Agenda, regular meeting — Adelanto City Council, March 12, 2025 (part 1 of 3)

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 12, 2025

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Closed Session: 10:00 a.m.

Open Session: 11:00 a.m.

NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
MARCH 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR

34.102.104.
2 REGULAR MEETING
MARCH 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________

1. City Manager to announce if there is any addition/removal of items from the agenda.

C. APPROVAL OF AGENDA
M__________________S__________________ACTION___________ D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Property: 11200 Stadium Way, Adelanto CA 92301 APN: 3128-221-26 Agency Negotiator: Todd Litfin, City Attorney
Negotiating Parties: Adelanto Rancho Management Inc. and Stadium Management LLC.

Under Negotiation: Price, and terms of payment
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
MARCH 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION_________________ TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
I. CITY MANAGERS ANNOUNCEMENTS AND REPORT
J. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
G. CALL TO ORDER—REGULAR MEETING
4 REGULAR MEETING
MARCH 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us K. PRESENTATIONS
L. PUBLIC COMMUNICATIONS
PUBLIC COMMENT: OPEN: CLOSED:

This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
M. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Receive and File Commercial and residential recycling Department Report.

3. Receive and File Business License Department Report.

4. Receive and File Sheriff’s Department Report.

5. Approval of Contract Amendment No.1 Between James C Hirsch, AICP Assoc. AIA Corp and the City of Adelanto.

6. Approval of Amendment No. 3 to The Kosmont Transaction Services Professional Services Agreement in the additional amount of $30,000

7. Rejection of Bids Received for the Remodel of City Council Chamber Project. 5 REGULAR MEETING
MARCH 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

8. Approval of Warrant Demand Schedule 24/25-25-09-01:
a. City of Adelanto Check Warrant No. 15100 through 151018 in the total amount of $29,087.44
b. City of Adelanto EFT No. 3373 through 3491 in the total amount of $10,499,842.13 M__________________S__________________ACTION________________ N. APUA NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. AWARD CONTRACT ADELANTO WWTP PROCESS IMPROVEMENT PLAN (RICHARD/KAVOUSE)
RECOMMENDATION: Staff recommends City Council to approve the award of the construction contract agreement with PERC Water Corporation in the amount of $2,432,556.65 as the lowest bid pursuant to Public Contract Code Section 20103.8 (c). This project generally consists of supply, installation and commissioning of new materials and equipment to optimize the City of Adelanto WWTP to go from 3 million gallon to approximately 3.8 million gallons.

M__________________S__________________ACTION____________________ O. CONTINUED NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. CITY COUNCIL APPOINTMENTS TO MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT. (MAYOR REYES)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback to City Staff.

M__________________S__________________ACTION__________________ 6 REGULAR MEETING
March 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. Contract award Dennis Street and Kay Street Pavement Rehabilitation Project CIP 2024-03. (Richard/Kavouse)
RECOMMENDATION:Staff recommends City Council to approve the award of the construction contract agreement with Hardy & Harper, Inc. in the amount of $349,00 as the lowest bid pursuant to Public Contract Code Section 20103.8 (c). This project generally consists of removing 4” of Pavement and constructing 2” Asphalt Rubberized Hot Mix Overlay Over 2” Asphalt Concrete Base Pavement.

M__________________S__________________ACTION____________________ P. ITEMS REMOVED FROM THE CONSENT CALENDAR
Q. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner 7 REGULAR MEETING
March 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us R. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

TIME OUT: ______________
M__________________S__________________ACTION____________________

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON MARCH 6, 2025, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
T. DECLARATION OF POSTING
8 REGULAR MEETING
March 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 9 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
MARCH 12, 2025
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.

Participate via zoom please log in using any of the options below:

Teleconference https://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

TIME TELECONFERENCE
To Participate and and Call in for public
comments:

Closed Session – 10:00 a.m. Please call 1-669-900-6833 along with conference code 931 4644 4676
Open Session – 11:00 a.m. Passcode: 7601

Dated: March 6, 2025 Brenda Lopez, City Clerk, CMC
10 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: March 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: MONTHLY COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly Commercial and residential Solid Waste and Recycling Report 11 12
13 14
15 16
17 18
19 20
21 22
23 24

CITY COUNCIL

AGENDA REPORT
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A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
STAFF RECOMMENDATION:

Staff recommend that the City Council accept the monthly Business License Division report for the period ending January 2025.

BACKGROUND:

The New Business Activity Listing exhibits all the new business licenses processed during the month.

The report includes new applicants and businesses that renewed their annual license with the City.

Anyone doing business within the City must obtain a business license.

The Cash Receipt Listing exhibit lists all money the Business License Division received for issuing new business licenses, business license renewals, or a temporary business license.

FISCAL IMPACT:

A total of $31,910 was processed in January 2025.

ATTACHMENTS:

1. Monthly New Business Activity Listing for January 2025.

2. Monthly Cash Receipt List for January 2025.

DATE: Thursday, February 6, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: HdL Companies / Via: Brenda Lopez, City Clerk
SUBJECT: BUSINESS LICENSE REPORT – JANUARY 2025
25 CITY COUNCIL

AGENDA REPORT
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A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
JANUARY SUMMARY:
20%
2%
13%
15%
50%
Contractors (20) Home Business (2) General Retail (13) General Service (15) Rental Property (49) 0 25
50 75
100
125
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2021 2022 2023 2024 2025
Business License Accounts Processed by Rate Category
(Total Record Count = 99)
26%
74%
Based Outside the City = 26 Based Inside the City = 73

TOTAL NUMBER OF ACCOUNTS PROCESSED BUSINESS LICENSES ISSUED BY LOCATION 26 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount AARON & LYDIA BURTON 11660 LA PAZ ST 3: Group 3: Rental Properties Yes Renewal 2025-01-03 $29.00 ADELANTO LITTLE LEAGUE 14560 JUNIPER LN 4: Group 4: Services Yes Renewal 2025-01-02 $29.00 ALLIED UNIVERSAL SECURITY SERVICES 1700 IOWA AVE STE 100 2: Group 2: Professional No Renewal 2025-01-27 $7,967.97 APOLLO HOME POWER LLC 1130 WALL ST #598 5: Group 5: Contractors No New Application 2025-01-15 $91.50 ARMANDO CERVANTES 5157 NILAND ST 3: Group 3: Rental Properties No Renewal 2025-01-02 $29.00 ASHTOX ART 15324 KEARNY DR 4: Group 4: Services Yes Renewal 2025-01-02 $29.00 AZ CLEANING SERVICES 11948 COVE CT Home Occupation Yes New Application 2025-01-10 $401.00 BERTHA SOTO 10449 PEACH CT 3: Group 3: Rental Properties Yes Renewal 2025-01-11 $29.00 BROWN, ROBERT D. LIVING TRUST 14749 JESSICA WAY 3: Group 3: Rental Properties Yes Renewal 2025-01-01 $29.00 BUILDING KINGDOM ENTERPRISES LLC. 14212 PURPLE CANYON RD 1: Group 1: General/Retail Yes First Renewal 2025-01-10 $29.00 BURNS SEPTIC 17496 TURNER 5: Group 5: Contractors No Renewal 2025-01-27 $791.50 CAPRI MOBILE HOME PARK 11420 LEE 3: Group 3: Rental Properties Yes New Application 2025-01-10 $29.00 CARPET CLUB 12555 MARIPOSA RD STE H 5: Group 5: Contractors No New Application 2025-01-07 $56.50 CASEY WONG 18778 DOGWOOD CT 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 CHRISTIANBELLE ELECTRIC INC 11580 I AVE 5: Group 5: Contractors No Renewal 2025-01-26 $29.00 CHRISTINE DO 12069 CHAMBERLAINE WAY 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 CINDY H. HUYNH 18602 CASABA RD 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 D A CONSTRUCTION INC 14320 VENTURA BLVD #282 5: Group 5: Contractors No New Application 2025-01-15 $29.00 DANIEL HELLER 2011 TRUST 11324 HIGH RIDGE ST 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 DARYL L ROSS 11867 BRANCH CT 3: Group 3: Rental Properties Yes Renewal 2025-01-27 $29.00 DAVID WONG 15799 DESERT ROCK ST 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 DAVID/NORA RUIZ 10681 PALMYRA ST 3: Group 3: Rental Properties Yes Renewal 2025-01-14 $29.00 DEBBIE HART 11865 CHAMBERLAINE WAY 3: Group 3: Rental Properties Yes Renewal 2025-01-04 $29.00 DEM JACKSON BOYZ 11371 CAMBRIDGE ST 4: Group 4: Services Yes Renewal 2025-01-24 $29.00 DIVERSIFIED MINERALS, INC. 12808 RANCHO RD 1: Group 1: General/Retail Yes Renewal 2025-01-17 $54.39 DON TRUBY 10546 JOSHUA ST Hotels,Motels & Other Rental Units Yes Renewal 2025-01-01 $34.00 DOULA127 18506 GREENING ST 1: Group 1: General/Retail Yes Renewal 2025-01-17 $29.00 DREAMSTYLE REMODELING OF CALIFORNIA LLC 16223 ARROW HWY BLDG A 5: Group 5: Contractors No Renewal 2025-01-19 $29.00 EDWARD & DEBRA HILL 17853 JUNIPER ST 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 ELITE SAVAGE TRANSPORT 15601 KEARNY DR 4: Group 4: Services Yes Renewal 2025-01-12 $375.00 Process Summary:

New - Pending Approval: 10
Renewal Accounts: 85
Reinstated Accounts: 1 Attachment No. 1
Reporting Period: January 2025
Total Licenses Processed: 99
27 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount EXECUTIVE PUMBING SERVICE INC 3383 CHICAGO AVE 5: Group 5: Contractors No Renewal 2025-01-26 $29.00 FON PHAN 11758 CHAMBERLAINE WAY 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $48.00 FRITO LAY 27717 ALISO CREEK RD Retail/Wholesale No New Application 2025-01-06 $4.00 GBS VENTURES 12036 BARTLETT AVE 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $64.00 GENERAL ATOMICS AERONAUTICAL SYSTEMS, INC. 9779 YUCCA RD 1: Group 1: General/Retail Yes Renewal 2025-01-01 $29.00 GENERAL ATOMICS AERONAUTICAL SYSTEMS, INC. 9827 YUCCA RD 1: Group 1: General/Retail Yes Renewal 2025-01-01 $29.00 GLORY REAL ESTATE SOLUTIONS, LLC 10412 STAGE COACH DR 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 HAPPY HOMES ADELANTO, LLC 11210 CHAMBERLAINE WAY 3: Group 3: Rental Properties Yes Renewal 2025-01-06 $29.00 HELLER DEVELOPMENT COMPANY 11323 CLAY ST 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $483.97 HERC RENTALS INC. 16600 KOALA RD 1: Group 1: General/Retail Yes Renewal 2025-01-02 $49.38 HEX SMOKE SHOP 11619 RANCHO RD STE 3 4: Group 4: Services Yes Renewal 2025-01-04 $32.21 HHS CONSTRUCTION 2042 S GROVE AVE 5: Group 5: Contractors No Renewal 2025-01-16 $29.00 HI-GRADE MATERIALS COMPANY 17671 BEAR VALLEY RD 1: Group 1: General/Retail No Renewal 2025-01-01 $29.00 HOME DEPOT USA, INC 2455 PACES FERRY RD SE 5: Group 5: Contractors No Renewal 2025-01-30 $29.00 HONG CHING WAH 11953 MACON CT 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 IJENITY CORPORATION 15268 BRAXTON STREET 3: Group 3: Rental Properties Yes Renewal 2025-01-14 $29.00 INCA PLASTICS MOLDING CO., INC. 17129 KOALA ROAD 1: Group 1: General/Retail Yes Renewal 2025-01-02 $2,180.64 INLAND ASSET MANAGEMENT LLC 10704 VILLA ST 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $319.32 J & C VINTAGE WOOD 11083 REMINGTON CT 4: Group 4: Services Yes Renewal 2025-01-02 $29.00 J GINGER MASONRY, LP 8188 LINCOLN AVENUE # 100 5: Group 5: Contractors No Renewal 2025-01-16 $37.95 JASMINES ICE CREAM 13080 SILVER ROCK RD 1: Group 1: General/Retail No Renewal 2025-01-25 $29.00 JM STAFFING/JM MEDI-STAT 510 E FOOTHILL BLVD STE 206 4: Group 4: Services No Renewal 2025-01-27 $29.00 JOSE ANDRADE 14543 ALLENDALE CIR 3: Group 3: Rental Properties Yes Renewal 2025-01-01 $29.00 JOSE ANDRADE 10819 PEPPER ST 3: Group 3: Rental Properties Yes New Application 2025-01-24 $29.00 JOSE L. RAMIREZ 15210 BRAXTON 3: Group 3: Rental Properties Yes Renewal 2025-01-09 $29.00 JUAREZ SERVICES 10874 ROSE PL 4: Group 4: Services Yes Renewal 2025-01-04 $29.00 KFC K312078 14258 US HIGHWAY 395 1: Group 1: General/Retail Yes Renewal 2025-01-11 $1,409.78 KINGS4 TIRES LLC 11660 BARTLETT AVE 1: Group 1: General/Retail Yes First Renewal 2025-01-01 $25.00 LA INDIA INC 16169 BEAVER RD 1: Group 1: General/Retail Yes Renewal 2025-01-02 $29.00 LAURENCE HAMMETT 15805 DESERT PASS STREET 4: Group 4: Services Yes Renewal 2025-01-15 $29.00 Process Summary:

New - Pending Approval: 10
Renewal Accounts: 85
Reinstated Accounts: 1 Attachment No. 1
Reporting Period: January 2025
Total Licenses Processed: 99
28 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount LINDA S. MCCLELLAN 14520 YARROW CT 3: Group 3: Rental Properties Yes Renewal 2025-01-20 $29.00 LISA SIMS 14762 CYPRESS RD 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 LITTLE MARQUEZ BOWTIQUE 11088 EVEREST ST 4: Group 4: Services Yes Renewal 2025-01-29 $29.00 LOYAL BROTHERS TRUCK REPAIR INC 12231 HIBISCUS RD 4: Group 4: Services Yes Renewal 2025-01-24 $6,185.19 LUCIA GOMEZ 10546 INYO CT 3: Group 3: Rental Properties Yes Renewal 2025-01-07 $29.00 MARCELA HERNANDEZ 14682 ALLISON ST 3: Group 3: Rental Properties Yes Renewal 2025-01-09 $29.00 MERIT ALUMINUM FOUNDRY, INC. 10774 PRIMROSE RD 5: Group 5: Contractors Yes Renewal 2025-01-25 $343.79 MGR PROPERTY MANAGEMENT 10409 PONY EXPRESS DR 3: Group 3: Rental Properties Yes New Application 2025-01-29 $29.00 MNSA MANAGEMENT 10728 BONANZA RD 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 MORENO RENTAL PROPERTY 10447 BUCKBOARD CIR 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 MUNIZ PLACE 12006 AZTEC LN 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 NICOLE AND PAUL QUEENEY 14245 NICOLES WAY 3: Group 3: Rental Properties Yes Renewal 2025-01-11 $29.00 OSCAR WILBON 10480 MENDICINO RD 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 PAUL AND CONNIE CANNAVAN 11946 TAYLOR CT 3: Group 3: Rental Properties No Renewal 2025-01-02 $60.70 PEREZ JAIME & ROSALBA 10800 FLORAL ST 3: Group 3: Rental Properties Yes Renewal 2025-01-13 $29.00 PETER NGUYEN 11824 POPPY 3: Group 3: Rental Properties Yes Renewal 2025-01-26 $29.00 POSITIVE ELECTRIC LLC 5212 HOLSTEIN WAY 5: Group 5: Contractors No New Application 2025-01-29 $29.00 QI PING LI 15021 DELAWARE ST 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 QUALITY CONSERVATION SERVICES 4751 ARROW HWY 5: Group 5: Contractors No First Renewal 2025-01-11 $25.00 RAMRATAN PILANI 19014 JANINE 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 RICHARD M. TRAN 14416 JEREMIAH ST 3: Group 3: Rental Properties Yes Renewal 2025-01-10 $29.00 RICHARD YIAP & IRENE TEOH 15865 FREMONT ST 3: Group 3: Rental Properties Yes Renewal 2025-01-07 $194.80 ROBALT TRUCKING INC 14616 KIMBERLY ST 4: Group 4: Services Yes Renewal 2025-01-02 $266.50 ROBERT DRAPER 10988 REMINGTON ST 3: Group 3: Rental Properties Yes Renewal 2025-01-19 $29.00 ROBERT STARK / MIKE NAVARRE 11519 CREST DR 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 SAUL'S PRODUCE 11511 BARTLETT AVE 1: Group 1: General/Retail Yes Renewal 2025-01-03 $66.50 SEMPER SOLARIS CONSTRUCTIONS INC 1805 JOHN TOWERS AVE 5: Group 5: Contractors No Renewal 2025-01-17 $29.00 SHANGYI MO / YAWEI ZOU 15095 BILTMORE ST 3: Group 3: Rental Properties Yes Renewal 2025-01-02 $29.00 SID'S PROFESSIONAL EXPRESS POWER WASH CLEANING10410 PONY EXPRESS DR 4: Group 4: Services Yes New Application 2025-01-22 $427.00 SILVINO & IRMA MENDOZA 18511 CASABA RD 3: Group 3: Rental Properties Yes Renewal 2025-01-08 $42.84 SUNRUN 225 BUSH ST STE 1400 5: Group 5: Contractors No Renewal 2025-01-14 $3,806.74 SUPERIOR PAVEMENT MARKINGS, INC 5312 CYPRESS ST 5: Group 5: Contractors No Renewal 2025-01-02 $151.00 Process Summary:

New - Pending Approval: 10
Renewal Accounts: 85
Reinstated Accounts: 1 Attachment No. 1
Reporting Period: January 2025
Total Licenses Processed: 99
29 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount SUZIAN INVESTMENTS INC. 14346 PEARMAIN ST 3: Group 3: Rental Properties Yes Renewal 2025-01-28 $29.00 TIMBERLINE LOCKSMITH SERVICE 1502 IRENE ST 4: Group 4: Services No Renewal 2025-01-31 $29.00 TINA LUONG 14532 BLUE SAGE RD 3: Group 3: Rental Properties Yes Renewal 2025-01-07 $29.00 TRUTEAM OF CALIFORNIA 475 N WILLIAMSON BLVD 5: Group 5: Contractors No Renewal 2025-01-03 $805.37 VIVINT, LLC 4931 N 300 5: Group 5: Contractors No Renewal 2025-01-23 $3,119.32 WAY-COOL PATIO INC. 18631 VINE ST 5: Group 5: Contractors No Reinstated 2025-01-16 $29.00 ZEPEDA'S BOOKKEEPING 11493 NEWPORT CT 4: Group 4: Services Yes Renewal 2025-01-20 $75.11 Process Summary:

New - Pending Approval: 10
Renewal Accounts: 85
Reinstated Accounts: 1 Attachment No. 1
Reporting Period: January 2025
Total Licenses Processed: 99
30 Totals for New Receipts
Summary by GL Account #
Paid to Client
Business License Tax - G/L #100-0000-43035 $100.00
Penalties - G/L #100-0000-43035 $32.12
SB-1186 Fees - City Portion $14.40
SB-1186 Fees - State Portion $1.60
Total: $148.12
Paid to HdL
100-0000-43035 $48,450.70
Building Dept - Commercial Zoning Fees $744.00
Business License Tax - G/L #100-0000-43035 $1,625.40
Penalties - G/L #100-0000-43035 $406.42
SB-1186 Fees - City Portion $699.77
SB-1186 Fees - State Portion $77.75
Total: $52,004.04
Summary by Payment Type
4 Check 208.00
7 Credit Balance -
107 Credit Card 39,535.16
27 eCheck 12,264.88
1 Paid at City 148.12
1 Payment Transfer 235.97
3 Refund/Reversal (239.97)
150 Grand Total: $52,152.16
Summary by Geo Area
150 52,152.16
150 Grand Total $52,152.16
City of Adelanto
Business License Division
Cash Receipts Summary
01/01/2025 to 01/31/2025
Attachment 2
31 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: March 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Ken Lutz, Captain
SUBJECT: SHERIFF DEPARTMENT MONTHLY REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Sheriff Department Monthly Report.
32 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 Total 59 44 56 50 26 37 66 58 84 101 114 108 125 122 104 117 118 97 119 77 106 113 84 93 2078 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total 271 280 314 308 315 324 266 2078
Calls By Hour:

Calls By Day of Week:

Total Calls: 2078 (Comm Center: 1755 Self: 323 ) Total DRs: 183 Report includes response by units assisting from other stations. 33 Station Stats by Date Range
Station: Adelanto City Date Range: 02/01/2025 to 02/28/2025 Cities Selected: ADC Generated: 3/4/2025 6:10:38 PM
34 Calls by Call Type: 182
Call Type Calls DRs
10851 - GTA JUST OCC 15 10
10851R - GTA REPORT 6 0
10855 - EMBZL VEH RPT 1 0
1124 - ABANDON VEH 2 0
1125 - TRAFFIC HAZARD 10 0
11364 - PARAPHERNALIA 2 2
11377 - POSS DANG DRUGS 1 1
11377A - POSS CNTL SUBST 2 2
1144 - FATAL T/C 1 1
11550 - UNDR INFL DRUGS 2 2
1181 - MINOR INJ TC 4 4
1182 - NON INJ TC 11 2
1183 - UNK INJ TC 5 0
12500A - DRIVING W/O LIC 2 2
14601 - DRV W/SUS/RV LIC 1 1
148 - RESIST OFFCR RPT 1 1
148.9 - FALSE ID DEPUTY 2 2
166.4 - VIOL CRT ORD RPT 7 1
166.4R - VIOL CRT ORD RPT 7 0
187 - HOMICIDE J/O 1 1
20002 - NON INJ HIT/RUN 7 1
211A - ROBBERY ARMED RP 1 0
Call Type Calls DRs
415V - DISTURB VERBAL 8 0
417 - BRANDISHING WPN 2 1
422 - TERRORST THREATS 5 4
451 - ARSON J/O 1 1
4573 - NARC/ALCO PRISON 3 3
4573.5 - DRUGS PRISON 1 1
4573.6 - HEROIN IN JAIL 1 1
459 - BURGLARY J/O 2 2
459A - AUDIBLE ALARM 82 0
459C - COMMERCL BURG JO 2 1
459R - RESID BURG J/O 2 0
459RR - RESID BURG RPT 3 0
459V - VEH BURG RPT 2 1
475 - FRAUD/FORGED CHK 2 1
484A - THEFT 1 1
484G - FRAUD USE CR CRD 3 0
487 - GRAND THEFT 3 3
487F - 487 DOG UNDR 400 1 0
488 - PETTY THEFT 2 0
490.5 - 488 RETAIL J/O 2 1
496 - POSS STLN PROP 3 2
5150 - PSYCHE INV/EVAL 6 1
Call Type Calls DRs
FOUNDP - FOUND PROPERTY 2 1
FU - FOLLOW UP 102 0
GTAREC - GTA REC 6 5
HOMER - HOME CALL 4 0
HOSP - JAIL HOSP RUN 1 0
HS - H&S ACTIVITY 2 0
ILLSHO - ILLEGAL SHOOTER 1 0
INC - MISC INCIDENT 47 8
INFO - INFORMATION CALL 388 0
INV - INVESTIGATION 1 1
KTP - KEEP THE PEACE 24 0
MANDOW - MAN DOWN 5 0
MANGUN - MAN WITH A GUN 1 0
MEDAID - MEDICAL AID 3 0
MISJUV - MISJUV 2 1
MISPER - MISPER 7 5
OD - DRUG OVERDOSE 3 0
OPEN - OPEN DOOR/GATE 1 0
PANIC - PANIC ALARM 3 0
PATINF - PATROL INFO 12 0
PEDCK - PEDESTRIAN CHECK 38 0
PKGVIO - PARKING VIOLATIO 2 0
35 211S - ROBBERY ALARM IP 3 0
22651 - TOW AUTHORITY 3 3
22669 - ABN VEH TOW AUTH 2 2
23103 - RECKLESS DRIVING 12 1
23152B - DUI OVER .08% 1 1
242 - ASSAULT J/O 16 4
242R - ASSAULT RPT 3 0
243.4 - SEXUAL BATTERY 1 1
243E1 - DOMESTIC BATTERY 3 3
245 - ASSAULT W/WEAPON 4 3
273.5 - FEL SPOUSE ABUSE 4 4
273.6 - VIOLATION DVRO 1 0
273A - CRUELTY TO CHILD 1 1
273D - FEL CHILD ABUSE 2 2
278.5 - DEPRIVE CUSTODY 1 1
2800.2 - FTY FELONY 1 1
288 - SEX CRIME CHILD 2 1
289 - PENE W/FORN OBJ 1 1
290 - 290 REGISTR 2 2
290FU - 290 FOLLOW UP 13 0
300 - LACK PARENT CTRL 2 0
314 - INDECENT EXPOSUR 1 0
330 - GAMBLING 1 0
374B - ILLEGAL DUMP J/O 2 0
415 - DISTURBANCE 14 0
415A - Auto Disturbance 1 0
415CIV - DISTURB CIVIL 1 0
415D - DOMESTIC DISTURB 10 0
415DOG - DISTURBANCE DOG 1 0
415F - FIGHT 4 0
415J - DISTURBNCE JUVIE 6 0
415LT - LANDLORD/TENANT 1 0
415M - DISTURBNCE MUSIC 12 0
415MC - DISTURBANCE M/C 1 0
518 - EXTORTION 1 0
530.5 - IDENTITY THEFT 2 1
594 - VANDALISM 11 5
597 - CRUELTY TO ANMLS 1 0
601 - INCORRIGIBLE JUV 1 0
602 - LAND TRESPASS 18 1
602.5 - ILL ENTRY DWELNG 1 0
640.6 - GRAFFITI RPT 1 1
647.6R - ANNOY/MOLE CHILD 1 0
647C - PANHANDLING 1 0
647E - LOITERING 1 0
647F - DRUNK IN PUBLIC 3 3
653M - OBSCENE PH CALLS 7 0
664245 - ATT ADW RPT 1 0
664488 - ATT PETTY THEFT 2 1
664GTA - ATT GTA J/O 2 1
905 - ANIMAL PROBLEM 7 0
905VI - VICIOUS/INJ ANML 2 0
911FU - 911 FOLLOW UP 17 0
ALARM - MISC ALARM 1 0
AOD - ASSIST OTHR DEPT 9 0
APSFU - ADULT PRO SVS FU 8 5
AREACK - AREA CHECK 47 0
ATL - ATT TO LOCATE 2 0
AWOL - ABSENT W/O LEAVE 3 0
CARFIR - CAR FIRE 1 1
CCODES - COUNTY CODE 1 0
CIVIL - CIVIL PROBLEM 5 0
CODE5 - SURVEILLANCE 13 0
CORD - CITY ORDINANCE 1 0
COUNTR - COUNTER RPT 7 0
CPSFU - CPS FOLLOW UP 37 22
CRISIS - PSYCHE INTERVENT 10 10
DB - DEATH INV 1 1
PRITOW - PRIVATE TOW 3 0
PTRANS - PRISONER TRANS 14 0
PUBSER - PUBLIC SERVICE 2 0
RAJ - RAJ REPORT 7 3
RDRAGE - ROAD RAGE 3 0
REPO - REPOSSESSION 52 0
RETPER - RETURNED MISSPER 2 1
RGSTRNT - Registrant 1 1
S&R - SEARCH & RESCUE 1 0
SAFKEE - KEEPING OF PROP 1 1
SEARCH - SEARCH WARRANT 1 0
SECCK - Security Check 6 0
SHOTSH - SHOTS HEARD 6 0
SOREQ - FIRE REQUEST SO 8 0
SS - Subject Stop 11 0
STALK - STALKING RPT 1 0
SUBCK - SUBJECT CHECK 13 0
SUSCIR - SUSPICIOUS CIRCS 11 0
SUSCON - SUSPECT CONTACT 1 0
SUSPER - SUSPICIOUS PER 12 0
SUSVEH - SUSPICIOUS VEH 2 0
SV - SCHOOL VISIT 1 0
T - Traffic Stop 154 0
TEST1 - TEST 1 0
THEFT - THEFT, MISC 6 0
TOW - TOW REQUEST 4 1
TRAN - TRANSIENT 4 0
UNKPRO - UNK PROBLEM 27 0
UNWANT - UNWANTED SUBJ 15 0
VEHCK - VEHICLE CHECK 57 0
VEHREL - Vehicle Release 2 0
W911 - Wireless 911 FU 220 0
WARARR - WARRANT ARREST 14 13
WARR - WARRANT 1 0
36 415N - NEIGHBORS 2 0
415NO - DISTURBNCE NOISE 2 0
415S - SUBJECT DISTURB 15 0
415UNK - DISTURBNCE UNK 15 0
FD - FLAG DOWN 4 0
FED - FED OFFENSE 1 0
FIRE - ASSIST FIRE/CDF 6 0
FIREW - FIREWORKS 1 0
FOUNDC - FOUND CHILD 2 0
WARSER - ATTEMPT WARSER 1 0
WEAPON - P/M/S DANGER WPN 2 2
WELCK - WELFARE CHECK 68 0
WP - EVICTION 1 0
XPAT - EXTRA PATROL 52 0
Calls by Unit: 76
Unit Count
7P52 9
24V1 1
17A52 1
17A50 1
37JL4 1
37JL3 1
37JL6 1
7P21 11
7D1 2
7P55 1
7P11 15
7R31 13
7R12 3
37T1 1
64K91 1
37T21 2
37T25 1
27P11 2
24P21 208
26P11 2
26R11 2
67D11 1
7D2 1
24D1 1
26P22 1
Unit Count
7P51 7
17P18 1
24P22 210
27D1 1
24MET1 63
7DBH1 1
7D3 2
7S6 2
7S1 1
24D2 8
53P13 3
7P60 1
53P12 1
27P22 1
7W1 1
92P77 1
92D75 2
37T24 1
17R11 1
7DESK1 17
37JL9 2
7S5 5
7P22 1
* 743
7R21 3
Unit Count
17X5 1
66W26 1
37T11 3
37T22 2
37T14 1
37T15 3
37T12 2
37T13 1
7DESK3 1
7DESK2 2
61Z12 1
24P12 141
24P11 152
92J706 1
66W29 1
66W63 1
24CE02 4
7P80 22
37T23 5
7P50 4
7P12 2
7P31 8
24R21 144
58P20 1
24R11 210
7R11 2
37 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: March 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk/Director of Governmental Services SUBJECT: APPROVAL OF CONTRACT AMENDMENT NO.1 BETWEEN JAMES C HIRSCH, AICP,

ASSOC AIA CORP AND THE CITY OF ADELANTO
STAFF RECOMMENDATION:

It is recommended that the City Council approve Amendment No. 1 to the Professional Services Agreement with James C. Hirsch AICP, ASSOC AIA Corp to ensure continued land use planning services.

BACKGROUND:

The City of Adelanto contracted with James C. Hirsch AICP, ASSOC AIA Corp on March 1, 2024, for planning services. The initial contract expired, and the City would like to extend it by 1 year. The contract needs to be decreased by $37,000 for a not to exceed amount of $275,000.

Yearly Land Use Planning Highlights by James Hirsch:

1. Wrote Amendment to the existing 1985 Controlled Access Highway Agreement between the City and Caltrans.

Devised strategy to amend the Agreement with Caltrans, (CT) District 8, Caltrans Headquarters and the California Transportation Commission, (CTC) to be heard by the CTC in May 2025. Coordinated with City Manager, Mayor and Mayor Pro-Tem in outreach to SCAG, SBCTA, CT to process the Amendment.

2. Entitled and monitored construction of 2000 acres of solar panels developed by AES to generate 400 MW of electricity. Determined that they had installed 720 lithium- ion storage batteries without proper environmental and City entitlements. Negotiated a settlement of $ 2,500,000 with AES to be paid when the final permits are obtained to complete the battery storage project in May 2025.

3. Entitled over 4 ½ million square feet of logistics/warehouse space including one 2 ½ million square foot facility and other facilities ranging from 150,000 square feet to 650,000 square feet. 38 To continue to provide land use planning services we propose the following amendments:
• Extension of Contract Term:

An extension of one additional year, allowing continued land use planning services. • Compensation:

A decrease to the contract in the amount of $37,000 for a not to exceed amount of $275,000.

These adjustments will enable us to maintain our commitment to effective service delivery, ensuring that the City complies with all local, state and federal environmental requirements.

FISCAL IMPACT:
• Contract amount not to exceed $275,000. Funds are available in the City’s existing budget.

ATTACHMENTS:
• Amendment No. 1 document
• Original Agreement
39 CITY OF ADELANTO
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
This is Amendment No. 1 to that certain Professional Services Agreement made on February 14, 2024 between the City of Adelanto (“City”) and James C. Hirsch AICP, ASSOC AIA Corp, a California Corporation, (“Consultant/Contractor”), which this Amendment No.1. is made and entered into on March 12, 2025 to amend Section 1.1 Term of Service and Section 2.

Compensation:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on March 1, 2025 and shall end on March 1, 2026 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to James C.

Hirsch AICP, ASSOC AIA Corp to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section

8. 3. SECTION 2. COMPENSATION. is amended to read as follows, decreasing the yearly contract amount by: Thirty seven thousand dollars and zero cents ($37,000.00).

City hereby agrees to pay James C. Hirsch AICP, ASSOC AIA Corp. a sum not to exceed Two hundred seventy five thousand dollars and zero cents ($275,000.00) notwithstanding any contrary indications that may be contained in the proposal, for the Services to be performed and reimbursable costs incurred under this Agreement for work during the amended Term of Services. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay James C. Hirsch AICP, ASSOC AIA Corp for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to James C. Hirsch AICP, ASSOC AIA Corp for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, James C. Hirsch AICP, ASSOC AIA Corp shall not bill City for duplicate services performed by more than one person.
40 AMENDMENT NO. 1
Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide Professional Services Agreement – Planning Support Services in the amount not to exceed Two hundred seventy five thousand dollars and zero cents ($275,000.00) for work performed from March 1, 2025 to March 1, 2026 as further detailed in the following page(s). The standard hourly billing rate shall be $175.00 per hour. The City is not responsible for reimbursement of food, lodging, or mileage.

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
41 AMENDMENT NO. 1
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
Jessie Flores, City Attorney
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONTRACTOR
James Hirsch, Consultant

«Contractor_Signature_2, below signature
include printed name and title»

[Note: 2 officer’s signatures required if
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
42 B. FEE PROPOSAL FOR RFP

1. Company Title: James C. Hirsch AICP, Assoc. AIA Corp

2. Staff Person Name: James Hirsch

3. Professional Certifications: AICP, Associate AIA

4. Standard Hourly Billing Rate: $175.00/ hour

5. No reimbursement for hotels, food or milage
43 CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT
«Planning Support Services»
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 14 day of February, 2024 (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and James C. Hirsch AICP, Assoc. AIA Corp », a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency betWeen the terms ofthis Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on March 1, 2024 and shall end on March 1, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of" Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance ofthe Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2512/026150-000l
19521427 1 2102/27/24
44 1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed THREE HUNDRED AND TWELVE THOUSAND DOLLARS ($312,000) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event ofa conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifiCations of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
(1. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a briefdescription ofthe Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
1 1600 Air Expressway
Adelanto, CA 92301
2512/026150-0001
195214271 3102/27/24 ‘2‘
45 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.

City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Retention of Funds. Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance ofthe Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant .to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed. ’

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submissiOn of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Exgcnses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. '

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees 2512/026150-0001 19521427 1 302/27/24 -3~
46 and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or Other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter—insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers‘ Comgensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers” Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor_ Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self—insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self—insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self—insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General reguiremems. Consultant, at it's own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General 2512/026150-0001
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47 Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Reguirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions ofthe policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Reguirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims~Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one ofthe following: (1) renewal ofthe existing policy; 2512/026150-0001 195214271a02/27/24 -5-
48 (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions ofthe policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Reguirements.
a. Accegtability 0f Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than AzVII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance/imust include the following reference:
«Planning Support Services». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.

0. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits ofany ofthe required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured‘ Primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the folloWing: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self—insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination ofthis Agreement or completion ofthe Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self—insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a_ variation in the foregoing insurance requirements, upon a determination that the coverage, scOpe, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

0. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professiOnal standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties 'of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, 2512/026150-0001 19521427,! 2102/27/24 —7-
50 “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers,- agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision ofthis Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, 2512/026150-0001
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51 52
rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping ofpayroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Laborl Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours Worked in excess of eight (8) hours per day at not less than 1 1/2 times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions ofArticle 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 ofthe Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. (1. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevaiiing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, 2512/026150-0001 19521427 1 a02/27/24 -10-
53 without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. ConSultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term ofthis Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, 0r imposed against City hereunder.

7.5 Conflicts of Interest. Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose Such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent‘that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of filnds for such Services for eaCh year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein. 2512/026150-0001 19521427 1 a02/27/24 -l l54
SECTION 8. TERMINATION AND MODIFICATION.
_ 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences ofTermination. In the event oftermination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of ConSultant. Consultant may not assign this Agreement or any interest therein without the prior written approval ofthe Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval ofthe Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and COnsultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
2512/026150-0001
19521427 1802/27/24 ‘12-
55 b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the coSt to complete the Services described in Exhibit A that is unfinished at the time ofbreach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. COnsultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant.

City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

9.2 Licensing of Intellectual Property. This Agreement creates a non~exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship'fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or. relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by 2512/026150-0001
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56 law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit ofthe State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct ofthe litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bemardino County.
, 10.3 Severabilitx. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant ofthis 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 or a waiver of any subsequent breach Or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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57 10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by <<Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise 'and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 Citv Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Wig; Any written notice to Consultant shall be sent to:

James C. Hirsch AICP, Assoc. AIA Corp
Attn: James C. Hirsch
261 Kavenish Dr
Rancho Mirage, CA 92270
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Brenda Lopez, City Clerk
with a copy to:

City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page ofdesign specifications, and each page of construction drawings shall be stamped/sealed and signed‘ by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
2512/026150—0001 195214271 2102/27/24 -15 -
58 Seal and Signature of Registered Professional with
reportfdesign responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Countergarts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientatiOn, national origin, or ancestry.

10.16 No Third«PartV Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and Warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of 2512/026150-0001
19521427 1 a02/27/24 '16-
59 City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
2512/026150-0001 19521427 1 a02/27/24 -17-
60 IN WITNESS WHEREOF, the' Parties'her'eto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO

Jessie' Flores

Attest: : E £7“? ,....

Brenda pr82. City Clerk
3 Approved 31:5 to F0

7140/7“
Todd Litf‘m‘,City Attorney
2512/026150—0001
19521427 I a02/27/24

CONSULTANT
JamfsjC Hirsch i
«Consultant_Signature_2»

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
-13-
61 62
2512/026150-000l 19521427 I a02/27/24 EXHIBIT A.
63 James C. Hirsch
B. FEE PROPOSAL FOR RFP

1. Company Title: James C. Hirsch AICP, Assoc. AIA Corp

2. Staff Person Name: James Hirsch, Principal Planner

3. Professional Certifications: AICP, Associate AIA

4. Standard Hourly Billing Rate: $150.00/ hour

5. No reimbursement for hotels, food or milage
64 TO: Brenda Lopez, Adelanto City Clerk
SUBJECT: Technical Proposal, Planning, Support Services Tab 1-Cover Letter

8. This proposal is submitted as a response to the RFP dated November 2, 2023 b. The legal name of the S Corporation land planning consulting firm is James C. Hirsch AICP, Assoc. AIA Corp and James C. Hirsch is the President and only employee. It was founded in 2011.
261 Kavenish Drive
Rancho Mirage, CA 92270
425-652-5539
c. i have over 30 years of private and public sector experience in land use regulation, multidisciplinary land use planning. public outreach, entitlement processing, project management and business development. In addition, l have Bachelor of Architecture and Master of City Planning degrees as well as post—graduate Law studies. I have excellent writing and public speaking skills; having served as both Chairman of a City Planning Commission and Design Review Board member in several‘ cities. Based on this experience, l have worked successfully in both the public and private sectors throughout California and Washington. I also have the AICP credential and am an/ Associate member of the AIA and the Urban Land Institute. 1 have been in the public sector with the City of Adelanto for the past 5 years.
d. There is no proprietary information in this Proposal e. James C. Hirsch, the S Corp president, is authorized to negotiate and execute an Agreement with the City on behalf of the consultant
1‘. I. James C. Hirsch have read and understand the RFP in its entirety, including . without limitation. the scope and nature of the work, all appendices, attachments . exhibits, schedules, and addendum, as applicable.
[imwigéz/
James C. Hirsch
65 TO: Brenda Lopez, Adelanto City Clerk
SUBJECT: Technical Proposal, Planning, Support Services Tab 2- Executive Summary
This Proposal is submitted as a response to the RFP dated November 2, 2023. The Proposal is designed to provide both current and advanced planning services in support of both the Planning Commission and City Council under the direction of the City Manager. The Proposal is to work remotely three days per week and within the City Hall offices two days per week. In addition to the preparation 'of Staff Reports with Attachments and Powerpoint presentations for development projects for both the Planning Commission and City Council, advance planning services for projects such as adding additional access points to Hwy 395 via Caltrans and General Pian Amendments to allow emerging land uses are included. 66 T0: Brenda Lopez, Adelanto City Clerk
SUBJECT: Technical Proposal, Planning, Support Services Tab 3- Approach to the Scope of Work
a. My knowledge of the subject area has been gained through over 39 years of private and C.
public sector experience in land use regulation, multi-discipiinary land use pianning. public outreach, entitlement processing, project management and business development. in addition, I have Bachelor of Architecture and Master of City Manning degrees as wail as post—graduate Law studies. I have excetlent writing and public speaking skills; having served as both Chairman of a City Planning Commission and Design Review Board member in several cities. Based on this experience, I have worked successfully in both the public and private sectors throughout California and Washihgton. I also have the AICP credential and am an Associate member of the AIA and the Urban Land Institute. I have been in the public sector as a Principal Planner with the City of Adelanto for the past 5 years.
in the past 5 years I have brought dozens of projects before the Planning Commission and City Council. Usinglmy knowledge of State Planning Laws such as CEQA have prepared Staff Reports, Resolutions , Conditions of Approval, Ordinances. etc. and have coordinated with the City Manager as well as the City Attorney to insure that the documents are consistent with the City Zoning and Land Use regulations.

The strategy that I have employed and will continue to employ as a Principal Planning Consuitant is to reach out to all relevantdepartments as well as the City Attorney, :City Manager and Economic Development Director to insure that the Staff Reports and presentations to the Planning Commission and City Council are consistent with the current policies that they have formulated.

In addition to the Scope of Work described in Attachment A, i will continue to mentor less experienced planning staff and work to improve their professionalism. 67 TO: Brenda Lopez, Adelanto City Clerk
SUBJECT: Technical Proposal, Planning, Support Services Tab 4- Consultant Team
James Hirsch wit} provide planning services as Principal Planner to the Planning Commission and City Council as wen as the general public three days? week by remote and two daysMeek in the ‘ City Hall office. He will work with and mentor all support staff in both Manning and Building to improve their professionalism and planning skiils.
68 TO: Brenda Lopez, Adelanto City Clerk
SUBJECT: Technical Proposal, Planning, Support Services Tab 5- Consultant References

1. Ernest Perea, President EPC Environmental,
4199 Flat Rock Rd STE 128
Riverside , CA 92505
951-318-1135
Ernest @ceqa.p|us
Over the last 3 years I worked succes'sfuily with EPC Environmental in the coordination of various CEQA documents with Staff Reports and Attachments for projects ranging from City -wide Mobility Element updates and General Plan Amendments to housing tract approvals.

Marc Blodgett, President BlodgettBayless Environmental Planning 2211 S Hacienda Blvd, Ste 107
Hacienda Heights, CA 91745
562-556-4542
[email protected]
Over the past 5 years i worked successfully with BlodgettBayless in the coordination of various CEQA documents with Staff Reports and Attachments for projects ranging from shopping centers, hotels and cannabis facilities to housing tract approvals. 69 TAB G-ADDENDA, RESUME JAMES C. HIRSCH, AICP, ASSOC. AIA (425) 652—5539 - iamaschirsgthahoosom
Residence: 261 Kavenish Dr. Rancho Mirage. Caiifornia 92270

PRINCIPAL PLANNER
Waterfront Planning ~ Entitlement Processing ~ Regulatory Compiiarxce Public Outreach ~ Business Development -.~ Infrastructure Development ~ Consensus Building Senior Principal Manner win: more than 35 years experience in public and private sector development, multidisciplinary envitenmental planning. entiflement processing. sustainable coastal urban design. project management of energy and telecommunications infrastructure and business development. Proven ability to provide leadership, strategic planning and due diligence anaiysis to government and land devetopment entities. Demonstrated strengths in managing teams of environmentaL engineering, architectural and Iegat consultants in planning. devetopment and reguiatory compiiance. Masters

in Urban Planning. UCLA and Bachelors in Architecture. the University of Oklahoma.

KEY TRANSFERABLE SKILLS
Due Diligence Multi-Functional Team Leadership Permitting Communications Construction Coordinatidn Zoning Analysis Project Management Business Development

Land Use Planning

EMPLOYMENT BACKGROUND AND ACCOMPLISHMENTS
Bowman/IE 2019-Current
Privately held consulting company
Senior Contract Planner
Senior land use planner performing Current and Advance Planning work for the City of Adeianto. CA. Current Planning work includes processing of 2-1.000 plus acre utility scale Soiar facilities, cell towers, housing tracts and Cannabis facilities.

Advance Planning work includes General Plan Amendment to the City‘s Mobility Element with Caltrans processing, grant writing and CEQA processing modifications.

TOUCHSTONE COMMUNITIES, San Diego. CA 2015-2019
Privately held land development company
Director of Planning - .

Responsible for management of all land planning and environmental planning entitlements for 2-300 unit mixed use SFD subdivisions. Condominium and apartment projects in Riverside and San Diego counties. Management of entitlement processing with all local, state and federal agencies including: CEQA. NEPA‘ USFWS‘ USACOE. and RWQCB. Responsible for due diligence on acquisition and disposition of land.

MARSTEL-DAY LLC, Oceanside, California 2013-2015
National privately held environmental and land use consulting company Senior Planner
Senior land use manner based in the Oceanside. CA office of a 135 person national consulting firm. Provides research and anaiysis that integrated sustainabie planning and environmentai considerations into Iengurange pians for miiitary bases.

Provides project leadership in support of MamteE-Day‘s Encroachment Management Program primariiy for the Air Force and Marine Corps. Clients included the 100,000 acre Vandenberg Air Force Base iocated on 42 miles of Catifomia's Central Coast and the 25‘000 acre Beaie AFB near Sacramento.

PORT OF SAN DIEGO. San Diego, California 2010-2013
Five Cities, (including San Diego) Unified Port District with revenues of $130 M. ' Senior Redeveiopment Planning Manager
Proiect management of the Northern Embarcadero Port Master Plan Amendment and 81R. {1 132 mike long downtown waterfrom déstrict of the Port of San Diego) pursuant to the California Coastat Commission Port Master Plan Amendment process; including proiect management of compieie CEQA documentation and all public outreach. Also‘ management of Port Climate Mitigation and Adaptation Plan and Integrated Joint NavySPort Planning process. Management of staff of 9, 70 JAMES C. HIRSCH Page Two
EMPLOYMENT BACKGROUND AND ACCOMPLISHMENTS (Continued)
TEJON RANCH CORPORATION - Lebec, California . 2007_ — 2009 $50M publically traded diversified real estate company based on 270,000 acre working cattle, Oil and gas extractlon and agricultural ranch in Kern County, CA.

Qirector of Regutartory Compliance
Responsible for management of all environmental permitting and compliance for 230000 acre ranch with all iocal. state and federal regutatory agencies including CEQA, NEPA. USFWS. (San Joaquin Valtey Floor Multifipecies Habitat Conservation Plan), CDFW. US Army Corps. RWQCSi State Water Resaurces Control Board? SJVAPCD, DOGGR. with focus on deveiopment of 2500 acre Tejon Industrial Complex and adjoining mixed use community. Managed six staffwith budget of $150M. . Managed and implemented design and successful construction of critical ranch ‘wide water bank components on time and under the $1.5M budget. This led to State regulatory agencies approving all of the structures and accompanying miles of pipetines with no objections.
. Expedited permitting of 800.000 sf. distribution center within six week period. instead of normal three months. enabling the cross: of a critical $5M land purchase within the 2500 acre Tejon Industrial Complex. 0 DR HORTON — Carlsbad, California 2005 — 2007
$3.53, the largest homebuilderin United States, publically traded on NYSE as DHI.

Senior Fonward Planning Manager
Responsible for management of ail emifonmemal permitting and manning for three residential subdivisions and three condominium proiects in Riverside and San Siege counties. Managed three person staff with budget of 82.601. Provided management of entitlement processing with all local state and federal agencies including CEQANEPA‘USFWS. Army Corps, RWQCB.

VELOCITEURUHLQARR & ASSOCIATES - Bellevue. Washingtenftwine. California 2001 ~ 2005 $4506, wireiess ?efecommanicatfons site acquisition and construction company and architecture/planning firm.

Senior Telecommunications Site Acquisition & Real Estate Manager Responsible for management of site feasibitity studies. iand use entitlements, leasing and coordination of construction for over 150 wireiess telecommunication faciiities for AT&T. Verizon Wreiess and Clear Channel Communications. Planning for Tulalip Tribe's 1200 acre mixed use Quil Ceda Village Master Plan including Tribal Board Charrettes.

W 8. H PAClFlC/IT CORPORATION - Bothetl, Washington 1998 - 2001 W & H Pacific is a mulfidiscip/inan/ firm specializing in all facets of architecture, building engineering, land development, survey, transportation and water resources.

Telecommunications Site Acquisition and Zoning Manager
Responsible for preparing analyses of alternate wireless sites and acquire them via tease, license or easement. Prepared and submitted land use and building permits for wireless telecommunication network faciiities. Analyzed land use, building and environmental code requirements to strategize permit process and design criteria.

FORMA - San Diego and Irvine. California. Seattle, Washington _ 1993 — 1997 $4M land planning and landscape architecture film headquartered in Wine, Califomie. with offices in San Diego and Seattle. ’ Senior Director
Responsible for opening and managing offices in San Oiego and Seattle ineluding business development with new and existing clients'inciuding the K0” Co‘, Home Depot Corp, La Costa Resort and Spa and American Stores. Supervised eight staff members with budget of $300K
0 Led a team of consultants including {and planners, architects. engineers, biologists, public relations firms, political consultants and two law firms, to overcome legal and political issues with the City of Encinitas, leading to obtaining environmental entitlements, enabling construction of a Home Depot.

V. Assembled and managed a team of architects, planners, engineers and a law firm to design and entitle the $100M La Costa Resort & Spa Beachfront Hotel project through the City of Encinitas and the Coastal Commission.

JAMES C. HIRSCH Page Three
71 EMPLOYMENT BACKGROUND AND ACCOMPLISHMENTS (Continued) 1991 — 1993 THE AUSTIN HANSEN GROUP '- San Diego. California cape architects and $4M, mulfi-disciplinary architecture and planning firm employing architects, urban designers, planners, lands civil engineers.

Director of planning .

Responsible for management of all land planning projects and 13nd ptaming aspects of business development, Land planning projects tnciuded San Elijo Ranch, a 3,000 acre master planned community, San Marcos Civic Center. and a 500 acre transit oriented civic center and several resort hotel projects. Preparation of Community Facitities Element. City of Vista, CA.

BHA, INC. San Diego,CA 1989-1991
Director of Planning
Responsibilities included management of all planning activities for a pianning. engineering and surveying consulting firm employing 35 people. Private sector development projects included residential subdivisions. mixed-use commercial centers and industrial parks. Pubtic sector projects included the preparation of growth management related policy documents such as Community Facilities Element and Design Review Manual for the City of Vista.

SAN DIEGO GAS & ELECTRIC - San Diego, California 1987 - 1989 $100M, investor owned gas and electric utility.

Land Planner
Responsible for permitting of natural gas pipelines for conversion of Encina Power Plant to clean gas. Represented SDG&E before California Coastal Commission. Conducted 69kv transmission undergrounding studies throughout downtown San Diego for redevelopment projects. Conducted 138kv roUting studies through new development areas. - Secured approval by the California Coastal Commission for cohstruction of 4.2 mile. 20" high pressure gas pipeline through sensitive wetlands for SDG&E’s Encina Power Plant conversion from diesel oil to clean burning natural gas. This resulted in extremely positive PR for SDG&E in the community by cleaning up smoke from a power plant that had been a symbol of pollution in North San Diego for decades.

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Dist. 11, San Diego, CA, 1985—1987 Associate Environmental Planner
Project manager supervising planners in research, writing. editing and production of—Federal Environmental Impact Statements. (ElS/EIR) per NEPA/CEQA and other complex environmental assessment documents for major transportation projects; inctuded coordination of technicai studies (naturaf resources, engineering degfgn. archaeology. traffic. floodptain analysis, landscape architecture‘ air and noise). Additional responsibilities included: Iiaison with federat‘ state and Focal agencies, and the public concerning impact of major transportation projects: socioeconomicfgrowth. Represented CALTRANS before the California Coastal Commission on State Route 76 and received approval.

JAMES C. HIRSCH Page Four
72 EMPLOYMENT BACKGROUND AND ACCOMPLISHMENTS (Continued) CALIFORNIA COASTAL COMMISSION - San Francisco. San Diego, Los Angeles, California 1979 - 1985 State land use regulatory agency covering 1,100 mile coastline.

Coastal ?mgram Analyst
Responsible for analysis and recommendatiens to Coastal Commission on Locai Coastat Programs, (LCPs) for Les Angetes County and City: Baltcnanarina Del Rey MaiibuSSahta Monica Mountains, Catatina Istand; Orange County: Bolsa Chica.

Newport Beach. Provided land use planning and zoning analysis, written and orat presentations to Commission and Local Governments.

Developed. wrote and presented to the California Coastal Commission a staff report proposing a compromise sotutian for the desired development of the Marina Del RenyaIfona Wettands. This resulted in a negotiated agreement between the Commission, environmental groups and LA City and County agencies, allowing development of Playa Vista. adding thousands of new hotel and résidential units in Marina Del Rey.

Developed, wrote and presented to the CCC a staff report denying development of a mixed use marina in the Bolsa Chica Wetlands. Ultimately a plan restoring the wetlands with a restored ocean entrance was implemented.

CITY OF SAN FRANCISCO PLANNING DEPARTMENT — San Francisco. California 1975-1977 City Planning Department with jurisdiction over Port of San Francisco waterfront planning ‘ Planner ll
Responsible for major project urban design review including adaptive reuse of historic waterfront properties including the

Malian Swiss Colony building and SF. Bay Club. Prepared urban design guidelines for major transit corridors.

EDUCATION
Master of City and Regional Planning, UCLA, Westwood, California 1972 Bachelor of Architecture, University of Oklahoma, Norman, Oklahoma 1970

Post Graduate Studies, Law, Seattle University School of Law 1995

PROFESSIONAL AFFILIATIONS, MEMBERSHIPS & POSITIONS
Ametican Institute of Certified Plannem, AICP, Member. 1985 - Present Association of Environmental Professionals! Member, 1985 — 1995 American Institute of Architects, Associate Member AIA, 1981 — Present Urban Land Institute, Associate Member, 1989 - Present
NAIOP. Member, 2008 — Present
International Right Of Way Association, Member; 2001 - 2002 City of Redmond. Washington. Design Review Board. Councii Appointment 1994 - 95 City of Enctnitas, Cattfomia. City Ptannmg Commission, Chairman City Council Appointment 1987~88. Presided over development of the first General Pratt, Growth Management Ptan and Local Coastai Pian as Pfanning Commission Chairman of this newly incometated coastal city (poputation 55,000) City of Encinitas. Caiifomia Parks and Recreation Commission, 1989 - 90. 73 James C. Hi_rsch

ATTACHMENT A: SCOPE OF WORK
Background
The City of Adelanto (City), California, population 33,391 is located in the High Desert in the Victor Valley region of the Mojave Desert and is situated along the Highway 395 corridor, which was recently widened to help the with City’s expected growth over the next few years.

Adelanto is a Charter City, and operates as a Council-Manager‘ form of government with a five (5) member City Council. The City has an appointed Planning Commission which has the authority to review and approve all non-Iegi-slative actions.

Scope of Work
The Scope of Work includes but is not limited to:

1. Attendance and presentations at Council and Commission meetings as directed .by the City Manager.

2. Managing Current planning activities the City has been engaged such as : establishment of ordinances alloWing for various medical marijuana businesSes within specified zoning districts; processing land use applications and ministerial permits for housing tracts, commercial projects and industrial developments, and; initiating updates to the City's Development Impact Fees (DIF).

3. Managing Advanced planning efforts include: General Plan Mobility Element Amendments to add Hwy 395 access points and signalization through Caltrans processing , raising height limits and revising standard street cross sections through General Plan Amendments and rezoning, rezoning lands in and around the civic center and US Highway 395 to promote additional Commercial uses, and; 74 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: March 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: APPROVE AMENDMENT NO. 3 TO THE KOSMONT TRASACTION SERVICES

PROFESSIONAL SERVICES AGREEMENT IN THE ADDITIONAL AMOUNT OF $30,000
STAFF RECOMMENDATION:

Staff recommends City Council approve an additional amendment to the Professional Services Agreement with Kosmont Transactions Services in the additional amount of $30,000.

BACKGROUND:

Kosmont Transactions Services staff have been hired to support the city in financial management and revenue strategy. The team is reaching the required milestones and additional work requires additional time. The finance team has successfully completed the FY 21-22 audit earlier this year and is slated to complete the FY 22-23 by the end of March/ early April.

This contract extension is expected to cover the next 90 days work on the financial audit, costs savings measures and commence work on the FY 25-26 budget,
FISCAL IMPACT:

The fiscal impact of this contract will be in the amount of $30,000.

ATTACHMENTS:

A. Amendment No. 3
B. Amendment No. 2
C. Original Agreement
75 CITY OF ADELANTO
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT – KOSMONT TRANSACTIONS
SERVICES, INC., DBA KOSMONT FINANCIAL SERVICES
This is Amendment No. 3 (“Amendment No. 3”) to that certain Professional Service Agreement – (“Agreement”) made on between the City of Adelanto (“City”) and Kosmont Transactions Services Inc., DBA Kosmont Financial Services (“Consultant”)signed on May 22 2024 and further amended in September 2024. This Amendment is made and entered into on March 12, 2025, to increase the as-needed contract amount.

1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.

2. SECTION 1.4, “Compensation” is amended to include the following to read as follows:

SECTION 1.4. COMPENSATION.

City hereby agrees to increase the total contract amount by $30,000 notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement.

Consultant shall be paid at the same rates currently being paid by the City. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 3. may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 76 AMENDMENT NO. 2
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
____________________________
Jessie Flores, City Manager
Attest:
____________________________
Brenda Lopez, City Clerk
Approved as to Form:
____________________________
Todd Litfin, City Attorney

CONSULTANT
______________________________
Larry Kosmont
Kosmont Transactions Services, Inc., dba
Kosmont Financial Services
77 78
79 CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT
Financial Advisory and Revenue Strategy
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective this 22nd day of May, 2% ("Effective Date") by and between the CITY OF ADELANTO, a California municipal corporation, ("City") and Kosmont Transactions Services, Inc. doing business as Kosmont Financial Services , a California Corporation ("Consultant"). City and Consultant may sometimes herein be referred to individually as a "Party" and collectively as the "Parties." SECTION 1. SERVICES.

Subj ect to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the "ServiCes"). Consultant will perform subsequent task orders as , requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Sgrvices. The term of this Agreement shall begin on May 22"", 2024 and shall end on May 22, 2025 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City's right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Perfgrmance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Persgnnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time: Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder.

1.5 Aglthgrization to Perform Serviges. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
80 1.6 Warranfl. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed SIXTY THOUSAND DOLLARS ($60,000) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount ofcompensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; .
b. The beginning and ending dates of the billing period; c. A "Task Summary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description ofthe Services, and each reimbursable expense;

6. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301

81 2.2 Monthlv Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all ofthe requirements above to pay Consultant.

2.3 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

2.4 ligurl‘.‘ Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.5 Reimbuggble Expgngcs. Reimbursable expenses are included within the maximum amount of this Agreement.

2.6 Paxmgm QfTaxgs. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.7 Payment ugon Temination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as Of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees ?”3 | 25025! 5f: {Him 3
82 and reviewing records and the information in possession 'of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory. in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant's compensation. Consultant shall not allow any subcontraCtor, consultant or other agent to commence work on any subcontract until ConsUltant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter—insured suits between City and other insureds.

4.1 Workerg Compensation. To the extent that Consultant has employees, Consultant shall, at its sole‘ cost and expense, maintain Statutory Workers‘ Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code.

Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self—insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobiie Liabilitv Insurances a. Gggggal rgguirgmgggs, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General 83 Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services» to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, and non—owned automobiles.
b. Minimum Scone of Coverggg Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability’ occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. N0 endorsement shall be attached limiting the coverage. c. Additional Reguirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
‘ 4.3 ErofeS§ional Liabilirv Insurance.
a. General Reguirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self—insured retention shall be shown on the Certificate. If the deductible or self—insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. CiaimS-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form?

(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum offive (5) years after the expiratiOn or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one ofthe foll<?wing: (1) renewal ofthe existing policy; .2? ! ' ';?‘»i ?’?..‘:‘x«}‘
“7| ll? ‘ 303:2 ESZs '5‘
84 (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant's sole cost and expense, any extended reporting provisions ofthe policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Poligigg Reguirementg.
a. Acceptability of lnsm'ersi All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:

Contract Title: The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 1 1600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.

0. Notice of Reduction in or Cancellation of Coverage, Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any ofthe required polices are reduced; or (3) the deductible oi- self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured: ?rimary Insurance City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with reSpect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination ofthis Agreement or completion ofthe Services.

85 e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self—insured retentions and deductibles before beginning any ofthe Services. ,

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Sggbggntractors, Consultant shall include all subcontractors as insureds under its policies or shall fumish separate certificates and certified endorsements for each subcontractor. A11 coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City's interests are otherwise fully protected.

4.5 Remedies In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:

. a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Egofessional Liabilig= Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (With counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable cOnsultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively,

86 "Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, 0r subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance ofprofessional services under this Agreement.

5.2 indemnification for Other than Professional Liabiligl Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification fgr Design Prgfesgogalg. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term "design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a "design professional" as that term is defined in Civil Code Seetion 2782.8.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City's sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official Capacity.

SECTION 6. INDEPENDENT CONTRACTOR.

The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. ConSultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in' any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become 87 88
(ii) Consultant is aware of and will comply with the provisions ofLabor Code Section 1776, including the keeping ofpayroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of industrial Relations‘ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day's work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 1/2 times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty—five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar- week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 ofthe Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibilin . Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works proj ect unless registered with the Department of Industrial Relations. d. QIR Monitoring, Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages, Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other '5 Z S?EIEF-‘irl
' 2'! [71:02”; '10‘
89 similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Pennitg, Fees and Asgessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant's obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect; Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant's obligations and responsibilities under this Agreement. City and Consultant hereby acknowledge that Consultant is not a ‘consultant’ for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

7.6 ggnual Aggrogriation of Funding: In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year; payment for such Services is expressly conditioned on City's annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall he terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. ‘City may cancel this Agreement at any time and without cause upon written notification to Consultant.

90 8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City.

8.3 . Conseguences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, Video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendmentg. The Parties may amend this Agreement only by a writing signed by all the Parties.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval ofthe Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 .Eurvival. A11 obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement for a period not to exceed four (4) years.

8.8 Omigng ugon Brgggh bx gzongultant. If Consultant materially breaches any of the terms of this Agreement, City‘s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described m Exhibit A; and/or
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91 d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.] Records Created as Part of Consultant 3 Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the ‘ expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

9.2 icensin of Intellectual r ert . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents and Data"). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use ofthe Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

9.3 Con§ultant's Book§ and Records: Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or dOCument's evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. I

9.4 lnsgeetion and Audit 01‘ RecordS. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. -13-

92 Under California Government Code Section 8546.7, if the amount ofpublic funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), 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 City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attomeys' fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attomeys' fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the preVailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bemardino County.

10.3 Severabilitx. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. -

10.5 No Inmlied Waiver of Breach. 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 or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions ofthis Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Regresentative. A11 matters under this Agreement shall be handled for Consultant by Consultant_Contact ("Consultant's Representative"). The Consultant's Representative shall have full authority to represent and act on behalfof Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, 1f.70?iul>3»i;fll ‘:’7az'>'>: ":3“: '14-
93 sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 Cit tract d 'ni tration. This Agreement shall be administered by a City employee, Jessie Flores, City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Centract Administrator or his designee.

10.9 Notices Any written notice to Consultant shall be sent to:

Kosmont Financial Services Attn:

Larry Kosmont
1601 N Sepulveda Blvd #382
Manhattan Beach, CA 90266
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Jessie Flores, City Manager with
a copy to:

City Clerk
City of Adelanto
l 1600 Air Expressway
Adelanto, CA 92301

10.10 Erofessignal Seal, Where applicable in the determination of the Contract Administrator, the first page ofa technical report, first page of design specifications, and each page of constrUction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

Seal and Signature ofRegistered Professional with
re ' a 0 c

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or rernedies for the same default or any other default by the other Party.

” «1 —15_
94 10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Countcggarts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution ofContract. The persons executing this Agreement on behalf ofeach of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. '

10.15 Nondiscrimination Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third-Partv Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliabiliw ofCitv Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default 0r breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation," directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Emaloyees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one ( 1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: March 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: Recommend Rejecting Bids Received for the Remodel of City Council Chamber Project.

STAFF RECOMMENDATION:

Staff recommends the City Council rejects the bid received for the Remodel of City Council Chamber Project.

BACKGROUND:

City received $500,000 grant from the California Department of General Services in the amount of $500,000 to remodel the City Council Chamber. Plans and specifications were prepared to advertise the project for construction bids.

Staff advertised the project to receive construction bids on December 17, 2024. The City Clerk’s office received and opened two (2) bids on February 12, 2025 which is summarized below.

No. Company Bid
1 Blue Builders, Inc. Incomplete & Non Responsive Bid (rejected) 2 KNC Construction, Inc. $1,847,000.41
Bid proposal from Blue Builders, Inc. was incomplete so considered as non-responsive as it was not submitted in the City’s standard bid format and also bid bond was missing which is the mandatory requirement to submit bid. The bid from Blue Builders, Inc. is rejected Lowest responsive bid is more than the available grant not including 10% contingency. Staff recommends rejecting this bid which will allow the project to be advertised again.

FISCAL IMPACT:

There is no fiscal impact by rejecting the bid.

ATTACHMENTS:

Attachment No. 1 Location Map
Attachment No. 2 Bid Register
Attachment No. 3 Bid Analysis
108

LOCATION MAP

REMODEL OF CITY COUNCIL CHAMBER
109
110
REMODEL OF CITY COUNCIL CHAMBER. CIP 2024-
09 ITEM NO. BID ITEM DESCRIPTION ESTIMATED

QUANTITY UNIT UNIT PRICE TOTAL
1 Mobilization 1 LS $16,732.00 $16,732.00
2 Remove all existing chairs and dais desk and podium miscellaneous all around the space, properly dispose 1 EA $16,000.00 $16,000.00 3 Demolish and properly dispose existing stage, ramp, stairs and miscellaneous, patch and repair damaged surface to receive new flooring 1 LS $24,000.00 $24,000.00 4 Remove and properly dispose existing entrance door, protect existing door frame to receive new door 1 LS $4,200.00 $4,200.00
5 Remove and properly dispose acoustic wood slat panels, patch and repair the surface to receive new acoustic tiles per manufacturer specifications and construction sheet.
1 LS $16,000.00 $16,000.00
6 Remove and properly dispose existing carpet, repair and prepare sub-floor to receive new carpet flooring per flooring schedule. 1 LS $18,000.00 $18,000.00 7 Remove all wall and ceiling attachments and miscellaneous items, store properly to reinstall 1 LS $14,500.00 $14,500.00
8 Patch and repair existing wall surfaces, prepare to receive new wall finish 1 LS $35,000.00 $35,000.00 9 Demolish and properly dispose all existing tile and grid ceiling elements, prepare to receive new ceiling per construction RCP plan 1 LS $22,000.00 $22,000.00 10 Remove all lighting, associated wiring, fixtures and miscellaneous electrical components, per demolition plan. ensure all power is disconnected and properly terminated before removal
1 LS $62,000.00 $62,000.00
11 Remove the existing City logo plate, make any necessary repairs or refinement to reinstall 2 EA $3,500.00 $7,000.00
12 Remove, clean, and repair the existing presidential flags as needed to rework 3 EA $1,500.00 $4,500.00
13 Remove and properly dispose of the existing door and frame. Patch and repair any surrounding damaged areas to create a clean, smooth wall opening.
1 EA $5,200.00 $5,200.00
14 Demolish and remove designated wall to receive a new door match existing type “B” door characteristics. Properly dispose of debris and repair all damaged surrounding areas to ensure a smooth, finished wall opening. 1 LS $8,300.00 $8,300.00
15 Construct new stage, ADA- compliant ramp, and stairs per structure drawing. ensure all elements meet accessibility standards and structural requirements
500 SF $84.00 $42,000.00
16 Adjust the slope of flooring, demolish existing surfaces as needed and construct new flooring as needed per floor leveling plan. patch and repair the surface to receive new flooring per flooring schedule 1 LS $102,000.00 $102,000.00
17 Construct the new ceiling system as detailed in the reflected ceiling plan (RCP), including sections and details on sheet. ensure proper alignment and support as specified.
1 LS $96,000.00 $96,000.00
18 Patch, repair all damaged interior walls as needed, prepare to install new wall finish schedule, ensuring uniformity in appearance and adherence to design specifications.
2,400 SF $16.00 $38,400.00
BID OPENING: 2:00 P.M., FEBRUARY 12, 2025

LOWEST BIDDER
KNC CONSTRUCTION, INC.
111
19 Patch, repair all damaged interior walls as needed, prepare to install new wall finish schedule, ensuring uniformity in appearance and adherence to design specifications.
1 LS $7,500.00 $7,500.00
20 Furnish and install plexiglass panels per construction plans and manufacture's specifications. Ensure secure and precise installation. 1 LS $22,400.00 $22,400.00 21 Furnish and install new glass tinted door. ensuring proper alignment, installation of hardware as specified. Verify door functionality and accessibility compliance
1 EA $24,400.00 $24,400.00
22 Furnish and install new carpet flooring per flooring layout and finish schedule. ensure all seams and edges are properly aligned and adhered. 1,800 SF $23.50 $42,300.00 23 Furnish and install all new lighting fixtures and electrical work per electrical plans. ensure all fixtures are properly wired, tested, and in compliance with local electrical codes.
1 LS $129,025.00 $129,025.00
24 Furnish and install all new mechanical systems including HVAC units, per mechanical plans. ensure that systems are tested and functioning as intended.
1 LS $56,000.00 $56,000.00
25 Furnish and install new gypsum board ceiling per RCP construction plans. patched, prepped and finished all new surface to a smooth, paint- ready condition according to the finish schedule. ensure all joints and seams are properly concealed.
1 LS $135,000.00 $135,000.00
26 Furnish and install as-built dais desk per carpenter's specifications ensuring high quality craftsmanship and integration with surrounding elements. see sheet A3.1.
1 EA $97,500.00 $97,500.00
27 Furnish movable podium per manufacture's specifications ensuring stability and ease of use. 1 EA $8,500.00 $8,500.00
28 Furnish and install all types of seating, per specified on plan and manufacture specifications ensuring proper placement and compliance with safety standards.
63 EA $1,279.37 $80,600.31
29 Furnish and install low BSR handrails, per manufacture's specifications.

Ensure secure installation and adherence to safety codes. 45 LF $977.78 $44,000.10 30 Furnish and install all visual and audio system, per manufacture's specifications. Test and adjust for optimal performance and integration. 1 LS $419,750.00 $419,750.00 31 Furnish and install Millworks to support a flower box. ensuring that the design and installation meet project specifications 1 LS $10,400.00 $10,400.00 32 Rework wall and ceiling attachments and any miscellaneous items as needed to accommodate new installations 1 LS $17,000.00 $17,000.00 33 Furnish and install new accessible and directional restroom signs, per details on sheet. ensure that signs should meet all local accessibility standards, ensuring clear visibility and compliance with accessibility guidelines.
3 EA $417.00 $1,251.00
34 Furnish and install occupancy load sign, per details on sheet. ensure the sign is placed in a clearly visible location near the main entrance. 1 EA $417.00 $417.00 35 Rework and reinstall the existing City logo plate in designated location, ensuring it is clean, level, and securely attached 2 EA $750.00 $1,500.00 36 Rework and place existing Presidential Flags in designated positions 3 EA $400.00 $1,200.00 37 Provide and install embedded Logo City on stage – See sheet A4.0 Detail B. 1 LS $8,000.00 $8,000.00
38 Provide and install new door, match existing type “B” door characteristics. 1 EA $6,200.00 $6,200.00 39 Furnish and install all new lighting fixture and electrical work per electrical plans. ensure all fixtures are properly wired, tested, and in compliance with local electrical codes.
1 LS $125,225.00 $125,225.00
40 Furnish and install Water Jet Stone – See Sheet A1.6 for details 1 EA $11,500.00 $11,500.00 112
41 Furnish and install all new stretch ceiling with fiber optic lighting and electrical work per electrical plans. ensure all fixtures are properly wired, tested, and in compliance with local electrical codes.
1 EA $64,000.00 $64,000.00
42 Project Sign 1 EA $1,500.00 $1,500.00
TOTAL BASE BID $1,847,000.41
113

CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
STAFF RECOMMENDATION:

Staff recommends that City Council review and ratify Warrant Demand Schedule 24/25-09-01.

1. City of Adelanto Check Warrant No. 151000 through 151018 in the total amount of $29,087.44.

2. City of Adelanto EFT No. 3373 through 3491 in the total amount of $13,865,523.20 BACKGROUND:

All payments have been reviewed in accordance with policies for processing payments and expenditures.

FISCAL IMPACT:

Summary of Payments issued:

Total Number of Payments: 137
Total Amount of Payments: $13,894,610.60
ATTACHMENTS:

1. Payment Check Register – Check No. 151000 through 151018

2. Payment EFT Register – EFT No. 3373 through 3491
DATE: March 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 24/25-09-01
114
Payment Register
City of Adelanto
From Payment Date: 3/6/2024 - To Payment Date: 3/5/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
151000 02/20/2025 Open Accounts Payable ADELANTO COMMUNITY

RESOURCE CENTER
$2,188.59
151001 02/20/2025 Open Accounts Payable ADELANTO ELEMENTARY SCHOOL

DISTRICT
$250.00
151002 02/20/2025 Reconciled 03/05/2025 Accounts Payable ADELANTO HEAT YOUTH

FOOTBALL AND CHEER
$10,000.00 $10,000.00 $0.00
151003 02/20/2025 Reconciled 03/05/2025 Accounts Payable ADELANTO WATER & SANITATION $2,547.20 $2,547.20 $0.00 151004 02/20/2025 Reconciled 03/05/2025 Accounts Payable RAMOS, DANIEL $127.86 $127.86 $0.00 151005 02/24/2025 Voided Per Supervisors
Request
02/26/2025 Accounts Payable US BANK TRUST N.A. $250,300.00 151006 02/27/2025 Reconciled 03/05/2025 Accounts Payable MARY MANZO $1,724.70 $1,724.70 $0.00 151007 02/27/2025 Open Utility Management
Refund
ANDERSON, TONY $174.32
151008 02/27/2025 Reconciled 03/05/2025 Utility Management Refund
BLUESTAR PROPERTIES $323.67 $323.67 $0.00
151009 02/27/2025 Open Utility Management
Refund
FONG , LINDY $196.51
151010 02/27/2025 Open Utility Management
Refund

JIRASATITH OR MEGAN GAUL,

NATHAPHOL
$117.58
151011 02/27/2025 Open Utility Management
Refund
MASSEY, DANIEL $386.20
151012 02/27/2025 Open Utility Management
Refund
MOORE, CLENNON $181.79
151013 02/27/2025 Reconciled 03/05/2025 Utility Management Refund

RAMIREZ OR MARIS RAMIREZ,
JULIO
$317.77 $317.77 $0.00
151014 02/27/2025 Reconciled 03/05/2025 Utility Management Refund

SERRANO COCA OR ANGELICA

SERRANO, JOSE, LUIS
$205.79 $205.79 $0.00
151015 02/27/2025 Open Utility Management
Refund
SINGH, RON $100.06
151016 02/27/2025 Open Utility Management
Refund
WILLIAMS, DOMINIQUE $0.02
151017 03/04/2025 Open Accounts Payable EDWARD S. RAYA $8,370.00 user: AP Pages: 1 of 2 Thursday, March 6, 2025
115
Payment Register
City of Adelanto
From Payment Date: 3/6/2024 - To Payment Date: 3/5/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151018 03/04/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $1,875.38 Type Check Totals: 19 Transactions $279,387.44 $15,246.99 $0.00 04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 11 $13,840.45 $0.00
Reconciled 7 $15,246.99 $15,246.99
Voided 1 $250,300.00 $0.00
Stopped 0 $0.00 $0.00
Total 19 $279,387.44 $15,246.99
All Status Count Transaction Amount Reconciled Amount
Open 11 $13,840.45 $0.00
Reconciled 7 $15,246.99 $15,246.99
Voided 1 $250,300.00 $0.00
Stopped 0 $0.00 $0.00
Total 19 $279,387.44 $15,246.99
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 11 $13,840.45 $0.00
Reconciled 7 $15,246.99 $15,246.99
Voided 1 $250,300.00 $0.00
Stopped 0 $0.00 $0.00
Total 19 $279,387.44 $15,246.99
All Status Count Transaction Amount Reconciled Amount
Open 11 $13,840.45 $0.00
Reconciled 7 $15,246.99 $15,246.99
Voided 1 $250,300.00 $0.00
Stopped 0 $0.00 $0.00
Total 19 $279,387.44 $15,246.99
user: AP Pages: 2 of 2 Thursday, March 6, 2025
116
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
EFT
3373 02/20/2025 Reconciled 02/20/2025 Accounts Payable CHARTER COMMUNICATIONS $6,605.94 $6,605.94 $0.00 Invoice Date Description Amount
170387801020125 02/01/2025 Services for all Departments: 02/04/25-03/03/25 $6,605.94 3374 02/20/2025 Reconciled 02/20/2025 Accounts Payable SAN BERNARDINO COUNTY FIRE

PROTECTION DISTRICT
$1,037,988.00 $1,037,988.00 $0.00
Invoice Date Description Amount
ADEL2425-FEB 02/19/2025 Fire Protection Services - February 2025 $518,994.00 ADEL2425-MAR 02/19/2025 Fire Protection Services - March 2025 $518,994.00 3375 02/20/2025 Reconciled 02/20/2025 Accounts Payable VERIZON WIRELESS $8,696.49 $8,696.49 $0.00 Invoice Date Description Amount
6105731654 02/10/2025 Phone Services from 01/11/25-02/10/25 $8,696.49 3376 10/25/2023 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $359,846.72 $359,846.72 $0.00 Invoice Date Description Amount
10252023 10/25/2023 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$359,846.72
3377 11/28/2023 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $359,846.72 $359,846.72 $0.00 Invoice Date Description Amount
11282023 11/28/2023 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$359,846.72
3378 12/27/2023 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $359,846.72 $359,846.72 $0.00 Invoice Date Description Amount
12272023 12/27/2023 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$359,846.72
3379 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
01232024 01/23/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3380 02/28/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
02282024 02/28/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3381 03/21/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
03212024 03/21/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3382 04/24/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
04242024 04/24/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3383 05/16/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
05162024 05/16/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
user: AP Pages: 1 of 11 Thursday, March 6, 2025
117
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3384 06/24/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
06242024 06/24/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3385 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $63,540.88 $63,540.88 $0.00 Invoice Date Description Amount
2493068 01/23/2024 Proj No. 3 2007 $63,540.88
3386 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $921,393.10 $921,393.10 $0.00 Invoice Date Description Amount
2493067 01/23/2024 3rd 95C CAB $921,393.10
3387 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $79,012.52 $79,012.52 $0.00 Invoice Date Description Amount
2493070 01/23/2024 2015 SPL Tax Bonds Series A $79,012.52 3388 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $64,323.75 $64,323.75 $0.00 Invoice Date Description Amount
2493071 01/23/2024 2015 SPL Tax Bonds Series B $64,323.75 3389 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $257,973.54 $257,973.54 $0.00 Invoice Date Description Amount
2493065 01/18/2024 PFA S-1995B $257,973.54
3390 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $70,369.21 $70,369.21 $0.00 Invoice Date Description Amount
2493064 01/18/2024 PFA S-1995A $70,369.21
3391 01/23/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $95,385.81 $95,385.81 $0.00 Invoice Date Description Amount
2493069 01/18/2024 2015 Spec. Tax Bonds AGY $95,385.81
3392 01/02/2025 Reconciled 10/31/2022 Accounts Payable METLIFE $3,659.82 $3,659.82 $0.00 Invoice Date Description Amount
MetLife 2025 Jan 01/01/2025 MetLife Allocation Billing 1/1/25 to 1/31/25 $3,659.82 3393 01/14/2025 Reconciled 10/31/2022 Accounts Payable COLONIAL LIFE $533.92 $533.92 $0.00 Invoice Date Description Amount
76646181205532 01/01/2025 Colonial Allocation Period of 1/1/25 to 1/31/25 $533.92 3394 02/06/2025 Reconciled 10/31/2022 Accounts Payable CalPERS-PUBLIC EMPLOYEES

RETIREMENT SYSTEM
$42,090.77 $42,090.77 $0.00
Invoice Date Description Amount
100000017799977 02/01/2025 PERS Health Allocation Bill Period 2/1/25 to 2/28/25 $42,090.77 3395 02/06/2025 Reconciled 10/31/2022 Accounts Payable CalPERS-PUBLIC EMPLOYEES

RETIREMENT SYSTEM
$2,159.22 $2,159.22 $0.00
Invoice Date Description Amount
100000017799978 02/01/2025 PERS Health Allocation Bill Period 2/1/25 to 2/28/25 $2,159.22 3396 02/13/2025 Reconciled 10/31/2022 Accounts Payable CalPERS-PUBLIC EMPLOYEES

RETIREMENT SYSTEM
$5,455.90 $5,455.90 $0.00
Invoice Date Description Amount
100000017797754 02/01/2025 CALPERS CURRENT CONTRIB PR of 2/13/25 Classic
$5,455.90
user: AP Pages: 2 of 11 Thursday, March 6, 2025
118
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3397 02/13/2025 Reconciled 10/31/2022 Accounts Payable CalPERS-PUBLIC EMPLOYEES

RETIREMENT SYSTEM
$8,592.49 $8,592.49 $0.00
Invoice Date Description Amount
100000017797788 02/01/2025 CALPERS CURRENT CONTRIB PR of 2/13/25 PEPRA
$8,592.49
3398 07/01/2024 Reconciled 10/31/2022 Accounts Payable METLIFE $3,498.94 $3,498.94 $0.00 Invoice Date Description Amount
MetLife 2024 JUL 07/01/2024 MetLife Allocation Billing 7/1/24 to 7/31/24 $3,498.94 3399 09/03/2024 Reconciled 10/31/2022 Accounts Payable METLIFE $3,887.98 $3,887.98 $0.00 Invoice Date Description Amount
MetLife 2024 SEP 09/01/2024 MetLife Allocation Billing 9/1/24 to 9/30/24 $3,887.98 3400 10/01/2024 Reconciled 10/31/2022 Accounts Payable METLIFE $4,044.44 $4,044.44 $0.00 Invoice Date Description Amount
MetLife 2024 OCT 10/01/2024 MetLife Allocation Billing 10/01/24 to 10/31/24 $4,044.44 3401 11/01/2024 Reconciled 10/31/2022 Accounts Payable METLIFE $3,840.46 $3,840.46 $0.00 Invoice Date Description Amount
MetLife 2024 NOV 11/01/2024 MetLife Allocation Billing 11/01/24 to 11/30/24 $3,840.46 3402 02/03/2025 Reconciled 10/31/2022 Accounts Payable METLIFE $4,420.41 $4,420.41 $0.00 Invoice Date Description Amount
MetLife 2025 Feb 02/01/2025 MetLife Allocation Billing 2/1/25 to 2/28/25 $4,420.41 3403 02/12/2025 Reconciled 10/31/2022 Accounts Payable COLONIAL LIFE $800.88 $800.88 $0.00 Invoice Date Description Amount
76646180102515 02/01/2025 Colonial Allocation Period of 2/01/25 to 2/28/25 $800.88 3404 08/01/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $1,252,924.76 $1,252,924.76 $0.00 Invoice Date Description Amount
2638138 07/23/2024 PFA S-1995A $1,252,924.76
3405 08/01/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $936,680.42 $936,680.42 $0.00 Invoice Date Description Amount
2638142 07/23/2024 PFA S-1995B $936,680.42
3406 08/01/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $915,656.51 $915,656.51 $0.00 Invoice Date Description Amount
2638153 07/23/2024 3rd 95C CAB $915,656.51
3407 08/01/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $172,465.39 $172,465.39 $0.00 Invoice Date Description Amount
2638159a 07/23/2024 Proj No. 3 2007 $172,465.39
3408 08/01/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $128,962.70 $128,962.70 $0.00 Invoice Date Description Amount
2638161 07/23/2024 2015 Spec. Tax Bonds AGY $128,962.70 3409 08/01/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $127,973.17 $127,973.17 $0.00 Invoice Date Description Amount
2638164a 07/23/2024 2015 SPL Tax Bonds Series B $127,973.17 3410 08/01/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $77,344.20 $77,344.20 $0.00 Invoice Date Description Amount
2638169a 07/23/2024 2015 SPL Tax Bonds Series A $77,344.20 user: AP Pages: 3 of 11 Thursday, March 6, 2025
119
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3411 07/24/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
07242024 07/24/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3412 09/04/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
09042024 09/04/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3413 09/25/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
09252024 09/25/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3415 11/19/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
11192024 11/19/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3416 12/17/2024 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $367,071.05 $367,071.05 $0.00 Invoice Date Description Amount
12172024 12/17/2024 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$367,071.05
3417 02/20/2025 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $242,083.33 $242,083.33 $0.00 Invoice Date Description Amount
01202025 01/20/2025 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$242,083.33
3418 02/20/2025 Reconciled 10/31/2022 Accounts Payable US BANK TRUST N.A. $242,083.33 $242,083.33 $0.00 Invoice Date Description Amount
02202025 02/20/2025 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$242,083.33
3419 07/24/2024 Reconciled 10/31/2022 Accounts Payable INDEPENDENT CITIES RISK

MANAGEMENT AUTHORITY
$325.00 $325.00 $0.00
Invoice Date Description Amount
00577516 07/24/2024 Carl Warren & Company - AFF ICRMA $325.00 3420 07/24/2024 Reconciled 10/31/2022 Accounts Payable INDEPENDENT CITIES RISK

MANAGEMENT AUTHORITY
$1,798.13 $1,798.13 $0.00
Invoice Date Description Amount
00577521 07/24/2024 Carl Warren & Company - AFF ICRMA $1,798.13 3421 08/15/2024 Reconciled 10/31/2022 Accounts Payable INDEPENDENT CITIES RISK

MANAGEMENT AUTHORITY
$2,230.00 $2,230.00 $0.00
Invoice Date Description Amount
00609026 08/15/2024 Carl Warren & Company - AFF ICRMA $2,230.00 3422 09/16/2024 Reconciled 10/31/2022 Accounts Payable INDEPENDENT CITIES RISK

MANAGEMENT AUTHORITY
$4,900.00 $4,900.00 $0.00
Invoice Date Description Amount
00644496 09/16/2024 Carl Warren & Company - AFF ICRMA $4,900.00 user: AP Pages: 4 of 11 Thursday, March 6, 2025
120
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3423 12/10/2024 Reconciled 10/31/2022 Accounts Payable INDEPENDENT CITIES RISK

MANAGEMENT AUTHORITY
$37,170.55 $37,170.55 $0.00
Invoice Date Description Amount
00752337 12/10/2024 Carl Warren & Company - AFF ICRMA $37,170.55 3424 02/11/2025 Reconciled 10/31/2022 Accounts Payable SOUTHERN CALIFORNIA EDISON $318.15 $318.15 $0.00 Invoice Date Description Amount
5771-01272025 01/27/2025 Consolidated SCE Bill - Acct. #700164805771 $318.15 3425 02/12/2025 Reconciled 10/31/2022 Accounts Payable SOUTHWEST GAS CORPORATION $2,229.25 $2,229.25 $0.00 Invoice Date Description Amount
4500-01272025 01/27/2025 Consolidated SWG Bill - 01/272025 $2,229.25 3426 11/25/2024 Reconciled 10/31/2022 Accounts Payable PAYMENTUS $6,884.78 $6,884.78 $0.00 Invoice Date Description Amount
INV-15-156141 10/31/2024 Transaction Fees for October 2024 $6,884.78 3427 12/19/2024 Reconciled 10/31/2022 Accounts Payable PAYMENTUS $1,312.10 $1,312.10 $0.00 Invoice Date Description Amount
INV-15-157372 11/30/2024 Transaction Fees for November 2024 $1,312.10 3428 02/20/2025 Reconciled 10/31/2022 Accounts Payable PAYMENTUS $645.29 $645.29 $0.00 Invoice Date Description Amount
INV-15-158935 01/31/2025 Transaction Fees for January 2025 $645.29 3429 11/12/2024 Reconciled 10/31/2022 Accounts Payable PITNEY BOWES, INC. $200.00 $200.00 $0.00 Invoice Date Description Amount
10152024 10/15/2024 Monthly Fees $200.00
3430 12/13/2024 Reconciled 10/31/2022 Accounts Payable PITNEY BOWES, INC. $756.00 $756.00 $0.00 Invoice Date Description Amount
11152024 11/15/2024 Monthly Fees $756.00
3431 02/12/2025 Reconciled 10/31/2022 Accounts Payable PITNEY BOWES, INC. $756.00 $756.00 $0.00 Invoice Date Description Amount
01152025 01/15/2025 Monthly Fees $756.00
3432 01/21/2025 Reconciled 10/31/2022 Accounts Payable PAYMENTUS $259.37 $259.37 $0.00 Invoice Date Description Amount
INV-15-158543 12/31/2024 Transaction Fees for December 2024 $259.37 3433 02/27/2025 Reconciled 02/27/2025 Accounts Payable ANGEL ROCK & SAND $267.52 $267.52 $0.00 Invoice Date Description Amount
33314a 01/15/2025 Decomposed Granite - Mesa Brown DG $267.52 3434 02/27/2025 Reconciled 02/27/2025 Accounts Payable BARSTOW HUMANE SOCIETY $10,300.00 $10,300.00 $0.00 Invoice Date Description Amount
02122025 02/12/2025 Animal Sheltering Fees - January 2025 $10,300.00 3435 02/27/2025 Reconciled 02/27/2025 Accounts Payable BURKE, WILLIAMS & SORENSEN, LLP
$809.50 $809.50 $0.00
Invoice Date Description Amount
336986 02/14/2025 Professional Services Rendered through January 2025 - Billboards
$809.50
3436 02/27/2025 Reconciled 02/27/2025 Accounts Payable CALIFORNIA TOOL & WELDING $103.21 $103.21 $0.00 Invoice Date Description Amount
933467 01/27/2025 Supplies for Maintenance $38.12
user: AP Pages: 5 of 11 Thursday, March 6, 2025
121
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
937969 02/13/2025 Supplies for Maintenance for Parks $65.09 3437 02/27/2025 Reconciled 02/27/2025 Accounts Payable CALLTOWER, INC. $537.04 $537.04 $0.00 Invoice Date Description Amount
202414387 02/25/2025 Webex Portal Services: 02/26/25-03/25/25 $537.04 3438 02/27/2025 Reconciled 02/27/2025 Accounts Payable CORELOGIC SOLUTIONS, LLC. $225.00 $225.00 $0.00 Invoice Date Description Amount
82235688 01/31/2025 RealQuest Online Services - January 2025 $225.00 3439 02/27/2025 Reconciled 02/27/2025 Accounts Payable COUNTY OF SAN BERNARDINO (RECORDER)
$60.00 $60.00 $0.00
Invoice Date Description Amount
25-43889 02/26/2025 County Recording Fee - February 2025 $60.00 3440 02/27/2025 Reconciled 02/27/2025 Accounts Payable CROMMIE, JUDITH $287.20 $287.20 $0.00 Invoice Date Description Amount
02242025 02/24/2025 PERS Healthcare Charge $287.20
3441 02/27/2025 Reconciled 02/27/2025 Accounts Payable ENDURA STEEL dba SMITH

IRONWORKS
$1,805.78 $1,805.78 $0.00
Invoice Date Description Amount
214708 02/25/2025 Supplies for Maintenance for Streets $40.17 206614 01/21/2025 Supplies for Chamberlaine Park $1,765.61 3442 02/27/2025 Reconciled 02/27/2025 Accounts Payable EXECUTIVE ELEVATOR, INC. $186.00 $186.00 $0.00 Invoice Date Description Amount
1081372 02/13/2025 Monthly Elevator Maint. for Sheriffs Station - March 2025
$186.00
3443 02/27/2025 Reconciled 02/27/2025 Accounts Payable FANT, GINGER M. $704.70 $704.70 $0.00 Invoice Date Description Amount
02242025 02/26/2025 PERS Healthcare Charge $704.70
3444 02/27/2025 Reconciled 02/27/2025 Accounts Payable FIELDMAN, ROLAPP & ASSOCIATES, INC.
$757.50 $757.50 $0.00
Invoice Date Description Amount
30283 01/30/2025 CDIAC - SB 1029 Annual Debt Transparency Report $457.50 29794 08/29/2024 Significant Event Notices $300.00
3445 02/27/2025 Reconciled 02/27/2025 Accounts Payable FLYERS ENERGY LLC. $4,728.97 $4,728.97 $0.00 Invoice Date Description Amount
25-279835 01/23/2025 CARB DYED $4,728.97
3446 02/27/2025 Reconciled 02/27/2025 Accounts Payable GARDA WORLD $584.28 $584.28 $0.00 Invoice Date Description Amount
20629708 01/31/2025 Excess Time & Excess Items Fees - January 2025 $584.28 3447 02/27/2025 Reconciled 02/27/2025 Accounts Payable HARBOR FREIGHT TOOLS USA INC.
$1,128.50 $1,128.50 $0.00
Invoice Date Description Amount
074197d7 01/28/2025 Supplies for Maintenance for Streets $1,065.46 e6b1765e 02/04/2025 Supplies for Maintenance for Community Center $63.04 3448 02/27/2025 Reconciled 02/27/2025 Accounts Payable HOME DEPOT CREDIT SERVICES $2,910.16 $2,910.16 $0.00 Invoice Date Description Amount
9520988 01/02/2025 Supplies for Maintenance for Streets $32.56 user: AP Pages: 6 of 11 Thursday, March 6, 2025
122
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
7021158 01/14/2025 Supplies for Maintenance for City Hall $112.09 7971698 01/14/2025 Supplies for Maintenance for Parks $131.35 6902991 01/15/2025 Supplies for Maintenance for City Hall $32.43 6971764 01/15/2025 Supplies for Maintenance for Sewer Plant $222.02 972060 01/21/2025 Supplies for Maintenance for Senior Center $702.70 9512319 01/22/2025 Supplies for Maintenance for Parks $281.47 9972174 01/22/2025 Supplies for Maintenance for Community Center $255.58 8874086 01/23/2025 Supplies for Maintenance for Community Center $639.40 8524177 01/23/2025 Supplies for Maintenance for Streets $70.99 8520556 02/02/2025 Supplies for Maintenance for Public Works $171.83 8534044 02/02/2025 Supplies for Maintenance for Streets $257.74 3449 02/27/2025 Reconciled 02/27/2025 Accounts Payable INFOSEND $4,961.62 $4,961.62 $0.00 Invoice Date Description Amount
281321 02/15/2025 Utility Billing Statements-Processing/Postage $4,961.62 3450 02/27/2025 Reconciled 02/27/2025 Accounts Payable INFRASTRUCTURE ENGINEERS, A

BOWMAN COMPANY
$75,271.30 $75,271.30 $0.00
Invoice Date Description Amount
474755 01/31/2025 1000.03 B&S Support Services - Staff Augmentation - January 2024
$59,370.00
472630 01/15/2025 1000.03 B&S Support Services - Plan Check - 01/01/25-01/15/25
$6,867.84
472991 01/31/2025 1000.03 B&S Support Services - Plan Check - 01/15/25-01/31/25
$9,033.46
3451 02/27/2025 Reconciled 02/27/2025 Accounts Payable JACKSON LEWIS, P.C. $11,301.50 $11,301.50 $0.00 Invoice Date Description Amount
8705064 01/31/2025 Professional Services Rendered through December 2024
$11,301.50
3452 02/27/2025 Reconciled 02/27/2025 Accounts Payable JUSTICE TESTING $800.00 $800.00 $0.00 Invoice Date Description Amount
12416 12/26/2024 Annual AQMD Test $800.00
3453 02/27/2025 Reconciled 02/27/2025 Accounts Payable KEC ENGINEERS, INC. $87,924.20 $87,924.20 $0.00 Invoice Date Description Amount
500293 02/17/2025 Construction Inspection Services - January 2025 $29,550.00 500294 02/15/2025 Plan Check Support Services - November 2024 - February 2025
$58,374.20
3454 02/27/2025 Reconciled 02/27/2025 Accounts Payable KUPKA, GERALD $372.55 $372.55 $0.00 Invoice Date Description Amount
02242025 02/24/2025 PERS Healthcare Charge $372.55
3455 02/27/2025 Reconciled 02/27/2025 Accounts Payable LOCAL EQUITY LLC $20,283.38 $20,283.38 $0.00 Invoice Date Description Amount
02052025 02/05/2025 Expense Reimbursement for January 2025 $783.38 02212025 02/20/2025 Professional Services Rendered through February 2025
$19,500.00
3456 02/27/2025 Reconciled 02/27/2025 Accounts Payable MOJAVE BASIN AREA

WATERMASTER
$23,453.18 $23,453.18 $0.00
Invoice Date Description Amount
02042025 02/04/2025 Water Production for 10/012023-09/30/2024 $23,453.18 user: AP Pages: 7 of 11 Thursday, March 6, 2025
123
Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3457 02/27/2025 Reconciled 02/27/2025 Accounts Payable NAPA AUTO PARTS, INC. $1,127.09 $1,127.09 $0.00 Invoice Date Description Amount
624198 02/04/2025 18MO WTY BAT $427.39
623064 01/27/2025 Blue Def 2.5 Gal $478.28
064176 01/27/2025 Supplies for Maintenance $221.42
3458 02/27/2025 Reconciled 02/27/2025 Accounts Payable OFFICE TEAM - A ROBERT HALF

COMPANY
$2,772.40 $2,772.40 $0.00
Invoice Date Description Amount
64664637 02/19/2025 Professional Services Rendered - 02/10/25-02/13/25 $2,772.40 3459 02/27/2025 Reconciled 02/27/2025 Accounts Payable PERC WATER CORPORATION $148,315.74 $148,315.74 $0.00 Invoice Date Description Amount
6789 02/03/2025 Water Reimbursements - January 2025 $1,499.25 6787 02/03/2025 WTTP Services - March 2025 $67,494.65
6788 02/03/2025 Water utility Services - March 2025 $79,321.84 3460 02/27/2025 Reconciled 02/27/2025 Accounts Payable POTOMAC PARTNERS DC, LLC $7,500.00 $7,500.00 $0.00 Invoice Date Description Amount
19 02/25/2025 Federal Advocacy & Consulting Services - February 2025
$7,500.00
3461 02/27/2025 Reconciled 02/27/2025 Accounts Payable PRICE PAIGE & COMPANY $4,606.00 $4,606.00 $0.00 Invoice Date Description Amount
35109 01/31/2025 RECO City Successor Agency Fund & Prep of 22-23 PPA & 25-26 ROPS
$4,606.00
3462 02/27/2025 Reconciled 02/27/2025 Accounts Payable RUTAN & TUCKER, LLP. $16,238.39 $16,238.39 $0.00 Invoice Date Description Amount
1019124 02/11/2025 Professional Services Rendered through January 2025 - Billboards
$3,306.00
1019122 02/11/2025 Professional Services Rendered through January 2025 $2,175.00 1019123 02/11/2025 Professional Services Rendered through January 2025 $290.00 1019121 02/11/2025 Professional Services Rendered through January 2025 $10,467.39 3463 02/27/2025 Reconciled 02/27/2025 Accounts Payable SAN BERNARDINO COUNTY

INNOVATION AND TECHNOLOGY
$223.04 $223.04 $0.00
Invoice Date Description Amount
30590 01/31/2025 Radio Access & Maintenance - January 2025 $223.04 3464 02/27/2025 Reconciled 02/27/2025 Accounts Payable SOUTHERN CALIFORNIA EDISON $2,028.33 $2,028.33 $0.00 Invoice Date Description Amount
2784-12232024 12/23/2024 Acct. 8001612945 11600 Air Expressway $2,028.33 3465 02/27/2025 Reconciled 02/27/2025 Accounts Payable SPARKLETTS $270.76 $270.76 $0.00 Invoice Date Description Amount
22733495 021425 02/14/2025 Water Deliver Service - February 2025 $270.76 3466 02/27/2025 Reconciled 02/27/2025 Accounts Payable STATE OF CALIFORNIA

DEPARTMENT OF JUSTICE
$731.00 $731.00 $0.00
Invoice Date Description Amount
792526 02/05/2025 January 2025 Services $731.00
3467 02/27/2025 Reconciled 02/27/2025 Accounts Payable THOMAS W. THORNTON $400.00 $400.00 $0.00 Invoice Date Description Amount
02242025 02/24/2025 PERS Healthcare Charge $400.00
user: AP Pages: 8 of 11 Thursday, March 6, 2025
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Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3468 02/27/2025 Reconciled 02/27/2025 Accounts Payable TYPE SET GO $371.74 $371.74 $0.00 Invoice Date Description Amount
16263 02/18/2025 Speaker Cards $371.74
3469 02/27/2025 Reconciled 02/27/2025 Accounts Payable VULCAN $1,056.71 $1,056.71 $0.00 Invoice Date Description Amount
2789377 02/21/2025 Cold Mix Asphalt used on City Streets Maint. $266.70 2789441 02/21/2025 Cold Mix Asphalt used on City Streets Maint. $135.59 2791439 02/21/2025 Cold Mix Asphalt used on City Streets Maint. $394.03 2789926 02/21/2025 Cold Mix Asphalt used on City Streets Maint. $260.39 3470 02/27/2025 Reconciled 02/27/2025 Accounts Payable WATCHFIRE ENTERPRISES, LLC $54.62 $54.62 $0.00 Invoice Date Description Amount
12517589 12/13/2024 Parks - Scoreboard Replacement $54.62 3471 02/27/2025 Reconciled 02/27/2025 Accounts Payable WILLIAMS, CHARLES $295.08 $295.08 $0.00 Invoice Date Description Amount
02242025 02/24/2025 PERS Healthcare Charge $295.08
3472 08/13/2024 Reconciled 10/31/2022 Accounts Payable FIRST NATIONAL BANK OF OMAHA $7,197.71 $7,197.71 $0.00 Invoice Date Description Amount
08062024-6007 08/06/2024 7/7/24-8/6/24 CREDIT CARD ACTIVITY $7,197.71 3473 07/19/2024 Reconciled 10/31/2022 Accounts Payable FIRST NATIONAL BANK OF OMAHA $21,778.33 $21,778.33 $0.00 Invoice Date Description Amount
07082024-6007 07/08/2024 6/5/24-7/8/24 CREDIT CARD ACTIVITY $21,778.33 3474 09/19/2024 Reconciled 10/31/2022 Accounts Payable FIRST NATIONAL BANK OF OMAHA $19,810.10 $19,810.10 $0.00 Invoice Date Description Amount
09052024-6007 09/05/2024 8/6/24-9/6/24 CREDIT CARD ACTIVITY $19,810.10 3475 10/13/2024 Reconciled 10/31/2022 Accounts Payable FIRST NATIONAL BANK OF OMAHA $13,015.56 $13,015.56 $0.00 Invoice Date Description Amount
10072024-6007 10/07/2024 09/6/24-10/7/24 CREDIT CARD ACTIVITY $13,015.56 3476 11/13/2024 Reconciled 10/31/2022 Accounts Payable FIRST NATIONAL BANK OF OMAHA $13,434.55 $13,434.55 $0.00 Invoice Date Description Amount
11062024-6007 11/06/2024 10/8/24-11/6/24 CREDIT CARD ACTIVITY $13,434.55 3477 03/04/2025 Reconciled 03/04/2025 Accounts Payable AAA TIRE SHOP $11,026.30 $11,026.30 $0.00 Invoice Date Description Amount
1053 02/26/2025 Instrument Cluster $1,510.50
1051 02/25/2025 BOBCAT Maintenance $4,057.92
1052 02/25/2025 Vehicle Maintenance for Code Enforcement $3,445.63 1040 02/19/2025 Vehicle Maintenance for Streets $159.33 1043 02/21/2025 John Deere Hydraulic Pressure Hoses $1,129.90 1004 01/28/2025 Engine Oil Change $143.92
1003 01/28/2025 Engine Oil Change and Brake Pads Replacement $579.10 3478 03/04/2025 Reconciled 03/04/2025 Accounts Payable ALBERT A WEBB ASSOCIATES $11,659.95 $11,659.95 $0.00 Invoice Date Description Amount
ARIV0007029 01/25/2025 Auburn Avenue Sewer Main Design - 12/29/24- 01/25/25
$1,293.00
ARIV0007088 01/25/2025 Emerald Rd. Water Pipeline - 12/29/24-01/25/25 $401.25 ARIV0007051 01/25/2025 Hydraulic Modeling - 12/29/25-01/25/25 $9,965.70 user: AP Pages: 9 of 11 Thursday, March 6, 2025
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Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3479 03/04/2025 Reconciled 03/04/2025 Accounts Payable AVCO DISPOSAL, INC. $2,674.07 $2,674.07 $0.00 Invoice Date Description Amount
N065486519 03/01/2025 19101 Jonathan St - March 2025 $1,109.63 N065486560 03/01/2025 11600 Air Expressway - March 2025 $1,564.44 3480 03/04/2025 Reconciled 03/04/2025 Accounts Payable GARDA WORLD $954.28 $954.28 $0.00 Invoice Date Description Amount
10810915 03/01/2025 Armored Services - March 2025 $954.28 3481 03/04/2025 Reconciled 03/04/2025 Accounts Payable HIGH DESERT UNDERGROUND, INC.
$1,069,383.65 $1,069,383.65 $0.00
Invoice Date Description Amount
J2024-44-04 02/20/2025 Adelanto Rd Water Main Improvement Project $1,069,383.65 3482 03/04/2025 Reconciled 03/04/2025 Accounts Payable HORIZON CONSTRUCTION

COMPANY INTERNATIONAL INC
$150,545.61 $150,545.61 $0.00
Invoice Date Description Amount
9 02/19/2025 Jonathan & Chamberlaine Park $150,545.61
3483 03/04/2025 Reconciled 03/04/2025 Accounts Payable JOSE ATILIO HERNANDEZ/IDEATE

CALIFORNIA
$7,500.00 $7,500.00 $0.00
Invoice Date Description Amount
2121 02/28/2025 Services Rendered - February 2025 $7,500.00 3484 03/04/2025 Reconciled 03/04/2025 Accounts Payable MOBILE OCCUPATIONAL SERVICES, INC.
$45.00 $45.00 $0.00
Invoice Date Description Amount
100688 02/27/2025 Pre-Employment - Non-DOT $45.00
3485 03/04/2025 Reconciled 03/04/2025 Accounts Payable MOJAVE WATER AGENCY $44,710.00 $44,710.00 $0.00 Invoice Date Description Amount
01142025 01/14/2025 Water Purchase from - 11/30/2024-12/31/2024 $24,480.00 02132025 02/13/2025 Water Purchase from - 12/31/2024-01/31/2025 $20,230.00 3486 03/04/2025 Reconciled 03/04/2025 Accounts Payable ROGERS, ANDERSON, MALODY &

SCOTT LLP
$44,741.50 $44,741.50 $0.00
Invoice Date Description Amount
76814 01/31/2025 Professional Services Rendered through January 2025 $44,741.50 3487 03/04/2025 Reconciled 03/04/2025 Accounts Payable S CHRISTENSEN ENGINEERING, INC
$15,978.96 $15,978.96 $0.00
Invoice Date Description Amount
054 12/20/2024 18196 Long Side Service Leak $15,978.96
3488 03/04/2025 Reconciled 03/04/2025 Accounts Payable SHRED-IT USA LLC $163.28 $163.28 $0.00 Invoice Date Description Amount
8009873592 02/18/2025 Shredding Services - February 2025 $163.28 3489 03/04/2025 Reconciled 03/04/2025 Accounts Payable STAPLES ADVANTAGE $255.44 $255.44 $0.00 Invoice Date Description Amount
6025956140 03/01/2025 Office Supplies for Water Dept. $251.80 6025956139 03/01/2025 Office Supplies for Water Dept. $3.64 3490 03/04/2025 Reconciled 03/04/2025 Accounts Payable WELLS FARGO FINANCIAL LEASING, INC.
$3,612.77 $3,612.77 $0.00
Invoice Date Description Amount
5033443237 02/26/2025 Lease: Coverage Period 02/27/25-03/26/25 $3,612.77 user: AP Pages: 10 of 11 Thursday, March 6, 2025
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Payment Register
City of Adelanto
From Payment Date: 3/7/2000 - To Payment Date: 3/6/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
3491 03/04/2025 Reconciled 03/04/2025 Accounts Payable WOOD RODGERS INC $29,727.54 $29,727.54 $0.00 Invoice Date Description Amount
189640 01/31/2025 Adelanto Groundwater Production Well - January 2025 $29,727.54 Type EFT Totals: 118 Transactions $13,865,523.20 $13,865,523.20 $0.00 04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 118 $13,865,523.20 $13,865,523.20
Voided 0 $0.00 $0.00
Total 118 $13,865,523.20 $13,865,523.20
All Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 118 $13,865,523.20 $13,865,523.20
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 118 $13,865,523.20 $13,865,523.20
Grand Totals:

EFTs Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 118 $13,865,523.20 $13,865,523.20
Voided 0 $0.00 $0.00
Total 118 $13,865,523.20 $13,865,523.20
All Status Count Transaction Amount Reconciled Amount
Open 0 $0.00 $0.00
Reconciled 118 $13,865,523.20 $13,865,523.20
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 118 $13,865,523.20 $13,865,523.20
user: AP Pages: 11 of 11 Thursday, March 6, 2025
127

ADELANTO PUBLIC UTILITY AUTHORITY
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: 3/12/2025
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: ADELANTO WWTP PROCESS IMPROVEMENT PLAN
STAFF RECOMMENDATION:

Staff recommends City Council to approve the award of the construction contract agreement with PERC Water Corporation in the amount of $2,432,556.65 as the lowest bid pursuant to Public Contract Code Section 20103.8 (c). This project generally consists of supply, installation and commissioning of new materials and equipment to optimize the City of Adelanto WWTP to go from 3 million gallon to approximately 3.8 million gallons.

BACKGROUND:

The Adelanto Wastewater Treat Facility is currently at a 3-million-gallon compacity. With the current and future growth of housing and industrial development, the Engineering Department has concluded on optimizing the WWTP to meet sewer demands. With the design completed and RFP published on December 19, 2024, and closed on February 11,2025, the City of Adelanto has received four bids with PERC Water Corporation being the lowest.

PERC Water Corporation $2,432,556.65
R2Build $2,596,900.00
MMC Inc. $2,980,000.00
Caliagua Inc. $3,056,000.00
HPS Mechanical $3,304,000.00
FISCAL IMPACT:

The funds will be paid for by the APUA, with no impact on the General Fund. The Adelanto WWTP Process Improvement Plan price comes out to be $2,432,556.65 ATTACHMENTS:

A. 4 Bid Proposals
B. Contract
C. Bid Package
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2512/026150-0001
19521958.1 a02/25/25

ADELANTO PUBLIC UTILITY AUTHORITY
(APUA)

CONTRACT SERVICES AGREEMENT
Adelanto WWTP Process Improvement Plan
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this ___12___ day of ___March___, 2025 by and between the Adelanto Public Utility Authority, a California municipal corporation, (“City”) and PERC Water Corperation a Class A Company (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”).

Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin on March 12, 2025 Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor 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, and is experienced in performing the Services contemplated 298
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herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or moreThat of similar companies working in similar area, and to the sole satisfaction of the - Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any 299
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portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. 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 work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its resonable discretion, at any time during the term of this Agreement, desires the reassignment any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of 300
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Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (I) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum which includes Bid of not to exceed TWO MILLION, FOUR HUNDRED THIRTY THOUSAND, FIVE HUNDRED 301
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FIFTY-SIX DOLLARS AND SIXTY FIVE CENTS ($2,432,556.65) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (I) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:
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City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments 303
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received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
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3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractorshall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this 305
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

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

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in 306
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an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. 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 Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.

Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: Adelanto WWTP Process Improvement Plan.
a. . The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be 309
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secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).

4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in 310
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part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.

The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein 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.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 311
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SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code 312
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Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.

Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (I) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, 313
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or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to 314
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City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (I) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. 315
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Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall 317
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be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), 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 City, for a period of three (3) years after final payment under this Agreement.

9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, 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 Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees 318
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awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.5 No Implied Waiver of Breach. 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 or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Nate Owen President
Joe Winkler Senior Project Manager
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Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Richard Burgess, Engineering Services Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

PERC Water Corperation
Attn: Nate Owen
17520 Newhope Street, Suite 180
Fountain Valley, CA 92708
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Richard Burgess, Engineering Services Manager
with a copy to:

City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
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10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (I) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
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10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include Adelanto WWTP Process Improvement Plan services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed TWO MILLION, FOUR HUNDRED THIRTY

THOUSAND, FIVE HUNDRED FIFTY SIX DOLLARS AND SIXTY FIVE CENTS ($2,432,556.65) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
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Table of Contents
Adelanto WWTP Process Improvement Plan
PROJECT NO. CIP 2024-09

NOTICE INVITING BIDS

INSTRUCTION TO BIDDERS
SECTION A – Bid Proposal
SECTION B – Sample Contract
SECTION C – General Requirements
SECTION D – General and Special Provisions
APPENDIX “A” – (TECHNICAL SPECIFICATIONS)
APPENDIX “B” – (STANDARD PLANS)
APPENDIX “C” – (SEWER BYPASS PLAN)
APPENDIX “D” – (CITY PRE-PURCHASED EQUIPMENT)

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NOTICE INVITING BIDS – ADELANTO WWTP PROCESS IMPROVEMENT PLAN

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Adelanto City CouncilMarch 12, 2025

Adelanto City Council
March 12, 2025