Agenda — Adelanto City Council, July 30, 2025

AGENDA

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
July 30, 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
Open Session: 12:00 p.m.

City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence.

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
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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: July 30, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
Dr. Gil Keinan, Economic Development Consultant
SUBJECT: RESOLUTION 25-47 OF THE CITY COUNCIL OF THE CITY OF

ADELANTO AUTHORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENTS TO APPLY FOR HOMEKEY+ FUNDING FOR THE
DEVELOPMENT UNBREAKABLE HEIGHTS, A 132 UNIT PERMANENT

SUPPORTIVE HOUSING DEVELOPMENT FOR YOUTH AND VETERANS
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to coapply for Homekey+ funds for Unbreakable Heights, a 132-unit supportive housing development in Adelanto.

BACKGROUND:

This item was previously discussed and approved at the April 23, 2025, Council meeting. The state requested the following items be amended in the resolution, which was completed in the attached:
1) Removed ‘The’ before the ‘City of Adelanto’
2) Added the co-applicant ‘Simple Solutions Family Therapy’ to mirror the grant application language
3) Updated language on authorized signatory
ANALYSIS:

No changes from the previously approved agenda item.

FISCAL IMPACT:

No changes from the previously approved agenda item.

ATTACHMENTS:

1. Resolution 25-19 (original resolution and staff report)

2. Updated resolution 25-47
8 RESOLUTION NO. 25-47

A RESOLUTION OF THE CITY COUNCIL OF CITY OF ADELANTO, COUNTY OF

SAN BERNARDINO, CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY+ PROGRAM
WHEREAS, The Department of Housing and Community Development (“HCD”) has issued a Notice of Funding Availability, amendment date of January 31, 2025 (“NOFA”), for the Homekey+ Program (“Homekey+” or “Program”). HCD has issued the NOFA for Homekey+ grantfunds pursuant to Health and SafetyCode Section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); Health and Safety Code Section 50675.1.5 (Assem. Bill No. 531 (2023-2024 Reg. Sess.); Section 14184.402 of the Welfare and Institutions Code; Section 5891.5 of the Welfare and Institutions Code; and Round 5 and 6 of the Homeless Housing, Assistance and Prevention (HHAP) grant program. (Assem. Bill No. 129 (Chapter 40, Statutes 2023) and Assem. Bill No. 166 (Chapter 48, Statutes 2024), respectively: and
WHEREAS, City of Adelanto (“Applicant”) desires to jointly apply for Homekey+ grant funds with Harvest Realty, LLC and Simple Solutions Family Therapy Inc., Therefore, Applicant is joining Harvest Realty, LLC and Simple Solutions Family Therapy Inc. in the submittal of an application for Homekey+ funds (“Application”) to HCD for review and consideration. Simple Solutions Family Therapy Inc.

WHEREAS, HCD is authorized to administer Homekey+ pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code. Homekey+ funding allocations are subject to the terms and conditions of the NOFA, the Application, the HCD-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey+ Program.

NOW, THEREFORE, THE CITY COUNCIL OF CITY
OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

1. Applicant is hereby authorized and directed to submit a joint Application to HCD in response to the NOFA, and to jointly apply for Homekey+ grant funds in a total amount not to exceed $35,000,000.

2. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $35,000,000 any and all other documents required or deemed necessary or appropriate to secure the Homekey+ funds from HCD and to participate in the Homekey+ Program, and all amendments thereto (collectively, the “Homekey+ Documents”).

3. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all 9 activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

4. City Manager Jessie Flores is authorized to execute the Application and the Homekey+ Documents on behalf of Applicant for participation in the Homekey+ Program.

PASSED, APPROVED AND ADOPTED this 30 day of July, 2025.

Gabriel Reyes, Mayor
Brenda Lopez, City Clerk
10 Resolution No. 25-47

Page 3 ends

I, Brenda Lopez, City Clerk of City of Adelanto, California, do hereby certify that the foregoing Resolution No. 25-47 was duly and regularly adopted at a regular meeting of the City Council of City of Adelanto on this 30 day of July, 2025 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of City of Adelanto on the 30 day of July, 2025.

Brenda Lopez, City Clerk
11 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: July 30, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: AUTHORIZING A NOT TO EXCEED (NTE) BUDGET FOR FP-5 FIRE

DISTRICT ANNEXATION
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the proposed budget proposal with Local Equity LLC authorizing the City Manager to approve expenses related to the annexation of the City into FP-5.

BACKGROUND:

The FP-5 Service Zone is a special-tax assessment area managed by the San Bernardino County Fire Protection District. It was originally created in 2006 for Helendale and Silver Lakes, and later enlarged to cover cities such as San Bernardino, Twentynine Palms, Needles, and Upland, as well as large portions of unincorporated county land.

The City of Adelanto started the incorporation process passing resolution 19-31 in 2019, thereafter amending such resolution to 21-23 in 2021. Additionally, San Bernardino County board of supervisors passed ordinance 2022-147 in support of the city’s application to annex into the district.

The City of Adelanto could not proceed with the annexation process given the delays with the financial audit. Given recent progress and success, staff has successfully agreed to progress with the application in collaboration with LAFCO and Fire District Management.

ANALYSIS:

The following budget is proposed as a “not to exceed” (NTE) for the city’s approval. Line items and amounts may shift to indicate the total city purchase.
- LAFCO Application Fees: $45,000
- Board of Equalization Certificates: $6,500
- County Filing and Processing Fees: $17,500
- Data from County Surveyor and title companies, mailing fees for notices: $14,500 - Legal advice estimates: $12,000
- Surveyor new legal description, creation of digital maps in ArcGIS/other digital tools for compliance: $15,050
- Project Management: $3000/month estimated at 18 months; $54,000 TOTAL: $164,550
12 FISCAL IMPACT:

Costs will be carried by the city’s general fund and by the Adelanto Public Utility Authority in a 50/50 split.

ATTACHMENTS:

1. City Resolution 21-23

2. County Resolution 2022-147

3. Project management estimate and detail
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Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation

SERVICES PROPOSAL
Opportunity Zone Investment Ecosystem Support

CITY OF ADELANTO
Date of Submission: July 29, 2025
Contact Information of Affiliated Members:

Cindy Koifman
603 N Euclid Ave, Ontario, CA 91762
213-373-1353
[email protected]
Gil Keinan
603 N Euclid Ave, Ontario, CA 91762
415-215-3667
[email protected]
Disclaimers & Confidentiality. All figures are estimated as of Sept 24th , 2021. This presentation has been prepared by Local Equity LLC, a Broker/Lender registered with California Department of Financial Protection and Innovation (together with its affiliates and their respective employees, agents, directors, and officers, collectively, “Local Equity”) on the basis of information obtained from conversations and publicly available data (collectively, the “Proposal”). Local Equity does not represent to undertake any duty to update the information or gives any representation, warranty or guarantee, whether express or implied, that the information contained in this presentation or otherwise supplied to the recipient, at any time by or on behalf of Local Equity whether in writing or not, relating to the opportunity discussed herein is complete or accurate or that it has been or will be audited or independently verified, or that reasonable care has been taken in compiling, preparing or furnishing the information. This proposal is not intended to be exhaustive and, in particular, may not contain disclosure of all of the risks associated with the opportunity; potential investors must perform their own examination and inspection of the opportunity and information relating to same, and shall rely solely on such examination and investigation and not on this presentation or any materials, statements or information contained herein or otherwise provided. All of the statements in this presentation represent the beliefs and opinions of Local Equity as of the date hereof, should not be relied upon as statements of fact and may constitute forwardlooking statements that are not historical facts. These forward-looking statements include statements, express or implied, regarding the current expectations, opinions and beliefs of Local Equity, as well as the assumptions on which those statements are based. Words such as “believes,” “estimates,” “expects,” “endeavors,” “anticipates,” “intends,” “plans,” “targets,” “should” and “objective” and variations of such words and similar words also identify forward-looking statements. Such statements are forward-looking in nature and involve a number of known and unknown risks, uncertainties and other factors, including those described in this memorandum. Any forward-looking statement, including any target return, contained in this proposal are not a guaranty, assurance or representation by Local Equity as to future matters and nothing contained herein should be relied upon as a guaranty, assurance or representation as to future matters.
25 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation
Organization/Company Profile
Local Equity LLC is an economic development organization based in Ontario’s Opportunity Zone, San Bernardino County. The mission of the company is to advance distressed communities by finding financial solutions to priority projects that are supported by local stakeholders. Local Equity is also a registered California Finance Lender, registered with the California Department of Financial Protection and Innovation. We help create financing solutions and provide tools & technical support to advance deals & priority projects in areas of community development, healthcare equity, food access, affordable housing, and infrastructure. By partnering with local government, CDEs, CDFIs, and local non-profits, Local Equity catalyzes local impact, influences sustainable development, and strives to create a supporting ecosystem for the lowincome communities of San Bernardino. Dr. Gil Keinan, Managing Director of Local Equity, works on Opportunity Zone development & is a real estate development, finance, and management professional. His hands-on operational insights, and verified track record of value creation, allowed him to lead complicated debt, Private Equity, and REIT deals to successful exits. Dr. Keinan spearheaded the Opportunity Zone strategy and marketplace on behalf of the County of San Bernardino, and continues to work with various cities to increase investment.

The company is engaged in

1. Technical Assistance:
a. Webinars (see link)
b. 100s of individual sessions.
c. Creation of marketing materials for investment in San Bernardino County & cities d. Supporting a few cities hands-on with investor OZ requests.

2. Pipeline:
a. Community Centers (two)
b. Food incubators (San Bernardino and Fresno)
c. Workforce housing & multifamily housing
d. Medical facility
e. Cannabis
Memberships and participation:
- Neighborhood Housing Services of Inland Empire (Board Seat) - Small Business Financial Development Corporation of Orange County (Board Seat) - The California Association for Local Economic Development (CalED) - Urban Land Institute
- Board of Neighborhood Housing Services of Inland Empire - Inland Empire Growth and Opportunity (IEGO)
- Black and Brown Economic Empowerment Partnership (BEEP) - California Opportunity Zone Association (CalOZ)
- The American Real Estate Society (ARES)
- Hospitality Asset Managers Association (HAMA)
Project Description and Objectives
The City of Adelanto is looking to annex into the FP-5 San Bernardino Fire District. Local Equity proposes to manage vendors to advance the project.
26 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation
Engagement Letter for Advisory Services
Client: City of Adelanto
Client Point Person: Jessie Flores
Client Contact Details: [email protected]
Proposal Date and Version: July 29, 2025
Intended Use and User: Client; Project Support
Engagement Objective: City Technical Assistance
Term: 12 months
Scope: See Exhibit A
Conditions and Limitations: See Exhibit B
Payment Terms & Timing: See Exhibit C
Retainer Invoice: See Exhibit D
References: See Exhibit E
Submitted by: Gil Keinan, Local Equity LLC
Date: July 29, 2025
Note: The individual signing this agreement attests that he/she has the authority to legally bind the entity stated above which will be the client of this service.

Agreed and Accepted By:
(Signature)
(Signatory Name & Title)
(Entity Contracting This Service)
(Date)
Countersigned by Local Equity
(Signature)
Dr. Gil Keinan
(Signatory Name & Title)
Local Equity LLC
(Entity Contracting This Service)
(Date)
27 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation
Exhibit A: Work Scope & Timing
The FP-5 Service Zone is a special-tax assessment area managed by the San Bernardino County Fire Protection District. It was originally created in 2006 for Helendale and Silver Lakes, and later enlarged to cover cities such as San Bernardino, Twentynine Palms, Needles, and Upland, as well as large portions of unincorporated county land.

The following budget is proposed as a “not to exceed” (NTE) for the city’s approval. Line items and amounts may shift and are estimated.
- LAFCO Application Fees: $45,000
- Board of Equalization Certificates: $6,500
- County Filing and Processing Fees: $17,500
- Data from County Surveyor and title companies, mailing fees for notices: $14,500 - Legal advice estimates: $12,000
- Surveyor new legal description, creation of digital maps in ArcGIS/other digital tools for compliance: $15,050
- Project Management: $3000/month estimated at 18 months; $54,000 28 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation
Exhibit B: Limitations of Liability, Termination, and Other Terms

1. Local Equity LLC written reports, and/or presentations summarizing findings, are to be used in whole and not in part.

2. None of this material may be reproduced in any form without our written permission, and the conclusions or results of our analysis may not be disseminated to the public through advertising, public relations, news, sales, or other media.

3. We are not required to give testimony or attendance in court by reason of this analysis without previous arrangements, and only when our standard per-diem fees and travel costs are paid prior to the appearance.

4. If the reader is not the client, and they are making a fiduciary or individual investment decision, they need to perform their own due diligence and should not rely on this report, as they have no client relationship with Local Equity LLC, nor does Local Equity LLC have any fiduciary relationship with them.

5. We take no responsibility for any events or circumstances that take place subsequent to either the report date, date of value or the date of our field inspection, whichever occurs first.

6. Any distribution of the total value between the land and improvements or between partial ownership interests, if such distributions are contained in our reports, apply only under the stated use. Moreover, separate allocations between components are not valid if reports are used in conjunction with any other analysis.

7. Local Equity LLC personnel are NOT financial advisors, NOT licensed brokers, NOT professional accountants, NOT appraisal professionals or certified by financial governing bodies hence our report was NOT prepared in accordance with the requirements of the Financial Institution Reform, Recovery, and Enforcement Act (FIRREA) and the Uniform Standards of Professional Appraisal Practice (USPAP), as provided by the Appraisal Foundation. We will make every effort to incorporate the Generally Acceptable Accounting Principles (commonly referred to as “GAAP”), where appropriate.

8. No explicit or implicit Warranties or Representations or Promises were made regarding any outcome or timing of the client’s financing requirements. Local Equity LLC personnel can NOT market the client’s mortgage loan requirements without the required licenses.

9. We have made no survey of the property, and we assume no responsibility in connection with such matters. Sketches, photographs, maps, and other exhibits are included to assist the reader in visualizing the property. It is assumed that the use of the described real estate is within the boundaries of the property described, and that there is no encroachment unless noted.

10. All information, financial operating statements, estimates, and opinions obtained from parties not employed by Local Equity LLC are assumed to be true and correct. We assume no liability resulting from misinformation.

11. It is agreed that our liability to the client is limited to the amount of the monthly fee paid to us by the client. Our responsibility is limited to the client, and use of our materials by third parties shall be solely at the risk of the client and/or third parties.

11. Although our analysis typically employs various mathematical calculations to provide value indications, the final estimate is subjective and may be influenced by our experience and other factors not specifically set forth in this report.

12. Our materials are prepared by Local Equity LLC. All opinions, recommendations, and conclusions expressed during the course of this assignment are rendered by the staff of Local Equity LLC, acting as employees and not as individuals.

13. It is agreed that our liability to the client is limited to the amount of the fee paid as liquidated damages. Our responsibility is limited to the client, and use of this report by third parties shall be solely at the risk of the client and/or third parties.

14. The quality of a facility’s on-site management has a direct effect on a property’s economic viability and value. The financial forecasts presented in an analysis, if any, assume responsible ownership and competent management. Any departure from this assumption may have a significant impact on the projected operating results and concluded value estimates.

15. The financial analysis presented in our reports are based upon assumptions, estimates, and evaluations of the market conditions in the local, regional and national economies, which may be subject to sharp rises and declines. Over the projection period considered in our analysis, wages and other operating expenses may increase or decrease due to market volatility and economic forces outside the control of the management. We assume that the price of rents will be adjusted to offset any increases or decreases in related costs. We do not warrant that our estimates will be attained, but they have been developed on the basis of information obtained during the course of our market research and are intended to reflect the expectations of a typical buyer.

16. Many of the figures presented in our reports were generated using Microsoft Office Excel and other financial software that executes calculations based on numbers carried out to three or more decimal places. In the interest of simplicity, most numbers have been rounded to the nearest tenth of a percent. Thus, these figures may be subject to small rounding errors.

17. Nothing in this contract will create a contractual relationship between Local Equity LLC or Client and any third party, or any cause of action in favor of any third party. This engagement letter will not be construed to render any person or entity a third party beneficiary of this agreement, including, but not limited to, any third parties identified herein.

18. Client may not assign this contract to a third party without the express written consent of Local Equity LLC which may be withheld at the sole discretion of Local Equity LLC. In the event Local Equity LLC agrees to an assignment, this contract will be binding on the assignee.
29 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation

19. This Agreement shall commence as of the date of the last signature affixed hereto, and shall continue thereafter until terminated in writing by the Client or by Local Equity LLC in accordance with the Termination section below.

20. Term: The term of this agreement is 5 months, effective on the date of execution. This agreement may be extended in writing by the client.

21. Termination: This Agreement may be terminated by either party upon not less than thirty (30) days’ written notice should the other party materially breach this Agreement through no fault of the party initiating the termination and such breach is incapable of cure, or the defaulting party does not cure such breach within fifteen (15) days after receipt of written notice of such breach (“Termination for Cause”). Client may terminate this Agreement or any portion of the Services, with or without cause, without liability except for the required payment of Services rendered and reimbursement for authorized expenses incurred prior to the termination date, by providing sixty (60) days’ written notice (“Termination for Convenience”). In the event of a Termination for Cause or Convenience, Local Equity LLC shall be compensated by the Client for all Services performed prior to termination, together with all authorized reimbursable expenses and consultant fees as applicable for Services performed by that date.

Notwithstanding the foregoing or anything else to the contrary, the Client may require Local Equity LLC to cease any or all services at any time and for any period by providing written notice.

22. Indemnification: Client agrees to indemnify, defend and hold the Local Equity LLC, its affiliates and its respective officers, directors, employees, contractors and agents (the “Indemnified Party”) harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, on account of any damages or losses to property or persons, or economic losses, as well as any reasonable attorneys’ fees and costs of litigation (collectively, “Damages”) arising out of or resulting from any claim by a third party, based on (1) the Indemnifying Party’s willful misconduct or gross negligence, (2) the performance or non-performance of the Indemnifying’s Party’s obligations under this Agreement, (3) the performance or non-performance of the Indemnified Party’s obligations under this Agreement, or (4) the Indemnifying Party’s breach of any applicable law.

23. It is our intent to create long term engagements that are mutually beneficial. Please call us at any point if you ever have any concern
30 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation
Exhibit C: Payment Terms & Timing

1. Work will commence with acceptance of the signed engagement letter and receipt of the retainer amount.

2. Professional Fees: US$ 3,000 per month.

3. No Travel and related expenses will be needed

4. Additional Expenses: The client will not be responsible for any fees, in excess of those detailed unless client provides written (e-mail) authorization prior to expense being incurred.

5. Timing: Deliver of the work product depends on client collaboration.

6. Payment must be made in U.S. dollars, net of any local withholding taxes, using either a check drawn on a U.S. bank or a wire transfer of funds to the account of Local Equity LLC

7. If payment for our fees and/or reimbursable expenses is not received in accordance with the terms noted in this Exhibit, Local Equity LLC reserves the right to suspend all work until payment is made and apply a service charge of 1.5 percent per month or fraction thereof to the total unpaid sum. It is further agreed that in the event any type of action becomes necessary to enforce collection of bills rendered, the prevailing party will be responsible for all collection costs, including but not limited to court costs and reasonable legal fees. It is understood that Local Equity LLC may extend the time for payment on any part of billings rendered without affecting the understanding outlined above.

8. The parties to this contract agree that any disputes regarding professional fees and/or reimbursable charges owed to Local Equity LLC will be resolved in accordance with California law. The parties to this contract further agree that a) any legal action regarding money owed to Local Equity LLC will take place in California; b) California courts have exclusive jurisdiction for resolution of disputes; and c) Local Equity LLC will have the choice of venue in any county in the State of California. The undersigned parties to this contract expressly agree to waive their rights to request a trial by jury arising out of any dispute between the parties related to this contract.

9. Local Equity LLC services not covered in this contract include depositions of Local Equity LLC personnel, or testimony of said personnel before a judicial, arbitration, or administrative tribunal, or any preparations associated with such testimony. Unless otherwise stated in this contract, Client agrees that the Local Equity LLC services pursuant to this contract shall not include Local Equity LLC personnel participation in, or preparation for, whether voluntary or pursuant to subpoena, any oral or written discovery, sworn testimony in a judicial, arbitration, or administrative proceeding; or attendance at any judicial, arbitration, or administrative proceeding relating to this assignment.
31 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • www.localequity.com • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation
Exhibit D: Retainer Fee Invoice
Local Equity LLC
603 N Euclid Ave
Ontario, CA 91762 US
[email protected]
https://www.localequity.com

INVOICE

BILL TO
Accounts Payable INVOICE #: 72825
Accounting Department DATE: 7/29/25
Delivered by email to [email protected] DUE DATE: Immediate

ACTIVITY DESCRIPTION QTY RATE AMOUNT
FP-5 Project Management RETAINER 1 $3,000 $3,000
City of Adelanto
Wire Instructions: BALANCE DUE $3,000
Thank you for your Business!
32 Local Equity • 603 N Euclid Ave • Ontario, CA 91762 • [email protected] • www.localequity.com • 213.373.1353 CITY OF ADELANTO – FP5 LAFCO Annexation
Exhibit E: Work References
City of Ontario Economic Development
John P Andrews
[email protected]
County of San Bernardino Economic Development
Soua Vang
[email protected]
Governor’s Office of Business and Economic Development (GoBiz) Matthew Mena
[email protected]
City of Fresno Economic Development
Clair Whitmer
[email protected]
Housing Authority of the County of San Bernardino
Evan Miles
[email protected]
City of Barstow Economic Development
Amanda Hernandez
[email protected]
Neighborhood Housing Services of Inland Empire
Felicia Brown Smith
[email protected]
Milken Institute
Matt Horton
[email protected]
Accelerator for America
Aaron Thomas
[email protected]
Additional references available upon request.
33 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: July 30, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: RESOLUTION APPROVING THE APPLICATION FOR THE LAND AND WATER

CONSERVATION FUND FOOTBALL FIELD AT MARCONI PARK PROJECT STAFF RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 25-48 approving the application for the Land and Water Conservation Fund Football Field at Marconi Park Project. .

BACKGROUND:

The Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes.

The California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program.

The City Council needs to certify by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

Staff recommends that the City Council approve Resolution No. 25-48 approving the application for the Land and Water Conservation Fund Football Field at Marconi Park Project.

FISCAL IMPACT:

There is no fiscal impact to General fund associated with this action. The applicant will pay for any cost incurred in the process.

ATTACHMENTS:

A. Council Resolution No. 25-48
34 RESOLUTION NO. 25-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF

SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND

AND WATER CONSERVATION FUND FOOTBALL FIELD AT MARCONI PARK

PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed; Football Field At Marconi Park; and

2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location”; and

4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and

6. Appoints the Jessie Flores, City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
35 Resolution No. 25-25-48

Page 2 ends

PASSED, APPROVED AND ADOPTED this 23 day of July, 2025. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
36 Resolution No. 25-48

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 25-48 was duly and regularly adopted at a special meeting of the City Council of the City of Adelanto on this 30th day of July 2025 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 23 day of July, 2025.
______________________________
Brenda Lopez, City Clerk
37 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: July 30, 2025
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
SUBJECT: Professional Service Agreement for Contract Operation of the City’s Potable Water Distribution System
STAFF RECOMMENDATION:

Staff recommends the Adelanto Public Utility Authority approve the award of a Professional Service Agreement (PSA) with Woodard & Curran, Inc. in the amount of $1,028,236 for FY 2025/2026 for Contract Operation of the City’s Potable Water Distribution System and authorize the Executive Director to sign the agreement on behalf of the Adelanto Public Utility Authority.

BACKGROUND:

The Adelanto Public Utility Authority (APUA) is charged with providing safe, good quality, uninterrupted water at a reasonable pressure, to meet health and fire protection needs to its area of influence within the City of Adelanto. The APUA must operate and maintain the water utility system in accordance with the City of Adelanto’s ordinances and policies, State of California standards, and the Environmental Protection Agency’s Safe Drinking Water Act.

The Department provides water service and wastewater service to approximately 11 thousand residential and business connections. APUA obtains its water supply from local groundwater in the Mojave River Groundwater Basin, commonly referred to as the Mojave Basin Area as well as it’s interconnection with the Mojave Water Agency R3 and emergency standby connection with Victorville.

APUA‘s water distribution system comprising of but not limited to pipelines, mainline valves, air valves, Fire Hydrants, blow offs, control valves, etc. need to be maintained for the proper water distribution to the community. APUA has been managed by a third party contract, which recently reached expiration.

DISCUSSION:

April 10, 2025, a Request for Proposals (RFP) for the operation service was released and made publicly available on the electronic plan room and City’s website. On June 10, 2025, three (3) proposals were received as follows:

No. Firm Location
1 Woodard & Curran, Inc. Los Angeles
2 WaterWorkForce, Inc. Yucaipa
3 Perc Water Fountain Valley
38 The proposals were reviewed by a panel of staff members using the City’s standard rating system requirements of the RFP. Panel conducted interviews with all companies to have a better understanding of the system. It was determined that the proposal submitted by Woodard & Curran, Inc. met the requirements of the RFP. Woodard & Curran, Inc. has extensive experience and successfully completed similar projects for numerous cities nationwide. The panel determined Woodard & Curran, Inc. demonstrated the capability to provide services for Contract Operation of the City’s Potable Water.

Staff recommends the City Council approve the award of a Professional Service Agreement (PSA) with Woodard & Curran, Inc. in the amount of $1,028,236 for Contract Operation of the City’s Potable Water Distribution System.

FISCAL IMPACT:

No General fund impacts are associated with this request. Enough funding is available in Water Fund, account no. 353-3530-511-06
ATTACHMENTS:

1. RFP

2. RFP Amendment No. 1

3. Contract Woodard & Curran

39 REQUEST FOR PROPOSALS
For
Contract Operation of the City’s Potable Water Distribution System ISSUE DATE: April 10, 2025
MANDATORY PRE-PROPOSAL Site Visit
Tuesday May 6, 2025, at 10:00 am
Adelanto City Hall
Proposal Due Date: (Tuesday June 10, 2025, at 3:00
PM)
City of Adelanto City Clerk’s Office
Attachments
Attachment A – Professional Services Contract
1- GIS exhibit of the existing water distribution system 3- Draft City’s Water Masterplan
4- City’s 2020 UWMP
40 TABLE OF CONTENTS
Section Title

1. Introduction

2. City of Adelanto Water Distribution System and related facilities

3. Scope of Services to be provided

4. Submittal Requirements

5. Submittal and Dates
41 SECTION 1 - INTRODUCTION
The City of Adelanto (the “City”) has a population of approximately 39,000 and is located in the high desert region of San Bernardino County. The City owns all facilities and provides sewer and potable water services to its residents within the city boundary (Service area) under the Adelanto Public Utility Authority (“APUA”). The City contracts with a professional utility management firm that has been operating the City’s Water Distribution system as well as the sewer collection system and the City’s 4 MGD Wastewater Treatment Plant (WWTP) since 2012. The City of Adelanto is one of the fastest growing City in the County of San Bernardino in Southern California. The City’s contract for management of such services is coming to renewal, and the City is required to solicit new proposals as part of its purchasing policy and wishes to examine the availability of alternative providers and competitive pricing. More importantly, the City intends to solicit proposals with a detailed scope of work, and to leverage new ideas for advanced technology resulting in more efficient operations and higher level of services in anticipation of expanding our water distribution system in connection with the city’s growth.

SECTION 2 – CITY OF ADELANTO WATER DISTRIBUTION SYSTEM:

The City does not have any recycled water. In accordance with the Mojave Basin Area Watermaster Annual Water Production Verification letter of December 2023 the potable water demand in the City of Adelanto was recorded at 4,460 acre- feet, or slightly over 4 MGD in Water Year 2023-23. Adelanto’s Based Annual Production (BAP) from the Mojave Basin was 5,182 in 2022-23, however, the Free Pumping Allocation (FPA) was limited to 2,820 due to

54.4% Rampdown mandated by the court. The City is obligated to purchase and replace the amount of water above the Free Pumping Allocation (FPA) which varies every year based on the pumping demand and the Free Pumping Allocation. The City currently owns more than 12 municipal wells in the Mojave River Ground Water Basin. Only 6 of the wells are operational 42 and they produce a production of 1,344 gpm (the total ground water pumping productions from all wells assuming the highest producing wellbeing on standby). The City is in the process of evaluating the inactive wells and the possibility to rehabilitate one or two of the inactive wells and permanently abandon the wells which cannot be reactivated. It must be noted that some of the active wells produce water with high levels of iron and manganese and that the city uses reverse ion exchange treatment process for removing the excess Iron and Manganese.

Chlorination:

The City uses 12.5 mg/l sodium hypochlorite (NaOCl) to chlorinate the groundwater prior to pumping it into the City’s water distribution system.

Water Pipelines:

The City’s water distribution system is comprised of approximately 165 miles of transmission and distribution pipelines in varying sizes (6” through 24” diameter) and varying materials.

Water Services:

There are 9,575 water services ranging from 3/4-inch diameter to 6-inch diameter.

Sampling Station:

There are approximately thirty sampling stations located at various locations of the water distribution system.

Water Wells:

There are more than twelve existing municipal wells within the City’s water service area. Only six of the existing wells are in operation, and the remaining wells are inactive and/or inoperable.

Some of the inactive wells will be abandoned and some may need to be rehabilitated and put back in service. The City has retained a hydro geologist to assess and evaluate the condition of the inactive wells (draft report attached).

Pressure Zones:

The City’s water distribution system is divided into three separate pressure zones. 43 • Pressure Zone 3 is served from three 5MG reservoirs (15 MG storage capacity) with HGL of 3343 feet serving elevations 3,000 feet through 3,240. • Pressure Zone 2 is served from two 3MG reservoirs (6 MG storage capacity) with HGL of 3158 feet serving elevations 2,800’ through 30,20’.
• Pressure Zone 1 is being served from Zone 2 via 4 Pressure Reducing Stations (PRV-1 through PRV-4) with HGL of 3,003 each serving specific elevations ranging from 2,740 through 2,900.

There is a 750,000-gallon storage tank which is being used as a forebay and blending station.

The supplemental treated water from Mojave Water Agency (MWA) is delivered to the Zone 3 reservoirs (HGL= 3343’)
Pressure Reducing Stations:

All PRV stations are in vaults below ground and must be brought up to grade as part of the crossconnection prevention regulation. The City is hoping to secure a grant program to modify the existing PRV stations.

Water Reservoirs:

The City owns and operates 6 reservoirs with a combined total capacity of 21.75 MG. All water storage tanks are above ground and are made of welded steel.

Pump Stations:

Adelanto Water Distribution System includes three booster pump stations consisting of fifteen pumps.
• Booster pumps 1 through 5 are the intermediate pumps pumping water from the Mojave basin wells to the 750,000-gallon intermediate tank.
• Lower feeder pump station consists of 7 pumps, pumping water from the 750,000-gallon intermediate tank to Zone 2 (Elevation 2,900). Upper Booster Pump station consists of 3 pumps pumping from Zone 2 to Zone 3
44 Water Demands:

The latest available water production report for Water Year (October 2022 - September 2023) was 4,460 acre-feet (slightly over 4 million gallons per day). In accordance with the City’s 2020 Urban Water Management Report, the average City’s water loss is 200 MG per year which are extremely high compared to other municipalities. The City intends to address the water loss through proactive management.

SECTION 3 - SCOPE OF SERVICES TO BE PROVIDED
The expectations of the successful Contract Operator are summarized as follows:
• Supply appropriately certified, highly qualified, and professional staff. • Operation and maintenance of the City’s water distribution system (Pipelines, mainline valves, air valves, Fire Hydrants, blow offs, control valves, etc.) in accordance with AWWA Standards and all applicable state and federal requirements. • Respond with qualified and certified staff within 45 minutes of notification or realization of operational watermain breaks, accidents, SCADA Alarms, power outage, regulatory inspection, or other emergencies, 24 hours/day, 365 days/year. • Purchase and maintain inventories for all chemicals and materials required for water distribution operations including, but not limited to, sodium hypochlorite, sodium bisulfite, and laboratory chemicals.
• Purchase outside services, if needed, for all maintenance, or other contractual obligations. • Maintain the Wells, Pump stations, PRV Stations, Reservoirs and Iron and Manganese Treatment Plant and related facilities as required to keep the facilities in excellent condition. A copy of the maintenance record must be readily available at the site for review and inspection by the City staff or City Manager’s designated personnel. The maintenance record shall have the following information:
a- Date of the maintenance
b- Replacement of parts or components
c- Standard maintenance or repaired due to failures
d- Causes or nature of the failure
• Perform all field and laboratory analyses required by the Permit and in conformance with the State Water Resources.
45 Section 4– SUBMITTAL REQUIREMENTS
To be considered, respondents’ proposals shall include the following items:
• Proposals shall not exceed 15-pages
• The history of the Company, clients, active contracts, contract terminations in the past 5 years and reasons for the terminations, the team members, their experience/qualifications, length of time with the company, part-time, full-time status and any other information relevant to the solicitation. Approach – The proposal should provide a narrative describing the anticipated approach to the elements described in the Scope of Services section of this request, discussion of the contract terms associated with costs, outsourcing services, ownership of tools or equipment being used under normal and/or emergency situations. Team members’ construction experience, mechanical skills in operating pumps and equipment in water environment, technology and SCADA knowledge and experience if any. • The proposal should be presented in sufficient detail to convey a clear understanding of the tasks and services included. Staffing – Proposals must include a staffing plan and organizational chart which includes the specific positions proposed for the contract and their duties/role on the team. The licensing and minimum qualifications for each position shall be included. The City recognizes it may not be possible to definitively identify every member of the team. However, the quality of the personnel provided is a key consideration of the City.

Therefore, if respondents cannot commit to specific team members, they are encouraged to provide a listing of staff with qualifications and State certifications from which will be assigned to operate the system.
• Work Plan – Proposals shall include a work plan that outlines the services proposed and contains the staffing levels, positions and responsibilities for each member of the proposed team. The work plan should identify all tasks to be performed by the team members and the relative time each would be expected to spend on various tasks. The work plan must also identify all services anticipated to be provided by third-party vendors. • Cost Proposal – While proposals will be evaluated based on the overall team experience, understanding of water distribution system, Federal and State water quality and regulations, the cost of the services will be a major factor in determining the preferred Contract Operator.

The proposal must clearly define the city’s cost of services, in terms of operational cost, 46 repairs, purchase of parts, equipment, in-house repairs, outsourcing construction and repair services, cost of chemicals etc.
• Contract Agreement- The successful contract operator will be required to sign and execute a contract with the City of Adelanto. A sample contract agreement is included in this RFP for your review and acceptance. In addition, the content of this RFP and your written response to this RFP will be included as an integral part of the Contract Agreement.

References – Proposals shall include references. The name, position, contact information, and relationship with each reference shall be included. At a minimum, three references shall be provided. Requirements for water quality assurance, quality control, detection levels, and certifications/licenses:
• Present technical reports to the Department of Water Resources and City staff. • Provide technical expertise on various water distribution systems and water quality • Represent the City before the DWR and their staff during inspections and meetings. • Perform water Distribution System maintenance in accordance with AWWA Standards • Maintain required records on site for inspection by City staff and State regulators. • Complete and submit all reports described in the Permit in a timely manner. • Notify and provide written reports to State regulators and City officials as requested in the event of Permit violation.
• Represent the City professionally in dealing with the public and regulators.

The City will be responsible for payment of utility and property-related expenses • Proposed Shift Supervisor - References should be from independent clients and for the position of shift supervisor if possible.

Exceptions – Proposals shall include an identification of any and all exceptions taken to this RFP and/or the contract language, including insurance provisions. All exceptions should be explained and propose alternative language for the City’s consideration. The City reserves the right to reject any proposals which contains exceptions.

Responsibility – Each proposal must contain the following questions and clear, concise responses:
a) Have you ever defaulted on a contract? If yes, please provide the year(s), entity(s), and reasons.
b) In the past five years, has any claim or legal action been filed in court or arbitration against your company by a client you have provided similar services to? If yes, please explain. c) Has your firm ever been suspended or debarred by any government agency? If yes, please explain.
47 Financial Information – Proposals shall include a current credit rating from Dun & Bradstreet, Supplier Qualifier Report.

SECTIONS 5– SUBMITTALS AND DATES
Proposals shall conform to the requirements of this RFP. The proposal shall be signed by someone authorized by the proposer to execute a contract between the City and proposer.

Proposal packages shall consist of:
• One signed, unbound original,
• One electronic version (in PDF format), and
• Three (3) bound copies of the proposal.

Proposals must be received and date-stamped by the City no later than 3 pm, Tuesday, June, 10th 2025. Proposals shall be clearly marked “Request for Qualifications and Proposal for the City’s Water Distribution System and submitted to:

City of Adelanto, City Clerk
Adelanto, CA
Submittals received after this time will not be considered.

OPTIONAL SERVICES:

The respondents may add additional services, including their cost impact, which have not been identified in this RFP and in the respondent’s opinion it is necessary to be included to effectively and efficiently operate the City of Adelanto water distribution system.

Questions and inquiries: All questions and inquiries must be submitted in writing via email and directed to the Engineering Mng: [email protected] . All questions must be
submitted
at least 5 days prior to submitting proposal so staff have adequate time to respond. Verbal communication with any city staff for obtaining information must be followed and clarified in writing.

The selection of the contractor will be based on:
1- Work experience with municipal governments
2- Background check with respect to the contractor’s performance with other clients 3- Qualification of people proposed for this project
4- Cost competitiveness
48 2512/026150-0001
19521427.1 a04/24/25

CITY OF ADELANTO

ADELANTO PUBLIC UTILITY AUTHORITY

PROFESSIONAL SERVICES AGREEMENT
«Contract_Title»
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, «Year» (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and «Consultant», a «Entity_Type» (“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 of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on «Term_of_Contract_Beginning» and shall end on «Term_of_Contract_Ending» 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 of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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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.

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 «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») 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 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;
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 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.
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Invoices shall be submitted to:

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

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 of the 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 Expenses. 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. 51 2512/026150-0001
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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 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’ Compensation. 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 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 Consultant, 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.
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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. 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 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 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) 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 Professional Liability Insurance.
a. General Requirements. 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.
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(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 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 Consultant’s sole cost and expense, any extended reporting provisions of the 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 Requirements.
a. Acceptability of Insurers. 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, 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.
c. 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 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, 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 54 2512/026150-0001
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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.
e. Deductibles and Self-Insured Retentions. Consultant 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, 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 c. Terminate this Agreement.
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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, “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 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 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. 56 2512/026150-0001
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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 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.

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. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant 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. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant 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. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the 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, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of 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 Consultant’s failure to pay prevailing wages. 57 2512/026150-0001
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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the 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. 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 of payroll 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 ½ 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 of the 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. 58 2512/026150-0001
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d. 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 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 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 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. 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 59 2512/026150-0001
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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.

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 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 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 of the 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 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. 60 2512/026150-0001
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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;
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 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.

9.1 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 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 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.
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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 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 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 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 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 Orange 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.

10.4 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 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 62 2512/026150-0001
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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 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 City 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 Notices. Any written notice to Consultant shall be sent to:
«Consultant»
Attn: «Consultant_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: «Staff_Contact», «Staff_Title»
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 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.
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__________________________________________
Seal and Signature of Registered Professional with
report/design 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 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.

10.14 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-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.

10.17 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 City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of 64 2512/026150-0001
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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]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF ADELANTO
«City_Signature»
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
«Consultant_Signature_1»

«Consultant_Signature_2»

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include «Contract_Title» services in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 67 1

PROPRIETARY & CONFIDENTIAL
Operations and Maintenance Agreement
Dated:
_______________, 20____
Adelanto Public Utility Authority
And
Woodard & Curran, Inc.
68 1
Contract Operations and Maintenance Agreement
This Operations and Maintenance Agreement is hereby entered on the date set forth below between Woodard & Curran, Inc. (“W&C”), a Maine corporation, whose Principal Place of Business is based at 12 Mountfort Street, Portland, ME 04101, Tax I.D. No. 01-0363222, and Adelanto Public Utility Authority, (the “Client”), whose address is 11600 Air Expressway, Adelanto, CA 92301 and its successors and assigns.

RECITALS
WHEREAS, the Client is the owner of a Potable Water Pumping, Treatment, Chlorination, and Distribution system (referred to herein as the “Facility” or “Facilities”) that is described in Exhibit A to this Agreement;
WHEREAS, the Client desires to engage W&C to operate and maintain the Facility on behalf of the Client and W&C desires to accept such engagement, all upon the terms and conditions hereafter set forth; WHEREAS, the Client is authorized by law to enter into this Agreement.

NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties agree as follows:

ARTICLE I - RESPONSIBILITIES OF WOODARD & CURRAN

1.01 Commencing on September 15, 2025 or such other mutually acceptable date agreed to in writing between W&C and the Client (the "Effective Date"), W&C will provide all routine operation and maintenance of the Client's Facility (as described in Exhibit B of the Agreement) on a seven day per week basis within the design capabilities of the Facility (hereinafter “Scope of Services”). Basic Design Data is provided in Exhibit A to this Agreement, entitled, "Design Capabilities for Treatment Facility”.

1.02 W&C shall communicate with the designated Client liaison, as described in Article 2.01(g) of this Agreement, regarding decisions and other matters related to the operation of the Facility. In addition, W&C shall assist the Client with respect to Client’s reporting obligations to regulatory agencies in matters related to the operation of the Facility.

1.03 Additional operation and maintenance services not considered routine (as listed in Exhibit B of the Agreement), or which are required as a result of an “Act of God” or force majeure, including but not limited to flood, abnormal weather conditions, natural catastrophes, fire, civil disturbance, pandemics, terrorism, interruption of electric or other utility service, supply chain disruption, equipment failure or equipment deficiency due to design defect or failure of Client to make necessary investments in the equipment, or any other reason beyond W&C's control (“Force Majeure”), are not covered within the scope of this Agreement and W&C shall be excused from any performance due to Force Majeure. If requested and practicable, W&C will assist the Client in obtaining or providing the operation and maintenance so required within a reasonable timeframe and W&C will be paid for such additional assistance under an equitable adjustment that is calculated in accordance with Article III, Compensation. W&C shall make reasonable efforts to secure the Facilities at appropriate times, within the limits of the security devices provided by the Client, to protect against vandalism and intrusion. To the extent possible, W&C shall keep buildings and gates locked and will have on-site staff coordinate with public safety officials on behalf of Client with respect to security for 69 2
buildings and property, in so doing making reasonable efforts to prevent break-ins and vandalism. W&C shall rely on Client’s security and public safety staff for ultimate control and responsibility for the security of property and equipment. As long as W&C takes such measures, it shall not be held responsible for any claims, damages, injuries, losses or costs due to or resulting from a security incident caused by the Client or any third parties.

1.04 W&C will be responsible for the leasing, procurement, and insurance of all tools, equipment, and vehicles necessary to execute on the Scope of Services, with the exception of the equipment, machinery, or vehicles owned by Client and which Client makes available for W&C’s use. For avoidance of doubt, any tool or vehicle purchases in connection with this agreement shall be registered to W&C, but will be transferred to the Client at the conclusion of this Agreement.

1.05 W&C is an independent contractor and shall be deemed to be an independent contractor in all of its operations and activities under this Agreement. W&C shall be responsible for all insurance, obligations and reports relating to any such employee, social security, unemployment insurance, worker’s compensation, income tax, and any other such employee related reports and deduction required by law or regulation.

ARTICLE II - RESPONSIBILITIES OF THE CLIENT

2.01 As part of this Agreement, the Client agrees to assume the following responsibilities:
(a) Client shall maintain in full force and effect, in accordance with its respective terms, all guarantees, warranties, easements, permits, licenses, and other similar approvals and consents received or granted to the Client as Owner of the Facility and component parts thereof;
(b) The Client will be responsible for payment of capital costs as described in this Agreement and in Exhibit B. Client shall also be responsible for expenditures for any capital repairs or replacement required as the result of W&C health & safety and cyber-security inspections/audits. W&C will provide justification and review of the related factors for such expenditure. Client shall work with W&C on the removal of any lead or lead service lines present in the distribution system and, until such removal, Client shall be responsible for any liabilities, non-compliance events or penalties resulting from the presence of any lead service lines or fixtures.
(c) Client shall also be responsible for any and all claims, costs, losses and damages associated with sewer line or water line leaks in the system. Upon receipt of a notice of a back-up, leak or the like, the Client will handle all responses to its residents’ complaints, including, if applicable, advising the resident to contact its insurance carrier. If requested by the Client, W&C’s only role will be to respond to the Client’s request to remove an obstruction, document the approximate date and time of the obstruction. W&C shall have no other responsibility for back-ups, leaks or the like, including for personal injury or property damage;
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(d) Client shall at all times provide access to the Facility for W&C, its agents and employees and shall assure that security and public safety officials responsible for the community and area coordinate their activities and patrols to protect personnel and property on-site; (e) Client shall provide W&C with the use of all existing equipment and associated parts owned by the Client, necessary for the operation and maintenance of the Facility. (f) Client shall be responsible for damage and liability to the Facility or components thereof and public health caused by flood, fire, Acts of God or other Force Majeure, civil disturbance, pandemics, terrorism or misuse of property; (g) Client shall be responsible for all fines imposed for process upsets and violations of water quality standards attributable to the operation and maintenance of the Facility to the extent outside W&C 's responsibility as set forth in Section 8.03; (h) Client shall designate an individual to act as authorized representative overseeing W&C in connection with the performance of services by W&C under this Agreement; (i) Client shall provide all criteria and full information as to the Client's requirements for W&C's services, including without limitation, objectives, constraints, standards or budgets including any limitations thereof;
(j) Client shall give prompt written notice to W&C whenever the Client observes or otherwise becomes aware of any development that affects the scope or timing of W&C's services or any failure of W&C to perform in accordance with the terms and conditions of the Agreement; and
(k) Client shall be responsible for all fines imposed by OSHA for any capital repairs or replacements related to health & safety not made in accordance with subsection (b) of this Article 2.01.
(l) The provisions of subsections (f) and (k) are voided in case W&C failed to provide reasonable preventative measures as part of its execution of this agreement.

2.02 Client will purchase and maintain at its sole expense commercial general liability, property and structure liability, and flood and fire insurance policies, including premises and extended coverage, including coverage for vandalism and malicious mischief for the full and insurable value of the Facilities and for bodily injury or death to the Client's or W&C’s employees, or Client’s agents or invitees; and cyber risk insurance. In addition, the Client will name W&C as additionally insured on the above policies and the Client’s policies shall be primary and noncontributory. Client waives all of its’ and its’ carriers’ rights against W&C for bodily injury, death, or property damages to the extent covered by the insurance maintained by the Client pursuant to this Article or other applicable insurance. This waiver of subrogation shall be effective as to a person or entity even though that person or entity did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest.

2.03 Client agrees to compensate W&C in a timely way as provided in Article III, Compensation. 71 4

ARTICLE III - COMPENSATION

3.01 Compensation to W&C for services performed shall be the Cost-Plus-Fixed Fee Method as defined and indicated herein.

3.02 Compensation for services performed under the Cost-Plus-Fixed Fee Method shall be based on, and W&C shall be paid, reimbursement of actual undisputed costs incurred by W&C in its performance of the work and services pursuant thereto, (hereinafter referred to as "Reimbursable Costs"), plus a Fixed Fee, as defined herein. Client shall provide W&C with notice of any invoiced costs that it disputes within fifteen (15) days of receipt of an invoice; otherwise, the costs shall be deemed accepted by the Client and subject to payment under the terms set forth herein.

3.02.1 Reimbursable Costs shall be Direct Salary & Benefits of staff at the facility, local employee benefits and taxes, Chemical Costs, , Equipment Costs, Materials and Supplies Costs, and Miscellaneous Operating Costs as are defined in the table in Exhibit C – Woodard & Curran Pricing Approach.

3.02.2 As compensation for the Reimbursable Costs for the 9 and one half months of the standard services rendered by W&C pursuant to this Agreement, the Client shall pay to W&C the sum of $802,940payable in ten (10) monthly payments in accordance with Exhibit C., commencing with the Effective Date as set forth in Article I Section 1.01 above for total Reimbursable Costs related to the Facility. The budgetary breakdown associated with the Reimbursable Costs is found in the table in Exhibit C.

3.03 The Client shall also pay W&C an Overhead Fee, as set forth in the approved Annual Budget related to the Facility. The Overhead Fee shall be thirty two percent (32%) of the salaries and wages before payroll taxes and employee benefits (“Overhead Fee”). The Overhead Fee budget is outlined in Exhibit C and is subject to review or modification as otherwise provided in this Agreement. As compensation for the Overhead Fee for the first year of the standard services rendered by W&C pursuant to this Agreement, the Client shall pay to W&C the sum of $127,140, payable in ten (10) monthly payments in accordance with Exhibit C commencing with the Effective Date for the total Fixed Fee related to the Facility.

3.03.1 The monthly compensation for Reimbursable Costs, Overhead Fee, and Management Fee will be billed at the beginning of the month for which it is due. The Client will have sixty (60) days from the date of the invoice in which to pay W&C. Late payments shall accrue interest at the then current prime rate plus two (2%) percent per annum on the unpaid balance. In the event that W&C is compelled to take action to collect past due payments, the Client will reimburse W&C for all costs and expenses of collection including, without limitation, all court costs and reasonable attorneys’ fees and costs.

3.03.2 The Client shall also pay W&C a Management Fee, as set forth in the approved Annual Budget related to the Facility. The Management Fee shall be eight percent (8%) of the Sub-Total Operating Costs and Overhead Fee (“Management Fee”). The Management Fee budget is outlined in Exhibit C and is subject to review or modification as otherwise provided in this Agreement. As compensation for the Management Fee for the first year of the standard services rendered by W&C pursuant to this Agreement, the Client shall pay to W&C the sum of $74,406, payable in ten (10) monthly payments in accordance with Exhibit C, commencing with the Effective Date for the total Management Fee related to the Facility.

3.04 At the end of each annual period, W&C shall reconcile with the Client in-scope, reimbursable costs versus budget. W&C shall share risk on a 75/25 basis. In the event there is a cost savings, W&C shall retain 25% of the savings and reimburse the Client the remaining 75%. In the event costs exceed budget, W&C shall contribute 25% toward the overage while the Client shall reimburse W&C the remaining 75%. This budget reconciliation shall occur within 90 days of the end of each annual period. 72 5

3.05 Annual Adjustments. By the Effective Date of this Agreement and by each June thereafter, an estimated annual budget, including all costs will be negotiated (“Annual Budget”). Negotiations shall begin and an initial budget shall be submitted by April of each year and finalized by June of each year of the contract. This method will enable Client and W&C to evaluate any deficiencies and/or changes in the Scope of Services to establish the new Annual Budget in each successive year of the Agreement. If negotiations have not been completed prior to a contract year, the Annual Budget should be set at one hundred percent (100%) of the previous Annual Budget on a preliminary basis until negotiations are completed and the Annual Budget is adjusted. Credits shall be made for any differences between the one-hundred percent (100%) amount and the new Annual Cost Budget and agreed upon within thirty (30) days after the Annual Budget is approved.

3.06 Adjustments Based on Increased or Decreased Operating Costs. In the event that any changes in the scope of the operations for regulations applicable to the Facility shall occur from and after the Effective Date, including, but not limited to, changes in governmental regulations or reporting requirements, water quality standards, monitoring requirements, level of treatment, personnel qualifications, staffing rules or changes in the Scope of Services (as set forth in Exhibit B) which increase or decrease the cost of operating the Facility, then, in that event, the Client shall provide for an increase or decrease in W&C’s compensation, as reasonably determined by W&C and agreed to by the Client, retroactive to the date of such notification by W&C or the Client (which shall include a reasonably detailed explanation for the increase to W&C’s compensation).

3.07 Maintenance and Repair Costs.
a. Costs up to $1,000. W&C shall pay the costs of all individual repair parts, maintenance materials, supplies and outside routine maintenance service items (hereinafter, “M&R Item” or “M&R Items”) under $5,000 per event, excluding W&C labor costs, during the term of this Agreement. The annual budget for such M&R Items costing less than $1,000 is included in the annual fees to be paid to W&C and is initially established at $30,000. This annual M&R Item budget will be negotiated and agreed to annually and will be a pass through cost to the Client. The Client shall approve in advance and pay for M&R Items that exceed the annual budget.
b. Costs $1,000 and above. Any M&R Item which costs in excess of $1,000 per event, excluding W&C labor costs, shall be approved by the Client and paid for in its entirety directly by the Client.

Notwithstanding anything to the contrary in this Section, W&C shall have the right, in emergency situations, to authorize the expenditure of monies for M&R Items where the failure to do so would have an adverse effect, as determined by W&C, on safety, the Facility or the Client’s equipment.

Based on the circumstances of the situation, W&C shall use reasonable efforts to obtain Client consent prior to the expenditure of funds.

3.08 Transition Fee Component. The Client shall pay W&C, as Compensation for the transition fee, a total amount of $202,177 (the “Transition Fee Component”). W&C will begin on-site transition management services upon execution of this Agreement.

3.09 Additional Capital Investments. The Client and W&C will work together to develop, agree on and execute more substantive capital upgrade projects in an effort to further reduce the Facility’s operating and maintenance costs, and/or improve operations control, productivity and compliance. Projects identified and brought forward by W&C will be presented to and approved by the Client on a case-by-case basis.

Funding approaches will be discussed prior to project approvals. In the event the Client and W&C agree that W&C will supply any of the capital necessary to implement the upgrade project, W&C and the Client 73 6
will, following appropriate internal approvals, structure a separate capital recovery and security agreement for W&C to recover its capital cost and risk, and which will include provisions satisfactory to both parties.

W&C will provide appropriate conditions, including a termination provision, conforming to Generally Accepted Accounting Principles (“GAAP”) standards, to allow the Client to exercise its rights under the provisions of the agreements while protecting W&C’s right to recover and secure its capital investments.

Cost, quality and/or productivity savings generated by these projects, net of any payments or other capital recovery mechanisms employed, will be shared by the Parties on a negotiated basis.

3.10 Contingency or Out-Of–Scope Services includes funds for projects and services that have not been included elsewhere in the Annual Budget and are not clearly defined. This may include emergency services or services from W&C’s consulting and engineering business units, which shall be clearly set forth in a separate statement of work. In the event of an emergency, W&C may act without advanced written approval and W&C shall be compensated by the Client for the emergency work; provided, nothing contained in this Agreement or Section shall require W&C to provide any emergency services and failure of W&C to perform any such emergency services shall not impose upon W&C any liability. Expenditures under this category will require advanced written approval by the Client. A Management Fee rate of five percent (5%) will be added to all contingency or out-of-scope services’ expenses. Contingency or out-of-scope services’ expenses will be billed on a monthly basis.

3.11 W&C shall provide a narrative statement, in a Monthly Operating Report (“MOR”), to the Client on a monthly basis. The MOR shall describe the work accomplished, any problems encountered, and their resolution by W&C during the period by reference to the tasks described in the Scope of Services.

3.12 Invoices are to be forwarded directly to the following:

Client Address:

Adelanto Public Utility Authority
Attn: Finance Department
11600 Air Expy, Adelanto, CA 92301

3.13 In the event that this Agreement is terminated or canceled, or W&C's services are suspended in this Agreement, prior to completion, payment shall be made in accordance with the provisions of Article V, Termination.

ARTICLE IV - TERM OF AGREEMENT

4.01 This Agreement shall remain in full force and effect for fifty-seven and one half (57 ½ ) months from the Effective Date.

4.02 The term of this Agreement may be extended for consecutive terms as mutually agreed by the Client and W&C as provided in Article 5.

ARTICLE V - TERMINATION

5.01 Termination for Cause. Either party may terminate this Agreement upon thirty (30) days’ prior written notice to the other party of a default by the other party (the “Defaulting Party”), and the Defaulting Party’s failure to cure the default within an additional thirty (30) days; provided, however, if the default can be cured 74 7
but the cure cannot reasonably be completed within thirty (30) days, termination may not occur until the cure can reasonably be completed as long as the Defaulting Party has commenced steps to cure and diligently continues to pursue such cure.

5.02 Suspension for Nonpayment. This Agreement may be suspended by W&C after forty-five (45) days of non-payment of any invoices by Client. Failure of the Client to provide payment for sixty (60) days shall constitute a material default.

5.03 Automatic Renewal. This Agreement shall be automatically renewed for additional five (5) year terms unless either party notifies the other party in writing of its decision not to renew the Agreement no less than 120 days before the expiration of the then current term.

5.04 Transition Costs. The Client shall pay the balance of the Transition Fee Component within forty-five (45) days of any termination of this Agreement.

5.05 Termination for Convenience. Client or W&C may terminate this Agreement for convenience at any point and with 90 days notice (“Three Year Termination Provision”). Should Client elect to terminate this agreement prior to the Three Year Termination Provision, W&C would be entitled to the full amount of Management Fees charged until the conclusion of such three year term.

ARTICLE VI - STANDARDS OF PERFORMANCE

6.01 W&C's objective is to provide its clients with quality operational services consistent with industry standards. To that end, W&C seeks an operational collaboration and dialogue with the Client to achieve a level of performance consistent with industry standards. If the Client has any concerns with the services, the Client shall immediately inform W&C in writing, and the parties shall meet to discuss the concerns. It is understood that the relationship of W&C and the Client is that of independent contractor. No warranty, express or implied, is made or intended by W&C’s undertaking herein or its performance of services. For any professional services rendered under this Agreement, W&C will perform all work in a professional manner that is consistent with other professionals performing similar work in the geographic area at the time services are rendered.

6.02 W&C represents that its performance of the services pursuant to this Agreement will comply with all applicable federal, state, and local laws, ordinances, statutes, rules, regulations and standards. W&C shall obtain and maintain in full force and effect all permits, approvals and licenses necessary perform the operations and maintenance scope of services described in this Agreement.

6.03 All materials, documents, information and products produced or generated by, or in connection with, the operation of the Facilities shall at all times be owned solely by the Client. Notwithstanding any other provision to the contrary, W&C will retain all right, title and interest, including without limitation all intellectual property rights in and to (a) W&C’s designs, tools, methodologies, programs, proprietary software, software frameworks, source code, specifications; and (b) third-party works or products that W&C has acquired the rights to use or derivative works or modifications to the same.

6.04 To the extent work is a “public work” as defined by California prevailing wage laws, W&C shall perform such work in compliance with all applicable prevailing wage legal requirements. 75 8

6.05 The parties acknowledge and agree that Client is subject to certain orders from the State of California including, but not limited to, orders to meet standards for water loss reduction and ground water allocation. W&C will be responsible for performing its services in accordance with commercially reasonable and accepted practices to assist Client in meeting these standards. Client acknowledges that breach of such orders may not be avoided entirely because of capacity limitations and flaws inherent in the systems, limitations on the ability to accurately assess and predict the condition of underground systems, and other reasons that make it unfeasible and impossible as a practical matter to eliminate such damages. Therefore, W&C shall not be responsible for the costs associated with such damages unless it is finally determined, either by W&C in good faith after its investigation, or by a court of law, that the predominant cause of the damage was the failure of W&C to perform its services in accordance with commercially reasonable and generally accepted standards.

ARTICLE VII - CHANGES

7.01 W&C or the Client may request, respectively, changes in the Scope of Services authorized under this Agreement which are within the general scope of this Agreement, including without limitation, additional operational and maintenance services not considered "routine" (for example: construction and installation of capital projects and repairs caused by events outside W&C's control if these cannot be accommodated within normal operational hours and normal expense budgets), changes required by new or revised laws, rules, regulations or code requirements, or new or amended orders of any public authority or court, the happening of Force Majeure including without limitation, flood, fire, act of God, civil disobedience, pandemics, terrorist acts, or other causes beyond W&C's reasonable control or which result from W&C encountering conditions or circumstances during performance of its services under this Agreement which are materially different from those described or represented by the Client regarding the operational or maintenance characteristics or circumstances of the Facility. These changes may be made only by written work change orders, executed by the Client and W&C, unless accomplished under emergency conditions with verbal authorization, all subject to an equitable adjustment in compensation to W&C.

7.02 In the event changes in the work result in increased work, the Client will pay W&C for hours worked, equipment used, and materials expended in accordance with Article III, Compensation.

7.03 In an emergency affecting the safety of persons or property, W&C may act, at its discretion, to prevent threatened damage, injury or loss. Any increase in the monthly fee or extension of time claimed by W&C on account of acts taken in connection with such emergency shall be paid to W&C in accordance with Article 7.02 above.

ARTICLE VIII – INSURANCE AND LIMITATIONS

8.01 W&C will provide and maintain at all times during the term of this Agreement the following insurance coverage:
(a) Workers’ compensation insurance in compliance with the statutes of the state where the Facility is located;
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(b) Commercial general liability insurance with a limit of One Million Dollars ($1,000,000) per occurrence and in the aggregate;
(c) Automobile liability insurance (owned, non-owned, or hired) with a combined single limit of One Million Dollars ($1,000,000); and
(d) Professional liability insurance with a limit of One Million Dollars ($1,000,000) per claim and in the aggregate where professional or design services are provided.

W&C will furnish the Client with Certificates of Insurance as evidence that policies providing the required coverages and limits are in full force and effect.

8.02 UNLESS COVERED BY INSURANCE CARRIED BY W&C PURSUANT TO ARTICLE 8.01 OF THIS

AGREEMENT, IN WHICH CASE THE COVERAGE AND LIMITS SPECIFIED TO BE MAINTAINED SHALL ONLY

APPLY TO AND HEREBY EXPRESSLY LIMIT SUCH COVERED LIABILITIES, THE AGGREGATE LIABILITY OF W&C

FOR ANY AND ALL UNINSURED CLAIMS, DAMAGES, COSTS, OR EXPENSES, INCLUDING ATTORNEYS' FEES

UNDER THIS AGREEMENT, WHETHER BASED IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT

INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL ANNUAL

COMPENSATION PAID FOR THE SERVICES OUT OF WHICH THE CLAIM OR DAMAGE, COSTS, OR EXPENSE

AROSE, BUT IN NO EVENT SHALL W&C BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR

PUNITIVE DAMAGES SUCH AS, FOR EXAMPLE, LOSS OF PROFITS OR REVENUE, OR THE LOSS OF USE OF CLIENT’S FACILITIES OR PROPERTY.

8.03 W&C will assist the Client with regulatory compliance pertaining to the day-to-day operation of the Facility. Subject to the limitations of this Agreement and Article, W&C shall operate the Facility in compliance with state and federal regulatory requirements. W&C will pay fines imposed for process upsets and violations of water quality standards unless the process upsets or violations are attributable to:
(a) Influent water quality that is not within the design capabilities of the Facilities or purchased water that does not meet California water quality standards. (b) The malfunction or failure of equipment giving rise to the violation which is not due to the sole negligence of W&C, or
(c) Failure by the Client to fulfill its obligations under this Agreement or other agreements with regulatory agencies.

ARTICLE IX - INDEMNIFICATION

9.01 W&C agrees to indemnify and hold the Client harmless from any liability, claim, or cause of action resulting from bodily injury to or illness or death of any third party or destruction of or damage to any property of any third party to the extent caused by the negligence of W&C or its employees in the performance of the services of this Agreement.

9.02 Client agrees to indemnify and hold W&C harmless from any liability, claim, or cause of action resulting from bodily injury to or illness or death of any third party or destruction of or damage to any property of any third party to the extent caused by the negligence of the Client or its employees. 77 10

9.03 In the event that both W&C and the Client are found by a finder of fact to be negligent, and the negligence of both is the proximate cause of the liability, claim, damage, cost or expense, then in such event, each party shall be responsible for the proportionate amount of the liability equal to its comparative share of fault.

9.04 Client acknowledges that, in seeking services of W&C in this Agreement, the Client is requesting W&C to undertake services that present potential uninsurable environmental and other operational risks for the Client's benefit. Therefore, the Client agrees that, except to the extent such liability may arise out of the sole negligence of W&C or its employees in the performance of services under this Agreement, the Client shall defend, indemnify and hold harmless W&C, its officers and employees from and against any and all claims, losses, damages and liabilities, including but not limited to costs of defense and reasonable attorneys' fees, arising under local, state, or federal laws or regulations including but not limited to, the Clean Air Act, the Clean Water Act, CERCLA, RCRA, or analogous state or local laws directly or indirectly connected with the alleged, threatened or actual discharge, dispersal, release, migration of pollutants, contaminants, or chemicals which may be present at or beneath the Facility's premises.

ARTICLE X - MISCELLANEOUS

10.01 W&C shall keep confidential and not use, reveal, provide or transfer to any third party any confidential information or operational details that it obtains or has obtained concerning the Facility without the prior written consent of the Client, except (i) where disclosure to a third party is made in performance of the services under this Agreement (ii) to the extent that disclosure to a third party is required by Law, (iii) information that, at the time of disclosure, is generally available to the public (other than as a result of a breach of this Agreement or any other confidentiality agreement to which such Person is a party or of which it has knowledge), as evidenced by generally available documents or publications, and (iv) information that was in the disclosing party's possession before the Effective Date (as evidenced by appropriate written materials) and was not acquired directly or indirectly from the Client.

10.02 This Agreement represents the entire Agreement of the parties and may only be modified or amended in writing, signed by both parties.

10.03 Written notices required to be given under this Agreement shall be deemed given when mailed by first class mail, to W&C, Attention: Legal Dept., and to the Client, Attention: City Manager at the addresses set forth for each in the opening paragraph of this Agreement.

10.04 No waiver, discharge, or renunciation of any claim or right of W&C arising out of breach of this Agreement by the Client shall be effective unless signed in writing by W&C and supported by separate consideration.

10.05 This Agreement shall be deemed to have been made in the state where the Facility is located and shall be governed by and construed in accordance with the laws of the state where the Facility is located.

10.06 If a dispute arises pursuant to this Agreement and is not resolved by mutual agreement within sixty (60) calendar days from written notice of the Dispute, a mutually acceptable third-party mediator having expertise in the subject matter of the Dispute will be engaged to mediate the Dispute. The expense of the mediator would be shared equally by the parties. All mediation documents and discussions pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and applicable State Rules of Evidence. If mediation is unsuccessful, the Parties retain the right to pursue all legal rights and remedies. 78 11
IN WITNESS THEREOF, W&C, by its duly authorized officer, and the Client, by its duly authorized administrator, have executed this Agreement as of the date and year first above written. [SIGNATURES ON NEXT PAGE]
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EXHIBIT A: Facilities Description
The following section provides a general overview of the City’s facilities. The parties agree that at the time of the Effective Date, there are unknown or latent conditions regarding the Facility, including, but not limited to, the influent water quality or demand of the Facilities. The parties agree that such unknown or latent conditions may materially alter the Design Capacities stated in Exhibit A or the Scope of Services stated in Exhibit B. Within 120 days of the Effective Date, W&C shall propose an amendment to this Agreement which shall include, as necessary, revised Exhibits A and B that will be mutually negotiated between the parties, acting reasonably, in good faith, and with all diligence. Notwithstanding anything herein to the contrary, W&C shall not be liable for such unknown or latent conditions until such amendment is in place.

The City’s potable water supply is a combination of water extracted from local groundwater in the Mojave River Groundwater Basin, commonly referred to as the Mojave Basin Area, as well as water purchased from Mojave Water Agency through the R3 system. The Mojave Basin Area was the subject of a court ordered adjudication in 1993 due to the rapid growth within the area. The City does not have any recycled water. In accordance with the Mojave Basin Area Watermaster Annual Water Production Verification letter of December 2023 the potable water demand in the City of Adelanto was recorded at 4,460 acre- feet, or slightly over 4 MGD in Water Year 2023-23.

Adelanto’s Based Annual Production (BAP) from the Mojave Basin was 5,182 in 2022-23, however, the Free Pumping Allocation (FPA) was limited to 2,820 due to 54.4% Rampdown mandated by the court. The City is obligated to purchase and replace the amount of water above the Free Pumping Allocation (FPA) which varies every year based on the pumping demand and the Free Pumping Allocation. The City currently owns more than 12 municipal wells in the Mojave River Ground Water Basin. Only 6 of the wells are operational and they produce a production of 1,344 gpm (the total ground water pumping productions from all wells assuming the highest producing wellbeing on standby). The City is in the process of evaluating the inactive wells and the possibility to rehabilitate one or two of the inactive wells and permanently abandon the wells which cannot be reactivated. It must be noted that some of the active wells produce water with high levels of iron and manganese and that the city uses reverse ion exchange treatment process for removing the excess Iron and Manganese.

Chlorination: The City uses 12.5 mg/l sodium hypochlorite (NaOCl) to chlorinate the groundwater prior to pumping it into the City’s water distribution system.

Water Pipelines: The City’s water distribution system is comprised of approximately 165 miles of transmission and distribution pipelines in varying sizes (6” through 24” diameter) and varying materials.
81 Water Services: There are 9,575 water services ranging from 3/4-inch diameter to 6-inch diameter.

Sampling Station: There are approximately thirty sampling stations located at various locations of the water distribution system.

Water Wells: There are more than twelve existing municipal wells within the City’s water service area. Only six of the existing wells are in operation, and the remaining wells are inactive and/or inoperable. Some of the inactive wells will be abandoned and some may need to be rehabilitated and put back in service. The City has retained a hydro geologist to assess and evaluate the condition of the inactive wells (draft report attached).

Pressure Zones: The City’s water distribution system is divided into three separate pressure zones.
• Pressure Zone 3 is served from three 5MG reservoirs (15 MG storage capacity) with HGL of 3343 feet serving elevations 3,000 feet through 3,240. • Pressure Zone 2 is served from two 3MG reservoirs (6 MG storage capacity) with HGL of 3158 feet serving elevations 2,800’ through 30,20’.
• Pressure Zone 1 is being served from Zone 2 via 4 Pressure Reducing Stations (PRV-1 through PRV-4) with HGL of 3,003 each serving specific elevations ranging from 2,740 through 2,900. There is a 750,000-gallon storage tank which is being used as a forebay and blending station. The supplemental treated water from Mojave Water Agency (MWA) is delivered to the Zone 3 reservoirs (HGL= 3343’) Pressure Reducing Stations: All PRV stations are in vaults below ground and must be brought up to grade as part of the crossconnection prevention regulation. The City is hoping to secure a grant program to modify the existing PRV stations.

Water Reservoirs: The City owns and operates 6 reservoirs with a combined total capacity of 21.75 MG. All water storage tanks are above ground and are made of welded steel.

Pump Stations: Adelanto Water Distribution System includes three booster pump stations consisting of fifteen pumps.
• Booster pumps 1 through 5 are the intermediate pumps pumping water from the Mojave basin wells to the 750,000-gallon intermediate tank. • Lower feeder pump station consists of 7 pumps, pumping water from the 750,000- gallon intermediate tank to Zone 2 (Elevation 2,900). Upper Booster Pump station consists of 3 pumps pumping from Zone 2 to Zone 3
82 Water Demands: The latest available water production report for Water Year (October 2022 - September 2023) was 4,460 acre-feet (slightly over 4 million gallons per day). In accordance with the City’s 2020 Urban Water Management Report, the average City’s water loss is 200 MG per year which are extremely high compared to other municipalities. The City intends to address the water loss through proactive management.
83 EXHIBIT B: Scope of Services
The expectations of the successful Contract Operator are summarized as follows:
• Supply appropriately certified, highly qualified, and professional staff. • Operation and maintenance of the City’s water distribution system (Pipelines, mainline valves, air valves, Fire Hydrants, blow offs, control valves, etc.) in accordance with AWWA Standards and all applicable state and federal requirements. • Respond with qualified and certified staff within 45 minutes of notification or realization of operational watermain breaks, accidents, SCADA Alarms, power outage, regulatory inspection, or other emergencies, 24 hours/day, 365 days/year. • Purchase and maintain inventories for all chemicals and materials required for water distribution operations including, but not limited to, sodium hypochlorite, sodium bisulfite, and laboratory chemicals.
• Purchase outside services, if needed, for all maintenance, or other contractual obligations.
• Maintain the Wells, Pump stations, PRV Stations, Reservoirs and Iron and Manganese Treatment Plant and related facilities as required to keep the facilities in excellent condition. A copy of the maintenance record must be readily available at the site for review and inspection by the City staff or City Manager’s designated personnel. The maintenance record shall have the following information:
a- Date of the maintenance
b- Replacement of parts or components
c- Standard maintenance or repaired due to failures
d- Causes or nature of the failure
• Perform all field and laboratory analyses required by the Permit and in conformance with the State Water Resources.
• Provide monthly meter reading services.
84 EXHIBIT C: Compensation
The following cost structure is adopted from the W&C Cost Proposal:

Category 12-Month Budget Pro-Rated First Year
Budget (9 1/2 Months)
Labor $777,894 $615,833
Utilities $8,700 $6,888
Chemicals $75,950 $60,127
Lab Supplies & Equipment $43,296 $34,276
Office Supplies $1,750 $1,385
Miscellaneous Expense $59,918 $47,435
Other Operating Costs $46,732 $36,996
Sub-Total Operating Costs $1,014,240 $802,940
Overhead Fee $160,598 $127,140
Management Fee (8% of SubTotal & Overhead)$93,987 $74,406 Maintenance & Repair (pass
through)
$30,000 $23,750
Total Budgeted Costs $1,298,825 $1,028,236
Monthly Fee $108,235 $108,235*
First month’s invoice will be pro-rated for ½ month - $54,118

1. Labor. Labor costs reflect the salaries of the Project Manager and on-site staff, who are generally dedicated to full-time O&M of the project. Other labor may include technical support provided by W&C experts that remotely support the project, in a part-time capacity. This includes estimated overtime allowance which represents holiday and vacation coverage, as well as call-ins for alarms and/or other work beyond the normal schedule and fringe benefits, including healthcare, holiday, sick leave, vacation pay, education assistance, and 401K retirement plans.

2. Utilities. The utilities line item includes anticipated utility services (water, sewer, and power) required for W&C to perform the Scope of Services.

3. Chemicals. The chemicals line item includes anticipated chemical costs required to perform the Scope of Services.
85 4. Maintenance and Repair. Maintenance and repair includes costs for materials, supplies, lubricants, parts, and piping necessary for the proper implementation of the preventive and corrective maintenance program expenses less than $5,000 per occurrence, as specified in Section 3.07.

5. Lab Supplies & Equipment. This line item includes costs incurred for water quality sampling and analysis to ensure continued regulatory compliance and maintain treatment process control.

6. Office Supplies. This line item includes computer software, miscellaneous office supplies, and postage for office use.

7. Miscellaneous Expenses. This cost category includes personnel costs for dues and subscriptions, personal protective equipment, safety training, safety incentive awards, costs related to local staff travel, course registrations to obtain training, and travel for off-site technical support personnel. This category also includes the amortization, insurance, and registration charges of vehicles assigned to the project.

8. Other Operating Costs. This item includes annual fees for the CMMS, water information management system (WIMS), tablets, and doForms software. This category also covers gasoline for vehicles and uniform service for on-site staff.

9. Overhead. W&C’s overhead costs cover allocated costs for health & safety, asset management, management and technical support, human resources, finance and accounting, legal services, amortization of debt, information technology, insurance and bonds, and executive charges.

10. Management Fee. W&C’s Management Fee is the fee for W&C to operate the system and covers the risk and incentive for the project to ensure proper project execution.

Client and W&C agree that:
• Year 1 Annualized budget is based on limited information provided in response to the RFP and with limited knowledge of the system.
• Overhead and Management Fees are percentages, as defined in Article III – Compensation.
86 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121 Gabriel Reyes
Mayor
Daniel Ramos
Mayor Pro Tem
Stevevonna Evans
Council Member
Angelo Meza
Council Member
Amanda Uptergrove
Council Member
Jessie Flores
City Manager
Amendment No. 1 to RFP
Title: Contract Operation of the City’s Potable Water Distribution System Date of Amendment: May 5, 2025
This amendment is issued to modify the Request for Proposal (RFP), originally issued on April 10, 2025. The following changes are hereby incorporated into the RFP:

1. **Questions and Inquires**
Directed to the Engineering Services Mng. ([email protected]) instead of the City Clerk.

2. **Sample Contract**
Added “Sample Contract”.

3. **Location of Site Visit**
- **City Hall**
All other terms and conditions of the original RFP remain unchanged.

Issued by:

Richard Burgess
Engineering Services Manager
City of Adelanto
Email: [email protected]
Date: May 5, 2025
87

Adelanto City CouncilJuly 30, 2025

Adelanto City Council
July 30, 2025