will proceed under Penal Code 597 to prosecute all persons found to be abusing/neglecting animals. Contractor will file all charges and appear in court as necessary to assist the District Attorney in the prosecution. (q) Responding to Crowing Fowl Complaints. Contractor will handle crowing fowl calls as a public nuisance. Contractor will handle calls accordingly.
(r) Responding to Non-Vector Related Animal Calls. Contractor will trap and remove skunks, opossums, raccoons, etc. Contractor will not provide vector control for rats, mice, etc. Contractor will provide information to the public for vector control, bee keeping, etc. (s) Trapping and Removal. Assist city residents in the removal of domestic or wild animals from privately owned traps within twentyfour (24) hours of being notified. Trapping may not be performed on Friday or Saturday or holidays. Assist city residents in the setting of, trapping and removal of domestic and wild animals from public and private property within five (5) days. Contractor will advise, assist and may set traps and provide a trapping program for an animal at large or a wild animal on public or private property. Contractor may provide traps for a rental fee to City residents or City may purchase traps to be used only for city residents. All traps will be available to city residents on a first come, first served basis. Contractor shall not be required to stay on the property and monitor the trap unless Animal Control feels there is a danger to human or the animal's life. (t) Public Nuisance Hearings. Contractor will notify the pet owner and the public of upcoming public nuisance hearings. Contractor will conduct the hearings and will make a determination based on the facts presented 209
RIV #4814-7282-0706 v1
at the hearing. Contractor will send an Order After Hearing within 10 days to the pet owner and all parties that attended the hearing. (u) Potentially Dangerous Dog Hearings. Contractor will notify the dog owner(s) and the public of upcoming potentially dangerous dog hearings. Contractor will conduct the hearings and make a determination based on the facts presented at the hearing. Contractor will send the Order After Hearing to all participants that attending the hearing. Contractor will set the guidelines for the keeping of said animal (if the dog is deemed potentially dangerous). Contractor will continue to monitor the situation to ensure the guidelines are being adhered to. (v) Complaints Regarding Services. Cooperate with the City to resolve any and all complaints filed with Contractor and/or the City pertaining to services provided under this agreement. The City shall submit to Contractor in writing all complaints filed with the City concerning services provided by Contractor under this Agreement. Contractor shall report monthly in writing to the City the number of complaints received by Contractor directly or indirectly through the City pertaining to quality of service(s) provided under this Agreement.
(w)Attendance at Meetings. Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so.

2. Coordination. Contractor’s Executive Director and the City Manager or his or her designee shall meet as agreed to discuss Agreement performance.

3. Reporting.
(a) Contractor shall furnish the City with monthly reports upon request. (b) Contractor shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by Contractor for a minimum of four (4) years following the termination of this Agreement unless a lesser period is approved in writing by the City Manager. The records and/or animal control operations of Contractor shall be open to inspection and audit by the City or its authorized representative as is deemed necessary by the City upon reasonable notice to Contractor. Contractor shall provide the City a copy of Contractor's full Annual financial statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year.
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4. Continuing Programs. Contractor shall also implement the following programs on a continuing basis:
(a) Spay/neuter subsidy programs for low income persons (when funds are available)
(b) Ordinance review and changes aimed at ending pet overpopulation (c) Animal Rescue Plan for domestic animals during disaster (d) Humane education

5. Policy & Procedure Consultation. In addition, Contractor will consult with the City and on any policy/procedure that affects Wildomar animals, which shall be approved by the City Manager prior to implementation.
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COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:

1. The total estimated cost for services for fiscal year 2026-2027 is: $7,879.50 per month, $94,554.00 for the year.

The total estimated for services for Fiscal Year 2027-2028 shall be calculated as follows: the amount listed for FY 26/27 plus the percentage change, Annual COLA of 2.5%. $8,076.94 per month, $96,923.28 for the year.

The total estimated cost for services for fiscal year 2028-2029 shall be calculated as follows: the amount list for FY 27/28 plus the percentage change, Annual COLA of 2.5%. $8,278.40 per month, $99,340.80 for the year.

2. Contractor shall charge the below Animal Control Fee Schedule:

DOG LICENSE FEES WILDOMAR
Altered 1 year $15.00
Altered 2 vear $20.00
Altered 3 year $25.00
Unaltered Exempt 1 year $15.00
Unaltered Exempt 2 year $20.00
Unaltered Exempt 3 vear $25.00
Hobby Breeder License 1 year $200.00
Unaltered 1 year N/A
Unaltered 2 year N/A
Unaltered 3 year N/A
Senior Citizen /Altered 1 year $8.00
Senior Citizen/ Altered 2 vear $10.00
Senior Citizen/ Altered 3 year $12.00
Late Penalty $20.00
Late Penalty Senior/Altered $15.00
Transfer $6.00
Duplicate $6.00
Pot. dangerous req.-annual $100.00
Vicious reaistration-annual $100.00
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STATE FINES-IN ADDITION WILDOMAR
Dog/Cat unaltered -RAL-1st $35.00
Doq/Cat unaltered -RAL-2nd $50.00
Dog/Cat unaltered -RAL-3rd $100.00

OTHER FEES WILDOMAR
Quarantine - Shelter $100.00
Quarantine - Home $100.00
After Hours / 2nd Officer $90.00

BOARDING WILDOMAR
Dogs or cats $12.00
Horses, Ponies, Cattle $12.00
Swine, Goats, Sheep $12.00
Fowl, rodents, reptiles, amphibians $5.00

ADMINISTRATIVE CITES WILDOMAR
1ST CITATION $50.00
2ND CITATION $150.00
3RD CITATION $250.00
DAYS TO CORRECT UC. CITE 10

VACCINE PRICES FOR RTO
SHELTER BORD $8.00
SHELTER DA2PPV $12.00
PARASITE CONTROL $10.00

OTHER FEES
GROOMINGFEE IF RTO'ED $30.00
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May 2026
The total compensation for the Services shall not exceed $290,819.00, as provided in Section 4 “Compensation and Method of Payment” of this Agreement.

EUTHANASIA/DISPOSAL Disposal Euthanasia
Under20Ibs $10.00
21 - 50 lbs $15.00 All Dogs
$125
51 - 70 lbs $15.00
71 - 100 lbs $20.00 All Cats
$100
over100Ibs $30.00
GATEWAY Up to 75 lbs 76 - 100 lbs 101-125 over 125
$100.00 $130.00 $160.00 $160 + $1 per pound over
ADOPTION FEES 2-6months 7mo - 5yrs 5yrs + Senior/Military Canine altered $100.00 $80.00 $50.00 $25.00
Canine unaltered $100.00 $60.00 $35.00 $25.00
Feline Altered $50.00 $25.00 $25.00 $25.00
Feline Unaltered $50.00 $25.00 $25.00 $25.00
Rabbits $25.00 $25.00 $25.00 $25.00
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May 2026
EXHIBIT “B”

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 personal & advertising injury with limits no less than $1,000,000 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 (nonowned), 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)

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.

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.
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May 2026
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 endorsement 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).

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 policies 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.

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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May 2026
Acceptability of Insurers
Insurance must 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 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.

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. 217

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: June 10, 2026
SUBJECT: Third Amendment to Traffic Signal Maintenance Services Agreement with St. Francis Electric, LLC
SUBMITTED BY: Jason Farag, Public Work Director /City Engineer PREPARED BY: Daniel Torres, Public Works Manager
ACTION:

Approve and authorize the City Manager to execute the Third Amendment to the Agreement for Maintenance Services with St. Francis Electric, LLC.

SUMMARY:

The proposed Third Amendment to the Agreement for Traffic Signal Maintenance Services with St. Francis Electric, LLC extends the agreement for an additional one-year term through June 30, 2027, updates compensation amounts for routine preventative maintenance and additional services, and adds four new traffic signals anticipated to be constructed within the next year.

BACKGROUND:

On June 14, 2023, the City of Wildomar entered into an Agreement for Maintenance Services with St. Francis Electric, LLC (Contractor), for traffic signal preventative maintenance, repair, minor construction, and emergency on-call services. The Agreement included annual compensation amounts for routine preventative maintenance services and additional services requested by the City on an as-needed basis.

On April 10, 2024, the Agreement was amended by the First Amendment to increase compensation for routine preventive maintenance services associated with the addition of the Wildomar Trail and Margaret Lane traffic signal, and to increase the compensation allowance for additional services.

On May 14, 2025, the City Council approved a Second Amendment to increase the annual compensation allowance for additional services and to add the Palomar Street and McVicar Street traffic signal to the maintenance scope.

The term of the original Agreement is set to end on June 30, 2026.

DISCUSSION:

Term
The original Agreement authorized the City to extend the term for up to two additional oneyear periods upon the parties' mutual written agreement. On March 12, 2026, the Contractor submitted a request to the City to extend the term of the Agreement. 218
Scope of Services
The City anticipates that at least four additional traffic signals may be constructed within FY 26/27. These include the following:

Harvest Way (west)/Bundy Canyon Rd. (to be built by CIP 088) Palomar St./Jefferson Ave. and Washington Ave. (to be built by Camelia Townhomes) Inland Valley Drive/Hospital Entrance (to be built by Inland Valley Medical Center) Monte Vista Drive/Canyon Drive (to be built by Walmart) To ensure the City can begin maintaining these signals as soon as necessary, staff recommends adding them to the Agreement's Scope of Services List of Traffic Signals Maintained. The City would not incur any costs related to these signals until such time as the City requests the Contractor to begin maintaining the signals.

The Contractor also submitted a 3.2% rate increase request, consistent with the Riverside County Consumer Price Index increase from January 2025 to January 2026. The Contractor has not previously requested a rate increase during the duration of the Agreement.

City staff recommends that the City agree to a one-year term extension, with a new term end date of June 30, 2027. City staff also recommends that the City approve the requested rate increase.

In addition to routine monthly preventative maintenance activities, the Contractor also provides the City with additional traffic signal services as needed. These additional services included unforeseen or emergency work, such as when traffic signal equipment is damaged, knocked down, or not operating properly. The Contractor has also provided traffic signal upgrade services, including installing new street name signs at all of the City's traffic signals, installing reflective tape on the traffic signal backplates, installing battery backup systems, and other similar services. In addition, the Contractor provides inspection and coordination services as requested by the City when new traffic signals are being constructed or existing traffic signals are being modified as part of development or capital improvement projects. As part of the City's traffic management program, the City evaluates potential traffic signal modifications to improve signal operations, signal reliability, and traffic efficiency. Staff is budgeting for additional traffic signal improvements in the upcoming fiscal year and anticipates needing the Contractor's assistance with signal inspections for new traffic signals. Staff recommends that the City Council authorize an increase of $120,000 to the total "Additional Services" cost under the Agreement to cover unforeseen/emergency work, signal modifications for traffic efficiency, necessary traffic signal hardware upgrades/replacements, traffic signal inspections, and other related expenses.

Attachment A includes the proposed Third Amendment to the Agreement, which incorporates the items mentioned above. Staff recommends that the City Council authorize the City Manager to execute the Third Amendment.

FISCAL IMPACT:

The proposed Third Amendment increases the annual compensation for Routine Preventative Maintenance services from $22,530.00 to $27,000.00.

The Amendment also increases the compensation allowance for Additional Services by $120,000.00.
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Funding for these services is included within the proposed Fiscal Year 2026-2027 operating budget, including applicable CIP project budgets.

ATTACHMENTS:

A - Amendment No. 3
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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.14
Meeting Date: June 10, 2026
SUBJECT: Bundy Canyon Road Slope Easement Vacation (Walmart Property)
SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Carlos Geronimo, Principal Engineer
ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2026-____

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

SUMMARILY VACATING A CITY SLOPING EASEMENT PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8330 ET SEQ.

SUMMARY:

Vacating of a slope easement on the southerly side of Bundy Canyon Road, between Sellers Drive and Monte Vista Drive, and on the west side of Monte Vista Drive, affecting APNs 367- 100-033, 34, 35 and 37 (Walmart Property)
BACKGROUND:

As part of the Bundy Canyon Rd. Improvement Project, Segment 1, the City obtained rights-ofway and easements from adjacent properties where necessary to construct the roadway improvements. A non-exclusive easement for slope purposes was obtained across a portion of APNs 367-100-033, 34, 35 and 37 which belong to Wal-Mart Real State Business Trust (“Property Owner”). The easement allows for the slope to be located on the property and also allows the City the right of ingress and egress for maintenance over, upon, across, and within the property.

DISCUSSION:

The Property Owner has obtained grading permits and has begun developing the site, which includes the full areas of slope easement the City obtained. The Property Owner has requested that the City terminate the slope easement.

There are no existing utilities or any other public infrastructure within the area of the easement that would require any future access by the City or any other utility agency. The area has already been graded and will be landscaped prior to completion of the site development, and the slope will be maintained by the Property Owner. As a result, the City no longer needs the easement for any roadway or maintenance purposes, and the easement may be vacated and conveyed back to the Property Owner.

Staff recommends that the City Council adopt the attached Resolution to vacate the slope 224
easement.

FISCAL IMPACT:

Costs associated with this easement vacation are covered by developer fees for the Project.

ATTACHMENTS:

Resolution
Resolution Exhibit A (Slope Easement)
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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA SUMMARILY VACATING A

CITY SLOPING EASEMENT PURSUANT TO STREETS
AND HIGHWAYS CODE SECTION 8330 ET SEQ.

WHEREAS, per document No. 2019-0287063 recorded with the County of Riverside on July 31, 2019, the City of Wildomar obtained a Permanent Slope Easement (“Easement”) for slope purposes with the right of ingress and egress for maintenance from Wal-Mart Real Estate Business Trust (“Property Owner”) which include portions of the following vacant parcels: APN 367-100-033, -34, -35, and -37; and
WHEREAS, Streets and Highways Code § 8308 defines a “street” and “highway” to include “sloping easements”; and
WHEREAS, the underlying Property Owner desires to develop the vacant parcels which include the entire portions of the Easement the City has obtained; and WHEREAS, the City Engineer has confirmed that the Easement area is not required for present or future street or highway purposes, including roadway support, drainage, or access; and
WHEREAS, the City Engineer has further confirmed that no in-place public utility facilities exist within the Easement area that would be affected by the vacation; and WHEREAS, pursuant to Streets and Highways Code § 8334, summary vacation may occur when an excess right-of-way of a street or highway is not required for street or highway purposes; and
WHEREAS, the Subject Property’s proposed vacation area is legally described in Exhibit “A” (“Permanent Slope Easement”); and
WHEREAS, Exhibit “A” is incorporated into this Resolution by reference; and WHEREAS, Streets and Highways Code § 8340 et seq. allows the City to reserve and exempt from vacation certain easements; and WHEREAS, pursuant to Streets and Highways Code § 8351, upon vacation, title to the property previously subject to the easement reverts to the owner of the fee free from the easement; and
WHEREAS, the City desires that the Subject Property/Vacation Area be summarily vacated to return the underlying fee to the Property Owner. 226
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. Findings.

A. Incorporation. The findings in the recitals above are incorporated herein by reference as if set forth in full.

B. General Plan Conformity. The City Council finds that the vacation of the Vacation Area is consistent with the City’s General Plan, in accordance with Government Code § 65402. The vacation of the Vacation Area is consistent with the General Plan as it will further General Plan Goal CI 1 which seeks to establish a “well-connected transportation network that is safe, comfortable, efficient, and accessible by users of all ages, abilities, and modes of travel, including pedestrians, bicyclists, drivers, equestrians, transit users, and movers of commercial goods.” Here, the efficient use of City streets and highways supports the efficient use of the streets in the Vacation Area as the roadbed has been sufficiently developed and graded, and the City no longer requires the Vacation Area for street or highway purposes.

C. Vacation Basis. Pursuant to Streets and Highways Code § 8334, the sloping easement in the vacation areas constitutes an excess right-of-way not required for street or highway purposes because it is unnecessary for the present and prospective public use, as confirmed by the City Engineer.

D. Environmental Review. That the actions taken pursuant to this Resolution are categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to § 15305 of the CEQA Guidelines, for minor alterations to land.

SECTION 2. Vacation.

A. Vacation. Based on the findings above, the City Council summarily vacates the Vacation Area pursuant to Streets and Highways Code Chapter 4, Article 2, § 8334.

SECTION 3. Direction. Pursuant to Streets and Highways Code § 8336, the City Clerk is directed to record a certified copy of this Resolution, attested by the City Clerk under seal, in the office of the Riverside County Recorder.

SECTION 4. Effectiveness. This Resolution will take effect upon adoption.

Pursuant to Streets and Highways Code § 8336 the summary vacation of the Easement will be effective upon recordation of this Resolution in the office of the Riverside County Recorder. From and after the date this Resolution is recorded, the Vacation Area will no longer constitute a right of way for street or highway purposes. 227
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PASSED, APPROVED, AND ADOPTED this 10th day of June, 2026.

Carlos Marquez
Mayor
ATTEST:

Janet Morales - Garcia, CMC
City Clerk
APPROVED AS TO FORM:

Thomas D. Jex
City Attorney
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EXHIBIT “A”

LEGAL DESCRIPTION
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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.15
Meeting Date: June 10, 2026
SUBJECT: Merchant Processing Agreement with CardConnect, LLC for payment processing services for the CivicPlus Recreation Management platform
SUBMITTED BY: Cory Gorham, Assistant to the City Manager PREPARED BY: Cory Gorham, Assistant to the City Manager ACTION:

Authorize the City Manager to execute a Merchant Processing Agreement with CardConnect, LLC for payment processing services related to the CivicPlus Recreation Management platform.

SUMMARY:

The City is preparing to implement CivicPlus Recreation Management (CivicRec), a cloud-based recreation management software platform designed to modernize the administration of recreation programs, facility and field reservations, and customer account management. The platform provides residents with convenient online access to recreation services and allows users to register for programs, reserve facilities, and make payments electronically.

As part of the CivicRec implementation, the City must establish merchant processing services to securely process electronic payments made through the platform. CivicRec utilizes CardConnect as its integrated payment processing provider. CardConnect will provide payment authorization, transaction processing, settlement, security compliance, and related merchant services necessary to facilitate online payments made by residents.

Approval of the proposed agreement will allow the City to fully implement online payment functionality within CivicRec and provide residents with a modern, secure, and convenient method for accessing recreation and community services.

BACKGROUND:

On October 13, 2025, the City Council approved an amendment to the services agreement with CivicPlus to add CivicRec as an additional software application.

CivicRec is utilized by local governments, parks departments, and special districts throughout the United States to manage recreation programming, facility reservations, memberships, customer accounts, and 239
financial transactions. The platform consolidates numerous administrative functions into a single system, reducing manual processes and improving operational efficiency.

The CivicRec platform provides the City with the ability to:

Manage recreation programs and classes;
Process facility reservations and rentals;
Track memberships and registrations;
Maintain customer accounts;
Generate financial and operational reports;
Manage waitlists and program capacity; and
Accept online payments through an integrated payment processing solution.

A key component of the CivicRec platform is the ability for residents to complete transactions online. To facilitate electronic payments, the City must establish a merchant processing account with an approved payment processor.

DISCUSSION:

CardConnect serves as the payment processing component within the CivicRec platform and is responsible for securely processing electronic payment transactions submitted by users.

CardConnect's services include:

Credit and debit card authorization;
Transaction processing;
Settlement and fund transfers;
Chargeback administration;
Fraud prevention tools;
Payment card security services; and
Payment Card Industry (PCI) compliance support.

When a resident completes a payment through CivicRec, CardConnect authorizes and processes the transaction and facilitates the transfer of funds into the City's designated bank account through Automated Clearing House (ACH) settlement procedures.

The City intends to utilize a convenience fee model whereby transaction processing costs associated with credit card payments are passed through to the customer electing to use that payment method. This approach minimizes impacts to City operating budgets while continuing to provide residents with a convenient online payment option. Customers will be assessed a 3% transaction fee for all payments made through the platform.

CardConnect utilizes secure payment processing infrastructure designed to comply with Payment Card Industry Data Security Standards (PCI-DSS). The agreement requires ongoing compliance with applicable card network rules and payment security requirements. CardConnect also provides tools and services intended to support compliance and reduce the City's direct handling of sensitive payment card 240
information.

The use of an integrated payment processor significantly reduces administrative risks associated with processing and storing payment card data while enhancing security for residents utilizing City services.

As with all merchant processing services, CardConnect administers chargebacks, transaction disputes, and payment reversals initiated by card issuers and financial institutions. Under the agreement, the City remains responsible for responding to disputed transactions and providing supporting documentation when requested. Card organizations maintain the authority to reverse transactions in accordance with established payment network rules. CardConnect may debit the City's settlement account for approved chargebacks, refunds, fees, and other authorized adjustments. These provisions are standard within merchant processing agreements and are common throughout the payment processing industry.

The initial term of the agreement is for 3 years with automatic one year extensions.

Cancellation on the agreement requires a 30 day notice before the end of the initial term or the relevant extended term.

FISCAL IMPACT:

The agreement with CardConnect establishes a 3% transaction-based fee associated with electronic payment processing through the CivicRec platform paid for by the customer.

The City intends to utilize a convenience fee structure to recover applicable merchant processing costs from users electing to pay by card. Accordingly, the direct fiscal impact to the City is anticipated to be minimal.

Funds received through CivicRec transactions will be electronically deposited into City-designated accounts and reconciled through existing financial management procedures. Adequate funding exists within the approved budget for implementation and administration of the CivicRec platform and associated payment processing services.

ATTACHMENTS:

CardConnect Terms and Conditions
CardConnect Application and Agreement
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Confidential

1. are calculated
based on transactions qualifying for certain program
pricing and interchange rates levied by the applicable
Card Organization. Transactions that fail to qualify for these rates will be charged an additional fee. Interchange and program pricing levied by the Card Organization is
subject to change, (see Section 6 of the General Terms & Conditions).

2. (also referred to as your
Settlement Account) for amounts owed to us.

3. When they occur we
will debit your Settlement Account. See Section 8 of the General Terms & Conditions.

4. , you must
notify us within 60 days of the date of the statement on which the charge or funding appears.

6. by agreeing to provide you
with the Services. Accordingly, we may take certain actions to mitigate our risk, including termination of this Agreement, and holding monies otherwise payable to you (see Sections 16 and 17 of the General Terms & Conditions).

7. you authorize us and
our Affiliates to obtain and share financial and credit information regarding your business and the signers and guarantors of this Agreement until all your obligations to us and our Affiliates are satisfied.

8. your Merchant Processing
Application and Agreement, please contact Customer
Service at 1-877-828-0720
Your Bank, who is a Visa and Member Bank, is
Wells Fargo Bank, N.A. (Bank)
PO Box 6079, Concord, CA 94524
Attn: Merchant Services (407) 237-6727
b) Bank is the entity approved to extend acceptance of Visa and products directly to you and will be a party
to the sections of this Agreement listed in Section 2.2. c) Bank works with Processor to provide the Services to you with respect to Visa Cards and to Cards.
d) Bank shall, either directly or through Processor, advise you of pertinent Card Organization Rules with which you must comply.
e) Bank is responsible for and must provide settlement funds to you and will be responsible for all funds held in a reserve. a) You must comply in full at all times with this Agreement (including the Your Payments Acceptance Guide), all Card Organization Rules and all Cardholder and customer data security and storage requirements.
b) You may view and download the Your Payments Acceptance Guide at
c) You may view and download the Interchange Qualification Matrix and American Express OptBlue® Guide at
d) You may download the Visa and rules at:
e) For your account to stay operational, you must keep fraud and Chargeback levels below Card Organization thresholds. f) Please retain a signed copy of your Agreement.

5. . See Section 10
of the General Terms & Conditions for further details.
(i)
(ii) ____________________________________________________ _____________________________________ ________________________ _____________________________________________________ :______________________________________________________________________________________ By signing below, you:
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ANY FAILURES TO ACT OF ANY THIRD PARTY, AND WE

EXPRESSLY DISCLAIM ANY LIABILITY RELATED TO ALL THIRD
PARTY SERVICES. WE DO NOT WARRANT, ENDORSE,

GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD

PARTY SERVICE OR PRODUCT ADVERTISED OR OFFERED

1.1 The General Terms & Conditions (General Terms),
together with your Application, the Interchange Rate
Schedule and the Your Payments Acceptance Guide
constitute the agreement for Card Transaction acceptance and other related Services (this Agreement).

1.2 You agree to comply with the Your Payments Acceptance Guide and, either the Card Organization Rules relevant to you, as they may change over time. The Your Payments
Acceptance Guide is available at www.businesstrack.com.

1.3 If there are any inconsistencies between the General Terms and the Your Payments Acceptance Guide, or the Card Organization Rules, the General Terms will govern.

1.4 You may not alter this Agreement.

2.1 Your Application will identify the Services you will receive.

Certain Services referred to in this Agreement may not be available to you.

2.2 Subject to Card Organization Rules, Services may be performed by us, our Affiliates, our agents, or other third parties we may designate. References to “we” “our” and “us” shall be deemed to be references to Bank and Processor
except for the purposes of Sections 2.1, 2.3, 2.4, 6.9, 11.2,

11.5, 11.6, 11.7, 13.1, 20, 24, 32 and 36. Bank shall not be a party to the aforementioned Sections nor shall Bank have any responsibility or liability pursuant to such Sections. Third Party Services, including any apps available in an application marketplace or voice or data services you purchase directly from a third party provider, are not governed by this
Agreement and we are not responsible for providing,
maintaining, servicing or supporting such services. If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions
associated with Third Party Services.

Any third party content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk. WE WILL NOT BE RESPONSIBLE FOR ANY ACTIONS OR

THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE

OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER

ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN

ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU
AND PROVIDERS OF THIRD PARTY SERVICES OR PRODUCTS.

2.3 If you do not qualify for our full service program but have otherwise been approved for accepting American Express or WEX, your American Express and WEX transactions will be processed through and funded by American Express or WEX (as applicable). American Express and WEX will provide you their own agreements governing those transactions. You
agree that (a) we are not responsible and assume no liability for any such transactions; and (b) American Express and WEX may charge additional fees for the services they provide.

2.4 Rather than accepting all categories of card, you have the option to elect to accept only certain categories of card (Limited Acceptance). If you wish to offer Limited
Acceptance, you must complete the Limited Acceptance
Form and agree to be bound by the additional terms and
conditions set out in that document.

3.1 Except as specified in the Your Payments Acceptance Guide, or otherwise agreed in writing, the Services shall be for your internal business use in the United States only.

3.2 You shall not and shall not permit any third party to: (a) access or attempt to access any Service that is not intended to be available to you; (b) access or use (in any format) the Services (or any part) through any time-sharing service, service bureau, network, consortium, or other means; (c) without our advanced written consent, use, ship or access Services (or any part) outside or from outside of the United States; (d) perform or attempt to perform any actions that would interfere with the proper working of any Service, prevent access to or use of any Service by other users, or in our reasonable judgment, impose a large load on our
infrastructure, network capability or bandwidth; or (e) use the Services (or any part) except as permitted in this Agreement.

3.3 You may use the eligible TransArmor services and portals only to scan IP addresses, URLs and domain names owned
by and registered to you.

3.4 We have the right to rely on user names, password and other sign on.
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4.1 As part of the Services, we will process transaction data received from you and facilitate the transfer of funds for your Card sales to your Settlement Account.

4.2 We may debit your Settlement Account for any amounts owed to us, including any amounts paid to you in error. We may also offset any amounts owed to us or our Affiliates related to activity in other accounts maintained in your name or which you, any of your principals, guarantors or
authorized signors guarantee.

4.3 You are responsible for providing us with accurate
information regarding your Settlement Account. If you
change the Settlement Account in which you receive the
proceeds of your transactions, you must notify us
immediately. If you accept payment types other than Visa, , American Express, Discover Network and
PayPal (such as TeleCheck Services), you are also responsible for contacting the Card Organizations or companies
governing those Cards to notify them of this change. We shall not be liable for delays in receipt of funds or errors in debit and credit entries caused by you or any other Person,
including any delays or errors resulting from errors in Settlement Account information you provide.

4.4 If a Default occurs you agree we may without notice change processing or payment terms and/or suspend credits or other payments of any amounts due or which become
due to you.

4.5 Your right to receive any amounts due or to become due from us is expressly subject and subordinate to Chargeback, setoff, lien, and our rights to withhold settlement funds under this Agreement without regard to whether such
Chargeback, setoff, lien, and the withholding of settlement fund rights are being applied to claims that are liquidated, unliquidated, fixed, contingent, matured or unmatured.

4.6 If you undertake Global ePricing (GeP) Transactions, you acknowledge that: (a) Settlement by us of GeP Transactions shall be made in the Local Currency on the basis of the Transaction Price of the GeP Sales Transaction under the process defined by the Card Organizations; (b) you shall be subject to any and all Foreign currency exchange rate
exposure in connection with all GeP Transactions; and (c) you are solely responsible for all aspects of the GeP Transaction (other than the performance of GeP Services), including obtaining the Cardholder’s agreement to a GeP Transaction, and complying with all Card Organization Rules applicable to you. Dynamic Currency Conversion as defined by Card
Organization Rules is not permitted nor provided as part of the GeP Services.

5.1 You will use us as your exclusive provider of all Services during the term of this Agreement.

6.1 You will be charged, and agree to pay us, all fees set out on your Fee Schedule or elsewhere in this Agreement.

6.2 The fees specified on your Fee Schedule are based on the assumption that your transactions will qualify at the
Anticipated Interchange and Program Pricing Levels
associated with your account. If a transaction fails to qualify at the Anticipated Interchange Program Pricing Levels, you will be charged a Non-Qualified Fee, plus a Non-Qualified Surcharge for each such non-qualifying transaction.

6.3 If you accept a Card or transaction other than the type anticipated for your account, we will charge you our thencurrent transaction fee(s) for the Card and transaction and you will be responsible for the transaction to the same extent as you would be if it was of a Card type elected and
approved.

If your fees are not paid through our automatic debiting process, and we are required to pursue collection efforts, you will reimburse us for our costs in an amount of not less than $100.00.

6.4 The fees specified on your Fee Schedule are based on (a) estimated annual volume and average transaction size for all Services provided under this Agreement; and (b) your
method of doing business. If the actual volume or average transaction size are not as expected or if you significantly alter your method of doing business, we may adjust our fees without prior notice to you. It is your responsibility to notify us of any such changes to your business.

6.5 We may adjust our fees to reflect new or increased fees, taxes or assessments imposed by any Card Organization or other Persons related to the Services. It is your responsibility to pay all such adjusted fees effective from the date specified in our notice to you.

6.6 Any Account Minimum Fee set out in your Application will be charged monthly (beginning in the calendar month after your Application is approved) for each location and will be calculated as the Account Minimum Fee set forth in your Application less the “Discount Fees” and “Other Payment Fees” that you incur for that month and location. The
Account Minimum Fee shall never be less than zero.

6.7 An equipment rental fee will be charged each month for each piece of equipment rented from us, plus tax as
applicable. You will also be charged for shipping and
supplies.
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6.8 An Authorization fee will be charged for each
Authorization requested, whether the response is approved or declined. If you are being charged a combined fee for both Authorization and Capture we may charge this fee on the communication of all instructions that you transmit to us from your point of sale device or other systems to our
computer systems, whether the communications are for
Authorization requests or any other capture of information whether or not related to any individual transaction.

6.9 A fee will be charged for each Address Verification Service (AVS) request submitted, whether or not we are able to provide a response to the request.

6.10 Clients opting out of the TransArmor Solution will be charged a Compliance Fee. The Compliance Fee covers our costs for systems maintenance and upgrades, mandatory IRS reporting, as well as costs associated with our required tracking and reporting of your PCI compliance. We will
provide a monthly vulnerability “scan,” if required, of up to 5 IP addresses. Additional required scans are your
responsibility. Payment of the Compliance Fee does not
discharge your responsibility to maintain PCI DSS compliance at all times.

6.11 You will be charged a monthly Non-Receipt of PCI
Validation fee unless, within 60 days from the date this Agreement is submitted with your signature and on an
annual basis after that:
a) you obtain any quarterly or other periodic PCI-approved vulnerability scans that the Card Organization Rules require you to obtain (for example, if you accept Internet
transactions);
b) you remediate vulnerabilities identified by your scans in ways that enable you to comply with the Card Organization Rules and applicable standards (including the PCI DSS); and c) you confirm that you are following certain data security protocols by (i) completing an online self-assessment
questionnaire, which we will make available to you, regarding your systems and payments acceptance practices (SAQ), or (ii) using PCI-approved methods, providing us with other written evidence of your PCI DSS compliance.

If you materially change the systems you use to accept
payments and you wish to avoid paying the monthly NonReceipt of PCI Validation fee, you will need to promptly complete a new SAQ or (using PCI-approved methods)
promptly provide us with other written evidence of your PCI DSS compliance.

6.12 If you believe any adjustments should be made to your Settlement Account, you must notify us in writing within 60 days after any debit or credit is or should have been effected.

If you notify us after 60 days, you agree we have no
obligation to investigate or effect any adjustments. Any voluntary efforts by us to assist you in investigating such matters do not obligate us to continue such investigation or to conduct any future investigation.

6.13 If you fail to pay any amounts due within 30 days of the due date set out in our merchant statement or other
communication with you, then we may, in our sole discretion, charge you interest, for such time that the amount and all accrued interest remain outstanding at the lesser of 12% APR or the maximum rate permitted by applicable law

7.1 All payments to you shall be made through the
automated clearing house system (ACH) and shall normally be electronically transmitted directly to the Settlement Account you have designated or any successor account
designated to receive provisional funding of your
transactions pursuant to this Agreement. You agree that any Settlement Account designated by you will be an account primarily used for business purposes. We cannot guarantee the timeframe in which payment may be credited by your
financial institution.

7.2 You agree to be bound by the operating rules of the ACH and you authorize us to (a) access information from the Settlement Account; (b) initiate credit and/or debit entries by wire or ACH transfer; (c) instruct your financial institution to (i) block or to initiate, if necessary, reversing entries and adjustments for any original entries made to the Settlement Account; and (ii) provide such access and to credit and/or debit or to block the Settlement Account.

7.3 If we cannot process an ACH payment, we may (a) charge you the applicable fee set out in the Pricing Schedule; and (b) suspend all subsequent funding until a new electronic funding agreement is signed by you or you notify us that ACH payments can be processed.

7.4 Any funds pertaining to the Card transactions
contemplated by this Agreement now or hereafter in our
possession may be commingled with other funds of ours, or, in the case of any funds held pursuant to the foregoing paragraphs, with any other funds of other customers of ours.

In addition to any rights now or hereafter granted under applicable law and not by way of limitation of any such rights, we are hereby authorized by you at any time and from time to time, without notice or demand to you or to any other Person (any such notice and demand being hereby
expressly waived), to set off, recoup and to appropriate and to apply any and all such funds against and on account of your obligations to us and our respective Affiliates under this Agreement and any other agreement with us our respective Affiliates for any related equipment or related services 247
(including any check services), whether such obligations are liquidated, unliquidated, fixed, contingent, matured or unmatured.

8.1 Cardholders and Issuers are authorized by Card
Organization Rules and by law to reverse and Chargeback transactions that you submit to us. Further details are set out in the Your Payments Acceptance Guide and in the Card
Organization Rules.

8.2 You are obligated to reimburse us (and authorize us to debit your Settlement Account) for (a) all refunds, credits, Chargebacks and adjustments relating to transactions that you submit for processing; and (b) any fees, fines,
assessments, obligations or other charges a Card
Organization imposes on us in relation to your acts or
omissions or the acts or omissions of your agents or those acting on your behalf.

8.3 Refunds, Credits, returns and Chargebacks for GeP
Transactions shall be treated as independent transactions with a Transaction Rate as determined by the Card
Organization.

9.1 By submitting a transaction to us, you represent and warrant that the transaction:
a) is genuine and arises from a genuine sale or service that you directly sold or provided as described on your
Application. (The submission of Authorization requests
and/or Card transaction by you for Card sales or cash
advances transacted by another business is considered
laundering or factoring and is prohibited);
b) represents the correct amount of the goods or services purchased by the Cardholder from your business as
identified on your Application;
c) is not subject to any dispute, set-off or counterclaim; d) to your knowledge is not the result of fraud and has been authorized by the Cardholder
e) does not violate the law of any applicable jurisdiction, including the jurisdiction where you are located, where the Cardholder is located, or where we are located
f) except for any delayed delivery or advance deposit Card transactions expressly authorized under this Agreement, included your simultaneous delivery of the goods or services to the Cardholder; and
g) complies with this Agreement and Card Organization
Rules.

9.2 You further represent and warrant, as of the date of this Agreement and at the time of submission of each
transaction, that:
a) you are validly existing, in good standing and free to enter into this Agreement;
b) you have not changed the nature of your business or
practices in a way not previously disclosed to us;
c) each statement made on the Application or other
information provided to us in support of this Agreement is true, accurate and complete and you have maintained and updated this information to keep it true, accurate, current and complete;
d) you have not filed a bankruptcy petition not previously disclosed to us;
e) you will not process any credit transactions that do not correspond to a previous transaction on the original sales draft;
f) you will not at any time during the term of this Agreement or until all amounts have been paid in full under this
Agreement, grant or pledge any security interest or lien of any type in any Reserve Account, Settlement Account or in any of the transaction proceeds to any Person without our consent; and
g) where you provide FNS, SNAP or WIC Benefits (as
described in the Your Payments Acceptance Guide), you are an FNS authorized merchant and are not disqualified or
withdrawn from redeeming food stamp coupons or
otherwise disqualified or withdrawn by FNS.

10.1 THIS AGREEMENT IS A SERVICE AGREEMENT. USE OF

THE SERVICES, SOFTWARE OR ANY EQUIPMENT (INCLUDING

ANY SERVICES, SOFTWARE OR EQUIPMENT PROVIDED BY

OR THROUGH A THIRD PARTY) IS AT YOUR OWN RISK AND

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

THE SERVICES, EQUIPMENT AND ANY SOFTWARE IS
PROVIDED “AS IS” AND WE DISCLAIM ALL

REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,

MADE TO YOU OR ANY OTHER PERSON, INCLUDING ANY

WARRANTIES REGARDING QUALITY, SUITABILITY,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

OR THAT SERVICES, EQUIPMENT OR ANY SOFTWARE WILL

OPERATE UNINTERRUPTED OR ERROR FREE OR THAT THE

SERVICES, EQUIPMENT OR SOFTWARE ARE SECURE, FREE OF
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VIRUSES OR OTHER HARMFUL COMPONENTS, OR DO NOT
INFRINGE THE RIGHTS OF ANY PERSON.

10.2 IN NO EVENT SHALL WE OR OUR AFFILIATES OR ANY

OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS,

EMPLOYEES, AGENTS OR SUBCON- TRACTORS, BE LIABLE

UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY

OR OTHER LEGAL THEORY FOR LOST PROFITS, LOST

REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY,

PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR

CONSEQUENTIAL DAMAGES, EACH OF WHICH IS EXCLUDED

BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER

SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY

PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

10.3 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT
TO THE CONTRARY (INCLUDING SECTION 26):
a) OUR CUMULATIVE LIABILITY FOR ALL LOSSES, CLAIMS,

SUITS, CONTROVERSIES, BREACHES OR DAMAGES FOR ANY

CAUSE WHATSOEVER (INCLUDING THOSE ARISING OUT OF

OR RELATED TO THIS AGREEMENT AND ANY INDEMNITIES),

REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY,
SHALL NOT EXCEED, (I) $50,000; OR (II) THE AMOUNT OF

FEES RECEIVED BY US UNDER THIS AGREEMENT FOR
SERVICES PERFORMED IN THE IMMEDIATELY PRECEDING 12
MONTHS, WHICHEVER IS LESS;
b) ANY LIABILITY THAT WE MAY HAVE TO YOU FOR ANY

DELAY IN FUNDING TRANSACTIONS WILL BE LIMITED TO

INTEREST COMPUTED FROM THE DATE THAT YOU SUBMIT

THE TRANSACTION TO THE DATE THAT WE FUND THE

TRANSACTION AT THE RATE OF THE FEDERAL FUNDS AS

SET BY THE FEDERAL RESERVE BANK OF NEW YORK, NEW
YORK, LESS ONE PERCENT (1%); AND
c) OUR LIABILITY ARISING OUT OF OR IN ANY WAY

CONNECTED WITH ANY EQUIPMENT OR SOFTWARE SHALL

NOT EXCEED THE PURCHASE PRICE OR PRIOR TWELVE
MONTH’S RENT OR FEES, AS APPLICABLE, PAID TO US FOR
THE PARTICULAR EQUIPMENT OR SOFTWARE INVOLVED.

11.1 You shall provide and obtain any disclosures and
consents related to the E-SIGN Act that may be required in connection with your communications and agreements with your customers through the Services.

11.2 If you are able to discern any information about a particular entity or individual from the information available through Insightics or any other Service, either alone or with other information in your possession, you agree that the information may be subject to certain privacy, marketing, insider trading, or other applicable laws and you shall limit your use and disclosure of that information in accordance with all applicable laws.

11.3 With respect to each customer who desires to receive marketing material, transaction receipts or other
communications from you via text message or email, such customer must give the appropriate consent in writing; you are NOT permitted to add or modify a customer’s consent indication on behalf of the Customer.

11.4 You (or your agents acting on your behalf) shall only send marketing materials or other communications to a
customer’s provided phone number, street address, and/or email address if the customer has specifically consented in writing executed by the customer.

11.5 If you offer any loyalty program to customers through the Services or otherwise, you are solely responsible for any and all offerings made available to customers in connection with your loyalty program (each, an Offer). The Offer and all of the related information, including branding (trademarks and logos) and images (collectively, the Content) are
provided and determined by you. You are solely responsible for ensuring the accuracy of the Offer and Content.

11.6 By providing Content to us as part of our Services, you grant us the right and license to use, modify (e.g. for formatting and display purposes), publicly perform, publicly display, reproduce and distribute such Content on and
through the Services, including any Software we make
available to you. This license includes the right for us to make Content available to other users who may access and use your Content.

11.7 You are solely responsible for (a) fulfilling the terms of your Offers and determining the criteria for your customers to earn and redeem perks, rewards, stamps, credits or
incentives (Rewards); and (b) honoring Rewards for eligible customers who earn those Rewards and you agree not to
withdraw or terminate any Offer after it has been made
publicly available to your customers without offering a reasonable alternative method for customers to redeem any Rewards related to the Offer.

11.8 You are solely liable for, and we shall have no liability in relation to, any costs or expenses (including refunds)
associated with your Offers or Rewards or your failure to issue, accept, fulfill or redeem any Rewards

12.1 You shall safeguard all confidential information we supply or otherwise make accessible to you (including the terms of this Agreement) using a reasonable degree of care.

You shall only use our confidential information for the 249
purposes of this Agreement and shall not disclose our
confidential information to any person, except as we may agree in advance and in writing. We acknowledge that you may be subject to public records laws for the State in which you are located and any non-exempt public records, which may include our confidential information, are subject to inspection and copying upon request by the public. If a Public Records request is made for our confidential
information, you will provide us 10 days’ prior notice of your intent to disclose the records so that we may seek a
protective order or take other court action. If no such action is filed, you may disclose the records. At our request you shall return to us or destroy all of our confidential
information in your possession or control.

12.2 You agree that breach of the restrictions on use or disclosure of our confidential information would result in immediate and irreparable harm to us, and money damages would be inadequate to compensate for that harm. We shall be entitled to equitable relief, in addition to all other available remedies, to redress any breach.

12.3 You may submit comments or ideas about our Services, including about how to improve our Services. By submitting any idea, you agree that: (a) we expressly disclaim any confidentiality obligations or use restrictions, express or implied, with respect to any idea; (b) your submission will be non-confidential; and (c) we are free to use and disclose any idea on an unrestricted basis without notifying or
compensating you. You release us from all liability and obligations that may arise from our receipt, review, use or disclosure of any portion of any idea.

13. Use of Data

13.1 You agree we may use Transaction Data for the purpose of providing additional products and services to you, other merchants, or third parties. This includes using Cardholder information, dates, transaction details, and other Transaction Data to provide you with analytics products and services as well as collecting using Transaction Data aggregated with other merchants’ transaction data to provide you, other merchants, third parties with analytic products and services.

13.2 In the course of providing Services, we may collect information relating to activities on your network, including network configuration, TCP/ IP packet headers and contents, log files, malicious codes, and Trojan horses. We retain the right to use this information or aggregations of this
information, in addition to the Transaction Data described above, for any reasonable purpose.

13.3 You agree that we may obtain relevant information from any applicable telecommunications provider you utilize, as necessary to investigate any allegation of fraud, suspected fraud or other actual or alleged wrongful act by you in connection with the Services.

14. Intellectual Property Rights

14.1 All right, title, and interest in and to all confidential information and intellectual property related to the Services (including the Marks, all Software, the content of any
materials, web screens, layouts, processing techniques, procedures, algorithms, and methods and any updates,
changes, alterations, or modifications to or derivative works from such intellectual property), owned, developed or
licensed by us prior to, during the term of, or after this Agreement, or employed by us in connection with the
Services, shall be and remain, as among the Parties, our or our affiliates’, our vendors’ or our licensors’ (as applicable) sole and exclusive property and all right, title and interest associated with the Services, Equipment and Software not expressly granted by us in this Agreement are deemed
withheld.

You may not use our Marks in any manner, including in any advertisements, displays, or press releases, without our prior written consent.

14.2 You may not, nor may you permit any third party to do any of the following: (a) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover by any means any source code, underlying ideas or algorithms of the Service, Software or Equipment (or any part), except to the extent that such restriction is expressly prohibited by law; (b) modify, translate, or alter in any manner, the Service, Software or Equipment (or any part) or the Marks; (c) create derivative works of or based on the Service (or any part), Software or the Marks; (d) except for backup and archival purposes, directly or indirectly copy the Service or any Software (or any part); (e) republish, upload, post, transmit, disclose, or distribute (in any format) the Service or Software (or any part) except as permitted in this Agreement; or (f) remove, relocate, or otherwise alter any proprietary rights notices from the Service, Software or documentation (or any part) or the Marks.

14.3 If we provide you with copies of or access to any
Software or documentation, unless otherwise expressly
stated in writing, that Software and documentation is
provided on a personal, non-exclusive, non-transferable, non-assignable, revocable limited license for the period of your subscription to the applicable Service and solely for you to access and use the Software and documentation to
receive the relevant Services for its intended purpose on systems owned or licensed by you. Software can only be
used with certain computer operating systems and it is your responsibility to ensure that you have the appropriate
hardware and software to use the Software.
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15.3 Processor may not assign or transfer this Agreement to any other Person without your prior written consent (such consent not to be unreasonably withheld by you). Subject to Card Organization Rules, Bank may assign or transfer this Agreement and its rights, duties and obligations hereunder, in whole or in part, to any Person, whether in connection with a change in sponsorship, as set forth in the preceding paragraph, or otherwise, without notice to you or your
consent. In addition, another Visa and member
may be substituted for Bank under whose sponsorship this Agreement is performed with respect to Visa and
transactions. Upon such substitution, such other
Visa and member shall be responsible for all

14.4 You shall not take any action inconsistent with the stated title and ownership in this Section 14. You will not file any action, in any forum that challenges the ownership of any part of the Service or any Software, materials or
documentation. Failure to comply with this provision will constitute a material breach of this Agreement. We have the right to immediately terminate your access to and use of the Service in the event of a challenge by you.

14.5 If you are acquiring any Services on behalf of any part of the United States Government (Government): (a) any use, duplication, or disclosure by the Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause of FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar
clauses in the NASA FAR Supplement; and (b) we are the
contractor/manufacturer, with the address set forth in this Agreement.

15.1 Any transfer or assignment of this Agreement by you, without our prior written consent (such consent not to be unreasonably withheld by us), by operation of law or
otherwise, is voidable by us and, in such event we may: (a) suspend Services at any time and without notice, (b) hold you and your guarantors liable for all obligations incurred by such purchaser or transferee, and (c) offset funding and obligations incurred on your accounts without regard to whether such funding or obligations relate to activities of you or of such purchaser or transferee.

15.2 If you make an assignment (or provide a security
interest) of receivables covered by this Agreement, then we may, at our option, elect to: (a) refuse to acknowledge such assignment unless accompanied by an authorization to both initiate debits or credits to the bank account of the assignee; (b) terminate this Agreement immediately; or (c) charge for any transfers that we are called upon to make manually to fulfill such an assignment at the rate of $100 per transfer. obligations required of Bank, including full responsibility for its Card program and such other obligations as may be
expressly required by applicable Card Organization Rules.

15.4 If this Agreement is assigned with our permission or by operation of law, the restriction against assignment shall continue to apply to the assignee, who will not be authorized to further assign this Agreement except as described in this Section.

16.1 This Agreement becomes effective only when approved by our Credit Department. We reserve the right to
immediately suspend or terminate your account and this
Agreement if you fail to meet our credit policies even if your account has been activated to submit transactions prior to your approval by our Credit Department.

16.2 The initial term of this Agreement is three years from the date of your approval by our Credit Department (the Initial Term). After the Initial Term, subject to Section 16.3, this Agreement shall automatically extend for additional period of one year each (each an Extended Term).

16.3 A party may give written notice to the other party, not later than 30 days before the end of the Initial Term or the relevant Extended Term, to terminate this Agreement at the end of the Initial Term or the relevant Extended Term, as the case may be. Should you fail to notify us in writing that you wish to terminate this Agreement under this Section

16.3 you agree that you will continue to be charged certain fees pursuant to this Agreement even if you are not using your account. If you have an equipment lease, termination of this Agreement does not terminate that equipment lease.

16.4 We may terminate this Agreement or suspend any or all of the Services immediately and without notice in the
following circumstances (each, a Default):
a) a material adverse change in your business, financial condition, or business prospects;
b) any assignment or transfer of voting control of you or your parent or sale of all or a substantial portion of your assets;
c) irregular Card sales by you, excessive Chargebacks,
noncompliance with any applicable data security standards, as determined by Servicers, or any Card Organization, or any other Person, or an actual or suspected data security breach, or any other circumstances which, in our sole discretion, may increase our exposure for your Chargebacks or otherwise present a financial or security risk to us;
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d) you breach any of your representations, warranties or covenants in this Agreement or you default in any material respect in the performance or observance of this Agreement or in any agreement with any of our respective Affiliates, including the establishment or maintenance of funds in a Reserve Account or any failure to notify us of any change to the information in your merchant profile;
e) your actions come under investigation by any Card
Organization resulting in the Card Organization directing us to terminate or suspend our Services or Agreement with you; or f) you violate any applicable law or Card Organization Rule or we reasonably believe that termination of this Agreement or suspension of Services is necessary to comply with any law, including the rules and regulations promulgated by the
Office of Foreign Assets Control of the U.S. Department of the Treasury.

16.5 We may suspend or terminate this Agreement or our
provision of one or more Services to you without penalty if:
(a) the Service is generally discontinued; (b) our arrangement with the Card Organization or third party vendor in relation to the Service expires or terminates; (c) we are directed to end the service to you by any Card Organization; (d) we are prevented from providing the Service by any law, regulation, requirement, ruling or notice issued in any form whatsoever by judicial or governmental authority; or (e) we are for any other reason no longer able to provide the Service.

16.6 We may also suspend Services to: (a) prevent damages to, or degradation of, our or a third party vendor or
network’s network integrity that may be caused by a third party; (b) comply with any law, regulation, court order or other governmental request which requires immediate
action; or (c) otherwise protect us or a third party vendor from potential legal liability. To the extent commercially reasonable, we shall give notice to you before suspending any Services in these circumstances. If not commercially reasonable to give prior notice, we shall give notice to you as soon as commercially practicable thereafter. Availability of Services may vary due to events beyond the control of us or our third party vendors. In the event of a suspension of a Service under this Section, we or the applicable third party vendor shall promptly restore the Services after the event giving rise to the suspension has been resolved.

16.7 Subject to Section 16.8, you can terminate this
Agreement if we notify you of an increase to your fees or add new fees and you notify us that you are terminating this Agreement within 30 days of our notice. If you do not notify us in the required period, you are deemed to have accepted the fee changes.

16.8 Your right to terminate under Section 16.7 does not apply to increases in rates or any other charges or new fees imposed on us by third parties (including the Card
Organizations) which we pass on to you in accordance with Section 6.5 or where we adjust your fees in accordance with Section 6.4. Any termination in these circumstances shall be considered a breach of this Agreement

16.9 The expiration or termination of this Agreement shall not affect the obligations and rights of the parties pursuant to provisions of this Agreement which by their terms are intended to survive, including Sections 8, 10, 12, 14, 17, 19, 26 and 27. After expiration or termination of this Agreement or your subscription to a particular Service for any reason: (a) your right and license to access and use the Software and documentation associated with the Service shall immediately cease and, within five (5) days after such event, you shall either return to us or destroy all Software and
documentation provided to you by us and shall so certify to us in writing; and (b) you shall continue to bear total responsibility for all transactions you have submitted to us and all Chargebacks, fees, Card Organization fines imposed on us as a result of your acts or omissions, credits and adjustments resulting from Card transactions processed
pursuant to this Agreement, and all other amounts then due or which may become due under this Agreement. On
termination due to a Default, all amounts owing to us shall be immediately due and payable.

16.10 If you file for protection under the U.S. bankruptcy code or any other laws relating to bankruptcy, insolvency, assignment for the benefit of creditors or similar laws, and you continue to use our Services, it is your responsibility to open new accounts to distinguish pre and post filing
obligations. You acknowledge that as long as you utilize the accounts you established prior to such filing, we will not be able to systematically segregate your post-filing transactions or prevent set-off of the pre-existing obligations. In that event, you will be responsible for submitting an accounting record supporting any adjustments that you may claim.

16.11 The Card Organizations maintain merchant lists such as the Member Alert To Control High-risk (Merchants) (MATCH) who have had their merchant agreements or card acceptance rights terminated for cause. If this Agreement is terminated for cause, you
(a) agree that we may report your business name and the names and other information regarding your principals to the Card Organizations for inclusion on such list(s); and (b) waive and hold us harmless from and against any and all claims which you may have as a result of such reporting. 252

17.1 You agree that in addition to any other rights we have under this Agreement, we may establish a Reserve consisting of cash or other assets that we will hold to satisfy your obligations or potential obligations under this Agreement or any other agreement with us or our Affiliates.

17.2 The amount of the Reserve shall be set by us in our sole discretion based upon your processing history and the
potential risk of loss to us, as we may determine.

17.3 The Reserve shall be fully funded upon three days’ notice to you or immediately in instances of suspected fraud or a Default.

17.4 The Reserve may be funded by all or any combination of: (a) one or more debits to your Settlement Account or any other accounts held by Bank or any of its Affiliates, at any financial institution maintained in your name or in the name of any of your principals, or any of your guarantors, or if any of same are authorized signers on such account; (b) any payments otherwise due to you from us or our Affiliates; or (c) any other collateral that you agree to provide and we agree to accept in our mutual discretion.

17.5 If this Agreement is terminated by any party, an
immediate Reserve may be established without notice in the manner provided above. In these circumstances, the Reserve will be held by us for 10 months after termination of this Agreement or for such longer period of time as is consistent with resolution of all liability from your Card acceptance including Chargebacks, fines, fees or obligations of any other kind.

17.6 Any funds we hold in Reserve represent general
payment obligations to you which do not become due until all potential contingent liabilities arising from your Card transactions have expired or lapsed. We may set-off any obligations that you owe to us before returning the balance of the Reserve. Unless specifically required by law, you shall not be entitled to interest on any funds held by us in the Reserve, and we shall be entitled to accrued interest in such funds.

17.6 If any funds we hold in Reserve are not sufficient to cover the Chargebacks, adjustments, fees and other charges and amounts due from you, or if the funds in Reserve have been released, you agree to promptly pay us such sums
upon request.

18.1 You are solely responsible for: (a) ensuring the accuracy of all information and data regarding your business that you provide to us or our service providers in connection with the Services, including any menus loaded onto a Device; (b) verifying that all information and data loaded onto a Device by us or our service providers at your request are accurate prior to your business use of such Device; and (c)
immediately notifying us should any information you have provided to us become inaccurate or misleading. We and our service providers disclaim any and all liability arising out of any inaccuracies with respect to such information or data.

18.2 Upon request, you will provide us and our Affiliates quarterly financial statements within 45 days of the end of each fiscal quarter and annual audited financial statements within 90 days of the end of each fiscal year. Any financial statements provided must be prepared in accordance with generally accepted accounting principles. You will also provide other information concerning your business and
your compliance with the terms and provisions of this
Agreement as we may reasonably request.

18.3 You authorize us and our Affiliates to obtain from third parties financial and credit information relating to you in connection with our determination whether to accept this Agreement and our continuing evaluation of your financial and credit status. We may also access and use information which you have provided to us for any other reason.

18.4 Upon request, you shall provide to us and our Affiliates or our representatives or regulators (as well as those of the Card Organizations) reasonable access to your facilities and records for the purpose of performing any inspection
(including of Equipment) and copying of books and records deemed appropriate. You shall pay the costs incurred by us or our Affiliates for such inspection, including costs incurred for airfare and hotel accommodation.

18.5 You authorize us to share information provided by you in your Application or otherwise with other relevant
organizations, including those involved in the provision of the Services.

19.1 Upon notice to you, we may audit your usage, records and security, your customer’s payment processing
information, and the Services to ensure that (a) you are using the Services in full compliance with this Agreement; (b) all applicable fees have been paid; and; (c) you are in full compliance with all applicable laws, regulations and rules (including Card Organization Rules). Any such audit shall be conducted during regular business hours at your offices and shall not interfere unreasonably with your business.

19.2 You shall cooperate fully with any investigation or audit we or any Card Organization may undertake in relation to data security and you authorize us to share the details of any 253
questionnaire or compliance report with the Card
Organizations

20.1 We may perform maintenance on Software or Services which may result in service interruptions, delays, or errors.

We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we may contact you in order to assist you with the Software or Services and obtain
information needed to identify and fix any errors.

20.2 We may, at our discretion, release enhancements,
improvements or other updates to any Software. If we notify you of any such update, you shall integrate and install such update into your systems within thirty (30) days of your receipt of such notice. You acknowledge that failure to install any updates in a timely fashion may impair the functionality of the Software or Services. We shall have no liability for your failure to properly install the most current version of any Software or any update, and we shall have no obligation to provide support or services for any outdated versions.

20.3 You acknowledge and understand that certain Software can automatically install, download, and/or deploy updated and/or new components, which may include a new version of the Software itself. You shall not, in any event or in any manner, impede the update process. You agree to assume
full responsibility and indemnify us for all damages and losses, of any nature, for all adverse results or third party claims arising from your impeding the update process.

20.4 We and our Wireless Vendor(s) reserve the right to make changes in the configuration of Wireless Services, Wireless Networks, Wireless Equipment, Wireless Software, rules of operation, accessibility periods, identification procedures, type and location of equipment, allocation and quantity of resources utilized, programming languages,
administrative and operational algorithms and designation of the control center serving you at the particular address.

20.5 The default version and functionality of Clover software applications that are accessible at the time you acquire a Clover Device may vary.

21.1 You may access certain of our Services through a Device using a wired (ethernet) or wireless (WiFi or cellular) connection to the internet. You are solely responsible for the payment of any fees that may be imposed by your
internet/data provider. Your use of any Services accessed wirelessly or through the internet is subject to: (a) the terms of any agreements you have with your internet/data
provider; and (b) availability, transmission range and uptime of the services and any wireless equipment.

21.2 You agree that we shall not be liable to you for any claims, damages, losses, obligations, costs or expenses or other liability arising directly or indirectly from or otherwise concerning (a) any termination, suspension, delay or
disruption of service (including billing for a service) by the internet, any common carrier or any third party service provider; (b) any failure, disruption or malfunction of any of the Services, the Internet, or any communications network, facility or equipment beyond our or a third party’s
reasonable control, whether or not attributable to one or more common carriers; (c) your failed attempts to access any Services or to complete transactions via any of the Services; or (d) any failure to transmit, obtain or collect data or for human, machine or software errors or faulty or erroneous input by you.

21.3 We may alter which Devices and browsers are approved as compatible with particular Services in our discretion.

21.4 If a Service relies on online connectivity to provide upto-date data, you assume all risk, responsibility and liability associated with any transaction that you choose to conduct while the Service is offline.

22.1 Unless otherwise agreed in writing, you have the sole responsibility to select and employ any competent
programming agent(s) to accomplish any programming
required to make your systems function correctly with our platforms (Integration). You shall be responsible for all technical support for your systems and Integration related issues. You agree that you will use commercially reasonable efforts to complete any Integration as soon as possible. You will be responsible for all of your own development and implementation costs associated with such Integration.

22.2 You acknowledge that unless and until you complete any Integration, no Services which require such Integration shall need be provided by us to you pursuant to this
Agreement.

22.3 Upon your request to us, and upon payment of any
applicable fees, we may provide you with set-up services to assist with any Integration.

23.1 You are solely responsible for establishing and
maintaining Card Organization Rule compliant security
policies and procedures to prevent unauthorized access to and use of Cardholder Information or any other data,
including by implementing: (a) all steps required to comply 254

24.1 We will sell to you, and you will buy from us Equipment identified in Equipment Documents as being sold to you
(individually and collectively, the Purchased Equipment). We with the PCI DSS, including ensuring all third parties and software use by you in connection with your payment
processing are compliant with PCI DSS; (b) appropriate
controls to limit access to, and render unreadable prior to discarding, all Cardholder Information and other data; (c) firewalls, passwords and other appropriate security features to protect against unauthorized access to your terminals, systems, the Services and any Software by your employees, contractors, customers, or by any other person (including instituting appropriate controls to prevent employees or others from submitting credits that do not reflect bona fide returns or reimbursements of earlier transactions); and (d) any other reasonable protective techniques suggested by us.

You are required to provide information to us regarding your PCI-DSS compliance when requested, including but not
limited to an annual questionnaire that we will make
available to you.

23.2 If you become aware of any loss, theft or unauthorized use of any data and/or any suspected breach of your systems or any suspicious transactions or fraudulent activity or if any other Data Security Event occurs, you shall (a) immediately notify us (and, as required under the Card Organization Rules, each Card Organization); (b) cooperate fully with any investigation into such matter by us or any Card
Organization; (c) investigate the matter and perform all remedial actions reasonably specified by us; (d) not, without our prior written consent, take any action, or fail to take any action, which prejudices our rights under this Agreement; (e) not admit any liability, assume any financial obligation, pay any money, or incur any expense in connection with any
Data Security Event without our prior written consent. If you do so, it will be at your own expense; and (f) grant us and our vendors the right to access and perform a scan of the IP addresses identified within your profile (and you agree and authorize payment for the additional scan). We reserve the right to deny you access to the Services, in whole or in part, if we believe that any loss, theft or unauthorized use of any data or access information has occurred.

23.3 You are responsible for all electronic communications sent to us or to any third party. When we receive
communications from you we will assume you sent it to us.

23.4 You will not obtain ownership rights in any Cardholder Information. You must not use, disclose, store, sell or disseminate any Cardholder Information except for purposes of authorizing, completing and settling Card transactions and resolving any Chargebacks, retrieval requests or similar issues involving Card transaction.
will rent to you and you agree to accept and rent from us Equipment identified in Equipment Documents as being
rented to you (individually and collectively, the Rental Equipment).

24.2 Any Equipment sold or rented to you is being sold or rented to you solely for business use and not for household or personal use.

24.3 Warranties, if any, for the Equipment or any related Software will be contained within the packaging and
originate from the applicable third party provider or
manufacturer (Vendor) not us.

24.4 YOU ACKNOWLEDGE THAT ANY EQUIPMENT AND/OR

SOFTWARE YOU PURCHASE OR RENT FROM US MAY NOT
BE COMPATIBLE WITH ANOTHER PROCESSOR’S SYSTEMS.

WE DO NOT HAVE ANY OBLIGATION TO MAKE SUCH

SOFTWARE AND/OR EQUIPMENT COMPATIBLE WITH ANY
OTHER PROCESSING SYSTEMS. IF YOU ELECT TO USE

ANOTHER PROCESSING SERVICE PROVIDER ON

TERMINATION OF THIS AGREEMENT, YOU ACKNOWLEDGE

THAT YOU MAY NOT BE ABLE TO USE THE EQUIPMENT

AND/OR SOFTWARE RENTED OR PURCHASED UNDER THIS
AGREEMENT.

24.5 We will provide you supplies as requested by you. You shall pay the purchase price for such supplies, plus shipping and handling charges, including all applicable tax, prior to delivery of the supplies or upon invoice, as specified by us, or at our option, such amounts will be collected by us by debits or deductions pursuant to this Agreement.

24.6 We will deliver the Equipment to the site you designate.

You are deemed to have accepted each piece of Equipment at the earlier of: (a) your actual acceptance after installation; (b) delivery to you if your site is not prepared and ready for installation; or (c) for Equipment that we have not agreed to install for you, seven (7) days after shipment of each such piece of Equipment. The rental period for each piece of Rental Equipment starts on the date the Equipment is
deemed accepted and terminates at the scheduled
termination date in the Equipment Documents.

24.7 You will prepare the installation site(s) for the
Equipment, including the power supply circuits and phone lines, in conformance with the manufacturer’s and our
specifications and will make the site(s) available to us by the confirmed shipping date. Any alterations required for
installation of Equipment will be done at your expense.

24.8 You shall cause the Equipment to be operated by
competent and qualified personnel in accordance with any operating instructions furnished by us or the manufacturer.

You shall not use the Equipment, or permit the Equipment to 255
be used, in any manner or for any purpose for which the Equipment is not designed or reasonably suited.

24.9 You may not relocate, remove, disconnect, modify or in any way alter any Equipment without our prior consent.

24.10 You are responsible for safeguarding Equipment from (and shall immediately notify us of any) loss, damage,
unauthorized use, misuse or theft.

24.11 You shall keep the Rental Equipment adequately
insured against loss by fire, theft and all other hazards (comprehensive coverage). The loss, destruction, theft of or damage to the Rental Equipment does not relieve you of
your obligation to pay the full purchase price or rent payable under this Agreement.

24.12 If Equipment is defective, you must immediately call the POS Help Desk. If necessary, we will assist you in
obtaining replacement Equipment. If you fail to return any defective Equipment, you may be responsible for its
replacement value and for any legal and/or collection costs incurred by the Equipment owner in connection with
recovering Equipment.

24.13 Rented Equipment may not be subleased at any time and you must keep all Equipment free of any claims, liens and legal processes initiated by creditors.

24.14 Promptly upon termination of all applicable rental periods or promptly following any action by us following a Default, you shall deliver possession of all Rental Equipment (including all attachments and parts) to us at your cost in the same operating order, repair, condition and appearance that the Rental Equipment had at the time of its delivery to you, except for reasonable wear and tear. For each item of Rental Equipment not so returned 14 calendar days after (a)
termination of the applicable rental period, or (b) any action by us following a Default, you agree to pay us the greater of $250 or the fair market value of such item of Equipment if it were in the condition described above, as determined by us.

24.15 Except for Purchased Equipment that has been paid for in full, the Equipment shall remain our personal property and shall not under any circumstances be considered to be a fixture affixed to your real estate. You shall permit us to affix suitable labels or stencils to the Equipment indicating our ownership.

24.16 You shall return Equipment in accordance with the procedure set out in the Your Payments Acceptance Guide.

Rental fees may be continued until Equipment is returned.

24.17 You hereby grant to us a security interest in (a) all Purchased Equipment and the related Software to secure
payment of the purchase price; and (b) all Rental Equipment and the related Software to secure payment of the monthly payments and authorize us to file financing statements with respect to the Equipment and the Software in accordance with the Uniform Commercial Code, signed only by us or
signed by us as your attorney-in-fact.

24.18 You agree that in order to access any Wireless Services, you must use wireless POS Terminals and accessories
approved for use with the Wireless Services by us in our sole discretion (Wireless Equipment).

24.19 You agree to obtain any and all licenses, permits or other authorizations required by the Federal
Communications Commission (FCC) or any other regulatory authority, if any, for the lawful operation of any Wireless Equipment used by you. You shall promptly provide us with all such information as we may reasonably request with
respect to matters relating to the rules and regulations of the FCC.

25.1 You shall comply fully with the requirements of all applicable federal, state and local laws and regulations related to your use of Software, Equipment and each Service and provision and use of any Cardholder Information,
customer information and other point of sale data in
connection with the Services. You shall not use the Services for illegal purposes.

25.2 You are solely responsible for obtaining all required permits and monitoring legal developments applicable to the Services and the operation of your business, interpreting applicable laws and regulations, determining the
requirements for compliance with all applicable laws and regulations, and maintaining an on-going compliance
program.

25.3 NOTWITHSTANDING THE CAPABILITY OF CERTAIN

SERVICES TO COLLECT AND STORE CUSTOMER

INFORMATION AND TO ALLOW YOUR CUSTOMERS TO

ELECT TO RECEIVE MARKETING MATERIALS FROM YOU,

SOME STATES MAY LIMIT YOUR USE OF SUCH

INFORMATION ONCE COLLECTED, EVEN IF THE CUSTOMER

HAS PROVIDED HIS CONSENT, AND/OR YOUR DISCLOSURE
OF SUCH INFORMATION TO THIRD PARTIES. YOU
ACKNOWLEDGE AND AGREE THAT (a) YOUR USE OF ANY

CUSTOMER INFORMATION OBTAINED IN CONNECTION

WITH THE SERVICES MAY BE SUBJECT TO LOCAL, STATE,
AND/OR FEDERAL LAWS, RULES, AND REGULATIONS, (b)

YOU ARE SOLELY RESPONSIBLE FOR KNOWING SUCH LAWS,

RULES, AND REGULATIONS, AND
(c) YOU WILL AT ALL TIMES STRICTLY COMPLY WITH ALL
SUCH LAWS, RULES, AND REGULATIONS.
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26.1 You agree to be fully responsible for and hold us, our Affiliates and third party service providers harmless from and against all losses, liabilities, damages and expenses arising from:
(a) any breach or misrepresentation by you under this
Agreement; (b) your or your employees’ or your 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, including any Software or Equipment provided
under this Agreement; (d) any third party indemnifications we are obligated to make as a result of your actions
(including indemnification of any Card Organization or
Issuer); (e) your use of any Cardholder Information or other customer information obtained in connection with your use of the Services; (f) the content or delivery of any marketing messages that you send or cause to be sent to any customer; or (g) any other persons authorized or unauthorized access and/or use of any Service, Software or Equipment, whether or not using your unique username, password, or other
security features.

26.2 Subject to the limitations set forth in Section 10.3, we agree to agree to be fully responsible for and hold you harmless from and against all losses, liabilities, damages and expenses directly resulting from any breach or
misrepresentation by us under this Agreement or directly arising out of our or our employees’ gross negligence or willful misconduct in connection with this Agreement;
provided that this obligation shall only apply to Bank in relation to the services provided by it hereunder.

The parties agree to resolve disputes in accordance with this section.

27.1 Informal Resolution. In the event of any dispute or disagreement between the parties arising out of or relating to this Agreement (the “Dispute”), either party (“Notice Party”) may provide written notice to the other party
(“Receiving Party”) in an attempt to informally resolve the Dispute, including a description of the issues (“Initial Notice”). If the parties’ authorized representatives do not resolve the Dispute within ten (10) business days of delivery of the Initial Notice, then each party shall immediately refer the Dispute to an executive at the Vice President level. No proceedings for the resolution of such Dispute may begin until it has been elevated to the Vice President level, and the Vice President concludes, after a good faith effort to resolve the Dispute, that resolution through continued discussion is unlikely.

27.2 Litigation. Any Dispute not resolved within sixty (60) calendar days after a good faith effort to resolve the Dispute informally pursuant to Section 27.1 may be submitted to litigation. The parties agree that any litigation involving any Claim, regardless of whether the Claim is in contract, tort (including negligence), or otherwise or is legal or equitable in nature, that arises out of this Agreement that relates to the Services or the subject matter of this Agreement be brought exclusively in any appropriate state or federal court located in the State in which you are located.

27.4 Choice of Law; Venue. This Agreement shall be
governed by and construed in accordance with the laws of the State in which you are located (without regards to its choice of law provisions). The exclusive venue for any actions or claims arising under or related to this Agreement shall be in the appropriate state or federal court located in the State in which you are located.

27.5 Nothing in this Agreement will abrogate the defense of sovereign or governmental immunity if otherwise available to you.

28.1 All notices and other communications required or
permitted under this Agreement (other than those involving normal operational matters relating to the processing of Card transactions) shall be in writing and sent:
a) if to you, to your email address or postal address
appearing on the Application;
b) if to Processor, to its address appearing on the
confirmation page, with a copy to Attention: General
Counsel’s Office, 3975 N.W. 120th Avenue, Coral Springs, FL 33065; and
c) if to Bank, to the address appearing on the confirmation page.

28.2 Notices shall be effective when actually received or, if sent by courier, when delivered. Notices sent to your last known e-mail address or postal address, as indicated in our records, shall constitute effective notice to you under this Agreement.

28.3 You must give us 30 days prior notice of any change to your address. Failure to provide us with a valid address may result in the termination of this Agreement.

28.4 Notwithstanding the above, all bankruptcy, credit
reporting or collection related notices must be sent to the following address: Merchant Services Department, P.O. Box 675799 Marietta, GA 30006 Attn: Bankruptcy and Collection Notifications.
257

28.5 All notices must include your name(s) and merchant number(s).

29.1 You agree that we, our affiliates and our third party subcontractors and/or agents, may use, in addition to any live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or both, to contact you at the telephone number(s) you have provided, and/or may leave a detailed voice message if you are unable to be reached, even if the number provided is a cellular or wireless number or if you have previously registered on a Do Not Call list or requested not to be contacted for solicitation purposes.

29.2 You consent to receiving commercial electronic
messages, including email messages, SMS and text
messages, and telephone calls, from us, our Affiliates, and our third party subcontractors and/or agents.

30.1 This Agreement constitutes the entire Agreement
between the parties with respect to its subject matter, and supersedes any previous agreements and understandings.

30.2 A party’s waiver of a breach of any term or condition of this Agreement shall not be deemed a waiver of any
subsequent breach of the same or another term or condition.

30.3 Except with respect to Section 27, the parties intend every provision of this Agreement to be severable, and, if any part of this Agreement is not enforceable, the remaining provisions shall remain valid and enforceable.

31.1 We may modify this Agreement (including changing the fees or adding new fees) by 20 days written notice to you.

Subject to Section 31.2, you may choose not to accept the change by terminating this Agreement by written notice
within 30 days of our notice.

31.2 Notwithstanding Section 31.1, we may at any time
modify this Agreement in accordance with Section 6.5 or to reflect changes in applicable law, the Card Organization Rules or security procedures and your right of termination shall not arise in such circumstances.

32.1 Our Affiliates and any Persons we use in providing the Services are third party beneficiaries of this Agreement and each of them may enforce its provisions as if they are a party to it. The rights of the parties to rescind or agree to any variations, waiver or settlement under this Agreement are not subject to the consent of any Person.

32.2 Except as expressly provided in this Agreement, a
person who is not a party to this Agreement shall have no rights or remedies under this Agreement.

33.1 Under Section 6050W of the Internal Revenue Code, you will receive a Form 1099- K reporting the gross dollar
amount of card transactions processed through your
merchant account with us in each year.

33.2 Amounts reportable under Section 6050W are subject to backup withholding requirements. We will be required to perform backup withholding by deducting and withholding income tax from reportable transactions if (a) you fail to provide your taxpayer identification number (TIN) to us, or (b) if the IRS notifies us that the TIN (when matched with the name) provided by you is incorrect. Accordingly, to avoid backup withholding, it is very important that you provide us with the correct name and TIN that you use when filing your tax return that includes the transactions for your business.

34.1 You agree not to export or re-export any Software or Equipment or any underlying information except in full
compliance with all applicable laws and regulations.

34.2 None of the Software or Equipment or any underlying information may be down- loaded or otherwise exported or re-exported (a) to any country to which the United States has embargoed goods (or any national or resident thereof); (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States
Commerce Department’s Table of Deny Orders; or (c) in any manner not in full compliance with the requirements of the United States Bureau of Industry and Security and all
applicable Export Administration Regulations.

34.3 If you have rightfully obtained Software or Equipment or any underlying information outside of the United States, you agree not to re-export the same except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained it. You warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

35.1 We do not provide any business, investment or financial advice and are not advocating any business decision or the sale or purchase of any real property, stocks, bonds, or securities.

35.2 We expressly state, and you hereby acknowledge, that any information services are provided solely for
informational purposes and are not to be used as a
258
substitute for independent financial investment advice nor are they intended to be relied upon by any person or entity, including you or your customers for the purposes of
investment or other financial decisions.

36.1 The headings contained in this Agreement are for
convenience of reference only and shall not in any way affect the meaning or construction of any provision of this
Agreement. References in this Agreement to include,
including, or in particular shall not be given a restrictive meaning and shall be interpreted without limitation.

Reference to any legislation is to such legislation as
amended or supplemented in the future.

36.2 Certain terms used in this Agreement are defined below:

Affiliate: a Person that, directly or indirectly, (i) owns or controls a party to this Agreement or (ii) is under common ownership or control with a party to this Agreement.

Anticipated Interchange and Program Pricing Level: your initial anticipated Card Organization interchange and
program pricing rates.

Application: the application for Services executed by you.

Authorization: approval by, or on behalf of, the Issuer to validate a transaction. An Authorization indicates only that the Issuer has confirmed there is sufficient availability of funds on the Cardholder’s account at the time the
Authorization is requested.

Authorization and Capture: the communication of
instructions from your POS or other systems to our computer systems, whether the communications are for authorization requests or any other capture of information.

Card: See either Credit Card or Debit Card.

Cardholder: the Person whose name is embossed on a Card and any authorized user of such Card, also referred to as a Card Member by American Express.

Cardholder Information: the data contained on a Card, or otherwise provided to you, that is required by the Card Organization or us in order to process, approve and/or settle a Card transaction, including the names, addresses and Card account numbers of Cardholders.

Card Organization: any entity formed to administer and
promote Cards, including Worldwide
( ), Visa U.S.A., Inc. (Visa), DFS Services LLC
(Discover Network), PayPal, Inc. (PayPal), American Express Travel Related Services Company, Inc. (American Express) and any applicable debit networks.

Card Organization Rules: the rules, regulations, releases, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Organization and related authorities, including those of the PCI Security Standards Council, LLC and the National Automated Clearing House Association (including, with respect to EBTs, the Quest Operating Rules).

Chargeback: a Card transaction (or disputed portion) that is returned to us by the Issuer. You are responsible for payment to us for all Chargebacks.

Clover: Clover Network, Inc.

Clover Service: the website associated with the Clover
Service, the object code version of Clover software
applications (whether owned or licensed by Clover) resident on a Device at the time we provide you with the Device and the object code version of the software that enables the applications resident on a Device at the time of provisioning, and any related updates (including software maintenance or bug fixes) that are designed to assist with the management of your business and enable payment processing at the point of sale, and any materials, documentation and derivative works released by us.

Credit Card: a card bearing a valid Mark of Visa, , Discover Network, PayPal or American Express (or any other Card Organization specified by us in writing) and authorizing the Cardholder to buy goods or services on credit.

Credit Limit: the credit line set by the Issuer for the Cardholder’s Credit Card account.

Data Security Event: any actual or suspected unauthorized or fraudulent access to (or use, disclosure, or alteration of) Transaction Data (including but not limited to Cardholder Information) whether consisting of a single event, a
continuous course of events, or a series of related events.

Debit Card: a card bearing a valid Mark of Visa, , Discover Network or American Express or any debit network that is used to access funds in a Cardholder’s bank account or a prepaid account.

Device: a tablet, smartphone, or other mobile or fixed form factor identified by us as compatible with and capable of accessing and/or supporting a particular Service.

Discount Rate: a percentage rate or amount charged to a merchant for processing its qualifying daily Credit Card and Non-PIN Debit transactions, as set forth in the Application.

Dispute: any dispute, claim, or controversy related to or arising under any aspect of your relationship with us,
whether directly with Processor and/or Bank, or indirectly with any other person or entity related to the relationship, 259
and arising at any time during, before, or after that
relationship.

EMV Upgrade Costs: the costs you agree to incur to upgrade payment acceptance and processing hardware and software to enable you to accept and process EMV-enabled Cards in a manner compliant with the PCI DSS.

Equipment: equipment rented to or purchased by you under this Agreement and any Equipment Documents.

Equipment Documents: documents setting out additional
terms on which Equipment is rented to or purchased by you under this Agreement.

General Terms: these general terms and conditions on which the Services are provided, including any amendments or
modifications.

Foreign Currency: a currency other than the Local Currency and supported by us for a particular service.

GeP Transaction: a card not present transaction between you and a Cardholder using a card type approved by us, in which you present the price for the product or service in a Foreign Currency in a card not present environment and the
Cardholder authorizes (a) the price in a Foreign Currency to be submitted to a Card Organization for settlement, and (b) that the Cardholder’s account will be charged for the price in the Foreign Currency.

GeP Service: the merchant pricing of goods and services in a Foreign Currency and the activity undertaken by us and/or a GeP Service Provider to authorize, process, and settle GeP Transactions.

Issuer: the financial institution or Card Organization that has issued a Card to a Person.

Local Currency: the currency associated with your place of domicile and approved by us.

Marks: names, logos, emblems, brands, service marks,
trademarks, trade names, tag lines or other proprietary designations.

Merchant Account: shall mean an account set up for a
merchant that requires a card processor, bank, merchant ID, terminal ID, merchant account number, or otherwise named unique merchant number. Multiple physical or virtual
storefronts that process transactions under the same unique merchant number shall be deemed as one (1) Merchant
Account.

Merchant Account Number: a number that numerically
identifies each merchant location, outlet, or line of business to us for accounting and billing purposes.

MID: merchant identification number.

Mitigation Service: a service provided to a Cardholder whose information is the subject of a Data Security Event, where the primary purpose of the service is to mitigate the effects of the Data Security Event, including identity theft education and assistance and credit monitoring.

Non-PIN Debit: a transaction using a Debit Card that is processed without the use of a PIN.

Non-Qualified Fee: the difference between the interchange or program pricing associated with the Anticipated
Interchange and Program Pricing Level and the interchange or program pricing associated with the more costly
interchange or program pricing level at which the transaction actually processed.

Non-Qualified Surcharge: a surcharge applied to any
transaction that fails to qualify for the Anticipated
Interchange and Program Pricing Level and is therefore
downgraded to a more costly interchange or program
pricing level. The Non-Qualified Surcharge (the amount of which is set out on the Fee Schedule) is in addition to the Non-Qualified Fee, which is also your responsibility.

PCI: Payment Card Industry.

PCI DSS: Payment Card Industry Data Security Standard, as amended from time to time.

Person: an individual, corporation, partnership, sole
proprietorship, trust, association or any other legally recognized entity or organization, other than you or us.

PIN: a Personal Identification Number entered by the
Cardholder to submit a PIN Debit transaction.

PIN Debit: a transaction using a Debit Card where a
Cardholder-enters a PIN via a PIN Pad.

Reserve: funds that are otherwise payable to you which we hold to secure your obligations under this Agreement,
pursuant to Section 17 of this Agreement. The Reserve may also refer to other collateral that you may provide to us to secure such obligations. References to “Reserve Account” shall refer to our records and accounting of such funds or other collateral.

Security Event Expenses: means: (a) any obligation that you have to us arising from a Data Security Event, including EMV Upgrade Costs; (b) the cost of a security assessment
conducted by a qualified security assessor approved by a Card Organization or PCI to determine the cause and extent of a Data Security Event; and (c) any reasonable fees or expenses incurred by us, or by you with our prior written consent, for any Mitigation Service specifically approved by 260
us in writing but only if the Mitigation Service is provided within one (1) year after discovery of the relevant Data Security Event.

Servicers: Bank and Processor collectively. The words “we,” “us” and “our” refer to Servicers, unless otherwise indicated.

Services: the activities undertaken by us to authorize, process and settle Card transactions undertaken by Cardholders at your location(s), and all other services provided by us under this Agreement.

Settlement Account: an account or account(s) at a financial institution designated by you as the account to be debited and credited by us for Card transactions, fees, Chargebacks and other amounts due under this Agreement or in
connection with this Agreement.

Software: all software, computer programs, related
documentation, technology, know-how and processes
embodied in the Equipment i.e. firmware or otherwise
provided to you under this Agreement. For the avoidance of doubt, the term Software shall not include any third party software available as part of a Third Party Service or which may be obtained by you separately from the Services (e.g. any applications downloaded by you through an application marketplace).

Third Party Services: services, products, promotions or applications provided by someone other than us.

Transaction Data: data collected as part of performing
Services for you.

Transaction Rate: the then-current Foreign Currency
exchange rate used by the Card Organizations or their
designee to convert the net funding amount into the Local Currency.

Wireless Networks: certain cellular telephone and data
networks to which we have access though Wireless Vendors Wireless Services: wireless data communication services that use radio base stations and switching offered by Wireless Networks in order to allow you to capture and transmit to us certain wireless Card Authorization transactions or to
transmit other communications to our system.

Wireless Software: wireless software (including any
documentation relating to or describing the wireless
software) downloaded by you or your designee from our
systems onto the Wireless Equipment.

Wireless Vendors: one or more third party vendors selected by us in our sole discretion through whom we have acquired the right to resell Wireless Services.

You, Your: the merchant signing this Agreement.

Your Payments Acceptance Guide: the information prepared by us, containing operational procedures, instructions and other rules and requirements relating to Card transactions. 261
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264
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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.16
Meeting Date: June 10, 2026
SUBJECT: Resolution Approving Certain Contracts And Authorizing the City Manager to Execute the Preapproved Contracts
SUBMITTED BY: Janet Morales Garcia, City Clerk
PREPARED BY: Janet Morales Garcia, City Clerk
ACTION:

Adopt a resolution entitled:

RESOLUTION NO. 2026 -____

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

APPROVING CERTAIN CONTRACTS AS TO FORM AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE PREAPPROVED CONTRACTS
SUMMARY:

Adopting this resolution approves certain agreements as to form and authorizes the City Manager to execute those agreements.

BACKGROUND:

As part of the purchasing code update in 2025, staff did a thorough review of workflows surrounding purchasing to identify efficiencies and streamline processes. One of those candidates for streamlining is the contracts approval process. Prior to the update, all contracts over $50,000 had to go to Council for approval. This was a time consuming process, requiring preparation of a staff report and associated documentation, and a delay until the next available Council meeting. In some cases, it hindered project work starting within the necessary time frame.

Staff determined that the contracts process was also duplicative, as Council already approved purchases at the line item level as part of the Biannual budget. In addition, the City has ensured the purchasing process includes a series of strong controls which ensure fair competition and transparency with the use of public funds. This includes a contract report that will be taken to Council on a quarterly basis detailing all contracts executed in the prior quarter.

To streamline the process, staff recommended and Council approved Resolution No. 2025-01 and 2025-23 to approve certain contracts to form and authorized the City Manager to execute those preapproved contracts as long as they met the following criteria:
- Funds have been appropriated and included in the adopted budget. - The contract is a pre-approved contract listed in the Resolution. 268
- No changes to the contract. The terms and conditions of the agreement must remain the same as approved by the City Council under this resolution.

DISCUSSION:

Resolution No. 2025-01 expired on January 1, 2026. Resolution No. 2025-23 expired on June 11, 2026. This Resolution combines the contracts that were submitted for approval from both Resolutions, and renews the authorization for another year.

FISCAL IMPACT:

There is no fiscal impact to approving this resolution, although there is an anticipated savings in staff time as a result of this authorization.

ATTACHMENTS:

1. ContractsForm_Resolution_2026.docx

2. Attachment A to Resolution - Contracts.pdf
269
RESOLUTION NO. 2026 - _____

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

CALIFORNIA, APPROVING CERTAIN CONTRACTS AS TO FORM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

PREAPPROVED CONTRACTS
WHEREAS, on November 11, 2024, City Council approved Ordinance 244 amending City of Wildomar Municipal Code section 2.08.060(K), authorizing the City Manager to sign contracts as specified in California Government Code section 40602 on the City’s behalf when directed and authorized to do so by resolution of the City Council; and
WHEREAS, Ordinance 244 modifies City of Wildomar Municipal Code Chapter

3.28 regarding contracting for professional services clarifying the process for bidding and administration of contracts; and
WHEREAS, Ordinance 244 further modifies City of Wildomar Municipal Code Chapter 3.28 regarding administration of contracts, stating that for contracts where the City Council has delegated signature authority to the City Manager by resolution, the City Manager may approve one or more amendments to compensation, scope of work, and termination date; and
WHEREAS, the City of Wildomar is committed to streamlining contract review and approval processes and reducing unnecessary bureaucracy; and WHEREAS, the City of Wildomar has implemented strong purchasing controls; and
WHEREAS, the City of Wildomar adopted Resolution 2025-01 on January 15, 2025, and adopted Resolution No. 2025-23, approving certain contracts as to form and authorizing the City Manager to execute the preapproved contracts; and WHEREAS, Resolution 2025-01 expired on January 15, 2026 and Resolution No. 2025-23 expires on June 11, 2026; and
WHEREAS, the City of Wildomar would like to renew the authority for the City Manager to approve and sign certain preapproved contracts as to form.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. APPROVAL OF CONTRACTS AS TO FORM. City Council approves the form of the following contracts attached as Attachment A:
 Combined Services and Design Professional Agreement
 BMP Facilities Agreement (CFD Maintained BMPs)
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2  BMP Facilities Agreement (Privately Maintained BMPs)  Grading Agreement
 Public Improvement Agreement
 Agreement for Services
 CEQA Document Preparation and Deposit Tri Party Agreement  Parking License Agreement
 Joint Use License (HOA Park Use)
 MOU Community Event Partnerships
SECTION 2. DELEGATION OF AUTHORITY. As long as sufficient funds have been appropriated and included in the adopted budget, the City Manager is authorized to sign and approve the agreements attached as Attachment A (including subsequent contract amendments related to compensation, scope of work and/or termination date) for a period of one year from the date of this resolution. The agreements attached as Attachment A are only eligible for City Manager signature and approval if the terms and conditions of the agreement remain the same as approved by the City Council under this resolution.

SECTION 3. APPROVED CONTRACTS REPORT. Staff will prepare an approved contracts report which will be presented to Council on a quarterly basis. This report shall include all contracts approved in the prior quarter.

SECTION 4. This resolution shall take effect upon its adoption.

PASSED, APPROVED, AND ADOPTED this 10
th day of June 2026
______________________________
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
271

ATTACHMENT A

CONTRACTS
 Combined Services and Design Professional Agreement
 BMP Facilities Agreement (CFD Maintained BMPs)
 BMP Facilities Agreement (Privately Maintained BMPs)
 Grading Agreement
 Public Improvement Agreement
 Agreement for Services
 CEQA Document Preparation and Deposit Tri Party Agreement  Parking License Agreement
 Joint Use License (HOA Park Use)
 MOU Community Event Partnerships
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May 2026

AGREEMENT FOR SERVICES
[FOR ARCHITECTURAL, LANDSCAPE ARCHITECTURAL,

ENGINEERING, ENVIRONMENTAL, LAND SURVEYING, AND
CONSTRUCTION PROJECT MANAGEMENT SERVICES]
By and Between

THE CITY OF WILDOMAR,
a municipal corporation
and
___________________________________
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May 2026

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND
__________________________________
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 20__ (“Effective Date”) by and between the City of Wildomar, a municipal corporation (“City”) ”) organized under the laws of the State of California, with its principal place of business at 23873 Clinton Keith Road, Suite 110, Wildomar, California 92595 and ____________________ (SPECIFY FULL LEGAL NAME OF PERSON OR ENTITY), a ___________________ (SPECIFY LEGAL CAPACITY OF PERSON OR ENTITY, and STATE OF FORMATION IF AN ENTITY, e.g. an individual, DBA, a California limited liability company, a Delaware corporation, etc.) with its principal place of business at _________________________ [insert address] (“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 [describe process used, i.e. request for qualifications, request for quotations, request for proposals, direct negotiation, informal quotes] the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a [proposal, quote, bid, etc.] 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. Service Provider represents that it is knowledgeable and is able to provide services to public-sector clients and is familiar with the plans and requirements of City.

D. 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.

SECTION 1. TERM OF AGREEMENT.

The Term of this Agreement is [___ years/months], commencing on the Effective Date (“Term”). Unless earlier terminated in accordance with Section 20 "Termination of Agreement" of this Agreement, Service Provider shall complete the services within the Term of this Agreement and shall meet any other established schedules and deadlines. [**INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR AUTOMATIC RENEWAL; OTHERWISE ALWAYS DELETE; The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 274
May 2026
[insert number] additional one-year terms.**]
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Services”). If Exhibit “A” consists of Service Provider’s proposal, only those portions of the proposal describing the Services to be performed, the schedule for performance, and compensation are incorporated into this Agreement. All other proposal terms are excluded and of no force or effect. In the event of any conflict, the terms of this Agreement shall control.
(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 enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), 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 original 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 subService 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 “A” 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 are 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 charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. 275
May 2026
(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.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after the work is submitted to City. City shall reject work by a timely written explanation. Failure to provide written acceptance shall not be deemed acceptance. 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; EXCEPTIONS; WARRANTY Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Service Provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law.

Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.

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 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 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. 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) 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. 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 Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. 277
May 2026
(c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any 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 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, competently 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.

SECTION 11. PREVAILING WAGE LAWS
Service Provider acknowledges that certain portions of the Services may constitute “public works” within the meaning of California Labor Code § 1720 et seq., depending on how such Services are performed. Service Provider is solely responsible for determining the applicability of California prevailing wage requirements to the Services and, if applicable, for full compliance with all requirements of the California Labor Code, including but not limited to Labor Code §§ 1720–1782, the payment of prevailing wages, registration with the Department of Industrial Relations, and submission of certified payroll records.

Service Provider must require any subconsultants, subcontractors, or any other persons or entities performing any portion of the Services to comply with all applicable prevailing wage requirements.

SECTION 12. NONDISCRIMINATION.
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May 2026
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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 product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information 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. Service Provider shall not use City’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
(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 Agreement. Response 279
May 2026
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 reimbursement 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.

However, this right to review any such response does 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. General
(1) 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, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, volunteers, 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) that 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 or sub-contractors of Service Provider, in the performance of professional services under this Agreement. (2) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials, volunteers, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including 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. (3) 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 280
May 2026
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. (4) 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.

B. Design Professional Indemnification
To the extent Service Provider or any sub-consultants are Design Professionals as defined in Civil Code Section 2782.8, the following indemnification provisions shall apply:
(1) Indemnification by Design Professional. Where the services to be provided by Design Professional under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Design Professional agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Design Professional and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Design Professional’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Design Professional’s proportionate percentage of fault. (2) As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Design Professional agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Design Professional's performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
(3) Indemnification from Sub-consultants. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 Design Professional and shall survive the termination of this Agreement or this section. 281
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(4) 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 “B” “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.

SECTION 19. CONTINUITY OF PERSONNEL.

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 282
May 2026
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 extended, 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 may, 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 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.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
Telephone: __________________
Email: ______________________
With Copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
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Riverside, CA 92507
Attn: Thomas D. Jex, City Attorney
Telephone: (951) 801-6612
Email: [email protected]
To Service Provider: __________________________
__________________________
__________________________
__________________________
Telephone: __________________
Email: ______________________
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.

Email notice shall not require separate written confirmation unless the recipient disputes receipt.

Other forms of electronic transmission such as text messages and instant messages are not acceptable manners of notice required hereunder.

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 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.

SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

SECTION 29. WAIVER.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" and "B", 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.

SECTION 34. CONFLICTING TERMS.

SECTION 35. DATA PROTECTION.
a) Service Provider shall protect, using the most secure means and technology that is commercially available, City-provided data or consumer-provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or 285
May 2026
consumer data, (collectively, the “City Data”). Service Provider shall notify City in writing as soon as reasonably feasible, and in any event within twenty-four (24) hours, of Service Provider’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Service Provider shall begin remediation immediately. Service Provider shall provide daily updates, or more frequently if required by City, regarding findings and actions performed by Service Provider until the Data Breach or Security Incident has been effectively resolved to City’s satisfaction. Service Provider shall conduct an investigation of the Data Breach or Security Incident and shall share the report of the investigation with City. At City’s sole discretion, City and its authorized agents shall have the right to lead or participate in the investigation. Service Provider shall cooperate fully with City, its agents and law enforcement. b) If City is subject to liability for any Data Breach or Security Incident, then Service Provider shall defend, indemnify, and hold harmless City from and against any claims, damages, fines, penalties, costs, and expenses, including reasonable attorney’s fees, arising therefrom.

SECTION 36. SAM.GOV CHECK.

SECTION 37. COUNTERPARTS; ELECTRONIC SIGNATURES.

This Agreement may be executed in any manner of counterparts, all of which shall constitute one and the same instrument, and any Party hereto may execute this Agreement, by signing and delivering one or more counterparts. Each Party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. [SIGNATURES ON FOLLOWING PAGE]
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May 2026
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF WILDOMAR
___________________________
Chris Mann
City Manager
ATTEST:
___________________________
Janet Morales Garcia, CMC
City Clerk

APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
“Service Provider”: ___________________________________ By: By:

Name: __________________________ Name:

Its: ______________________________ Its: ________________________ 287
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EXHIBIT "A"

SCOPE OF SERVICES AND COMPENSATION
[Attach Service Provider’s proposal or City-prepared scope of services and compensation, as applicable.]
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EXHIBIT "B"
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:

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.

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 289
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:

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. 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.
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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 must 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.

STORMWATER MANAGEMENT/BMP

FACILITIES AGREEMENT
THIS AGREEMENT, made and entered into this ___ day of _______, 20__ , by and between ____________ (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").

RECITALS
WHEREAS, the Landowner is the owner of certain real property described as ______ as recorded by deed in the land records of Riverside County, California, Deed Book_______, Page _______, (the "Property").

WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plan known as _________, as approved or to be approved by the City (the "Plan"), which is incorporated herein by reference, requires Landowner to prepare and implement a City-approved Water Quality Management Plan (the “WQMP”) that provides for stormwater quality treatment within the confines of the Property; and
WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities called for by the WQMP on the Property (the “Facilities”); and WHEREAS, Landowner intends to annex the Property into the City’s Community Facilities District No. 2013-1 (Services) (the “CFD”) for the purposes of having the City maintain and inspect one or more of the Facilities.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.

2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.

3. Upon the completion of the annexation of all or a portion of the Property into the CFD and upon the commencement of CFD services for the development, Landowner’s obligation to maintain the Facilities specified in the annexation proceedings and resolutions as being maintained through the CFD (the “CFD Maintained Facilities”) shall cease. If the Property is subsequently deannexed or otherwise removed from the CFD then the Landowner, its successors and assigns, including any homeowners association, shall resume all of the obligations of this agreement, including but not limited to the duty to maintain and inspect, with respect to the CFD Maintained Facilities.
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4. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report. This section does not apply to any CFD Maintained Facilities.

5. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary. This section does not apply to any CFD Maintained Facilities.

6. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. This section does not apply to any CFD Maintained Facilities.

7. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.

This section does not apply to any CFD Maintained Facilities.

8. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.

9. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.

10. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association

11. 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 293
by this Agreement or that do not otherwise reduce City’s rights under this Agreement.

12. 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 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 sign this Agreement.

WITNESS the following signatures and seals:
_______________________________________
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name:__________________________________
Title:____________________________________
_______________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: 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 THE BUSINESS ENTITY.

CITY OF WILDOMAR
______________________________ _________________
Chris Mann Date
City Manager
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ATTEST
______________________________ _________________
Janet Morales Garcia, CMC Date
City Clerk

APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
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STORMWATER MANAGEMENT/BMP

WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plan known as _________, as approved or to be approved by the City (the "Plan"), which is incorporated herein by reference, provides for stormwater quality treatment within the confines of the property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities (the “Facilities”) on the Property.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.

3. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report.

4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary.

5. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of 296
the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City.

6. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.

7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.

8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.

9. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.

10. 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.

11. 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 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 sign this Agreement.

WITNESS the following signatures and seals:
_______________________________________
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name:__________________________________
Title:____________________________________
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_______________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: 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 THE BUSINESS ENTITY.

CITY OF WILDOMAR
______________________________ _________________
Chris Mann Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Garcia, CMC Date
City Clerk

APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
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AGREEMENT

FOR GRADING PROJECTS
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and_________________________________________________________________________ _____________________, hereinafter called Landowner.

WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as ____________________________________________________________________ (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter-Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of
____________________________________________________________________________________Dollars ($ ), which covers [PICK ONE: rough grading only, precise (fine) grading only, both rough and precise (fine) grading.] SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.

FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
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FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions.

SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.

SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.

EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.

Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.

TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.

ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.

TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
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THIRTEENTH: 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.

FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City Landowner
City of Wildomar ____________________________________
Public Works/Engineering Department ____________________________________ 23873 Clinton Keith Rd., Suite 201 ____________________________________ Wildomar, CA 92595 ____________________________________ (951) 677-7751 Phone Number:____________________________________ (951) 698-1463 Fax Number: ____________________________________ FIFTEENTH: 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 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 sign this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. ____________________________________
By __________________________________
__________________________________
Date ________________________________
By __________________________________
__________________________________
Date ________________________________
City of Wildomar
By __________________________________
Chris Mann, City Manager
Date _________________________________
Approved as to Form:

Thomas D. Jex, City Attorney
By: ____________________________
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)
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NO FEE DOCUMENT
Government Code §6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk
The Above Space For Recorder’s
Use Only
Project
Name: _______________________
Project
Address:
_______________________
_______________________
APN: _______________________
Project No.: _______________________

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is entered into this __ day of _____________, 20__ by and between the City of Wildomar, a California municipal corporation (“City”) and ____________________, a ___________, (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

RECITALS
A. Principal owns the real property located at _______________, in the City of Wildomar, California, which is more particularly described in Exhibit “A” to this Agreement (“Property”).

B. Principal has applied for and obtained certain development approvals from the City to develop the Property. The development approvals and City ordinances require Principal to construct certain public improvements and dedicate those public improvements to the City after construction is complete.

C. This Agreement memorializes the understanding between the parties regarding the terms and conditions under which Principal will construct and City will accept the required public improvements.

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:
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1. Construction of Improvements. The Principal agrees to construct and install on the Property, at the Principal’s own cost and expense, the public improvements shown on the improvement plans submitted by Principal and approved by the City as referenced and contained within this Public Improvement Agreement (“Required Improvements”).Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

Principal shall complete the construction of the Required Improvements within twelve months of the date of this Agreement.
a. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Principal warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
b. Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
c. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City or as required by other governmental agencies having jurisdiction over the Required Improvements.

2. Commencement of Work. The Principal shall notify the City Engineer of the commencement of work on the Required Improvements.

3. Completion of Improvements. Upon satisfactory completion of all 304
Required Improvements as determined by the City Engineer or his or her designee (hereafter the “City Engineer”), Principal shall offer to dedicate the Required Improvements to the City, and City agrees to accept that offer of dedication in accordance with its policies and procedures and the terms of this Agreement.

4. Title to Required Improvements. The City shall not accept the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer.

Until such time as the Required Improvements are accepted by the City, Principal shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of the Required Improvements shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Principal shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.
a. Developer’s Notice of Completion. Upon the acceptance of the Required Improvements by City, Principal shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Required Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Required Improvements shall become the sole and exclusive property of City without payment therefor.
b. City Acceptance of Public Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Required Improvements.
c. Developer’s Obligation to Provide As-Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Required Improvements unless and until Principal provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Required Improvements. The drawings shall be certified and shall reflect the condition of the Required Improvements as constructed, with all changes incorporated therein.

5. Extension of Time to Complete Improvements.
a. The City Engineer may extend the date for completing the Required Improvements. Extensions shall be granted only upon a showing of good cause by the Principal. The City Engineer shall be the sole and final judge as to whether good cause has been shown.
b. Requests for extension of the completion date shall be in writing and delivered to the City Engineer in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
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c. In the event the City Engineer extends the time of completion of the Required Improvements, such extension may be granted without notice by the City to the Principal’s surety and shall in no way release any guarantee or security given by the Principal pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, the City may require new or amended improvement security to reflect increases in the estimated costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.

6. Inspection. Principal shall at all times maintain proper facilities and safe access for inspection of the Required Improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Principal may request a final inspection by the City Engineer or his designee. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Required Improvements to the City. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Principal shall bear all costs of plan check, inspection and certification.

7. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of the Required Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Required Improvements until approved and accepted. Any use by any person of the Required Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Principal at all times prior to City’s acceptance of the Required Improvements. Principal shall maintain all the Required Improvements in a state of good repair until they are completed by Principal and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Principal’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Principal fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Principal and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Required Improvements or their condition prior to acceptance. Until final acceptance of the Required Improvements, Principal shall give good and adequate warning to the public of each and every dangerous condition existing on the Property, and will take reasonable actions to protect 306
the public from such dangerous conditions.

8. Superintendence by Principal. Principal shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Principal shall maintain an office with a telephone and Principal or a person authorized to make decisions and to act for Principal in Principal’s absence shall be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.

9. Injury to Public Improvements, Public Property or Public Utilities Facilities.

Principal shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Principal shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer.

10. Warranty. If, within a period of one year after final acceptance by the City of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Principal, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Principal shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Principal fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Principal can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Principal shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.

As to any Required Improvements which have been repaired, replaced, or reconstructed during the Warranty, Principal and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Required Improvements. Nothing herein shall relieve Principal from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Required Improvement following expiration of the Warranty or any extension thereof. Principal’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. Defense, Indemnification and Hold Harmless. Principal shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by 307
a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Principal, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Required Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them.

This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Principal’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

12. Security.
a. Required Security. Concurrently with the execution of this Agreement, the Principal shall furnish the City with:
(1) Faithful Performance Security. Principal shall provide faithful performance security to secure faithful performance of this Agreement (“faithful performance” security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $ ( and No/100 Dollars). (2) Payment Security. Principal shall also provide payment security to secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for the work (“payment security”). This security shall be in the amount of fifty percent (50%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $ ( and No/100 Dollars), and shall secure the obligations set forth in Title 1 (commencing with Section 8000) through Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.
(3) Guarantee and Warranty Security. Principal shall also file with this Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $ ( and No/100 Dollars) to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished.
(4) Monument Security. Principal shall also file with this Agreement a “monument security” in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments, as determined by the City 308
Engineer, which total cost is in the amount of $ ( and No/100 Dollars), to guarantee and secure the placement of such monuments.
b. Additional Requirements.
(1) Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as “admitted surety insurers,” to act as surety upon bonds and undertakings. The company shall maintain in this State at least one office for the conduct of its business. Bonds must be approved by the City. The premiums for said bonds shall be paid by Principal.
(2) The bonds shall be furnished on the forms enclosed
following this Agreement and shall be satisfactory to the City. (3) The surety (or sureties) shall furnish reports as to the financial conditions from time to time as requested by the City. (4) Alternative forms of security will be allowed upon approval of the City Engineer and shall be approved as to form by the City Attorney. All required securities shall be in a form approved by the City Attorney. (5) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties.
(6) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in this Agreement. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Principal’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City. (7) The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. c. Principal’s Liability. While no action of Principal shall be required in order for City to realize on its security under any security instrument, Principal agrees to cooperate with City to facilitate City’s realization under any security instrument, and to take no action to prevent City from such realization under any Security instrument.

Notwithstanding the giving of any security instrument or the subsequent expiration of any security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Principal shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) 309
days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 12. d. Release of Security.
(1) Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. Any unreleased portion of the guarantee and warranty security shall remain in full force and effect unless and until the City notifies Principal in writing that the necessary repairs have been made to the satisfaction of the City Engineer and that the warranty period has been successfully completed. (2) Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code (commencing with Section 8410), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
(3) Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements by the City. (4) Monument Security. The monument security may be
released by written authorization of the City Engineer after all required monuments are accepted by the City Engineer, and City has received written acknowledgment of payment in full from the engineer or surveyor who set the monuments.

13.Insurance.
a. Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below for the duration of the agreement, and for 2 years thereafter. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. (1) General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance, on an “occurrence” basis, no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher 310
limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance
(2) Business Automobile Liability. Developer and its
contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non owned by the insured or for which the insured is responsible.
(3) Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees. (4) Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.
(5) Pollution Liability. Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work. The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the 311
existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. b. Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
c. Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. d. Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non contributory with, any insurance or self insurance program maintained by the City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City, its elected officials, officers, employees, agents and volunteers.
e. Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. f. Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. Developer 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, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.
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g. Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

14. Principal Not Agent of City. Neither Principal nor any of Principal’s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Principal’s obligations under this Agreement.

15. Default; Notice; Remedies.
a. Notice. If Principal neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Principal to be in default or violation of this Agreement and make written demand upon Principal or its surety, or both, to immediately remedy the default or violation. Principal shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Principal shall commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the demand to remedy the default, Principal and its surety shall be liable to City for all costs of construction and installation of the Required Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
b. Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Principal and its surety, without the necessity of giving any further notice to Principal or surety. City’s right to take such actions shall in no way be limited by the fact that Principal or its surety may have constructed any, or none of the required or agreed upon Required Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Principal or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Principal or its surety the full cost and expense incurred.
c. Other Remedies. No action by City pursuant this section shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue 313
inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

16. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

City Engineer

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595
Notices required to be given to Principal shall be addressed as follows:

Name
Address
Address

17. 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 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.

18. Attorney’s Fees. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all attorney’s fees and costs. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of attorney’s fees and costs.

19. Assignment. Principal shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

20. Compliance with Laws. Principal, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable permits and licenses. Principal shall provide a hazard assessment upon request to the City.
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21. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Principal of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Principal agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Required Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Required Improvements or this Agreement.

22. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Principal’s rights with respect to any change in any zoning or building law or ordinance.

23. Approvals by City; Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Principal and by the City. 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.

24. Construction and Interpretation. It is agreed and acknowledged by Principal that the provisions of this Agreement have been arrived at through negotiation, and that Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

25. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. The Agreement shall be recorded in the Office of the Recorder of Riverside County and shall constitute a covenant running with the land and an equitable servitude upon the subject property.

26. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California.

27. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral. 315

28. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Principal include all personnel, employees, agents, and subcontractors of Principal, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.

The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

29. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired.

30. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

31. Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Principal.

32. Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, nor approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Principal. Principal’s contractors and subcontractors are exclusively and solely under the control and dominion of Principal.

Nothing herein shall be deemed to make Principal or its contractors an agent or contractor of City.

IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
316

CITY OF WILDOMAR
Chris Mann
City Manager
ATTEST:
___________________________
Janet Morales Garcia, CMC
City Clerk

APPROVED AS TO FORM
___________________________
Thomas D. Jex
City Attorney
PRINCIPAL:

Name:

Title:

Name:

Title:

NOTE: 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 T BUSINESS ENTITY.
317
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
318
EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
As evidence of understanding the provisions contained in this Agreement, and of the Principal’s intent to comply with same, the Principal has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE SECURITY: $
Surety:

Attorney-infact:

Address:

PAYMENT SECURITY: $
Surety:

Attorney-infact:

Address:

MONUMENT SECURITY: $
Amount deposited per Cash Receipt
No.

Date:
319
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR
___________ IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California (“City”) and
___________________________ (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for ___________ (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated ____________, 20__ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and _________________________________ (“Surety”), a corporation organized and existing under the laws of the State of __________, and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of ___________________________________ Dollars ($____________), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in 320
the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
321
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR
___________ IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar California (“City”) and
___________________________ (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for ___________ (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated __________, 20__ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the 322
Principal, the sum of _________________________ Dollars ($_______________), said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. 323
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
324

AGREEMENT FOR SERVICES
By and Between

THE CITY OF WILDOMAR,
a municipal corporation
and
___________________________________
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May 2026

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND
__________________________________
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 20__ (“Effective Date”) by and between the City of Wildomar, a municipal corporation (“City”) organized under the laws of the State of California, with its principal place of business at 23873 Clinton Keith Road, Suite 110, Wildomar, California 92595 and ____________________ (SPECIFY FULL LEGAL NAME OF PERSON OR ENTITY), a ___________________ (SPECIFY LEGAL CAPACITY OF PERSON OR ENTITY, and STATE OF FORMATION IF AN ENTITY, e.g. an individual, DBA, a California limited liability company, a Delaware corporation, etc.) with its principal place of business at _________________________ [insert address] (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

C. Service Provider represents that it is knowledgeable and is able to provide services to public-sector clients and is familiar with the plans and requirements of City.

D. 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.

SECTION 1. TERM OF AGREEMENT.

The Term of this Agreement is [___ years/months], commencing on the Effective Date (“Term”).

Unless earlier terminated in accordance with Section 20 "Termination of Agreement" of this Agreement, Service Provider shall complete the services within the Term of this Agreement and shall meet any other established schedules and deadlines. [**INSERT THE FOLLOWING SENTENCE FOR MULTIYEAR AUTOMATIC RENEWAL; OTHERWISE ALWAYS DELETE; The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [insert number] 326
May 2026
additional one-year terms.**]
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Services”). If Exhibit “A” consists of Service Provider’s proposal, only those portions of the proposal describing the Services to be performed, the schedule for performance, and compensation are incorporated into this Agreement. All other proposal terms are excluded and of no force or effect. In the event of any conflict, the terms of this Agreement shall control.
(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 enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL 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 “A” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), 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 original 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 “A” 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 are 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 charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
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(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 fortyfive (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.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

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 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 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 for the means, methods, techniques, sequences 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 regarding City directives 329
May 2026
apply to and 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 Provider 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.

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

SECTION 11. PREVAILING WAGE LAWS.

Service Provider must require any subconsultants, subcontractors, or any other persons or entities performing any portion of the Services to comply with all applicable prevailing wage requirements.
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Service Provider must defend, indemnify, and hold harmless City and its officials, employees, and agents from and against any and all claims, penalties, liabilities, costs, or expenses arising out of or related to the acts or omissions of Service Provider, or any subconsultants, subcontractors, or other persons or entities at any tier engaged in the performance of the Services, in failing to comply with applicable prevailing wage laws.

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information 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. Service Provider shall not use City’s name or insignia, 331
May 2026
photographs, or any publicity pertaining to the Services in any magazine trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. (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 Agreement. 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 reimbursement 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.

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, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, volunteers, 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) that 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 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, volunteers, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including 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 332
May 2026
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.

SECTION 18. ASSIGNMENT.

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. 333
May 2026
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.

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.

SECTION 23. COOPERATION BY CITY.

To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
Telephone: __________________
Email: ______________________
With Copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Thomas D. Jex, City Attorney
Telephone: (951) 801-6612
Email: [email protected]
To Service Provider: __________________________
__________________________
__________________________
__________________________
Telephone: __________________
Email: ______________________
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.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 28. AMENDMENT.

SECTION 29. WAIVER.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of 336
May 2026
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.

SECTION 36. SAM.GOV CHECK.

SECTION 37. COUNTERPARTS; ELECTRONIC SIGNATURES.

This Agreement may be executed in any manner of counterparts, all of which shall constitute one and the same instrument, and any Party hereto may execute this Agreement, by signing and delivering one or more counterparts. Each Party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. 337
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF WILDOMAR
___________________________
Chris Mann
City Manager
ATTEST:
___________________________
Janet Morales Garcia, CMC
City Clerk

APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
“Service Provider”: ________________________
By: __________________________ By: _______________________________

Name: ___________________________ Name: ____________________________ Its (Title): _________________________ Its (Title): __________________________ 338
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EXHIBIT "A"

SCOPE OF SERVICES AND COMPENSATION
[Attach Service Provider’s proposal or City-prepared scope of services and compensation, as applicable.]
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EXHIBIT “B”

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

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

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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Acceptability of Insurers
Insurance must 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.

CEQA DOCUMENT PREPARATION

AND DEPOSIT TRI-PARTY AGREEMENT/CONTRACT
This CEQA Document Preparation and Deposit Contract (“Contract”) is made and entered into as of __________, by and among the City of Wildomar, a California municipal corporation, (“City”), _____________ (“Applicant”), and ____________ (“Consultant”).

Hereafter, City, Applicant and Consultant may be collectively referred to as the “Parties.”

RECITALS
A. The California Environmental Quality Act (“CEQA”) [Public Resources Code § 21000 et seq.] makes lead agencies responsible for determining whether an Environmental Impact Report (“EIR”), a Mitigated Negative Declaration (“MND”), or Negative Declaration (“ND”), is to be required for any project. CEQA also provides that any such EIR, MND, or ND be prepared directly by, or under contract to, the legal agency.

B. Applicant is applying to the City for one or more land use approvals for that project (“Project”) more particularly described in the “Project Description” attached hereto and incorporated herein by reference as Exhibit “A”.

C. City is the lead agency under CEQA for the Project. Based on its preliminary review and consultation with Applicant, City has determined that a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) (“CEQA Document”) is required for the Project to adequately assess its potentially significant impacts. Pursuant to Public Resources Code § 21080.1(a) City’s determination that this particular CEQA Document required for the Project is final and conclusive.

D. Consultant is a qualified environmental and/or land use planning firm. City, in consultation with Applicant, has selected Consultant to prepare the CEQA Document and any related studies, surveys, and reports as may be required to comply with CEQA.

Consultant has prepared a “Scope of Work” attached hereto and incorporated herein by reference as Exhibit “B”, outlining the breadth of analysis and the tasks to be performed to prepare the CEQA Document.

E. Applicant and Consultant acknowledge that as the lead agency, City is responsible for complying with CEQA and the State CEQA Guidelines (“CEQA Guidelines”) [14 Cal. Code Regs. § 15000 et seq], that the City is responsible for the adequacy of its environmental documents, that the City cannot rely on comments from other public agencies or private citizens as a substitute for work CEQA requires, and that this particular CEQA Document must reflect the independent judgment of the City.

Applicant and Consultant further acknowledge that as a result of these responsibilities, the CEQA Document is to be prepared and completed to reflect City’s independent judgment, to comply with CEQA and the CEQA Guidelines, and to comport with all applicable professional standards.
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F. CEQA authorizes City, as the lead agency, to charge and collect a reasonable fee from Applicant to recover the estimated costs incurred in preparing the CEQA Document and for procedures necessary to comply with CEQA regarding the Project. Applicant acknowledges that it is responsible for the payment of these costs as provided in this Contract.

G. City and Consultant acknowledge that CEQA and the CEQA Guidelines encourage the completion of the CEQA Document within certain time limits and that lead agencies should reduce delay and paperwork in the preparation of CEQA Documents.

H. Based on the foregoing Recitals, Applicant, City, and Consultant now desire to enter into this Contract for the preparation of the CEQA Document determined to be necessary for the Project.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenant hereafter set forth, the parties agree as follows:

Article 1.0 Applicants Obligations

1.1 CEQA Document Costs. Applicant shall pay all costs incurred for the preparation and completion of the CEQA Document.

1.2 Consultant Charges. The consultant’s estimated charge for services and reimbursable expenses for preparation and completion of the CEQA MND Document, including the required technical studies pursuant to that Consultant Services Agreement between Consultant and City, a copy of which is attached hereto as Exhibit C are $_____.

1.3 City Charges. The city’s administrative charge, including City Attorney review fees for preparation of the CEQA/MND is $______.

1.4 Deposits. Applicant acknowledges that the Consultant estimated charges, and the City estimated charges are estimated only and the actual costs may be higher.

Applicant agrees to pay all Consultant charges and City charges even if those charges exceed the cost estimates provided in this Contract. To ensure timely payment and performance, Applicant shall deposit the Consultant’s and City’s estimated charges (Total Estimated Cost) with the City as follows:

1.4.1 Initial Deposit. Within ten (10) business days (Jan. 27, 2025) after the Effective Date of this Contract, the Applicant shall deposit $_______ with the City, being an amount equal to one half (1/2) of the Total Estimated Cost. Within thirty (30) business days (________) after the Effective Date of this Contract, the Applicant shall deposit with the City the remaining balance of the Total Estimated Cost, which is $_______. At the Applicant’s discretion, the entire amount of $_______may be paid in full at one time.
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Wildomar City CouncilJune 10, 2026

Wildomar City Council
June 10, 2026