AMENDED
AGENDA
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
NOVEMBER 12, 2025
City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Closed Session: 10:00 a.m.
Open Session: 11:00 a.m.
NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.
The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
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Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)
MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS
ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR
34.102.104.
2 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
1. City Manager to announce if there is any addition/removal of items from the agenda.
C. APPROVAL OF AGENDA
M__________________S__________________ACTION___________ D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
Property: 11200 Stadium Way, Adelanto CA 92301 APN: 3128-221-26 Agency Negotiator: Todd Litfin, City Attorney
Negotiating Parties: TBD
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
Property: APN 3128-221-04
Agency Negotiator: Todd Litfin, City Attorney
Negotiating Parties: TBD
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
3. CONFERENCE WITH LEGAL COUNSEL ¬ EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1). (one case)
Joann Beatice Padilla v. City of Adelanto; and Andrew Monroy – CIV SB 2222353
4. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 – ▪ Employee Performance Evaluation
▪ Title: City Attorney
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
PUBLIC COMMENT: OPEN: ___________ CLOSED:____________
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
F. CONVENE INTO CLOSED SESSION
TIME: _____________
1. Motion to go into Closed Session.
M__________________S__________________ACTION_________________ 4 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:
FLAG SALUTE: ______________________
1. City Manager to announce if there is any addition/removal of items from the agenda.
I. APPROVAL OF AGENDA
M__________________S__________________ACTION___________ J. CITY MANAGERS ANNOUNCEMENTS AND REPORT
K. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
L. PRESENTATIONS
1. Adelanto Community Resource Center (ACRC).
G. CALL TO ORDER—REGULAR MEETING
H. DELETIONS/ADDITIONS TO AGENDA
5 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. PUBLIC COMMUNICATIONS
PUBLIC COMMENT: OPEN: CLOSED:
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not act on an item not appearing on the agenda
N. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approval of Meeting Minutes- October 6, 2025- Special Meeting
3. Receive and File the September 2025 Commercial and Residential Recycling Department Report.
4. Receive and File 3
rd Quarter Commercial & Residential Report.
5. Approval of 2nd Reading of Ordinance 658 entitled:
ORDINANCE NO. 658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING AN AMENDMENT TO THE
ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE
PLAN GENERAL PLAN LAND USE AND ZONNING MAP IN
BUSINESS PARK ZONE AND THE AMENDED MIXED USE
OVERLAY ZONE WITHIN THE CITY OF ADELANTO,
CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF
6 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
6. Adoption of Resolution No. 25-61 – Establishing a Policy Regarding Expense Reimbursement and Use of Public Resources
RESOLUTION NO. 25-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA, ESTABLISHING A POLICY
REGARDING EXPENSE REIMBURSEMENT AND USE OF
PUBLIC RESOURCES
7. Receive and File Business License Department Report.
8. Approval of Warrant Demand Schedule 25/26-05-01
a. City of Adelanto Check Warrant No. 151521 through 151548 in total amount of $62,289.88.
b. City of Adelanto EFT No. 4480 through 4565 in total amount of $2,441,751.52.
9. Receive and file the Cannabis Compliance Department Report.
M__________________S__________________ACTION________________ O.ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this APUA agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approval of Water Department Report
3. Approval of the Agreement with Bakersfield Well & Pump Co for Well 16 Rehabilitation.
4. Approval of Phase 2 Sensus AMI Implementation Project.
M__________________S__________________ACTION__________________ 7 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us P. NEW BUSINESS
OPEN: CLOSED
1. ADOPTION OF ORDINANCE NO. 659 – AMENDING CHAPTER 14, OF THE MUNICIPAL CODE, BY ADOPTING THE 2025 EDITIONS OF THE CALIFORNIA,
BUILDING, MECHANICAL, PLUMBING, ELECTRICAL, FIRE, RESIDENTIAL, GREEN
BUILDING, ENERGY, EXISTING, ADMINISTRATIVE CODE, STATE HISTORIC BUILDING CODE, AND REFERENCED STANDARDS: AMENDMENTS TO CERTAIN
BUILDING CODE SECTIONS BASED UPON LOCAL GEOLOGIC, CLIMATIC, OR TOPOGRAPHICAL CONDITIONS. (GARY)
1) RECOMMENDATION: Staff recommends that the City Council adopt Ordinance 659 amending Title 14 of the Adelanto Municipal Code concerning the adoption of the 2025 California Building, Mechanical, Plumbing, Electrical, Fire, Residential, Green Building, Energy, Existing, Administrative Codes, and Referenced Standards, including local amendments thereto; Consider the adoption of the new International Code Council (ICC) building valuation tables (attached).
2) Set a Public Hearing for November 12, 2025, for the Second Reading, when the City Council should open a public hearing and receive comments. After the public hearing is closed, the Council should adopt the Ordinance.
3) Instruct the City Clerk to file the findings with the California Building Standards Commission once the Ordinance comes into effect 30 days after adoption.
M__________________S__________________ACTION_________________
2. APPROVAL OF STADIUM MANAGEMENT REIMBURSEMENT. (DR. KEINAN) RECOMMENDATION: Staff recommends that the City Council approve the reimbursement of the Stadium Management Group.
M__________________S__________________ACTION_________________
3. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT TO BOWMAN COMPANY FOR ENGINEERING SERVICES. (SABA)
RECOMMENDATION: Staff recommends that the City Council approve the Engineering Agreement with Bowman Company in the amount of $1,000,000.00.
M__________________S__________________ACTION______________ 8 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Q. ITEMS REMOVED FROM THE CONSENT CALENDAR
R. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner.
S. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing o T. ADJOURNMENT
The next Regular Meeting of the City Council will be held on December 10, 2025, at 11:00 a.m.
TIME OUT: ______________
M__________________S__________________ACTION____________________ 9 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,
HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON NOVEMBER 7, 2025, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.
Brenda Lopez, City Clerk, CMC
U. DECLARATION OF POSTING
10 REGULAR MEETING
November 12, 2025
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.
CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.
CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.
LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 11 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
NOVEMBER 12, 2025
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
Participate via zoom please log in using any of the options below:
Teleconference https://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09
TIME TELECONFERENCE
To Participate and and Call in for public
comments:
Please call 1-669-900-6833 along with
conference code 931 4644 4676 Passcode: 7601
Closed Session – 10:00 a.m.
Open Session – 11:00 a.m.
Dated: November 7, 2025 Brenda Lopez, City Clerk, CMC
12 1
MINUTES OF THE
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
THE ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
October 6, 2025
A. CALL TO ORDER – CLOSED SESSION
Mayor Reyes called to order the regular meeting at 12:03 p.m.
Council Members present: Evans, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes.
B. DELETIONS / ADDITIONS TO AGENDA
None.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to approve the agenda as presented.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
Property: 11200 Stadium Way, Adelanto CA 92301 APN: 3128-221-26 Agency Negotiator: Todd Litfin, City Attorney
Negotiating Parties: Adelanto Rancho Management Inc. and Stadium Management LLC.
Under Negotiation: Price, and terms of payment
2. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(d)(2): (1 cases)
13 City Council Minutes
Regular Meeting
October 6, 2025
2 City Attorney Litfin announced closed session items.
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Reyes opened public comment at 12:04 p.m. and closed public comment at 12:04 p.m.
F. CONVENE INTO CLOSED SESSION
The City Council convened into closed session at 12:04 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza to convene into closed session.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos, and Mayor Reyes voting yes).
G. CALL TO ORDER-SPECIAL MEETING
Mayor Reyes called to order the special meeting at 12:54 p.m.
Council members present: Evans, Meza, Uptergrove Mayor Pro Tem attended remotely doe to the “The Just Cause” and Mayor Reyes.
Invocation: Council Member Meza
Flag Salute: Mayor Reyes
H. CLOSED SESSION REPORT
City Attorney Litfin reported no reportable action.
I. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 12:56 p.m. and closed public comment at 12:56 p.m. 14 City Council Minutes
Regular Meeting
October 6, 2025
3 J. CONSENT CALENDAR
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
MOTION: Moved by Mayor Pro Tem Ramos seconded Council Member Meza to approve the consent as presented
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this APUA agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approval to Establish Consultants List for On-Call Emergency Repair Services Including Water and Sewer Systems.
3. Approval of the KEC Engineering Plan Check Services Professional Services Agreement.
4. Approval of Warrant Demand Schedule 25/26-04-01
a. City of Adelanto Check Warrant No. 151461 through 151484 in total amount of $146,330.39
b. City of Adelanto EFT No. 4372 through 4442 in total amount of $3,007,701.31 MOTION: Moved by Council Member Evans, seconded by Council Member Meza to approve the APUA consent calendar.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayoe Reyes voted yes)
K. APUA CONSENT CALENDAR
1. Approval of Phase 2 Sensus AMI Implementation Project.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and MayoR Reyes voted yes)
L. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
15 City Council Minutes
Regular Meeting
October 6, 2025
4 FUTURE AGENDA ITEMS
Council Member Evans requested a discussion item for budget to provide lunch for employees that come in to work on a Friday.
MOTION: Moved by Council Member Evan, seconded by Mayor Reyes to bring the item for discussion.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes)
M. ADJOURNMENT
The next Regular Meeting of the City Council will be held October 22, 2025, at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 1:04 p.m.
MOTION: Moved by Mayor Reyes seconded by Council Member Evans to adjourn the meeting.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voting yes)
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
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ORDINANCE NO. 658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, APPROVING AN AMENDMENT TO THE
ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE
PLAN GENERAL PLAN LAND USE AND ZONNING MAP IN
BUSINESS PARK ZONE AND THE AMENDED MIXED USE
OVERLAY ZONE WITHIN THE CITY OF ADELANTO,
CALIFORNIA AND MAKING FINDINGS IN SUPPORT
THEREOF
WHEREAS, the applicant, the City of Adelanto, has initiated General Plan Amendment No. GPA 25-01 and Zone Text Amendment No. ZTA 25-01 to amend the Adelanto North 2035 Comprehensive Sustainable, General Plan Land Use and Zoning Map and Appendix A,
WHEREAS, on September 3, 2025, the City published a legal noticed in a local adjudicated newspaper for General Plan Amendment No. GPA 25-01 and Zone Text Amendment No. ZTA 25-01 recommended approval of the proposed Ordinance after considering public testimony and accompanying documents; and
WHEREAS, the City of Adelanto, as lead agency, determined that an Addendum to the previously adopted 2014 Environmental Impact Report, (EIR) SCH No. 20142031034 should be prepared pursuant to the California Environmental Quality Act (“CEQA”) in order to analyze all adverse environmental impacts of the Project; and WHEREAS, the Addendum was posted on the City Planning website as well as distributed to relevant State agencies pursuant to State CEQA Guidelines. The General Plan, staff reports, amended area map, Appendix A, and the environmental determination is on file and available through the Development Services Department at Adelanto City Hall.; and WHEREAS, the Addendum reflects the independent judgment of the City Council of the City of Adelanto and is deemed adequate for purposes of making decisions on the merits of the proposed General Plan Amendment No. GPA 25-01, Zone Text Amendment No. ZTA 25-01, and accompanying actions; and
WHEREAS, on September 17, 2025, the Planning Commission conducted a duly noticed public hearing on the proposed General Plan Amendment 25-01, Zone Text Amendment 25-01, and considered testimony and materials in the staff report and accompanying documents and exhibits and made a recommendation on the approval of General Plan Amendment 25-01, Zone Text Amendment 25-01; and
103
WHEREAS, on October 22, 2025, the City Council conducted a duly noticed public hearing on the proposed General Plan Amendment 25-01, Zone Text Amendment 25-01, and considered testimony and materials in the staff report and accompanying documents and exhibits; and
WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City Council has reviewed and considered the staff report and accompanying materials prior to taking action on the proposed General Plan Amendment 25-01 and Zone Text Amendment 25-01. The City Council further finds that the City Council’s determinations reflect the independent judgment of the City Council.
SECTION 3. The City Council hereby finds and determines that:
(a) The proposed General Plan Amendment 25-01 and Zone Text Amendment 25-01. are consistent with the goals, policies, and objectives of the General Plan;
(b) The proposed General Plan Amendment 25-01 and Zone Text Amendment 25-01. will not adversely affect surrounding properties in that it has been designed to ensure compatibility with future surrounding land uses; (c) The proposed General Plan Amendment 25-01 and Zone Text Amendment 25-01. does not conflict with provisions of the Zoning Code, subdivision regulation, or any applicable specific plan(s); and
(d) The proposed General Plan Amendment 25-01 and Zone Text Amendment 25-01. changes the land use zoning policy map however will not adversely affect surrounding properties.
The proposed General Plan Amendment and Zone Text Amendment will amend the General Plan Land Use and Zone Map in order to allow for increased housing density, eliminate non-conforming uses and promote economic development opportunities in the Mixed Use Overlay zone.
Further, the proposed area amendments are consistent with the City’s Adelanto North 2035 Sustainable Plan, Chapter 3, Economic Development and will also support State Senate Bill 743, which promotes the reduction of greenhouse gas emissions by lessening Vehicle Miles Traveled, through the development of multimodal transportation networks, and a diversity of land uses. 104
SECTION 4. The Mayor shall sign and the Secretary shall certify the passage and adoption of this General Plan Amendment and Zone Text Amendment.
PASSED, APPROVED AND ADOPTED this 12th of November 2025, by the City of Adelanto.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
105
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 658 was duly introduced for the first reading on the 22nd day of October 2025 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 12th day of November, 2025, by 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 12th of November 2025.
______________________________
Brenda Lopez, City Clerk
106
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: 11/12/2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Diana Gunn, Finance Manager
SUBJECT: Adoption of Resolution No. 25-61 – A Resolution of the City Council of the City of Adelanto, California, Establishing a Policy Regarding Expense Reimbursement and Use of Public Resources
STAFF RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 25-61, which updates and replaces Resolution No. 06-24, to establish a revised Policy Regarding Expense Reimbursement and Use of Public Resources for the City of Adelanto.
BACKGROUND:
On February 22, 2006, the City Council adopted Resolution No. 06-24, establishing the City’s first formal policy regarding the reimbursement of travel, meeting, and other official expenses incurred by City officials and employees while conducting authorized City business.
That resolution was adopted in response to Assembly Bill 1234 (AB 1234), enacted in 2005, which added Government Code Sections 53232 through 53232.4. AB 1234 requires local agencies to adopt a written policy governing reimbursement of expenses for elected and appointed officials and establishes standards for ethics training and the proper use of public resources.
Since 2006, updates in state law, City procedures, and government standards have made it necessary to revise the City’s expense reimbursement policies. Additionally, the prior resolution included fixed mileage and per diem rates that are now outdated due to inflation and evolving federal standards. The proposed policy removes those fixed rates and provides flexible general guidelines that will remain current without requiring frequent Council amendments.
The updated Travel and Expense Reimbursement Policy accomplishes the following:
• Reaffirms compliance with AB 1234 and Government Code Sections 53232–53232.4. • Clarifies procedures for requesting, approving, and documenting reimbursable expenses. • Removes outdated fixed mileage and per diem rates, replacing them with general reimbursement guidelines based on current costs and federal standards. 107
• Defines allowable and non-allowable expenses, including travel, lodging, meals, and incidental costs.
• Reinforces the prohibition against personal use of public resources. • Establishes clear policies for the use of City-owned vehicles and City-issued credit cards. • Outlines approval authority, required documentation, and recordkeeping responsibilities. • Upon adoption, Resolution No. 25-61 will repeal and replace Resolution No. 06-24 in its entirety.
Upon adoption, Resolution No. 25-61 will repeal and replace Resolution No. 06-24, originally adopted on February 22, 2006, in its entirety.
FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of this resolution. The updated policy provides improved guidelines to ensure City funds are used responsibly and in compliance with applicable laws and regulations.
ATTACHMENTS:
Resolution No. 25-61 – A Resolution of the City Council of the City of Adelanto, California, Establishing a Policy Regarding Expense Reimbursement and Use of Public Resources. 108
RESOLUTION NO. 25-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
CALIFORNIA, ESTABLISHING A POLICY REGARDING EXPENSE
REIMBURSEMENT AND USE OF PUBLIC RESOURCES
THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1: Findings
A. The City of Adelanto and the Adelanto City Council take stewardship over the use of limited resources seriously;
B. Public resources should only be used for travel and reimbursing the expenses of public officials when there is a substantial benefit to the City; C. The benefits to the City of reimbursing actual and necessary expenses include:
1. The opportunity to discuss the community’s concerns with state and federal officials;
2. Participating in regional,state and national organizationswhose activities benefit and affect the City;
3. Attending educationalseminars designed to improved officials’skill and information levels through continuing education and information sharing with other public officials; and
4. Promoting public service and morale by recognizing such service.
D. Legislative and otherregional,state and federal agency businessisfrequently conducted over meals; sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City’s policy concerns; and each meal expenditure must comply with the limits and reporting requirements of local, state and federal law;
E. This policy provides guidance to elected and appointed officials (collectively referred to herein as “public officials,” and defined as elected and appointed officials, and to City management staff and employees, as determined appropriate by the City Manager) on the appropriate use and expenditure of City resources, as well as the standards against which those expenditures will be measured;
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F. This policy satisfies the requirements of Government Code Sections 53232.2 and 53233.3; G. This policy supplements the definition of actual and necessary expenses for purposes of applicable state laws relating to permissible uses of public resources; H. This policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws;
I. This policy also applies to any charges made to a City credit card, the use of cash advances or other line of credit for the expenses of any public official of the City.
Section 2, Statement of Policy
A. Authorized Expenses
City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized business of the City. Expensesincurred by public officialsin connection with the following types of activities generally constitute authorized expenses, and may be reimbursed by the City as long as the other requirements of this policy are met:
1. Serving the needs of the residents, businesses and visitors of the City;
2. Communicating with constituents in compliance with applicable laws;
3. Communicating with representatives of regional, state and national government on City policy positions;
4. Attending educational seminars designed to improve public officials’ skill, knowledge, and information levels;
5. Participating in regional, state and national organizations whose activities benefit or affect the City’s interests.
6. Recognizing service to the City (for example, thanking a long-time employee with a retirement gift or celebration or award of nominal value and cost);
7. Attending City, community, regional and other events;
8. Gathering facts and information regarding City projects, issues and priorities in other jurisdictions;
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9. Implementing a City-initiated strategy for attracting or retaining businesses to the City; and
10. Attending meetings such as those listed above for which a meeting stipend is expressly authorized under this policy.
B. Expenses Requiring Prior City Council Approval.
1 . The reimbursement of an expense in excess of $50 for any purpose other than as set forth in Section A hereinabove shall require prior approval of the City Council;
2. Payments for international travel;
3. Expenses which exceed the annual limits established for each office holder, if applicable.
C. Personal Expenses the City Will Not Reimburse.
1. The personal portion of any trip;
2. Political or charitable contributions;
3. Family expenses, including partner’s expenses when accompanying official on agency-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the theater), recreational events (including health clubs and massage services) not related to City business, cultural events not related to City business;
5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or fuel;
6. Personal losses incurred while on City business;
7. Personal alcohol or bar expenses.
Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. 111
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D. Cost Control Guidelines
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. A reasonable attempt to pay in advance with a City check must be made. If the business will not accept a check, a reasonable attempt must be made to pay in advance with a City credit card. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines, unless such excess amounts have been approved in advance by the appropriate authority. 1 . Transportation
The most economical mode and class of transportation reasonably consistent with scheduling needs, the public official’s time constraints, and cargo requirements must be used, using the most direct and time-efficient route. Charges for rental vehicles may be reimbursed under this provision if more than one City official is attending an out of town conference, and it is determined that sharing a rental vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and fuel will be compared to the combined cost of such other forms of transportation. Government or group rates must be used when available. The City Council recognizes and acknowledges that some official are part-time volunteers, and that personal, employment and other commitments may impact the economy of available travel arrangements. a. Airfare. Officials should make every effort to book air travel in a manner that takes advantage of available discounts whenever practical. If booking platforms are used, officials should inquire about government pricing and select the most economical option available. Airfares that are equal to or less than those offered through the Statewide Travel Program (STP) administered by the California Department of General Services (https://www.dgs.ca.gov/OFAM/Travel) are generally presumed to be the most economical and reasonable for reimbursement purposes under this policy. The City Council acknowledges, however, that in certain circumstances such discounted fares may not be practical or available, and higher airfares may be appropriate in individual cases. b. Mileage Reimbursement. Mileage for the use of a privately owned vehicle while conducting authorized City business shall be reimbursed at the current Internal Revenue Service (IRS) standard mileage rate in effect at the time of travel (see www.irs.gov). Mileage reimbursement will not be provided for rental vehicles; only receipted fuel expenses will be reimbursed.
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c. Car Rental. Rental vehicles may be used when other forms of transportation are more costly or impractical. The most economical vehicle class available should be selected, consistent with the purpose of travel. Rental cars may not be used for personal activities, and the City will not cover costs related to extended stays for personal reasons.
Appropriate insurance coverage offered by the rental vendor should be included.
d. Taxis/Shuttles. Taxi, shuttle fares or app-based rideshare services (such as Uber of Lyft) may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal to or less than the cost of car rental, fuel and parking combined, or when such transportation is necessary for timeefficiency.
2. Lodging
Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay.
a. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section. b. Other Lodging. Travelers must request government lodging rates whenever available. Travelers are encouraged to utilize the California Statewide Travel Program for lodging arrangements. The program provides access to negotiated rates with preferred hotels and ensures compliance with state travel policies. If government rates are not available in a given area or at the time of travel, lodging rates that do not exceed the median retail price for that area, as listed on reputable travel websites such as www.hotels.com, www.expedia.com, or equivalentservices,shall be considered reasonable and reimbursable, provided comparable rates can be found under the circumstances.
In exceptional circumstances, the City Manager may approve reimbursement of reasonable lodging expenses that exceed the standards outlined above, when such costs are necessary and properly justified. 113
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3. Meals
Meal expenses and associated gratuities should be moderate, taking into account community standards and prevailing restaurants costs in the area of travel. Actual meal expenses and associated gratuities will be reimbursed or paid when incurred by the member in the performance of official duties.
Officials may not claim meals provided by the City, meals included in hotel expenses or conference fees, meals included in transportation costs such as airline tickets, or meals that are otherwise provided. Snacks and continental breakfasts such as rolls, juice, and coffee are not considered to be meals.
No meal or expense may be claimed or reimbursed more than once in any given 24 hour period.
All meal reimbursements shall follow the current U.S. General Services Administration per diem rates or the Internal Revenue Service (IRS per diem information, available at www.gsa.gov/perdiem or www.irs.gov.
The City will not reimburse personal alcohol or bar expenses.
Officials shall, when available, take meals that are provided as part of a seminar or conference registration fee.
4. Telephone/Fax/Cellular
City Officials will be reimbursed for all actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business. For cellular calls when the official has a particular number of minutes included in the official’s plan, the official can identify the percentage of calls made on public business and be reimbursed for that percentage of applicable charges. The City may provide cellular telephones at the City’s cost for the use of public officials for City business.
5. Airport, and Other Parking Charges
The City will reimburse airport and other parking costs based on actual costs for travel exceeding 24 hours, at the equivalent of long-term parking rates.. 114
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6. Other Travel-Related Expense and Use of City-Owned Vehicles a. Other Travel-related charges. Reimbursement for toll roads, and other incidental travel expenses will be allowed only if the traveler provides documentation showing the specific location, date, and purpose of the travel.
Reasonable baggage handling fees (such as porter or bellhop tips) and gratuities customary to the service provided will be reimbursed, generally not to exceed $2 per bag and up to 15 percent for meal or transportation-related services.
b. Use of City-Owned Vehicles. City-owned vehicles should be used for official City business whenever feasible. Travelers using City-owned vehicles are not eligible for mileage reimbursement. Use of City vehicles must comply with all City vehicle policies, including licensing, insurance, and safety requirements.
Any personal use of City-owned vehicles is prohibited unless specifically authorized.
Expenses for which City officials receive reimbursement or direct payment from another agency are not eligible for reimbursement by the City.
7. Per Diem Policy
a. Per Diems. City officials traveling on approved City business may receive a per diem advance for meals and incidental expenses, based on the current U.S.
General Services Administration (GSA) per diem rates at www.gsa.gov/perdiem. Per diem advances will be issued at least one business day before the start of travel, once all travel authorizations are approved. b. Meal Reimbursement Restrictions. If a traveler has received a per diem, they should not be reimbursed for meals separately or use the City credit card to pay for meals. No meal or other travel expense may be claimed or reimbursed more than once within any 24-hour period.
c. Per Diem Reconciliation and Travel Changes. If travel plans change, the traveler must notify the Finance Department to reconcile any overpayment or underpayment. Any unused funds must be returned to the City within five business days after returning from travel along with an expense report and receipts.
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For City employees, the City Manager shall make the final decision regarding compliance with this policy. For the expenses of the City Manager and elected City Officials, the City Council shall make such decisions, if necessary.
In the event the City Manager is uncertain as to whether a request complies with this policy, such individual must seek resolution from Finance or Personnel. In the event the Finance or Personnel is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council.
8. Credit Card Use Policy
The City does not issue credit cards in the name of City officials but does have a credit card for selected City expenses. City officials may use the City’s credit card, if one has been issued, for such purposes as airline tickets, meals and hotel reservations. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted within five (5) business days of the end of use.
City credit cards may not be used at any time for personal expenses, even if the official subsequently reimburses the City.
9. Expense Report Content and Submission Deadline
All cash advance expenditures, credit card expenditures and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory:
All expenses reported on this form must comply with the City’s policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City’s policies may include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability.
Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the official should explain whose meals were purchased, what issues were discussed and how those relate to the City’s adopted legislative positions and priorities. 116
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Except as required sooner by this policy, officials must submit their expense reports within thirty (30) calendar days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. The inability to provide such documentation in a timely fashion may result in the expense being borne by the official.
10. Verification of Expense Reports
All expenses are subject to verification that they comply with this policy. The City Council and/or the Finance Director or his/her designee may request additional documentation or explanation of individual expenditures for which reimbursement is requested by a public official.
11. Reports to the Public
At a subsequent City Council meeting, each public officialshall briefly report, orally or in writing, on meetings attended at City expense. If multiple officials attended an event, a joint report or individual report on behalf of all attendees may be made.
12. Compliance with Laws
City officials should keep in mind that some expenditures could be subject to reporting under the Political Reform Act and other laws. Records of all City expenditures and documentation regarding expense reimbursements are public records subject to disclosure under the Public Records Act.
13. Violation of This Policy
Use of public resources or falsification of expense reports in violation of this policy may result in any or all of the following:
a. Loss of reimbursement privileges;
b. A demand for restitution to the City;
c. The City’s reporting the expenses as income to the official to state and federal tax authorities;
d. Civil penalties of up to $1,000 per day and three times the value of the resources used; and/or
e. Prosecution for misuse of public resources.
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Section 3. Severability
If any section,subsection, sentence, clause, portion or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions or phrases of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, portion or phrase without regard to whether any other section, subsection, sentence, clause, portion or phrase of the Resolution would be subsequently declared invalid or unconstitutional. 118
PASSED, APPROVEDAND ADOPTED atregularmeeting oftheCityCouncil ofthe City of Adelanto, held on the 12th day of November, 2025. ______________________________
Gabriel Reyes, Mayor
ATTEST:
__________________________________
Brenda Lopez, City Clerk
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CITY COUNCIL
AGENDA REPORT
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STAFF RECOMMENDATION:
Staff recommend that the City Council accept the monthly Business License Division report for the period ending October 2025.
BACKGROUND:
The New Business Activity Listing exhibits all the new business licenses processed during the month.
The report includes new applicants and businesses that renewed their annual license with the City.
Anyone doing business within the City must obtain a business license.
The Cash Receipt Listing exhibit lists all money the Business License Division received for issuing new business licenses, business license renewals, or a temporary business license.
FISCAL IMPACT:
A total of $34,175 was processed and issued in October 2025.
ATTACHMENTS:
1. Monthly New Business Activity Listing for October2025.
2. Monthly Cash Receipt List for October 2025.
DATE: Wednesday, November 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: HdL Companies / Via: Brenda Lopez, City Clerk
SUBJECT: BUSINESS LICENSE REPORT – OCTOBER 2025
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AGENDA REPORT
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OCTOBER SUMMARY:
43%
9%
16%
28%
3%
1%
Contractors (46) General Service (9) General Retail (17) Rental Property (30) Professional (3) Manufacturing (1) 0 25
50 75
100
125
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2021 2022 2023 2024 2025
Business License Accounts Processed by Rate Category
(Total Record Count = 106)
51%
49%
Based Outside the City = 54 Based Inside the City = 52
TOTAL NUMBER OF ACCOUNTS PROCESSED BUSINESS LICENSES ISSUED BY LOCATION 121
Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount 10327 TANDIS CT 10327 TANDIS CT 3: Group 3: Rental Properties Yes New Application 2025-10-01 $39.40 17929 STEVENS ST 17929 STEVENS ST 3: Group 3: Rental Properties Yes First Renewal 2025-10-12 $29.00 818 BRANDS ADELANTO, LLC 17451 MUSKRAT AVE UNIT 9 1: Group 1: General/Retail Yes Renewal 2025-10-01 $29.00 818 BRANDS HIGH DESERT 2, LLC 17329 MUSKRAT AVE UNIT 15 1: Group 1: General/Retail Yes Renewal 2025-10-01 $29.00 818 BRANDS MUSKRAT 3 LLC 17345 MUSKRAT AVE UNIT 18 1: Group 1: General/Retail Yes Renewal 2025-10-01 $29.00 ALL AMERICAN FENCE ERECTORS 16653 WALNUT ST 5: Group 5: Contractors No Renewal 2025-10-01 $29.00 AMBER JUDGE 12054 SAND AVE UNIT A, B 3: Group 3: Rental Properties Yes Renewal 2025-10-30 $29.00 APPLE VALLEY INSULATION CONTRACTORS, INC 17525 CATALPA #106 5: Group 5: Contractors No Renewal 2025-10-28 $29.00 ASPLUNDH CONSTRUCTION LLC 5856 CORPORATE AVE STE 110 5: Group 5: Contractors No Reinstated 2025-10-01 $29.00 ASSOCIATED SOILS ENGINEERING INC 2860 WALNUT AVE 2: Group 2: Professional No Renewal 2025-10-25 $29.00 BLACK BAR ENTERPRISE 9337 COMMERCE WAY 4: Group 4: Services Yes New Application 2025-10-20 $29.00 BLUESTAR PROPERTIES, INC. 12176 INDUSTRIAL BLVD #1 3: Group 3: Rental Properties No Renewal 2025-10-29 $128.46 CARLOS ROKEZ 18512 CASABA 3: Group 3: Rental Properties Yes Renewal 2025-10-18 $30.00 CELL-CRETE FIREPROOFING 135 RAILROAD AVE 5: Group 5: Contractors No New Application 2025-10-21 $3,056.50 CHARLES L. WHITFIELD 12636 HIGH BLUFF DR STE 400 5: Group 5: Contractors No New Application 2025-10-06 $29.00 CLEMMER SERVICES, INC 200 N SECOND AVE 5: Group 5: Contractors No Renewal 2025-10-06 $97.28 D 7 ROOFING SERVICES INC 2851 GOLD TAILINGS CT 5: Group 5: Contractors No First Renewal 2025-10-10 $275.75 D.R. HORTON AMERICA'S BUILDER 2280 WARDLOW CIR STE 100 5: Group 5: Contractors No Renewal 2025-10-27 $29.00 DAVID ROMAN ROCHA OREGEL 11966 ARROYO AVE 5: Group 5: Contractors No New Application 2025-10-01 $29.00 DENNIS TEK ELECTRIC INC. 9827 MOCKINGBIRD AVE 5: Group 5: Contractors No Renewal 2025-10-19 $46.50 DESIGNING MANUFACTURING INSTALLATION 9425 COMMERCE WAY 1: Group 1: General/Retail Yes Renewal 2025-10-18 $1,972.75 DIAMOND ENVIRONMENTAL SERVICES, LP 807 E MISSION RD 1: Group 1: General/Retail No New Application 2025-10-01 $29.00 DINUR REVOCABLE LIVING TRUST 11 21 2 14626 GRAY ST Hotels,Motels & Other Rental Units Yes First Renewal 2025-10-02 $4.00 DITTEMORE INSULATION CONTRACTORS, INC. 805 E CERRITOS AVE 5: Group 5: Contractors No New Application 2025-10-01 $38.50 DRUCKENMILLER ROOFING CO INC 13782 BEAR VALLEY RD #109 5: Group 5: Contractors No New Application 2025-10-31 $29.00 EMPIRE GENTLEMEN'S CLUB 17125 RACOON AVE UNIT D 4: Group 4: Services Yes Renewal 2025-10-02 $260.00 ENOVATIVE MECHANICAL AND ENERGY SERVICES 440 N BARRANCA AVE #5425 5: Group 5: Contractors No New Application 2025-10-09 $29.00 Process Summary:
New Accounts: 23
Renewal Accounts: 79
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: October 2025
Total Licenses Processed: 106
122
Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount ENTIRELY MOBILE 21921 NATIONAL TRAILS HWY 4: Group 4: Services No Renewal 2025-10-13 $29.00 ERIKA REYNOLDS 17996 BELLFLOWER A 3: Group 3: Rental Properties Yes Renewal 2025-10-05 $29.00 ESP CONTRACTING 970 W 190TH ST STE 215 5: Group 5: Contractors No Renewal 2025-10-03 $1,430.50 ESPINDOLA PROPERTIES 12011 BROCKMAN AVE 3: Group 3: Rental Properties Yes First Renewal 2025-10-18 $29.00 ESS CONSTRUCTION INC. 2687 SAGETREE LN 5: Group 5: Contractors No First Renewal 2025-10-25 $204.00 FAST TRACK CONSTRUCTION & RESTORATION 16307 LIME ST 5: Group 5: Contractors No Renewal 2025-10-08 $29.00 FELIPE BUSTAMANTE 17841 AVERY ST Hotels,Motels & Other Rental Units Yes Renewal 2025-10-28 $4.00 FENCE GUYS INC 7815 PISMO AVE 5: Group 5: Contractors No New Application 2025-10-24 $29.00 FIBER CARE BATHS, INC. 9832 YUCCA RD B 1: Group 1: General/Retail Yes Renewal 2025-10-01 $353.21 FRANCISCA ROMERO 15334 KEARNEY 3: Group 3: Rental Properties Yes Renewal 2025-10-30 $29.00 FRED LOYA INSURANCE 14196 US HWY 395 UNIT A5 2: Group 2: Professional Yes Renewal 2025-10-19 $1,797.51 FREEDOM FOREVER SOUTHERN CALIFORNIA, LLC 43445 BUSINESS PARK DR STE 104 5: Group 5: Contractors No First Renewal 2025-10-21 $29.00 GEOBUILD CONSTRUCTION INC 105 N EVERETT ST 5: Group 5: Contractors No New Application 2025-10-16 $291.50 GREEN TERE SOLUTION 14654 ALLISON ST 1: Group 1: General/Retail Yes First Renewal 2025-10-22 $158.59 HD HEALTH INDUSTRIES INC 10042 RANCHO RD 1: Group 1: General/Retail Yes Renewal 2025-10-08 $597.81 HIGH DESERT LOCK & SAFE 9208 G AVE 4: Group 4: Services No Renewal 2025-10-05 $29.00 INTERIOR SPECIALIST, INC 15822 BERNARDO CENTER DR STE 102 5: Group 5: Contractors No Renewal 2025-10-27 $754.94 J.E. MILLER & ASSOCIATES 16085 TUSCOLA RD STE 1 2: Group 2: Professional No Renewal 2025-10-26 $29.00 JAX GENERAL CONSTRUCTION INC 8175 VALENCIA ST 5: Group 5: Contractors No New Application 2025-10-15 $571.50 JOURNEY BUILDERS 3111 WINONA AVE UNIT 103 5: Group 5: Contractors No Renewal 2025-10-13 $29.00 JUAN G. HUALLPA 18242 LARKSPUR RD 3: Group 3: Rental Properties Yes Renewal 2025-10-03 $29.00 KOSO PROPERTIES, LLC 11833 BARTLETT AVE 4: Group 4: Services Yes Renewal 2025-10-02 $29.00 LAKESIDE HEATING + AC 14742 PENDLETON ST 5: Group 5: Contractors No Renewal 2025-10-14 $29.00 LEE'S AIR PLUMBING & HEATING 2440 S GEARHART AVE STE 101 5: Group 5: Contractors No New Application 2025-10-09 $29.00 LEE'S DONUTS, INC. 12091 AIR EXPRESSWAY 1: Group 1: General/Retail Yes Renewal 2025-10-01 $97.93 LEONARD ROOFING, INC. 43280 BUSINESS PARK #107 5: Group 5: Contractors No Renewal 2025-10-02 $30.75 LY-CHENG MOSIER 10566 CHESTERFIELD ST 3: Group 3: Rental Properties Yes Renewal 2025-10-23 $29.00 Process Summary:
New Accounts: 23
Renewal Accounts: 79
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: October 2025
Total Licenses Processed: 106
123
Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount MAGGIE W STEVENS 11789 JUSTINE WAY 3: Group 3: Rental Properties Yes Renewal 2025-10-22 $33.59 MARIA TAGLIANI 15444 PEARMAIN ST 3: Group 3: Rental Properties Yes First Renewal 2025-10-02 $29.00 MAV TRUCKING, LLC 15141 DESERT ST 4: Group 4: Services Yes Renewal 2025-10-28 $29.00 MCDONALD'S 15321 US HIGHWAY 395 1: Group 1: General/Retail Yes New Application 2025-10-13 $1,997.75 MILLENNIUM FIRE PROTECTION CORPORATION 4040 CALLE PLATINO STE 102 5: Group 5: Contractors No New Application 2025-10-01 $116.50 MOJI GENETICS 16425 BEAVER RD 1: Group 1: General/Retail Yes Renewal 2025-10-02 $29.00 MOJI GENETICS 16425 BEAVER RD 4: Group 4: Services Yes Renewal 2025-10-02 $29.00 MONTEREY RENTAL 14563 MONTEREY PL 3: Group 3: Rental Properties Yes First Renewal 2025-10-16 $29.00 MWC GROUP INC 12321 HIBISCUS RD 5: Group 5: Contractors Yes Renewal 2025-10-31 $75.43 NEW GENESIS CORP 17323 MUSKRAT AVE UNIT 4 1: Group 1: General/Retail Yes Renewal 2025-10-21 $1,810.25 NP MECHANICAL, INC 9129 STELLAR CT 5: Group 5: Contractors No Renewal 2025-10-02 $233.94 ODYSSEY ENERGY SYSTEMS 3947 W MCFADDEN AVE #D 5: Group 5: Contractors No New Application 2025-10-01 $29.00 OSCAR CAMARGO 14287 KATIE DR 3: Group 3: Rental Properties Yes Renewal 2025-10-02 $29.00 OVER CURRENT ELECTRIC 31114 RUIDOSA ST 5: Group 5: Contractors No New Application 2025-10-06 $116.50 PALM CONSTRUCTION LOS - ANGELES 1730 W CAMERON AVE STE 200 5: Group 5: Contractors No New Application 2025-10-27 $29.00 PASCAL STEEL CORPORATION 555 2ND ST 4 5: Group 5: Contractors No Renewal 2025-10-19 $29.00 PHONESAVANG THAVONE 14968 CHRISTOPHER ST Hotels,Motels & Other Rental Units Yes Renewal 2025-10-03 $4.00 POWER PLUS 5500 E LA PALMA AVE 5: Group 5: Contractors No Renewal 2025-10-06 $328.80 PRASHANT SHANGLE 11536 AZALIA DR 3: Group 3: Rental Properties Yes Renewal 2025-10-24 $29.00 R & S BEVERAGE COMPANY 17500 ADELANTO 1: Group 1: General/Retail Yes Renewal 2025-10-31 $247.75 REYES COCA-COLA BOTTLING, LLC. 17220 N NUTRO WAY 4: Group 4: Services No Renewal 2025-10-28 $3,126.68 RICHARD BUENO 14470 JEREMIAH ST 3: Group 3: Rental Properties Yes Renewal 2025-10-22 $29.00 RODEWAY INN 11625 LAWSON AVE 3: Group 3: Rental Properties Yes Renewal 2025-10-18 $169.51 SALUD ORGANICS, INC 17319 MUSKRAT AVE 1: Group 1: General/Retail Yes Renewal 2025-10-10 $6,637.19 SANDRA & JAVIER GARCIA 11850 CLIFFROSE CT 3: Group 3: Rental Properties Yes Renewal 2025-10-04 $29.00 SANJUANA DELATORRE SALAS 17944 KENDALL CIR 3: Group 3: Rental Properties Yes New Application 2025-10-01 $44.20 SARA MEDINA 19027 JOSHUA ST 3: Group 3: Rental Properties Yes Renewal 2025-10-02 $29.00 SAVANNAH BEST CARE CONGREGATE HOUSE 14434 SAVANNA ST 4: Group 4: Services Yes Renewal 2025-10-04 $4,171.45 SIGNRESOURCE LLC 242 INDUSTRIAL PKWY 5: Group 5: Contractors No New Application 2025-10-10 $29.00 Process Summary:
New Accounts: 23
Renewal Accounts: 79
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: October 2025
Total Licenses Processed: 106
124
Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount SOLAR NEGOTIATORS 4603 W JENNIFER AVE 5: Group 5: Contractors No First Renewal 2025-10-18 $60.50 SUNNY SPROUTS LLC 10176 APACHE RD 1: Group 1: General/Retail Yes New Application 2025-10-30 $494.75 SYNERGY COMPANIES 28436 SATELLITE ST 5: Group 5: Contractors No Reinstated 2025-10-28 $29.00 TAK COMMUNICATIONS CA LLC 4401 S TECHNOLOGY DR STE 3 5: Group 5: Contractors No Reinstated 2025-10-01 $29.00 TESLA ENERGY OPERATIONS, INC 18499 PHANTOM ST # 8 5: Group 5: Contractors No Renewal 2025-10-25 $29.00 THE RIPPER BROTHERS 18907 MUSKRAT AVE 1: Group 1: General/Retail Yes New Application 2025-10-01 $29.00 THEODOR BORITZKI 15015 LEXINGTON ST 3: Group 3: Rental Properties Yes Renewal 2025-10-07 $29.00 THEODOR BORITZKI 11764 STOCKTON ST 3: Group 3: Rental Properties Yes Renewal 2025-10-07 $32.68 THEODORE BORITZKI 14934 DRAGON TREE DR 3: Group 3: Rental Properties No Renewal 2025-10-07 $56.68 TJP INVESTMENTS LLC 10839 HICKORY STREET 3: Group 3: Rental Properties Yes Renewal 2025-10-23 $99.14 TRIANGLE FIRE PROTECTION AND SPRINKLERS INC 570 PALM DR 5: Group 5: Contractors No New Application 2025-10-20 $29.00 UNITED ONE ADELANTO LLC 10150 APACHE RD 1: Group 1: General/Retail Yes Renewal 2025-10-27 $29.00 UNITED PAVING CO. 1880 N DELILAH ST 5: Group 5: Contractors No Renewal 2025-10-02 $204.00 UNIVERCITY SOLAR ELECTRIC 7493 FOLEY RD 5: Group 5: Contractors No Reinstated 2025-10-28 $29.00 VARAPORN PALACHAN 10739 DOVE 3: Group 3: Rental Properties Yes Renewal 2025-10-09 $29.00 VERN'S GLASS 15361 ANACAPA RD 5: Group 5: Contractors No Renewal 2025-10-26 $29.00 VICTOR AYON MARTINEZ 11176 TAMARISK 3: Group 3: Rental Properties Yes Renewal 2025-10-24 $29.00 W A RASIC CONSTRUCTION COMPANY INC 4150 LONG BEACH RD 5: Group 5: Contractors No Renewal 2025-10-22 $56.94 WARREN W. MEYER & SONS CONSTRUCTION, INC 18194 CHERRY 5: Group 5: Contractors No Renewal 2025-10-14 $29.00 WEST COAST AEROSPACE, INC. 16420 BEAVER Manufacturing Yes Renewal 2025-10-05 $4.00 WEST COUNTRY HVAC 10360 I AVE #A 5: Group 5: Contractors No Renewal 2025-10-27 $100.47 ZEB'S PLUMBING INC 13720 WAWONA RD 5: Group 5: Contractors No Renewal 2025-10-06 $29.00 ZEBEDEE COOK, JR 15240 LAS FLORES 3: Group 3: Rental Properties No Renewal 2025-10-29 $29.00 Process Summary:
New Accounts: 23
Renewal Accounts: 79
Reinstated Accounts: 4 Attachment No. 1
Reporting Period: October 2025
Total Licenses Processed: 106
125
Totals for New Receipts
Summary by GL Account #
Paid to Client
100-0000-43035 $50.00
Building Dept - Home Occupation Zoning Fees $372.00
SB-1186 Fees - City Portion $3.60
SB-1186 Fees - State Portion $0.40
Total: $426.00
Paid to HdL
100-0000-43035 $47,806.98
Building Dept - Commercial Zoning Fees $1,743.00
Building Dept - Home Occupation Zoning Fees $2,019.00
Business License Tax - G/L #100-0000-43035 $4,157.00
Interest $715.16
Penalties - G/L #100-0000-43035 $2,928.30
SB-1186 Fees - City Portion $1,014.40
SB-1186 Fees - State Portion $113.60
Total: $60,497.44
Summary by Payment Type
27 Check 20,037.31
1 Credit Balance -
120 Credit Card 25,583.51
32 eCheck 14,876.62
2 Paid at City 426.00
182 Grand Total: $60,923.44
Summary by Geo Area
182 60,923.44
182 Grand Total $60,923.44
City of Adelanto
Business License Division
Cash Receipts Summary
10/01/2025 to 10/31/2025
Attachment 2
126
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
STAFF RECOMMENDATION:
Staff recommends that City Council review and ratify Warrant Demand Schedule 25/26-05-01.
1. City of Adelanto Check Warrant No. 151521 through 151548 in the total amount of $62,289.88.
2. City of Adelanto EFT No. 4480 through 4565 in the total amount of $2,441,751.52.
BACKGROUND:
All payments have been reviewed in accordance with policies for processing payments and expenditures.
FISCAL IMPACT:
Summary of Payments issued:
Total Number of Payments: 114
Total Amount of Payments: $2,504,041.40
ATTACHMENTS:
1. Payment Check Register – Check No. 151521 through 151548
2. Payment EFT Register – EFT No. 4480 through 4565
DATE: November 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 25/26-05-01
127
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
151527 10/22/2025 Open Utility Management
Refund
DARLING INVESTMENT $288.54 $288.54 $0.00
Account Type Account Number Description Transaction Date Transaction Type R1NG 10006122-003 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
10/16/2025 MISC
151528 10/22/2025 Open Utility Management
Refund
HANN, GARY, ALBERT $111.95
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 70006221-002 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
10/16/2025 MISC
151529 10/22/2025 Open Utility Management
Refund
PASCHKE, JOSHUA OR AMANDA $164.30 $164.30 $0.00
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 13007097-007 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
10/16/2025 MISC
151530 10/22/2025 Open Utility Management
Refund
YAO, TINA $169.01
Account Type Account Number Description Transaction Date Transaction Type R1NG 10003993-003 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
10/16/2025 MISC
151531 10/22/2025 Open Utility Management
Refund
ZEIN, FIRAS $264.76
Account Type Account Number Description Transaction Date Transaction Type R1NG 40015839-010 DEPOSIT REFUND FOR
INACTVIE ACCOUNT
10/16/2025 MISC
151532 10/23/2025 Open Utility Management
Refund
ALLEN, DELVORINE $367.30 $367.30 $0.00
Account Type Account Number Description Transaction Date Transaction Type R1NG 10012037-002 DEPOSIT REFUND FOR
EXCELLENT PAYMENT
HISTORY FOR 12
CONSECUTIVE MONTHS
10/20/2025 REFUND ADJUSTMENT
151533 10/23/2025 Open Utility Management
Refund
BARONA, DANIEL $129.47
Account Type Account Number Description Transaction Date Transaction Type R1NG 30009332-001 DEPOSIT REFUND FOR
CLOSED ACCT
10/14/2025 MISC
151534 10/23/2025 Open Utility Management
Refund
HILLTOP GROUP INC $1,674.52
Account Type Account Number Description Transaction Date Transaction Type C3N 00011561-004 DEPOSIT REFUND FOR
CLOSED ACCT
10/15/2025 REFUND ADJUSTMENT
user: AP Pages: 1 of 4 Tuesday, November 4, 2025
128
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151535 10/23/2025 Open Utility Management
Refund
LARA , DAYANNA $117.89
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 16001106-006 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
10/22/2025 MISC
151536 10/23/2025 Open Utility Management
Refund
NOVELO, VALERIE $161.30
Account Type Account Number Description Transaction Date Transaction Type DUPLEX 10008122-002 DEPOSIT REFUND FOR
CLOSED ACCT
10/22/2025 MISC
151537 10/23/2025 Open Utility Management
Refund
SANTILLAN, JONATHAN $302.66 $302.66 $0.00
Account Type Account Number Description Transaction Date Transaction Type RESIDENTIAL 60006083-003 DEPOSIT REFUND FOR
CLOSED ACCT
10/21/2025 MISC
151538 10/23/2025 Open Utility Management
Refund
SCARBROUGH, RAECHELLE $314.92
Account Type Account Number Description Transaction Date Transaction Type LINOD 20016671-004 DEPOSIT REFUND FOR
EXCELLENT PAYMENT
HISTORY FOR 12
CONSECUTIVE MONTHS
10/20/2025 REFUND ADJUSTMENT
151539 10/23/2025 Open Utility Management
Refund
TORRES, SERGIO $34.00
Account Type Account Number Description Transaction Date Transaction Type R1NG 00013312-001 DEPOSIT REFUND FOR
CLOSED ACCT
10/21/2025 MISC
151543 10/30/2025 Open Accounts Payable BURRTEC WASTE
INDUSTRIES,INC.
$31,770.66
Invoice Date Description Amount
10282025 10/29/2025 Tax Roll Collection Fees $31,770.66 151544 10/30/2025 Open Utility Management
Refund
ADELANTO MHP LLC $1,338.73
Account Type Account Number Description Transaction Date Transaction Type APARTMENT 25+ 00004189-002 EARLY REFUND FOR 12-
CONSECUTIVE ON TIME
PAYMENTS
10/27/2025 REFUND ADJUSTMENT
151545 10/30/2025 Open Utility Management
Refund
ALEJO, EDDIE $247.77
Account Type Account Number Description Transaction Date Transaction Type R1NG 00000016-002 EARLY REFUND FOR 12
CONSECUTIVE ON TIME
PAYMENTS
10/29/2025 REFUND ADJUSTMENT
151546 10/30/2025 Open Utility Management
Refund
ESPINDOLA, NANCY $75.93
Account Type Account Number Description Transaction Date Transaction Type R1NG 11002054-004 DEPOSIT REFUND FOR
INACTIVE ACCOUNT
10/28/2025 MISC
user: AP Pages: 2 of 4 Tuesday, November 4, 2025
129
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151547 10/30/2025 Open Utility Management
Refund
GOMEZ, ERICK $303.28
Account Type Account Number Description Transaction Date Transaction Type R1NG 50003217-003 EARLY DEPOSIT REFUND
FOR 12-CONSECUTIVE ON
TIME PAYMENTS
10/23/2025 REFUND ADJUSTMENT
Type Check Totals: 18 Transactions $37,836.99 $1,122.80 $0.00 04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 18 $37,836.99 $1,122.80
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 18 $37,836.99 $1,122.80
All Status Count Transaction Amount Reconciled Amount
Open 18 $37,836.99 $1,122.80
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 18 $37,836.99 $1,122.80
Flagstar AP - Accounts Payable
Check
151521 10/16/2025 Open Accounts Payable HDO13 HOLDINGS LLC $8,292.60 $8,292.60 $0.00 Invoice Date Description Amount
10152025 10/15/2025 Refund - Overpayment on Business License $8,292.60 151522 10/16/2025 Open Accounts Payable OCHOA, EDUARDO $128.75 $128.75 $0.00 Invoice Date Description Amount
10162025 10/16/2025 Reimbursement for Alfalfa (HAY) Purchased for Movie Night
$128.75
151523 10/21/2025 Open Accounts Payable REYES, GABRIEL $238.00 $238.00 $0.00 Invoice Date Description Amount
10212025 10/21/2025 Per Diem: CalArts Event in Reno, Nevada $238.00 151524 10/22/2025 Open Accounts Payable CARL WARREN & COMPANY LLC $6,000.00 Invoice Date Description Amount
CWC-2056142 10/21/2025 Annual Administrative Fee: 07/01/25-06/30/25 $6,000.00 151525 10/22/2025 Open Accounts Payable COMMUNITY HEALTH ACTION
NETWORK
$5,160.00 $5,160.00 $0.00
Invoice Date Description Amount
05 10/20/2025 Emergency Assistance Program - September 2025 $1,540.00 04 10/20/2025 Emergency Assistance Program - August 2025 $2,020.00 03 10/20/2025 Emergency Assistance Program - July 2025 $1,600.00 151526 10/22/2025 Open Accounts Payable COUNTY OF SAN BERNARDINO (TREASURER/TAX)
$2,216.84
Invoice Date Description Amount
20251299641 10/20/2025 Annual Property Tax for APN 0459-211-05-0-000 $76.70 20251319142 10/20/2025 Annual Property Tax for APN 0468-261-63-0-000 $591.85 20251319143 10/20/2025 Annual Property Tax for APN 0468-261-64-0-000 $70.86 user: AP Pages: 3 of 4 Tuesday, November 4, 2025
130
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
20251321356 10/20/2025 Annual Property Tax for APN 0472-171-41-0-000 $1,477.43 151540 10/28/2025 Open Accounts Payable ZECENA, SAUL $90.00 Invoice Date Description Amount
10272025 10/27/2025 Reimbursement for DOT Physical - Class B License Renewal
$90.00
151541 10/30/2025 Open Accounts Payable MARY MANZO $1,724.70 $1,724.70 $0.00 Invoice Date Description Amount
182 10/29/2025 Janitorial Services: 10/16/25-10/31/25 $1,724.70 151542 10/30/2025 Open Accounts Payable RAMOS, DANIEL $301.00 $301.00 $0.00 Invoice Date Description Amount
10292025 10/29/2025 Per Diem: California Transit Conference in Long Beach $301.00 151548 11/03/2025 Open Accounts Payable STEVEVONNA EVANS $301.00 Invoice Date Description Amount
11032025 11/03/2025 Per Diem: South Western Air Group in Phoenix, Arizona
$301.00
Type Check Totals: 10 Transactions $24,452.89 $15,845.05 $0.00 Flagstar AP - Accounts Payable Totals
Checks Status Count Transaction Amount Reconciled Amount Open 10 $24,452.89 $15,845.05
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 10 $24,452.89 $15,845.05
All Status Count Transaction Amount Reconciled Amount
Open 10 $24,452.89 $15,845.05
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 10 $24,452.89 $15,845.05
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 28 $62,289.88 $16,967.85
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $62,289.88 $16,967.85
All Status Count Transaction Amount Reconciled Amount
Open 28 $62,289.88 $16,967.85
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $62,289.88 $16,967.85
user: AP Pages: 4 of 4 Tuesday, November 4, 2025
131
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Flagstar AP - Accounts Payable
EFT
4480 10/15/2025 Reconciled 10/15/2025 Accounts Payable GATEWAY PET CEMETERY INC. $700.00 $700.00 $0.00 Invoice Date Description Amount
1918a 02/01/2024 Disposal Service - January 2024 $350.00 1921a 05/01/2024 Disposal Service - April 2024 $350.00
4481 10/16/2025 Reconciled 10/16/2025 Accounts Payable ALBERT A WEBB ASSOCIATES $7,425.25 $7,425.25 $0.00 Invoice Date Description Amount
ARIV0007216 10/16/2025 Prepared Hydraulic Analysis & Submission for Steelwave Project
$7,425.25
4482 10/16/2025 Reconciled 10/16/2025 Accounts Payable CHARTER COMMUNICATIONS $6,613.01 $6,613.01 $0.00 Invoice Date Description Amount
170387801100125 10/01/2025 Services for All Departments: 10/04/25-11/03/25 $6,613.01 4483 10/16/2025 Reconciled 10/16/2025 Accounts Payable CHAVEZ, ROSEMARIE $555.00 $555.00 $0.00 Invoice Date Description Amount
10152025 10/14/2025 Healthcare Reimbursement - July-September 2025 $555.00 4484 10/16/2025 Reconciled 10/16/2025 Accounts Payable CHURCH, LAWRENCE $501.09 $501.09 $0.00 Invoice Date Description Amount
10152025 10/14/2025 Healthcare Reimbursement - July-September 2025 $501.09 4485 10/16/2025 Reconciled 10/16/2025 Accounts Payable FESSENDEN, DONALD $721.38 $721.38 $0.00 Invoice Date Description Amount
10152025 10/14/2025 Healthcare Reimbursement - July-September 2025 $721.38 4486 10/16/2025 Reconciled 10/16/2025 Accounts Payable FIGUEROA, JOSE $1,586.43 $1,586.43 $0.00 Invoice Date Description Amount
10152025 10/14/2025 Healthcare Reimbursement - July-September 2025 $1,586.43 4487 10/16/2025 Reconciled 10/16/2025 Accounts Payable GONZALES, FLORENTINO $714.30 $714.30 $0.00 Invoice Date Description Amount
10152025 10/14/2025 Healthcare Reimbursement - July-September 2025 $714.30 4488 10/16/2025 Reconciled 10/16/2025 Accounts Payable INFOSEND $5,241.98 $5,241.98 $0.00 Invoice Date Description Amount
295552 09/30/2025 Utility Billing Statements-Processing/Postage $5,241.98 4489 10/16/2025 Reconciled 10/16/2025 Accounts Payable PERC WATER CORPORATION $684,490.29 $684,490.29 $0.00 Invoice Date Description Amount
7008 08/01/2025 Process Improvement Plan $684,490.29
4490 10/16/2025 Reconciled 10/16/2025 Accounts Payable STONESIFER, JACK $510.30 $510.30 $0.00 Invoice Date Description Amount
10152025 10/14/2025 Healthcare Reimbursement - July-September 2025 $510.30 4491 10/16/2025 Reconciled 10/16/2025 Accounts Payable WAPPLER, DONALD $694.38 $694.38 $0.00 Invoice Date Description Amount
10152025 10/14/2025 Healthcare Reimbursement - July-September 2025 $694.38 4492 10/14/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $107.15 $107.15 $0.00 Invoice Date Description Amount
1385-09302025 09/30/2025 Acct. 8002024613 16912 HWY 395 $107.15 user: AP Pages: 1 of 8 Tuesday, November 4, 2025
132
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
4493 10/14/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $305.39 $305.39 $0.00 Invoice Date Description Amount
3836-10012025 10/01/2025 Acct. 8014617403 Verbena / Seneca LS1 Light $305.39 4494 10/14/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $344.43 $344.43 $0.00 Invoice Date Description Amount
5771-09302025 09/30/2025 Consolidated SCE Bill - Acct. #700164805771 $344.43 4495 10/14/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $85.97 $85.97 $0.00 Invoice Date Description Amount
6546-09302025 09/30/2025 Acct. 8002041024 14511 HWY 395 TC1 $85.97 4496 10/14/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $20,335.56 $20,335.56 $0.00 Invoice Date Description Amount
9057-10012025 10/01/2025 Acct. 8002849416 19101 Jonathan St $20,335.56 4497 10/14/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $489.49 $489.49 $0.00 Invoice Date Description Amount
2196-10012025 10/01/2025 Acct. 8020338563 Holly Rd / Beaver Rd LS1 $489.49 4498 10/21/2025 Reconciled 10/21/2025 Accounts Payable AERZEN USA CORP $16,795.41 $16,795.41 $0.00 Invoice Date Description Amount
SPI-25-000069 01/30/2025 WWTP - Turbo Blower Addition $16,795.41 4499 10/21/2025 Reconciled 10/21/2025 Accounts Payable BARSTOW HUMANE SOCIETY $4,960.00 $4,960.00 $0.00 Invoice Date Description Amount
09302025 10/08/2025 Animal Sheltering Fees - September 2025 $4,960.00 4500 10/21/2025 Reconciled 10/21/2025 Accounts Payable CINTAS CORP #150 $318.44 $318.44 $0.00 Invoice Date Description Amount
4245234543 10/01/2025 Weekly Mat and Uniform Service - October 2025 $132.73 4245975229 10/08/2025 Weekly Mat and Uniform Service - October 2025 $185.71 4501 10/21/2025 Reconciled 10/21/2025 Accounts Payable DSD-DISTRIBUTED SOLAR
DEVELOPMENT, LLC
$36,391.08 $36,391.08 $0.00
Invoice Date Description Amount
DSD008462 10/04/2025 Consolidated Net Generation - September 2025 $36,391.08 4502 10/21/2025 Reconciled 10/21/2025 Accounts Payable ECHO FIRE PROTECTION CO. $141.25 $141.25 $0.00 Invoice Date Description Amount
21182090325 10/08/2025 Pyrochem PLC for Senior Center $141.25 4503 10/21/2025 Reconciled 10/21/2025 Accounts Payable FLYERS ENERGY LLC. $5,883.47 $5,883.47 $0.00 Invoice Date Description Amount
CFS-4385083 09/30/2025 Street Dept. Fuel - September 2025 $1,591.91 CFS-4385080 09/30/2025 Parks Fuel - September 2025 $1,005.23 CFS-4385081 09/30/2025 Facility Maint. Fuel - September 2025 $433.62 CFS-4385543 09/30/2025 Fuel for Inspector's Vehicle - September 2025 $247.25 CFS-4385082 09/30/2025 Code Enforcement Fuel - September 2025 $909.95 CFS-4385078 09/30/2025 City Staff Carpool Fuel - September 2025 $482.99 CFS-4385079 09/30/2025 Animal Control Fuel - September 2025 $1,212.52 4504 10/21/2025 Reconciled 10/21/2025 Accounts Payable GIC CORPORATION $30,832.28 $30,832.28 $0.00 Invoice Date Description Amount
125765 10/05/2025 Hauling of Bio Solids - September 2025 $30,832.28 user: AP Pages: 2 of 8 Tuesday, November 4, 2025
133
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
4505 10/21/2025 Reconciled 10/21/2025 Accounts Payable GUILHERME ENGINEERING $11,800.68 $11,800.68 $0.00 Invoice Date Description Amount
2025-20 10/03/2025 Main Link Leak Repairs at 11780 Wolcott St $11,800.68 4506 10/21/2025 Reconciled 10/21/2025 Accounts Payable HOME DEPOT CREDIT SERVICES $1,459.54 $1,459.54 $0.00 Invoice Date Description Amount
7904647 10/01/2025 Supplies for Maintenance for Police Dept. $370.15 2902167 10/06/2025 Supplies for Maintenance for Chamberlaine Park $80.41 900011 10/08/2025 Supplies for Maintenance for Community Center $432.39 5530586 09/23/2025 Supplies for Maintenance for Community Safety $202.66 4520991 09/24/2025 Supplies for Maintenance for City Hall $208.67 2534603 09/26/2025 Supplies for Maintenance for Chamberlaine Park $130.50 9521565 09/29/2025 Supplies for Maintenance for Parks $34.76 4507 10/21/2025 Reconciled 10/21/2025 Accounts Payable NURSERY PRODUCTS, LLC $64,931.82 $64,931.82 $0.00 Invoice Date Description Amount
62137 10/08/2025 Biosolids for September 2025 $64,931.82 4508 10/21/2025 Reconciled 10/21/2025 Accounts Payable SECURE IT SERVICES LLC $6,000.00 $6,000.00 $0.00 Invoice Date Description Amount
1166 10/09/2025 Technology RFP $6,000.00
4509 10/20/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $1,961.37 $1,961.37 $0.00 Invoice Date Description Amount
5963-10062025 10/06/2025 Acct. 8003781420 Pump Meter 14614 Raccoon $1,961.37 4510 10/20/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $5,529.23 $5,529.23 $0.00 Invoice Date Description Amount
8607-10062025 10/06/2025 Acct. 8000032340 14770 Turner Rd $5,529.23 4511 10/20/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $1,416.33 $1,416.33 $0.00 Invoice Date Description Amount
5831-10062025 10/06/2025 Acct. 8005152998 Well 14 14888 Turner $1,416.33 4512 10/20/2025 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $8,767.52 $8,767.52 $0.00 Invoice Date Description Amount
5506-10062025 10/06/2025 Acct. 8002007155 14802 Turner $8,767.52 4513 10/15/2025 Open Accounts Payable CARL WARREN & COMPANY LLC $857.86 $857.86 $0.00 Invoice Date Description Amount
DWR-01137006 10/15/2025 AFF ICRMA Replenishment $857.86 4514 10/22/2025 Reconciled 10/22/2025 Accounts Payable AAA TIRE SHOP $125.00 $125.00 $0.00 Invoice Date Description Amount
1412 10/16/2025 Tire Patch for Public Works Streets $35.00 1413 10/16/2025 Tire Patch for Code Enforcement $45.00
1414 10/16/2025 Tire Patch for Public Works Parks $45.00 4515 10/22/2025 Reconciled 10/22/2025 Accounts Payable ADMINSURE INC $915.00 $915.00 $0.00 Invoice Date Description Amount
18272 10/15/2025 Workers' Compensation Claims Administration - November 2025
$915.00
4516 10/22/2025 Reconciled 10/22/2025 Accounts Payable FLOCK GROUP, INC $18,250.00 $18,250.00 $0.00 Invoice Date Description Amount
INV-75211 09/26/2025 License Plate Readers $18,250.00
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134
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
4517 10/22/2025 Reconciled 10/22/2025 Accounts Payable FONTANA FIRE EQUIPMENT,INC. $230.09 $230.09 $0.00 Invoice Date Description Amount
142M 934854 09/12/2025 Fire Extinguisher Service for Sewer Treatment Plant $230.09 4518 10/22/2025 Reconciled 10/22/2025 Accounts Payable HOME DEPOT CREDIT SERVICES $75.67 $75.67 $0.00 Invoice Date Description Amount
8015387 09/30/2025 Supplies for Maintenance for WWTP $75.67 4519 10/22/2025 Reconciled 10/22/2025 Accounts Payable MERRELL JOHNSON
GEOTECHNICAL
$1,738.00 $1,738.00 $0.00
Invoice Date Description Amount
G2025323 09/30/2025 WWTP - 25119C1 Testing & Inspection $1,738.00 4520 10/22/2025 Reconciled 10/22/2025 Accounts Payable PRICE PAIGE & COMPANY $26,448.00 $26,448.00 $0.00 Invoice Date Description Amount
36896 09/30/2025 Audit Preparation Services and 23-24 PPA & 26-27 ROPS
$26,448.00
4521 10/22/2025 Reconciled 10/22/2025 Accounts Payable TK CONSTRUCTION $9,579.49 $9,579.49 $0.00 Invoice Date Description Amount
4030 10/01/2025 Service Leak at 11840 Cool Water St $9,579.49 4522 10/22/2025 Reconciled 10/22/2025 Accounts Payable TOPS N BARRICADES,INC. $427.23 $427.23 $0.00 Invoice Date Description Amount
1116275 10/03/2025 Reflective Sheeting $38.79
1116210 09/30/2025 Carsonite Post $388.44
4523 10/22/2025 Reconciled 10/22/2025 Accounts Payable VALUED ENGINEERING INC $1,295.00 $1,295.00 $0.00 Invoice Date Description Amount
2062502-01 10/01/2025 Parcel Map Plan Check for City Hall $1,295.00 4524 10/22/2025 Reconciled 10/22/2025 Accounts Payable VERIZON WIRELESS $3,901.76 $3,901.76 $0.00 Invoice Date Description Amount
6125691889 10/10/2025 Phone Services from 09/11/25-10/10/25 $3,901.76 4525 10/23/2025 Reconciled 10/23/2025 Accounts Payable AVCO DISPOSAL, INC. $799.60 $799.60 $0.00 Invoice Date Description Amount
N065823927 09/30/2025 Code Clean-Up:11250 Lee Ave $799.60 4526 10/23/2025 Reconciled 10/23/2025 Accounts Payable CAMERON-COLE LLC $3,300.00 $3,300.00 $0.00 Invoice Date Description Amount
00824584 09/26/2025 Technical Support Services Rendered - 08/30/25- 09/26/25
$3,300.00
4527 10/23/2025 Reconciled 10/23/2025 Accounts Payable CINTAS CORP #150 $286.89 $286.89 $0.00 Invoice Date Description Amount
4246718546 10/15/2025 Weekly Mat and Uniform Service - October 2025 $161.69 4247433772 10/22/2025 Weekly Mat and Uniform Service - October 2025 $125.20 4528 10/23/2025 Reconciled 10/23/2025 Accounts Payable COUNTY OF SAN BERNARDINO (RECORDER)
$20.00 $20.00 $0.00
Invoice Date Description Amount
25-252084 10/17/2025 County Recording Fee - October 2025 $20.00 4529 10/23/2025 Reconciled 10/23/2025 Accounts Payable GUILHERME ENGINEERING $19,800.72 $19,800.72 $0.00 Invoice Date Description Amount
2025-19 10/04/2025 Main Line Leak Repairs at 10526 Teakwood Way $19,800.72 user: AP Pages: 4 of 8 Tuesday, November 4, 2025
135
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
4530 10/23/2025 Reconciled 10/23/2025 Accounts Payable HATTRIX TEAM SPORTS &
EMBROIDERY
$186.17 $186.17 $0.00
Invoice Date Description Amount
2015421 10/06/2025 Screen Print & Uniform Shirts for Julio Chavez $186.17 4531 10/23/2025 Reconciled 10/23/2025 Accounts Payable HI DESERT ALARM $150.00 $150.00 $0.00 Invoice Date Description Amount
P64196 10/17/2025 Water Public Works - Service Call $150.00 4532 10/23/2025 Reconciled 10/23/2025 Accounts Payable INFRASTRUCTURE ENGINEERS, A
BOWMAN COMPANY
$59,202.18 $59,202.18 $0.00
Invoice Date Description Amount
522594 09/30/2025 B&S Support Services - Staff Augmentation - September 2025
$14,871.00
522529 09/30/2025 B&S Support Services - 75% Lump Sum B&S Fees - September 2025
$44,331.18
4533 10/23/2025 Reconciled 10/23/2025 Accounts Payable POLYDYNE, INC. $17,050.37 $17,050.37 $0.00 Invoice Date Description Amount
1971459 10/10/2025 Clarifloc WE-2610 $17,050.37
4534 10/23/2025 Reconciled 10/23/2025 Accounts Payable UNDERGROUND SERVICE ALERT $217.89 $217.89 $0.00 Invoice Date Description Amount
920250003 10/01/2025 New Ticket Charges $158.00
25-260834 10/01/2025 California State Fee for Regulatory Costs $59.89 4535 10/23/2025 Reconciled 10/23/2025 Accounts Payable VULCAN $256.01 $256.01 $0.00 Invoice Date Description Amount
4852616 10/22/2025 Cold Mix Asphalt used on City Streets Maint. $126.72 4852337 10/22/2025 Cold Mix Asphalt used on City Streets Maint. $129.29 4536 10/23/2025 Reconciled 10/23/2025 Accounts Payable WEATHERS, MARGARET $128.00 $128.00 $0.00 Invoice Date Description Amount
2026-00020771 10/01/2025 Refund: Owner Surrender Canceled $128.00 4537 10/22/2025 Open Accounts Payable US BANK TRUST N.A. $264,094.45 $264,094.45 $0.00 Invoice Date Description Amount
DWR-01145299 10/22/2025 Bond Payments - APUA 2014 Series A & 2017 Series A&B
$264,094.45
4538 10/28/2025 Reconciled 10/28/2025 Accounts Payable BURKE, WILLIAMS & SORENSEN, LLP
$25,289.80 $25,289.80 $0.00
Invoice Date Description Amount
353010 10/23/2025 Professional Services Rendered through September 2025
$744.00
353006 10/23/2025 Professional Services Rendered through September 2025
$24,545.80
4539 10/28/2025 Reconciled 10/28/2025 Accounts Payable CROMMIE, JUDITH $287.20 $287.20 $0.00 Invoice Date Description Amount
10272025 10/27/2025 PERS Healthcare Charge $287.20
4540 10/28/2025 Reconciled 10/28/2025 Accounts Payable FANT, GINGER M. $420.00 $420.00 $0.00 Invoice Date Description Amount
10272025 10/27/2025 PERS Healthcare Charge $420.00
user: AP Pages: 5 of 8 Tuesday, November 4, 2025
136
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
4541 10/28/2025 Reconciled 10/28/2025 Accounts Payable GARDA WORLD $220.01 $220.01 $0.00 Invoice Date Description Amount
20650615 09/30/2025 Excess Time & Excess Items Fees - September 2025 $220.01 4542 10/28/2025 Reconciled 10/28/2025 Accounts Payable JOSE ATILIO HERNANDEZ/IDEATE
CALIFORNIA
$19,000.00 $19,000.00 $0.00
Invoice Date Description Amount
2209 09/30/2025 Services Rendered- September 2025 $9,500.00 2221 10/25/2025 Services Rendered- October 2025 $9,500.00 4543 10/28/2025 Reconciled 10/28/2025 Accounts Payable KUPKA, GERALD $372.55 $372.55 $0.00 Invoice Date Description Amount
10272025 10/27/2025 PERS Healthcare Charge $372.55
4544 10/28/2025 Reconciled 10/28/2025 Accounts Payable LEIBOLD MCCLENDON & MANN $469.00 $469.00 $0.00 Invoice Date Description Amount
31 10/14/2025 Professional Services Rendered through September 2024
$469.00
4545 10/28/2025 Reconciled 10/28/2025 Accounts Payable LOCAL EQUITY LLC $19,500.00 $19,500.00 $0.00 Invoice Date Description Amount
10212025 10/21/2025 Monthly Technical Assistance - October 2025 $19,500.00 4546 10/28/2025 Reconciled 10/28/2025 Accounts Payable MOJAVE WATER AGENCY $42,408.00 $42,408.00 $0.00 Invoice Date Description Amount
10142025 10/14/2025 Water Purchase from - 08/31/25-09/30/25 $42,408.00 4547 10/28/2025 Reconciled 10/28/2025 Accounts Payable PERC WATER CORPORATION $893,489.05 $893,489.05 $0.00 Invoice Date Description Amount
7061 09/30/2025 Process Improvement Plan $893,489.05
4548 10/28/2025 Reconciled 10/28/2025 Accounts Payable POLITICAL DYNAMICS, LLC $2,750.00 $2,750.00 $0.00 Invoice Date Description Amount
3670 10/23/2025 Professional Services Rendered through SeptemberOctober 2025$2,750.00 4549 10/28/2025 Reconciled 10/28/2025 Accounts Payable POTOMAC PARTNERS DC, LLC $7,500.00 $7,500.00 $0.00 Invoice Date Description Amount
27 10/25/2025 Federal Advocacy and Consulting Services- October 2025
$7,500.00
4550 10/28/2025 Reconciled 10/28/2025 Accounts Payable SHRED-IT USA LLC $351.20 $351.20 $0.00 Invoice Date Description Amount
8012295782 10/18/2025 Shredding Services - September 2025 $351.20 4551 10/28/2025 Reconciled 10/28/2025 Accounts Payable STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL
RELAT
$225.00 $225.00 $0.00
Invoice Date Description Amount
E 2212342 SB 10/02/2025 Conveyance Fee for Sheriff Department $225.00 4552 10/28/2025 Reconciled 10/28/2025 Accounts Payable STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
$637.00 $637.00 $0.00
Invoice Date Description Amount
848483 10/06/2025 September 2025 Service $637.00
user: AP Pages: 6 of 8 Tuesday, November 4, 2025
137
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
4553 10/28/2025 Reconciled 10/28/2025 Accounts Payable THORNTON, THOMAS, W. $400.00 $400.00 $0.00 Invoice Date Description Amount
10272025 10/27/2025 PERS Healthcare Charge $400.00
4554 10/28/2025 Reconciled 10/28/2025 Accounts Payable WILLIAMS, CHARLES $295.08 $295.08 $0.00 Invoice Date Description Amount
10272025 10/27/2025 PERS Healthcare Charge $295.08
4555 10/30/2025 Reconciled 10/30/2025 Accounts Payable BANK UP CORPORATION $750.00 $750.00 $0.00 Invoice Date Description Amount
6881 09/30/2025 Variable Flex - September 2025 $750.00
4556 10/30/2025 Reconciled 10/30/2025 Accounts Payable BLUETRITON BRANDS INC $25.47 $25.47 $0.00 Invoice Date Description Amount
05J8710191025 10/14/2025 Water Services - 09/11/25-10/10/25 $25.47 4557 10/30/2025 Reconciled 10/30/2025 Accounts Payable BRN LLC $6,250.00 $6,250.00 $0.00 Invoice Date Description Amount
2025-10 10/28/2025 Professional Services Rendered - October 2025 $6,250.00 4558 10/30/2025 Reconciled 10/30/2025 Accounts Payable PACIFIC ADVANCED CIVIL
ENGINEERING, INC
$13,148.00 $13,148.00 $0.00
Invoice Date Description Amount
10922 09/30/2025 WWTP Phase II Expansion - September 2025 $13,148.00 4559 10/30/2025 Reconciled 10/30/2025 Accounts Payable VERTECH INDUSTRIAL SYSTEMS, LLC
$820.00 $820.00 $0.00
Invoice Date Description Amount
4574 09/25/2025 T&M Support - September 2025 $820.00
4560 10/30/2025 Reconciled 10/30/2025 Accounts Payable WELLS FARGO FINANCIAL LEASING, INC.
$2,084.46 $2,084.46 $0.00
Invoice Date Description Amount
INV19337-CBE 10/27/2025 Canon Color Printing - 06/13/25-09/12/25 $2,084.46 4561 10/30/2025 Open Accounts Payable US BANK TRUST N.A. $7,867.00 Invoice Date Description Amount
DWR-01155752 10/30/2025 APUA Bonds 2014A $7,867.00
4562 10/30/2025 Open Accounts Payable US BANK TRUST N.A. $7,867.00 Invoice Date Description Amount
DWR-01155784 10/30/2025 APUA Bonds 2017A & 2017B $7,867.00 4563 10/30/2025 Open Accounts Payable US BANK TRUST N.A. $12,043.50 Invoice Date Description Amount
DWR-01156110 10/30/2025 PFA 1995 Sub Revenue Bonds A,B,C $12,043.50 4564 10/30/2025 Open Accounts Payable US BANK TRUST N.A. $2,015.50 Invoice Date Description Amount
DWR-01156139 10/30/2025 Improvement Project No. 3 2007 Tax Allocation Bonds $2,015.50 4565 10/30/2025 Open Accounts Payable US BANK TRUST N.A. $17,321.50 Invoice Date Description Amount
DWR-01156190 10/30/2025 Improvement Project No. 3 2007 Tax Allocation Bonds $17,321.50 Type EFT Totals: 86 Transactions $2,441,751.52 $2,394,637.02 $0.00 Flagstar AP - Accounts Payable Totals
EFTs Status Count Transaction Amount Reconciled Amount
user: AP Pages: 7 of 8 Tuesday, November 4, 2025
138
Payment Register
City of Adelanto
From Payment Date: 11/5/2000 - To Payment Date: 11/4/2025 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Open 17 $351,409.25 $304,294.75
Reconciled 69 $2,090,342.27 $2,090,342.27
Voided 0 $0.00 $0.00
Total 86 $2,441,751.52 $2,394,637.02
All Status Count Transaction Amount Reconciled Amount
Open 17 $351,409.25 $304,294.75
Reconciled 69 $2,090,342.27 $2,090,342.27
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 86 $2,441,751.52 $2,394,637.02
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 17 $351,409.25 $304,294.75
Reconciled 69 $2,090,342.27 $2,090,342.27
Voided 0 $0.00 $0.00
Total 86 $2,441,751.52 $2,394,637.02
All Status Count Transaction Amount Reconciled Amount
Open 17 $351,409.25 $304,294.75
Reconciled 69 $2,090,342.27 $2,090,342.27
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 86 $2,441,751.52 $2,394,637.02
user: AP Pages: 8 of 8 Tuesday, November 4, 2025
139
CITY COUNCIL AGENDA REPORT
DATE: November 12, 2025
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Cannabis Compliance Department
SUBJECT: REPORT ON CANNABIS COMPLIANCE AND COLLECTION ACTIVITIES FOR SEPTEMBER 2025
STAFF RECOMMENDATION:
It is recommended City Council receive and file the report of activities associated with Cannabis Compliance for September 2025.
BACKGROUND:
See attached.
FISCAL IMPACT:
In September the Cannabis department collected $139,926 in total revenue, $64,468 more than same time last year. Year to date collections are $566,363 behind same time last year.
ATTACHMENTS:
- Department report
140
A report on the monthly revenue generated by the cannabis compliance department in the City of Adelanto, California.
Monthly Revenue Report for the
Cannabis Compliance Department
in the City of Adelanto
141
Cannabis Compliance
Department
The City of Adelanto's Cannabis Compliance
Department is responsible for overseeing and
regulating the thriving cannabis industry within the
city. This department plays a crucial role in ensuring
the industry operates within the bounds of local
regulations, promoting public safety and responsible
business practices.
Oversight of the department is provided by the the
Finance Manager & Planning Administrator and tasks
are executed by the HObsequio LLC team.
142
Monthly Revenue Breakdown:
Permit Fees Collected
4 *Data provided by the City of Adelanto Cannabis Compliance Department **Updated as of September 2025
Month Permit Fees Collected 2024
February $64,413.00
March $138,657.00
April $147,687.00
May $75,011.00
June $94,066.00
Permit Fees Collected 2025
$107,772.00
$85,796.00
$82,791.00
$284,650.00
$165,076.00
Change
$ 43,359.00
$ (52,860.97)
$ (64,896.00)
$ 209,639.00
$ 71,010.00
July $106,125.00 $61,674.00 $ (44,451.00)
August $338,421.00 $253,359.00 $ (85,062.00)
September $69,896.20 $50,074.00 $ (19,822.00)
October $141,103.90 - -
November $109,651.00 - -
December $68,324.00 - -
Yearly Total $1,412,536.07 $1,116,572.00 $ (295,964.07) YEAR TO DATE TOTAL CHANGE $ 23,114.83
January $59,181.00 $25,380.00 $ (33,801)
143
Monthly Revenue Breakdown:
Taxes Collected
6 *Data provided by the City of Adelanto Cannabis Compliance Department **Updated as of September 2025
Month Taxes Collected 2024
February $121,908.93
March $0.00
April $799,251.18
May $189,659.88
June $1,006,527.93
Taxes Collected 2025
$264,894.76
$114,198.00
$724,073.23
$251,959.39
$54,080.22
Change
$ 142,985.83
$ 114,198.00
$ (75,177.95)
$ 62,299.51
$ (952,447.71)
July $810,908.50 $1,011,773.05 $ 200,864.55
August $260,032.43 $242,265.34 $ (17,767.09)
September $5,543.00 $89,852.00 $ 84,309.00
October $784,222.68 - -
November $57,858.00 - -
December $84,287.00 - -
Yearly Total $4,974,027.56 $3,458,181.35 $ (1,515,846.21) YEAR TO DATE TOTAL CHANGE $ (589,478.53)
January $853,828.03 $705,085.00 $ (148,742.67)
144
Monthly Revenue Breakdown:
Total Cannabis Funds Collected
8 *Data provided by the City of Adelanto Cannabis Compliance Department **Updated as of September 2025
Month Funds Collected 2024
February $186,321.93
March $138,657.00
April $946,938.18
May $264,670.88
June $1,100,593.93
Funds Collected 2025
$372,666.76
$199,994.00
$806,864.23
$536,609.39
$219,156.22
Change
$ 186,344.83
$ 61,337.03
$ (140,073.95)
$ 271,938.51
$ (881,437.71)
July $917,033.50 $1,073,447.05 $ 156,413.55
August $598,453.43 $495,624.34 $ (102,829.09)
September $75,439.20 $139,926.00 $ 64,486.80
October $925,326.58 - -
November $167,509.00 - -
December $152,611.00 - -
Total $6,386,563.63 $4,574,753.35 $ (1,811,810.28)
YEAR TO DATE TOTAL CHANGE $ (566,363.70)
January $913,009.03 $730,465.36 $ (182,543.67)
145
Revenue Trends
Revenue generated from cannabis license fees, taxes, and other related income $6,386,563.63
Actual 2024
$5,542,426.00
Budget 2025
$4,913,328.00
Budget 2024
$4,574,753.35
Actual YTD 2025
10 *Data provided by the City of Adelanto Cannabis Compliance Department **Updated as of September 2025
146
Budget and Revenue
4,913,328
6,386,564
5,542,426
4,574,753
Budget 2024 Actual 2024 Above/Below
Budget
Budget 2025 Actual 2025
(YTD)
Above/Below
Budget (YTD)
-2,000,000
0 2,000,000
4,000,000
6,000,000
8,000,000
1,473,236
-967,673
12 *Data provided by the City of Adelanto Cannabis Compliance Department **Updated as of September 2025
***Data collected by Calander year
147
Compliance Efforts
Enforcement Actions
Interdepartmental Coordination
In cases where violations could not be promptly
resolved, the department has taken decisive
enforcement actions, including the issuance of
citations, the suspension of licenses, and the
revocation of permits for non-compliant
operators.
The department maintains active contact with
the HdL Business License division, the California
Department of Cannabis Control (DCC) permit
unit, environmental unit, and the California
Department of Tax and Fee Administration
Inspections
Violations
The department continues to work with code
enforcement to conduct comprehensive
inspections at cannabis facilities throughout the
city, ensuring adherence to all applicable
regulations and safety standards.
During the inspections, the department has
identified and addressed a number of violations,
ranging from minor infractions to more serious
breaches of compliance, all of which have been
swiftly remedied.
148
13 Audit Numbers
Insert Audit numbers here
Completed:
7 Audits Completed 1 for 2022 5 for 2023 1 for 2024 Total Audits:
122 Total Audits Begun
Work In Progress:
115 Audits In Progress 38 for 2022 36 for 2023 41 for 2024 149
14 Thank You
150
151
Water Department
Monthly Operating Report
October 2025
152
Table of Contents
Section Page No.
1. Executive Summary…………………………………………………………………………………………………….1
2. Health & Safety…………………………………………………………………………………………………………..2
3. Regulatory Compliance……………………………………………………………………………………..………..3
4. Water Production & Treatment……………………………………………………………………………….…..4
4.1 Operations…………………………………………………………………………………………………….……….4
5. Water Distribution………………………………………………………………………………………………….……7
5.1 Production………………………………………………………………………………………………………...…...7
5.2 Maintenance…………………………………………………………………………………………………….…….8
6. Current Challenges……………………………………………………………………………………………………...9
7. Personnel……………………………………………………………………………………………………………..……12
8. Budget……………………………………………………………………………………………………………….………13 153
City of Adelanto 1 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
1. EXECUTIVE SUMMARY
Woodard & Curran assumed operations of the City of Adelanto’s water treatment and distribution system on September 15, 2025, and the following report highlights the successful operations of the City’s water system from September 15 – October 31, 2025. During the 30 days leading to our assumption of operations, Woodard & Curran initiated the transition process and was successfully completed. During our first 1.5 months of operations, we successfully delivered quality drinking water with minimal service disruptions to the rate payers.
Woodard & Curran initiated the transition process on August 1 to purchase necessary equipment and tools, interview and hire the previous staff, and establish accounts with vendors and subcontractors. This process has continued through this reporting period with staff training, health & safety audits, and implementation of Woodard & Curran’s Enterprise Asset Management System (EAMS).
Health & Safety
The safety of our employees, City staff, contractors, and rate payers is Woodard & Curran’s #1 priority. As such, there were no OSHA recordable or lost time incidents during this reporting period. Additionally, Woodard & Curran’s Health & Safety team on-boarded the five on-site employees serving Adelanto and conducted 18 hours of in-person, instructor-led safety training.
Regulatory Compliance
Woodard & Curran met regulatory compliance standards for the City’s public water system in accordance with regulations from the Division of Drinking Water.
Capital Improvement Projects
Woodard & Curran has reviewed the previous O&M firm’s CIP recommendations and is engaged in discussions with the City’s Engineering Department. We will continue to engage with the City’s Engineering Department to position the City to implement necessary capital improvement projects.
Budget
Adelanto’s budget execution through October demonstrates strong fiscal discipline and efficient resource utilization. Spending remains consistently below budgeted levels, primarily due to reduced labor and supply-related costs. Although minor overages exist in discretionary expense categories, they are offset by substantial savings elsewhere. Overall, financial management appears efficient and conservative, maintaining healthy budget variances.
154
City of Adelanto 2 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
2. HEALTH & SAFETY
The safety of our employees, City staff, contractors, and the residents is our #1 priority. As such, we have not sustained any OSHA recordable or lost time incidents during this reporting period.
As part of the transition of operations, Woodard & Curran’s Health & Safety (H&S) team purchased new safety equipment for our on-site staff. This equipment includes, but is not limited to:
• Confined space entry and fall protection equipment
• Electrical safety and arc flash equipment
Upon assumption of operations, our Health & Safety team conducted in-person, instructor-led training as part of the H&S onboarding process. These training sessions focused on the following topics:
• Orientation
• Hazard Awareness
• First Aid/CPR/AED
• Fall Protection
• Confined Space Entry
• Qualified Electrical Worker (NFPA 70E)
Additionally, our H&S team began the process of establishing standard operating procedures (SOPs) and Job Safety Analyses (JSAs) for individual tasks that are conducted by our staff. These SOPs and JSAs will cover, but are not limited to, the following topics:
• Emergency action plan
• Confined space inventory
• Hazard assessment and PPE verification
• Respirable silica exposure SOP
• Hearing conservation program
Lastly, our staff began executing online safety training through our Pure Safety program, and they will continue to be assigned safety training tasks through this program monthly. As we continue operations of the City’s water system, our staff will conduct daily, monthly, and annual safety training, and we will update the City on training topics as they occur. For applicable topics, we intend to extend invitations to City staff and local first responders to attend these training sessions. 155
City of Adelanto 3 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
3. REGULATORY COMPLIANCE
During this reporting period, the City of Adelanto has maintained 100% regulatory compliance with the Division of Drinking Water (DDW) in accordance with Permit CA3610001. Samples are collected and submitted for analysis to Geo-Monitor on a weekly basis. Additional sampling reports can be found in the Appendix.
Table 3-1 – Compliance Sampling
Samples Taken Compliant Excursions % Compliant
70 70 0 100
Table 3-2 – Treatment Plant Sampling Results (Avg)
September/October
Analysis MCL Result Violation (Y/N)
Iron 300 ND N
Manganese 50 4.6 N
Arsenic 10 ND N
Fluoride 2 0.07 N
Table 3-2 – Pump House Sampling Results (Avg)
September/October
Analysis MCL Result Violation (Y/N)
Iron 300 ND N
Manganese 50 ND N
Arsenic 10 ND N
Fluoride 2 0.48 N
The City has been directed by the state to reduce water loss by January 1, 2028. To meet this requirement, Woodard & Curran is implementing a more detailed data collection process to account for water loss as the City makes other necessary steps to meet this requirement.
Table 3-3 – Monthly Water Loss
(September)
Total Potable Supply Total Potable Demand Difference Estimated Water Loss (gallons)
150,333,000 131,511,380 18,821,620 100,000
156
City of Adelanto 4 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
4. WATER PRODUCTION AND TREATMENT
4.1 Operations
During this reporting period, the City of Adelanto produced 65.9 million gallons of water from six active wells. One of these wells (8G2) disinfects water at the wellhead prior to transmission to one of three water storage tanks. Four of these wells (1G, 3G, 4G, 8G) send water to the Water Treatment Plant (WTP) to treat iron and manganese. This treatment process consists of Iron and Manganese Filtration. Following treatment for iron and manganese, the WTP’s effluent is blended with water from the other wells and purchased water from Mojave Water Agency and the City of Victorville (as needed) in the City’s water storage tanks and distribution system.
During this reporting period (October), the WTP treated 45.2 million gallons of raw water, and all samples were within acceptable ranges for iron, manganese, and other contaminants. In addition to weekly samples sent to Geo Monitor, Woodard & Curran’s staff takes daily samples to maintain process control, and these results are found in Table 4-1.
157
City of Adelanto 5 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
Table 4-1
158
City of Adelanto 6 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
Table 4-1
159
City of Adelanto 7 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
5. WATER DISTRIBUTION
5.1 Production
The City of Adelanto’s water distribution system consists of 3 water storage tanks (21.750 million gallons combined), 3 Pressure Reducing Valves (PRVs), and 180 miles of water mains that serve approximately 38,000 residents and commercial/industrial entities with 8,900 meters. Water is also purchased from MWA to meet the City’s daily water demand, and additional water can be purchased from the City of Victorville (COV) on an as-needed basis. The purchased water connection to MWA and COV is located at 5Mil location. The allocation of the City’s water supply sources for this reporting period can be found in Table 5-1.
Table 5-1 – Water Supply Sources (September)
Water Supply Source Quantity
City of Adelanto 65.9 MG
Mojave Water Agency 112.8 MG
City of Victorville 0 MG
Total Drinking Water 150 MG
Water Supply Sources (October)
Water Supply Source Quantity
City of Adelanto 63.6 MG
Mojave Water Agency 84.6 MG
City of Victorville 0 MG
Total Drinking Water 126 MG
160
City of Adelanto 8 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
5.2 Maintenance
Woodard & Curran is in the process of developing the CMMS to incorporate preventative, corrective, and predictive maintenance tasks for the City’s distribution system.
5.2.1 Service Connection Repair/Replacement
- Water Meter Replacement Project October 1, 2025: Guilherme Construction
5.2.2 Water Leaks/Emergency Response
Contractor Date Site Type
TK Const. 9/17/2025 11840 Cool Water St LS
HDU 9/22/2025 10970 Star St. SS
HDU 9/22/2025 10990 Windcrest St LS
TK Const. 9/25/2025 Holly/Fremont Main Break
TK Const. 9/23/2025 17592 Adelanto Rd. LS
Guilherme 9/28, 10/3, 10/4/25 10526 Teakwood Way SS
TK Const. 10/1/2025 11801 Virginia St LS
Guilherme 10/2/2025 11780 Wolcott St SS
TK Const. 10/13/2025 Air Express Way Air Vac
TK Const. 10/30/2025 Jonathan St. / Auburn St. SS
5.2.3 Fire Flow Certification: (4) 5.2.4 City Back Flow Certification: (2) - 10/8//25 – 12328 Hibiscus Avenue - Sandy Ridge Court
- 10/8/25 – Jonathan St. > Villa St. - 10370 Rancho Rd. - 10/10/25 - 9337 Commerce Way
- 10/15/25 – 11775 Bartlett Avenue
Corrective Maintenance and Emergency Repairs:
- 1200 Booster Station Motor Control Center: Inspection, Preventative Maintenance, and Electrical Issues addressed – Completed
- 1200 Booster Station Roof: repaired and sealed to prevent water intrusion/leaks - Completed - SCADA programming upgrades and reconfiguration - Completed 161
City of Adelanto 9 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
6.0 Current Challenges
During our first 45 days of operations, our team has identified several challenges that we will discuss with the City in more detail following further investigation.
Table 6-1
Location Equipment Possible Issue Notes
1200 Booster
Station
Booster #1 The equipment must be upgraded to
comply with applicable codes and
regulations
1200 Booster
Station
Booster #2 The equipment is
semi-operational
but not
recommended.
The equipment must be upgraded to
comply with applicable codes and
regulations
1200 Booster
Station
Booster #3 Inoperable –
Status Unknown
The equipment must be upgraded to
comply with applicable codes and
regulations
1200 Booster
Station
Roof Leaks
1200 Booster
Station
N. Booster Pump
#4
Not piped into new booster manifold;
connected to a transmission main that
has been abandoned.
1200 Booster
Station
N. Booster Pump
#5
Has run log from 2016 – Status
Unknown
Location Equipment Possible Issue Notes
Lower Booster
Station
Booster Pump #1 Needs sample port installed
Lower Booster
Station
Booster Pump #2 Inoperable – Status Unknown
Lower Booster
Station
Booster Pump #3 Hour Meter – Inoperable
Lower Booster
Station
Booster Pump #4 Mechanical Seal;
other
LOTO
Lower Booster
Station
Booster Pump #5 Leak near concrete on tank side
Lower Booster
Station
Booster Pump #6 Pressure switch broken – Status
Unknown
162
City of Adelanto 10 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
Lower Booster
Station
Booster Pump #7 Possible Electrical
issue; Motor get
hot
Relatively new VFD
Lower Booster
Station
PRV #2 Needs to be
serviced
Upper Booster
Station
Booster Pump #1
Rehabilitated never put into service.
Status Unknown. Layne did work. SR
hasn't run it.
Upper Booster
Station
Booster Pump #2 Inoperable – Status Unknown
Upper Booster
Station
PRV Turns
counterclockwise
instead of
clockwise
Back feeds from 5M to 3M
Upper Booster
Station
Mag Meter SCADA doesn’t
recognize
Gauge inside; very heavy access hatch
Well Field Well 14A Hour meter inoperable
Well Field Well 4G Hour meter inoperable
Well Field Well 1G Hour meter inoperable
WTP FI600 Flow Meter Believed to ghost high; shuts off WTP WTP PDI 400 Pressure
Indicator
Calibration issue
or BW procedure
Doesn’t read properly to SCADA; may
not be reading correctly in the field.
WTP Raw Water Pump
P502
Pumps at reduced
capacity bs P501
WTP Raw Water Media
Trap
Removes fine particulates; Used to
remove sand in trap - Replace
WTP Effluent Filter
Media Trap
Removes fine particulates – Replace
163
City of Adelanto 11 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
Location Equipment Possible Issue Notes
WTP Filter Valves Limit Switch
Adjustment
Lim Torque
WTP PI500 Pressure Calibration
WTP Fl700 Flow Meter Inoperable Decant Flow
WTP Backwash Settling
Tank
Level Transducer
inaccurate
Tank overflows @12ft, Tank ~25ft
WTP No idea where overflow/decant flow to
WTP P701 Sludge
Pumps
Inoperable – Status Unknown
WTP P702 Sludge
Pumps
Inoperable – Status Unknown
WTP Eye Wash Station Leaks H&S Audit Item
WTP
Backwash
Isolation Point
18” Rising
Stem/Cla Valves
Corroded
Status Unknown
Field PRV #1 New/Rehab: 2024
Field PRV #3 Closed/Failed
Open – Needs To
Be Repaired
Cla recommended replacing/middle of
street
Field PRV #4 Abandoned Isolated – Lots of Sand, Steel Plate Field PRV #5 No Isolation on
High End
Not Been Serviced; Underground – In
the Road
Field North Area No Pressure
Monitoring
N. Area of City
164
City of Adelanto 12 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
7. PERSONNEL
The City of Adelanto is supported by a dedicated team of six (6) full-time, on-site personnel. In addition, both the City and the on-site team are backed by a broad network of technical and administrative experts from Woodard & Curran.
Onsite Staff
Daniel Peralta - Interm Project Manager
Salvador Ruiz - Lead Operator
Adrian Villareal - Operator
Edward Rodriguez - Operator
Jonathan Solis (11/10/25) - Operator
Vacancy - Operator
Additional Support Staff
Chris McMahon – Area Manager
Dave Kitzmiller – Operations Leader-Western U.S.
Marc Thomas – National Operations Leader
Anthony Naccarato – Client Services Manager
Leilah Johnson – Transition Manager
Steve Lindemann – O&M Health & Safety Manager
Renae Schield – Health & Safety Specialist
Alan Fabiano – O&M Technology Manager
Ken Davis – Asset Management Services Manager
165
City of Adelanto 13 Woodard & Curran, Inc.
Adelanto Water MOR October 2025 September/October 2025
8. BUDGET
166
State of California -- Health and Human Services Agency Department of Public Health
MONTHLY SUMMARY OF DISTRIBUTION SYSTEM COLIFORM MONITORING Drinking Water Program
(including triggered source monitoring for systems subject to the Groundwater Rule) System Name System Number
Sampling Period
Year
Month
1. Routine Samples (see note 1) 0 0
2. Repeat Samples following Samples that are Total Coliform Positive and Fecal/E.coli Negative (see notes 5 and 6) 0 0
3. Repeat Samples following Routine Samples that are
Total Coliform Positive and Fecal/E.coli Positive
(see notes 5 and 6) 0 0
4. MCL Computation for Total Coliform Positive Samples
a. Totals (sum of columns) 0 0
b. If 40 or more samples collected in month, determine
percent of samples that are total coliform positive
[(total number positive/total number collected) x 100] = % c. Is system in compliance… …with fecal/E. coli MCL?
(see notes 2 and 3) Yes No
…with monthly MCL? Yes No
(see note 4)
5. Source Samples Triggered by Routine Samples that are Total Coliform Positive 0 0 (This applies only to systems subject to the Groundwater Rule - see notes 7 and 8)
6. Invalidated Samples
(Note what samples, if any, were invalidated; who authorized the invalidation; and when replacement samples were collected. Attach additional sheets, if necessary.)
7. Summary Completed By:
Signature Title Date
NOTES AND INSTRUCTIONS:
1. Routine samples include:
a. Samples required pursuant to 22 CCR Section 64423 and any additional samples required by an approved routine sample siting plan established pursuant to 22 CCR Section 64422. b. Extra samples are required for systems collecting less than five routine samples per month that had one or more total coliform positives in previous month; c. Extra samples for systems with high source water turbidities that are using surface water or groundwater under direct influence of surface water and do not practice filtration in compliance with regulations;
2. Note: For a repeat sample following a total coliform positive sample, any fecal/E.coli positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Department (22, CCR, Section 64426.1).
3. Note: For repeat sample following a fecal/E.coli positive sample, any total coliform positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Department (22, CCR, Section 64426.1).
4. Total coliform MCL (Notify Department within 24 hours of MCL violation):
a. For systems collecting less than 40 samples, if two or more samples are total coliform positive, then the MCL is violated. b. For systems collecting 40 or more samples, if more than 5.0 percent of samples collected are total coliform positive, then the MCL is violated.
5. Positive results and their associated repeat samples are to be tracked on the Coliform Monitoring Worksheet.
6. Repeat samples must be collected within 24 hours of being notified of the positive results. For systems collecting more than one routine sample per month, three repeat samples must be collected for each total coliform positive sample. For systems collecting one or fewer routine samples per month, four repeat samples must be collected for each total coliform positive sample.
7. For systems subject to the Groundwater Rule: Positive results and the associated triggered source samples are to be tracked on the Coliform Monitoring Worksheet.
8. For triggered sample(s) required as a result of a total coliform routine positive sample, an E.coli, enterococci, or coliphage positive triggered sample (boxed entry) requires immediate notification to the Department, Tier 1 public notification, and corrective action. 10/2009 - 8477 Number Total
Coliform Positives
20 0
Interim Project Manager
20 0
0 September 2025
City Of Adelanto CA3610001
0 20
Number
Collected
Number
Required
20 Number Fecal/
E.coli Positives
1 167
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 3 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
09/16/2025
Salvador Ruiz
09/16/2025 15:17
09/22/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25I200-01 09:25 12070 Chamberlain 1.00 A A <1
G25I200-02 09:50 17900 Jonathan 1.40 A A <1
G25I200-03 10:09 10176 Kemper 1.32 A A <1
G25I200-04 10:40 14277 Nicoles Way 0.46 A A <1
G25I200-05 11:01 11579 Villa St 0.42 A A <1
G25I200-06 11:16 14984 Huntington St 0.46 A A <1
G25I200-07 11:29 15083 Arcadian St 0.40 A A <1
G25I200-08 11:37 11747 Cloverlawn 0.56 A A <1
G25I200-09 12:00 16880 Sportsmen Center Dr 0.52 A A 1
G25I200-10 12:25 12191 Violet Rd 1.08 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 3 Kristal Escobar
Laboratory Supervisor
168
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 3 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
09/16/2025
Salvador Ruiz
09/16/2025 15:17
09/22/2025
Result Analyte Method Units Prepared Analyzed Batch
11579 Villa St G25I200-05 (Water) Sample Date: 09/16/25 11:01 Sampler: Salvador Ruiz Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.42 mg/L 09/16/25 09/16/25 2538017 General Physical Analyses
Apparent Color SM 2120BM <3.0 Color Units 3.0 09/16/25 09/16/25 2538022 Odor Threshold EPA 140.1-M 1 1 TON 09/16/25 09/16/25 2538022 Turbidity EPA 180.1 <0.1 NTU 0.10 09/16/25 09/16/25 2538022 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 3 Kristal Escobar
Laboratory Supervisor
169
170
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 3 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
09/16/2025
Salvador Ruiz
09/16/2025 15:12
09/25/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25I201-01 08:35 Filter Effluent 2.17 A A <1
G25I201-02 09:02 Front Pump House 1.29 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
171
172
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: W&C I&M Treatment Plant
G25I201
Work Order:
09/16/25 16:30
25I1828
Reported:
Received:
09/24/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 55 Years of Analytical Service 1967-2022
Result Analyte Method Units Prepared Analyzed Batch
G25I201-01 (Filter Effluent) 25I1828-01 (Drinking Water) Sample Date: 09/16/25 8:35 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
Field Analyses
Cl Res Free (Field) Field 2.17 mg/L 09/16/25 09/16/25 2538111 Metals
Iron (Fe) EPA 200.7 ND 100 ug/L 09/18/25 09/19/25 2538196 300 Manganese (Mn) EPA 200.7 ND 20 ug/L 09/18/25 09/19/25 2538196 50 Result Analyte Method Units Prepared Analyzed Batch
G25I201-02 (Front Pump House) 25I1828-02 (Drinking Water) Sample Date: 09/16/25 9:02 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
Field Analyses
Cl Res Free (Field) Field 1.29 mg/L 09/16/25 09/16/25 2538111 General Chemical Analyses
Fluoride (F) EPA 300.0 0.49 0.10 mg/L 09/17/25 09/17/25 2538116 2 Metals
Arsenic (As) EPA 200.8 ND 2.0 ug/L 09/17/25 09/18/25 2538155 10 Iron (Fe) EPA 200.7 ND 100 ug/L 09/18/25 09/19/25 2538196 300 Manganese (Mn) EPA 200.7 ND 20 ug/L 09/18/25 09/19/25 2538196 50 ND Analyte NOT DETECTED at or above the reporting limit
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088 Project Manager
Stu Styles For Isabel Navarro
173
174
175
176
177
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 4 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
09/23/2025
Edward Rodriguez
09/23/2025 14:56
09/26/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25I277-01 08:37 11000 Cortez 0.88 A A <1
G25I277-02 08:51 10518 Chevron 0.96 A A <1
G25I277-03 09:09 9957 Payne 0.47 A A <1
G25I277-04 09:23 17451-2 Raccoon Ave 1.02 A A <1
G25I277-05 09:44 9351 Industrial 0.51 A A <1
G25I277-06 10:15 10850 Rose Place 0.44 A A <1
G25I277-07 10:30 10814 Pemberton 0.61 A A <1
G25I277-08 10:45 10668 Thorndale 0.57 A A <1
G25I277-09 11:07 14283 Ivy St 0.71 A A <1
G25I277-10 11:20 10982 Wilson Ave 0.72 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 3 Kristal Escobar
Laboratory Supervisor
178
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 4 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
09/23/2025
Edward Rodriguez
09/23/2025 14:56
09/26/2025
Result Analyte Method Units Prepared Analyzed Batch
11000 Cortez G25I277-01 (Water) Sample Date: 09/23/25 8:37 Sampler: Edward Rodriguez Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.88 mg/L 09/23/25 09/23/25 2539020 General Physical Analyses
Apparent Color SM 2120BM <3.0 Color Units 3.0 09/23/25 09/23/25 2539025 Odor Threshold EPA 140.1-M 1 1 TON 09/23/25 09/23/25 2539025 Turbidity EPA 180.1 0.10 0.10 NTU 09/23/25 09/23/25 2539025 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 3 Kristal Escobar
Laboratory Supervisor
179
180
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 4 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
09/23/2025
Salvador Ruiz
09/23/2025 14:56
10/06/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Plate Count
CFU/ml
G25I278-01 09:20 Filter Effluent A A <1
G25I278-02 07:50 Front Pump House A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
181
182
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G25I278
Work Order:
09/23/25 16:00
25I2284
Reported:
Received:
10/03/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 55 Years of Analytical Service 1967-2022
Result Analyte Method Units Prepared Analyzed Batch
G25I278-01 (Filter Effluent) 25I2284-01 (Water) Sample Date: 09/23/25 9:20 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
Metals
Iron (Fe) EPA 200.7 ND 100 ug/L 09/26/25 09/26/25 2539185 300 Manganese (Mn) EPA 200.7 ND 20 ug/L 09/26/25 09/26/25 2539185 50 Result Analyte Method Units Prepared Analyzed Batch
G25I278-02 (Front Pump House) 25I2284-02 (Water) Sample Date: 09/23/25 7:50 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.52 0.10 mg/L 09/26/25 09/26/25 2539188 2 Metals
Arsenic (As) EPA 200.8 ND 2.0 ug/L 09/29/25 09/29/25 2540033 10 Iron (Fe) EPA 200.7 ND 100 ug/L 09/26/25 09/26/25 2539185 300 Manganese (Mn) EPA 200.7 ND 20 ug/L 09/26/25 09/26/25 2539185 50 ND Analyte NOT DETECTED at or above the reporting limit
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088 Project Manager
Stu Styles For Isabel Navarro
183
184
185
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G25I312
Work Order:
09/25/25 15:40
25I2557
Reported:
Received:
09/30/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G25I312-01 (Fire Hydrant Close) 25I2557-01 (DW) Sample Date: 09/25/25 11:30 Sampler: Salvador Ruiz Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.5 mg/L 09/25/25 09/25/25 2539085 Microbiology Analyses
Total Coliform SM 9223 A P/A 09/25/25 09/26/25 2539194
E. Coli SM 9223 A P/A 09/25/25 09/26/25 2539194
Plate Count SM9215B ND CFU/ml 1 09/25/25 09/27/25 2540006 Analyte Method Result Units Prepared Analyzed Batch
G25I312-02 (Service Line) 25I2557-02 (DW) Sample Date: 09/25/25 11:43 Sampler: Salvador Ruiz Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.87 mg/L 09/25/25 09/25/25 2539085 Microbiology Analyses
Total Coliform SM 9223 A P/A 09/25/25 09/26/25 2539194
E. Coli SM 9223 A P/A 09/25/25 09/26/25 2539194
Plate Count SM9215B ND CFU/ml 1 09/25/25 09/27/25 2540006 Analyte Method Result Units Prepared Analyzed Batch
G25I312-03 (Fire Hydrant End) 25I2557-03 (DW) Sample Date: 09/25/25 12:03 Sampler: Salvador Ruiz Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.67 mg/L 09/25/25 09/25/25 2539085 Microbiology Analyses
Total Coliform SM 9223 A P/A 09/25/25 09/26/25 2539194
E. Coli SM 9223 A P/A 09/25/25 09/26/25 2539194
Plate Count SM9215B ND CFU/ml 1 09/25/25 09/27/25 2540006 ND Analyte NOT DETECTED at or above the reporting limit Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088 186
SUBCONTRACT ORDER
Geo-Monitor Inc.
G25r3t2 2sr25{l
SENDING I,.{BORATORY:
Geo-Monitor Inc.
17152 Dar-win Ave
Hesperia, CA92340
Phone: 760-244-3481
F ax 7 60-244-348 I
Project Manager: Kristal Escobar
RECEI YING LABOR{TOR.Y :
Clinical Laboratory of San Bernardino
2188 I Barton Road
Grand Terrace. CA92313
Phone :909.825.7693
F ax 909 .825 .7 695
Please email results to Project Manager: Kristal Escobar CLIP transfer those samples rvith PS codes provided
Water Trax Upload Client:
GeoTracker Upload Cl ient:
MDL's / J Flags
Turn Around Time
Subcontract Comments:
Analysis
[ ] 10 Days [ ] 5Days [ ] Other _Days
\ts
Yes
Yes
Yes
lNo
lNo
lNo
lNo
Comments
Sample ID: Fire Ilydrant Close I G25I312-01 Sampletl: A9n*25 I l:30 PS flode:
Dw \\'TX ID:
HPC SM 9215
Coliform SM 9223 P/A
(Field) Cl Res Free
Containers Supplied.
Sterile IDEXX Bottle (A)
Sampled: 09125125 I l:43 PS Code:
DW \\,TX ID:
Sample ID: Sen,ice Line i G25I3l2-02
HPC SM 9215
. Colifom SM 9223 P/A
(Field) Cl Res Free
Conlainers Supplied.
Sterile IDEXX Bottle (A)
Sample ID: Fire Hydrant End / G25I3l2-03 Sampled: 09125125 l2:03 PS Code:
DW \}'TX ID:
HPC SM 92I5
Coliform Sl\4 9223 P/A
(Field) Cl Res Free
Containers Supplied.
Sterile IDEXX Bottle (A)
Released Bl Date / Time Received Rv Date / Tirne
Released By
Samples Received on ( ) Wet Ice (
Date / Time
) Blue ice ( ) No Ice
Date /'Iime
ReceivedT"rnp_(F) (C)
Received By
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188
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 5 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
09/30/2025
Edward Rodriguez
09/30/2025 15:00
10/06/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25I352-01 09:30 Filter Effluent 2.09 A A 1
G25I352-02 10:10 Front Pump House 1.37 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
189
190
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G25I352
Work Order:
09/30/25 16:05
25I2836
Reported:
Received:
10/06/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G25I352-01 (Filter Effluent) 25I2836-01 (Water) Sample Date: 09/30/25 9:30 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/01/25 10/01/25 2540087 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 10/01/25 10/01/25 2540087 Analyte Method Result Units Prepared Analyzed Batch
G25I352-02 (Front Pump House) 25I2836-02 (Water) Sample Date: 09/30/25 10:10 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.50 0.10 2 mg/L 10/02/25 10/02/25 2540085 Metals
Arsenic (As) EPA 200.8 ND 2.0 10 ug/L 10/02/25 10/02/25 2540106 Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/01/25 10/01/25 2540087 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 10/01/25 10/01/25 2540087 ND Analyte NOT DETECTED at or above the reporting limit Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
191
192
193
State of California -- Health and Human Services Agency Department of Public Health
MONTHLY SUMMARY OF DISTRIBUTION SYSTEM COLIFORM MONITORING Drinking Water Program
(including triggered source monitoring for systems subject to the Groundwater Rule) System Name System Number
Sampling Period
Year
Month
1. Routine Samples (see note 1) 0 0
2. Repeat Samples following Samples that are Total Coliform Positive and Fecal/E.coli Negative (see notes 5 and 6) 0 0
3. Repeat Samples following Routine Samples that are
Total Coliform Positive and Fecal/E.coli Positive
(see notes 5 and 6) 0 0
4. MCL Computation for Total Coliform Positive Samples
a. Totals (sum of columns) 0 0
b. If 40 or more samples collected in month, determine
percent of samples that are total coliform positive
[(total number positive/total number collected) x 100] = % c. Is system in compliance… …with fecal/E. coli MCL?
(see notes 2 and 3) Yes No
…with monthly MCL? Yes No
(see note 4)
5. Source Samples Triggered by Routine Samples that are Total Coliform Positive 0 0 (This applies only to systems subject to the Groundwater Rule - see notes 7 and 8)
6. Invalidated Samples
(Note what samples, if any, were invalidated; who authorized the invalidation; and when replacement samples were collected. Attach additional sheets, if necessary.)
7. Summary Completed By:
Signature Title Date
NOTES AND INSTRUCTIONS:
1. Routine samples include:
a. Samples required pursuant to 22 CCR Section 64423 and any additional samples required by an approved routine sample siting plan established pursuant to 22 CCR Section 64422. b. Extra samples are required for systems collecting less than five routine samples per month that had one or more total coliform positives in previous month; c. Extra samples for systems with high source water turbidities that are using surface water or groundwater under direct influence of surface water and do not practice filtration in compliance with regulations;
2. Note: For a repeat sample following a total coliform positive sample, any fecal/E.coli positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Department (22, CCR, Section 64426.1).
3. Note: For repeat sample following a fecal/E.coli positive sample, any total coliform positive repeat (boxed entry) constitutes an MCL violation and requires immediate notification to the Department (22, CCR, Section 64426.1).
4. Total coliform MCL (Notify Department within 24 hours of MCL violation):
a. For systems collecting less than 40 samples, if two or more samples are total coliform positive, then the MCL is violated. b. For systems collecting 40 or more samples, if more than 5.0 percent of samples collected are total coliform positive, then the MCL is violated.
5. Positive results and their associated repeat samples are to be tracked on the Coliform Monitoring Worksheet.
6. Repeat samples must be collected within 24 hours of being notified of the positive results. For systems collecting more than one routine sample per month, three repeat samples must be collected for each total coliform positive sample. For systems collecting one or fewer routine samples per month, four repeat samples must be collected for each total coliform positive sample.
7. For systems subject to the Groundwater Rule: Positive results and the associated triggered source samples are to be tracked on the Coliform Monitoring Worksheet.
8. For triggered sample(s) required as a result of a total coliform routine positive sample, an E.coli, enterococci, or coliphage positive triggered sample (boxed entry) requires immediate notification to the Department, Tier 1 public notification, and corrective action. 10/2009 - 8477 October 2025
City Of Adelanto CA3610001
0 50
Number
Collected
Number
Required
50 Number Fecal/
E.coli Positives
Number Total
Coliform Positives
50 0
Interim Project Manager 10/1/2025
50 0
0 1
194
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Monthly - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/07/2025
Jordan Walker
10/07/2025 14:52
10/15/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25J084-01 10:31 Filter Effluent 2.18 A A <1
G25J084-02 08:20 Front Pump House 1.39 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
195
196
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G25J084
Work Order:
10/07/25 16:10
25J0912
Reported:
Received:
10/15/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G25J084-01 (Filter Effluent) 25J0912-01 (Drinking Water) Sample Date: 10/07/25 10:31 Sampler: Jordan Walker Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.46 0.10 2 mg/L 10/10/25 10/10/25 2541246 Metals
Arsenic (As) EPA 200.8 ND 2.0 10 ug/L 10/10/25 10/10/25 2541230 Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/09/25 10/09/25 2541145 Manganese (Mn) EPA 200.7 28 20 50 ug/L 10/09/25 10/09/25 2541145 Analyte Method Result Units Prepared Analyzed Batch
G25J084-02 (Front Pump House) 25J0912-02 (Drinking Water) Sample Date: 10/07/25 8:20 Sampler: Jordan Walker Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.48 0.10 2 mg/L 10/10/25 10/10/25 2541246 Metals
Arsenic (As) EPA 200.8 ND 2.0 10 ug/L 10/10/25 10/10/25 2541230 Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/09/25 10/09/25 2541145 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 10/09/25 10/09/25 2541145 ND Analyte NOT DETECTED at or above the reporting limit Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
197
198
199
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Monthly - Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/07/2025
Edward Rodriguez
10/07/2025 14:52
10/15/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25J085-01 08:30 17909 Adelanto Rd 1.08 A A <1
G25J085-02 08:49 11206 Chaparral Rd 0.33 A A <1
G25J085-03 09:16 18288 Larkspur Rd 0.95 A A <1
G25J085-04 09:36 10422 Pony Express 1.34 A A <1
G25J085-05 09:55 19039 Muskrat Ave 0.75 A A <1
G25J085-06 10:23 9875 Yucca 0.32 A A <1
G25J085-07 10:57 15137 Ivy Ct 0.63 A A <1
G25J085-08 11:15 11156 Blue Mesa Ave 0.84 A A <1
G25J085-09 11:33 14571 Palo Verde Ct 0.75 A A <1
G25J085-10 11:55 11099 Star St 0.34 A A 65
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 3 Kristal Escobar
Laboratory Supervisor
200
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Monthly - Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/07/2025
Edward Rodriguez
10/07/2025 14:52
10/15/2025
Result Analyte Method Units Prepared Analyzed Batch
11099 Star St G25J085-10 (Water) Sample Date: 10/07/25 11:55 Sampler: Edward Rodriguez Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.34 mg/L 10/07/25 10/07/25 2541037 General Physical Analyses
Apparent Color SM 2120BM <3.0 Color Units 3.0 10/07/25 10/07/25 2541041 Odor Threshold EPA 140.1-M 1 1 TON 10/07/25 10/07/25 2541041 Turbidity EPA 180.1 <0.1 NTU 0.10 10/07/25 10/07/25 2541041 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 3 Kristal Escobar
Laboratory Supervisor
201
202
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Monthly - Wells
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/07/2025
Jordan Walker
10/07/2025 14:52
10/15/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25J086-01 10:42 Well 1G 0.03 A A 12
G25J086-02 08:50 Well 3G2 0.04 A A 1
G25J086-03 09:19 Well 4G 0.06 A A <1
G25J086-04 09:09 Well 8G2 0.88 A A <1
G25J086-05 09:29 Well 14A 0.05 A A 34
G25J086-06 11:09 Well 15 0.01 A A 1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
203
204
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G25J086
Work Order:
10/07/25 16:10
25J0911
Reported:
Received:
10/15/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G25J086-05 (Well 14A) 25J0911-01 (Drinking Water) Sample Date: 10/07/25 9:29 Sampler: Jordan Walker Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.38 0.10 2 mg/L 10/10/25 10/10/25 2541229 Metals
Arsenic (As) EPA 200.8 ND 2.0 10 ug/L 10/10/25 10/10/25 2541230 Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/09/25 10/09/25 2541145 Manganese (Mn) EPA 200.7 62 20 50 ug/L 10/09/25 10/09/25 2541145 ND Analyte NOT DETECTED at or above the reporting limit Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
205
206
207
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 2 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/15/2025
Jordan Walker
10/15/2025 11:37
10/20/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25J162-01 08:28 11815 Hardy Ave 1.92 A A 1
G25J162-02 08:41 10518 Chevron 1.60 A A <1
G25J162-03 08:55 10407 Vintage 0.93 A A <1
G25J162-04 09:11 9351 Industrial 0.72 A A 1
G25J162-05 09:33 15620 Joshua Road (High School) 0.46 A A <1 G25J162-06 09:49 10850 Rose Place 0.53 A A <1
G25J162-07 10:04 14283 Ivy St 0.48 A A <1
G25J162-08 10:19 14202 Sandy Ridge Ct 0.66 A A 1
G25J162-09 10:31 11688 Begonia Rd 0.74 A A <1
G25J162-10 10:46 11771 Dana Dr 0.68 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 3 Kristal Escobar
Laboratory Supervisor
208
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 2 Distribution System
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/15/2025
Jordan Walker
10/15/2025 11:37
10/20/2025
Result Analyte Method Units Prepared Analyzed Batch
10407 Vintage G25J162-03 (Water) Sample Date: 10/15/25 8:55 Sampler: Jordan Walker Rep. Limit Qualifier
Field Analyses
Cl Res Free (Field) Field 0.93 mg/L 10/15/25 10/15/25 2542022 General Physical Analyses
Apparent Color SM 2120BM <3.0 Color Units 3.0 10/15/25 10/15/25 2542042 Odor Threshold EPA 140.1-M 1 1 TON 10/15/25 10/15/25 2542042 Turbidity EPA 180.1 0.10 0.10 NTU 10/15/25 10/15/25 2542042 P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 2 of 3 Kristal Escobar
Laboratory Supervisor
209
210
Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 2 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/15/2025
Edward Rodriguez
10/15/2025 11:37
10/27/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25J163-01 09:27 Filter Effluent 1.54 A A <1
G25J163-02 08:22 Front Pump House 1.48 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
211
212
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G25J163
Work Order:
10/15/25 16:00
25J1906
Reported:
Received:
10/24/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G25J163-01 (Filter Effluent) 25J1906-01 (Water) Sample Date: 10/15/25 9:27 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/20/25 10/20/25 2543039 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 10/20/25 10/20/25 2543039 Analyte Method Result Units Prepared Analyzed Batch
G25J163-02 (Front Pump House) 25J1906-02 (Water) Sample Date: 10/15/25 8:22 Sampler: Edward Rodriguez Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.46 0.10 2 mg/L 10/20/25 10/20/25 2543035 Metals
Arsenic (As) EPA 200.8 ND 2.0 10 ug/L 10/22/25 10/22/25 2543110 Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/20/25 10/20/25 2543039 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 10/20/25 10/20/25 2543039 ND Analyte NOT DETECTED at or above the reporting limit Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
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Geo-Monitor, Inc.
Project:
Client:
Reported:
Received:
Sampled:
Sampler:
Sub Project: Week 3 - I&M Treatment Plant
11780 Air Expressway
Adelanto CA, 92301
System:
Fax:
Phone:
Contact:
(620) 474-7310
Woodard & Curran - Adelanto Water
Adelanto Water
Chris Mcmahon
CA3610001
10/21/2025
Salvador Ruiz
10/21/2025 14:40
10/30/2025
RESULTS
Laboratory
ID
Sample
Location
Sample
Time
E. Coli
P/A
Total Coliform
P/A
Cl Res (Field)
mg/L
Plate Count
CFU/ml
G25J235-01 12:20 Filter Effluent 2.10 A A 1
G25J235-02 10:24 Front Pump House 1.41 A A <1
A - Absence of Bacteria
P - Presence of Bacteria
P.O. Box 401428 Hesperia, CA 92340. 760-244-3481. ELAP Number 2691 Page 1 of 2 Kristal Escobar
Laboratory Supervisor
216
217
Sub Project:
Project Manager:
Geo Monitor, Inc.
17152 Darwin Avenue
Hesperia CA, 92345 Kristal Escobar
Project: Adelanto Water
G25J235
Work Order:
10/21/25 16:00
25J2332
Reported:
Received:
10/30/25
Clinical Laboratory of San Bernardino, Inc.
Celebrating 50 Years of Analytical Service 1967-2017
Analyte Method Result Units Prepared Analyzed Batch
G25J235-01 (Filter Effluent) 25J2332-01 (DW) Sample Date: 10/21/25 12:20 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
Metals
Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/24/25 10/24/25 2543188 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 10/24/25 10/24/25 2543188 Analyte Method Result Units Prepared Analyzed Batch
G25J235-02 (Front Pump House) 25J2332-02 (DW) Sample Date: 10/21/25 10:24 Sampler: Salvador Ruiz Rep. Limit MCL Qualifier
General Chemical Analyses
Fluoride (F) EPA 300.0 0.47 0.10 2 mg/L 10/24/25 10/24/25 2543198 Metals
Arsenic (As) EPA 200.8 ND 2.0 10 ug/L 10/23/25 10/24/25 2543157 Iron (Fe) EPA 200.7 ND 100 300 ug/L 10/24/25 10/24/25 2543188 Manganese (Mn) EPA 200.7 ND 20 50 ug/L 10/24/25 10/24/25 2543188 ND Analyte NOT DETECTED at or above the reporting limit Isabel Navarro
Project Manager
Post Office Box 329 San Bernardino, CA 92402 (909) 825-7693 Fax (909) 825-7696 ELAP Number 1088
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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: 11/12/2025
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: Well 16 Rehabilitation
STAFF RECOMMENDATION:
Staff recommends that the APUA approves Bakersfield Well & Pump Co. to resume rehabilitation of Well 16.
BACKGROUND:
In early 2025, the Engineering Department identified a well facility (Well 16) that appeared newly constructed but was not in operation. Historical records from the City Clerk confirmed that the well had been approved for construction during the October 10, 2007, City Council meeting.
An initial inspection with PERC Water, the City’s water operator at that time, showed the facility was in good physical condition, though the electrical connection at the pump head was disconnected. Power to the site was confirmed to be on standby with Southern California Edison.
The Engineering Department contacted the original contractor, Bakersfield Well & Pump Co., to assist in restarting the well. During startup, significant drawdown was observed, indicating that the lower portion of the well was likely clogged after years of inactivity. The scope of work was subsequently expanded to determine the cause.
Further investigation, supported by video inspection, revealed that the well’s intake louvers were severely plugged, restricting groundwater flow and causing the drawdown issue.
To restore the well to service, the proposed work includes cleaning and rehabilitating the well casing (brush, bail, and acid wash), installing a packer to optimize pumping depth for water quality, conducting a post-rehabilitation video inspection, and completing a full Title 22 water quality report to evaluate the well’s suitability for operation.
FISCAL IMPACT:
The funds will be paid for by APUA, with no impact on the General Fund. The total project amount is $119,025.50, including a 10% contingency. Work valued at $31,500 has been completed, leaving a remaining balance of $76,705.
221
ATTACHMENTS:
A. Contractor Service Agreement
B. Quote
C. Inspection Report
D. October 2007 Staff Report
222
2512/026150-0001
19521958.1 a11/05/25
ADELANTO PUBLIC UTILITY AUTHORITY
(APUA)
CONTRACT SERVICES AGREEMENT
Well 16 Rehabilitation Project
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this ___12___ day of ___November___, 2025 by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Bakersfield Well & Pump Co. a General Engineering Pipe Construction Company (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on November 12, 2025 Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated 223
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herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any 224
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portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed Thirty (30) calendar days cumulatively from December 12, 2025 to November 12, 2025.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of 225
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Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (I) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum which includes Bid of not to exceed ONE HUNDRED AND EIGHT THOUSAND, TWO HUNDRED AND FIVE 226
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DOLLARS WITH ZERO CENTS ($108,205.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (I) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit B; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
227
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City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor 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 Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments 228
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received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities.
Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
229
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3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractorshall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this 230
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Agreement prior to execution. Contractor acknowledges the insurance policy must cover interinsured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in 231
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an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement. (Voided for this contract)
4.5 All Policies Requirements.
Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: WELL 16
REHABILITATION PROJECT
a. . The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be 234
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secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000). (Voided for this contract)
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in 235
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part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
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.
In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 236
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code 237
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Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (I) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, 238
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or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to 239
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City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (I) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to ten percent (10%) of the total compensation or THIRTY-ONE THOUSAND, FIVE HUNDRED DOLLARS ($31,500), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. 240
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Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall 242
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be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees 243
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awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 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 Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of 244
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Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Richard Burgess, Engineering Services Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Bakersfield Well and Pump Co.
Attn: John Zimmerer
7212 Fruitvale Ave.
Bakerfield, CA 93308
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Richard Burgess, Engineering Services Manager
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
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10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (I) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
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10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
APUA Secretary
Jessie Flores
Attest:
Brenda Lopez, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONTRACTOR
John Zimmerer, General Manager
«Contractor_Signature_2»
[Note: 2 officer’s signatures required if
Contractor 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 WELL 16 REBAILITATION, encompassing all necessary labor, materials, services, and equipment. Compensation shall be the total amount of all lump sum items and all unit price sums, determined by multiplying the unit price for each item by the actual quantity of such items, in an amount not to exceed
ONE HUNDRED AND EIGHT THOUSAND, TWO HUNDRED AND FIVE
DOLLARS WITH ZERO CENTS ($108,205.00) as further detailed in the attached pages (if any).
249
250
WATER WELL
VIDEO REPORT
Well Rehabilitation Services, Inc
Contractor License No.: CA. 983846
PO Box 80365 Bakersfield, CA. 93380
Phone: 661-587-0914 Fax: 661-587-0981 Web: [email protected] Client: Bakersfiel Well & Pump Survey Date: June 5, 2025 Address: 7212 Fruitvale Ave. Invoice: Pending Run: 1
City: Bakersfield State: CA Zip: 93308 Well Name: 16
Requested By: Karson Zimmerer P.O.: KZ25509 Well Owner: City of Adelanto Copy To: Camera: Aries BT9700 Color Camera
Reason For Survey: General Inspection Zero Datum: Top Of Casing Location: .13 miles W/O Beaver Rd & Cassia Rd on S/S/O Cassia Rd Field: City of Adelanto Depth: 873.7 ft. Vehicle: W17
County: San Bernardino Country: Gas Detected: NO LEL: 0.0 H2S: 0.0 CO: 0.0 Type Perfs: Ful Flo Louvers Perf Intervals: 561.7-580 ft. 621.5-751.2 ft. 822.5-870 ft. 1st Csg I.D.: 13.75'' SteelCsg Weight: From: 0 ft. To: 890 ft. 2nd Csg I.D.: Csg Weight: From: To:
I.D Reference: Measured Casing Buildup: Moderate, Increasing W/ Depth S.W.L.: 393.7 ft. P.W.L.: Pump Depth:
Operator: Pineda Latitude: 34.55001° Longitude.: 117.46220° Section: Range: Township:
Other Information:
Notes: Well in building (customer to open) fence with BWP lock, Tight location, roof access see site pictures
WELLBORE SNAPSHOTS
DEPTHS
(SideScan-Feet) WELLBORE / CASING INFORMATION
Downview 24'' deeper than sideview
0.0 Ft. Sideview-Zero Datum
180.5 Ft. Downview-Scale buildup increasing with depth
203.9 Ft. Downview-Multiple patches
205.9 Ft. Sideview-Top of 1st patch overlaping to 241.7' light corrugation visible 214.0 Ft. Sideview-Overlaping patch
220.8 Ft. Sideview-Overlaping patch
227.9 Ft. Sideview-Overlaping patch
0' (See Other Side) 0' (See Other Side)
0' (See Other Side) 0' (See Other Side)
0' (See Other Side) 0' (See Other Side)
180.5' (See Other Side) 203.9' (See Other Side)
205.9' (See Other Side) 214' (See Other Side)
220.8' (See Other Side) 227.9' (See Other Side)
251
WELLBORE SNAPSHOT(S)
Depth: 0 Feet Depth: 0 Feet Depth: 0 Feet
Depth: 0 Feet Depth: 0 Feet Depth: 0 Feet
Depth: 180.5 Feet Depth: 203.9 Feet Depth: 205.9 Feet
Depth: 214 Feet Depth: 220.8 Feet Depth: 227.9 Feet
252
WATER WELL
VIDEO REPORT
Well Rehabilitation Services, Inc
Contractor License No.: CA. 983846
PO Box 80365 Bakersfield, CA. 93380
Phone: 661-587-0914 Fax: 661-587-0981 Web: [email protected] Survey Date: June 5, 2025
Client: Bakersfiel Well & Pump
Well Name: 16
Depth: 873.7 ft.
1st Csg I.D.: 13.75 in. From: 0 ft. To: 890 ft.
2nd Csg I.D.: From: To:
S.W.L.: 393.7 ft. P.W.L.: Pump Depth:
Type Perfs: Ful Flo Louvers
Perf Intervals: 561.7-580 ft. 621.5-751.2 ft.
822.5-870 ft.
Notes: Well in building (customer to open) fence with BWP lock, Tight location, roof access see site pictures
WELLBORE SNAPSHOTS
DEPTHS
(SideScan-Feet) WELLBORE / CASING INFORMATION
241.7 Ft. Sideview-Bottom of multiple overlaping patches 370.0 Ft. Downview-Blank casing
391.7 Ft. Downview-Static Water Level @ 393.7', no oil
410.0 Ft. Downview-Cloudy, no visibility to 549'
411.0 Ft. Sideview-Cloudy,no visibility to 493'
493.0 Ft. Sideview-Visibility cloudy
523.0 Ft. Sideview-Visibility improving with depth
549.0 Ft. Downview-Visibility improving with depth
561.7 Ft. Sideview-Top of FF louvers (plugged with buildup ) 563.0 Ft. Tiltview-Plugged louvers with buildup
580.0 Ft. Downview-Buildup layer continue
589.0 Ft. Downview-Moderate layer of scale buildup
241.7' (See Other Side) 370' (See Other Side)
391.7' (See Other Side) 410' (See Other Side)
411' (See Other Side) 493' (See Other Side)
523' (See Other Side) 549' (See Other Side)
561.7' (See Other Side) 563' (See Other Side)
580' (See Other Side) 589' (See Other Side)
253
WELLBORE SNAPSHOT(S)
Depth: 241.7 Feet Depth: 370 Feet Depth: 391.7 Feet
Depth: 410 Feet Depth: 411 Feet Depth: 493 Feet
Depth: 523 Feet Depth: 549 Feet Depth: 561.7 Feet
Depth: 563 Feet Depth: 580 Feet Depth: 589 Feet
254
WATER WELL
VIDEO REPORT
Well Rehabilitation Services, Inc
Contractor License No.: CA. 983846
PO Box 80365 Bakersfield, CA. 93380
Phone: 661-587-0914 Fax: 661-587-0981 Web: [email protected] Survey Date: June 5, 2025
Client: Bakersfiel Well & Pump
Well Name: 16
Depth: 873.7 ft.
1st Csg I.D.: 13.75 in. From: 0 ft. To: 890 ft.
2nd Csg I.D.: From: To:
S.W.L.: 393.7 ft. P.W.L.: Pump Depth:
Type Perfs: Ful Flo Louvers
Perf Intervals: 561.7-580 ft. 621.5-751.2 ft.
822.5-870 ft.
Notes: Well in building (customer to open) fence with BWP lock, Tight location, roof access see site pictures
WELLBORE SNAPSHOTS
DEPTHS
(SideScan-Feet) WELLBORE / CASING INFORMATION
621.8 Ft. Sideview-Top of 2nd section of FF louvers
650.0 Ft. Tiltview-Plugged louvers continues
700.0 Ft. Downview-Buildup layer continues
750.7 Ft. Downview-Clay on casing seam, possible break
751.9 Ft. Sideview-Bottom of 1st section of loubers
752.6 Ft. Sideview-Clay on casing seam to 821.9' re-inspect if cleaned 752.8 Ft. Downview-Clay on seam continues
765.0 Ft. Downview-Clay & buildup on casing seam continues 822.5 Ft. Sideview-Top of 2nd section of louvers, plugged with buildup 830.0 Ft. Tiltview-Plugged louvers continues
841.0 Ft. Downview-Falling scale & debris, poor visibility 871.7 Ft. Downview-Bottom fill @ 873.7', soft
End of survey
621.8' (See Other Side) 650' (See Other Side)
700' (See Other Side) 750.7' (See Other Side)
751.9' (See Other Side) 752.8' (See Other Side)
765' (See Other Side) 822.5' (See Other Side)
830' (See Other Side) 841' (See Other Side)
871.7' (See Other Side)
255
WELLBORE SNAPSHOT(S)
Depth: 621.8 Feet Depth: 650 Feet Depth: 700 Feet
Depth: 750.7 Feet Depth: 751.9 Feet Depth: 752.6 Feet
Depth: 752.8 Feet Depth: 765 Feet Depth: 822.5 Feet
Depth: 830 Feet Depth: 841 Feet Depth: 871.7 Feet
256
#16 RUN 1
13.75'' Casing
0' - 890'
SWL Depth
393.7'
Total Depth - 890' Fill Depth
890'
Patch Depth
205.9-234'
Ful Flo Louvers
561.7 - 580'
Ful Flo Louvers
621.5 - 751.2'
Ful Flo Louvers
822.5 - 870'
750.7'' Clay Ring On Casing, Possible Break
765' Clay Ring On Casing, Possible Break
700' Louvers Plugged
257
AGENDA REPORT
City of Adelanto
Adelanto Governmental Center
11600 AIR EXPRESSWAY
ADELANTO, CALIFORNIA 92301
DATE: January 10, 2007
TO: Honorable APUA Chairman and Members
FROM: D. James Hart, Executive Director/Secretary
By: Wilson F. So, PE, City Engineer
Request City Council (acting as APUA Board) to approve a construction change order for the equipping of Wells No. 15 and No. 16
SUBJECT:
STAFF RECOMMENDATION:
APUA Board to review the staff request and approve a construction change order for the equipping of Wells No. 15 and No. 16.
BACKGROUND:
Per prior APUA Board action, equipping of the two new wells were awarded to Tennyson Pipeline Company of Hesperia. Well No. 15 (by the Park at Seneca Road) and Well No. 16 (at the northeast comer of parcel within the industrial park) will be equipped with 250 gpm and 500 gpm submersible pump respectively. Most recently it was determined by City staff that Well No. 16 will be utilized to serve two new concrete products plant at the City’s industrial park.
Therefore, pump control for Well No. 16 was modified (plus the addition of a hydro-pneumatic tank) to facilitate this change in future well operation.
FISCAL IMPACT:
This change order actually has a net reduction in cost of about $24,145, reducing the total contract price from $876,395 to $851,250.
ATTACHMENTS:
Change Order document attached.
258
CITY OF ADELANTO
Equipping of Well No. 15 & 16
C.O. #
CONTRACT CHANGE ORDER NO. 1
To Contract for the Equipping of Well No. 15 and Well No. 16, by and between the City of Adelanto (Owner), and Tennyson Pipeline Co.(Contractor). Contractor is hereby directed or has agreed to make the following changes in Contract Works:
Item Description of Change Decrease $ Increase $
No.
During the pre-construction meeting it was determined
that 2-4" and 2-6" check valves are required for pump
column pipe for Well No. 15 and WellNo. 16 respectively to prevent water from backflow into the wells and protect the pumpsfrom backspin. This item results in an addition in cost of $2,946 which covers labor and material.
The use of Well No. 16 water for industrial purpose
requiresrevision in the design. Thisitem includes changes to the piping system(addition of 2-6" welded tees and 2-6" gate valves) in anticipation of installation of
hydropneumatice tank. Thisitem resultsin an addition in cost of $5,419 which covers labor and material.
The Director of APUA requested an addition of one (1)
air-conditioner to each well building to lower the
temperature in the well buildings in the summer and
improve reliability to the motor control centers. This
item results in an addition in cost of $3,000 which covers labor and material.
1 $ 2,946.00
$ 5,419.00
2 $ 3,000.00
3 The Director of APUA requested an addition of polytube $ 1,800.00 type air line assembly with brass connection device at well head for each well for future installation of probes. This item results in an addition ih cost of $1,800 which covers labor and material.
4 The Director of APUA requested an addition of one (1) block to the well buildings,
addition in cost of $3,250 which covers labor and
material.
5 $ 3,250.00
This item results in an
The contract drawings called for clay tile roofing to match ($ 2,950.00) surrounding settings. APUA Director would like to
replace the roof with composite roof to prevent damage
during repair of pump. This item results in a reduction in cost of $2,950.
6 259
CITY OF ADELANTO
Equipping of Well No. 15 & 16
Item Description of Change Decrease $ Increase $
No.
The contract requires existing casing for Well No. 16 at 205-ft to 245-ft and 555-ft to 585-ft below ground surface to be swedged due to water cascade condition and water
quality issue. The swedging would reduced the capacity
of the well and cannot guarantee the quality of water.
With the recommendations from the hydrogeologist, the
swedging shall be deleted from the contract and the water from the well can be used for industrial purpose or be
treated at a later date. This item results in a reduction in cost of $38,610.
7 ($ 38,610.00)
Total Decrease in Contract Amount: ($ 41,560.00)
Total Increase in Contract Amount: $16,415.00
Net Change in Contract Amount: ($ 25,145.00)
Contract Amount Prior to Change: $876,395.00
Contract Amount Adjusted for Change: $851,250.00
It is mutually agreed that the decrease in contract amount constitute full adjustment for all work modified by this Change Order and there is no change on the completion date. The terms of the original contract shall remain in full force and in effect. /
/
Tq* X CT7
Recommended by (City Engineer) Date
y\ o
Accepted by (Contractor)- N? r Date ~ £\
\J V7
Approved by (Owner) Date
260
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: 11/12/2025
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Richard Burgess, Engineering Services Manager
SUBJECT: (Revised) Phase 2 Sensus AMI Implementation Project STAFF RECOMMENDATION:
Staff recommends that the APUA approves Phase 2 Sensus AMI Implementation Project revised quote.
BACKGROUND:
Aqua-Matric Sales Company was originally contracted to install 7,000 Single Port SmartPoint Radio Transmitters at each water meter in the City. These transmitters:
• Eliminate the need for manual meter readings, reducing labor costs and human error. • Provide near real-time consumption data.
• Detect leaks or unusually high water consumption and send alerts automatically. • Minimize water loss and reduce costs associated with undetected leaks. • Free utility staff from manual meter reading tasks.
• Improve billing accuracy through precise, frequent readings. • Reduce customer disputes over estimated or incorrect bills.
Aqua-Matric Sales Company has also installed all necessary infrastructure, deployed the software, and trained staff. Due to the City’s growth, approximately 1,665 additional SmartPoints need to be installed to complete the full billing cycle.
FISCAL IMPACT:
Project costs will be fully funded by APUA, with no impact on the General Fund. The total revised project amount is $384,671.73, reflecting a $413.82 increase to include a required performance bond.
ATTACHMENTS:
A. PSA Contract
B. Quote
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ADELANTO PUBLIC UTILITY AUTHORITY
(APUA)
CONTRACT SERVICES AGREEMENT
Adelanto Sensus AMI Implementation Project
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this 12th day of November , 2025 by and between the ADELANTO PUBLIC UTILITY AUTHORITY, a joint powers authority (“City”), and Thirkettle Corp / Aqua-Metric Sales a Metering Sales, Installation and Implementation Company (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.
SECTION 1. SERVICES.
1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”).
Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.2 Term of Services. The term of this Agreement shall begin on November 12, 2025 Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, 262
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competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Pursuant to Contractor’s warranty hereunder, and without limiting the terms and conditions contained therein, Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of thirty (30) days (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of installation, Contractor shall within ten (10) days, or a longer amount of time as reasonably determined by the parties, after being notified in writing by City of any defect in the work or nonconformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an equal amount of time as provided by Contractor’s warranty, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such 263
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warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or nonconforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
d.1. DISCLAIMER. EXCEPT AS SPECIFICALLY SET FORTH IN THIS
AGREEMENT, THE PRODUCT(S), SERVICE(S), AND SOFTWARE ARE PROVIDED BY CONTRACTOR ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; PROVIDED;
HOWEVER, ANY SUPPLIER WARRANTIES RECEIVED BY CONTRACTOR FROM ITS SUPPLIERS SHALL BE PASSED ON TO CITY.
d.2. Contractor General Warranty. Contractor warrants that the services provided by Contractor will be performed in a professional and workmanlike manner with a degree of care, skill, and competence that is consistent with the then generally accepted industry standards reasonably expected of similar types of engagements and the work will substantially conform to the deliverables specified within the Agreement. Contractor warrants that the product(s) or service(s) within the Agreement shall be provided to the best of Contractor’s reasonable ability and in accordance with the information and data provided by City in the preparation of this Agreement. Except in the event Contractor is hired by City to perform a systemwide audit of City’s utility distribution area, Contractor makes no representation, warranty, or covenants that the equipment or service(s) provided under this Agreement will be identical or commensurate with the actual quantities, model, type, required to complete the work.
d.3. Supplier Warranties. Contractor warrants to provide all software, service(s), and product(s) in new condition, of good quality, and reasonably free from defect. Where available, all supplier warranties shall be assigned to City for its own benefit and where so applicable to the software, service(s), and product(s) furnished by Contractor under this Agreement. Nothing in this Agreement shall be considered to amend, extend, enhance, or limit the supplier warranties offered unless such change has been expressly offered by Contractor’s supplier in writing and incorporated into the Agreement. d.3. Meter Services Limited Warranty. This Meter Services Limited Warranty covers the Meter Services (defined below) furnished under the Agreement and in accordance with the terms and conditions as follows:
I. Definitions.
(a) “Meter Services” means the installation or exchange of certain residential, commercial, or industrial water, electric, or gas utility meter(s) or appurtenances as provided by Contractor or its subcontractor and pursuant to the services performed under this Agreement. (b) “Service Account” means City’s customer’s physical property in which City provides a Utility Service to.
(c) “Utility Service” means the water, electric, and/or gas service offered and provided by City as applicable.
(d) “Worksite” means the actual area of work at the Service Account 264
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where the utility meter is located.
II. General Conditions.
(a) Contractor warrants the Meter Services will be performed in a professional and workmanlike manner with a reasonable degree of care, skill, and competence that is consistent with the then generally applicable industry standards and codes for similar type work.
(b) As noted above, the warranty is valid for a period of thirty (30) days from the date the Meter Services were performed (the “Warranty Period”). (c) The warranty is limited to the actual work performed by Contractor or its subcontractors and does not include work performed by third parties not hired by Contractor.
(d) Contractor reserves the right to inspect the Worksite and determine the best course of action to correct a warranty defect. If a claim for damage or defect is not covered by the warranty, Contractor may, in its sole discretion, invoice City a Site Visit Fee to cover Contractor’s cost for inspecting the Worksite. Contractor’s total liability to City under this warranty is limited to the repair or correction of the defective Meter Services at no charge to the City.
(e) This warranty is limited to the labor provided to perform the Meter Services and does not include labor to replace manufacturer defects unless such defect was actually caused by Contractor’s or it’s subcontractor’s negligence.
(f) The warranty is limited to the actual area of work 1) within the meter box (exterior meter sets) or 2) end-to-end between the meter couplings (interior meter sets).
(g) City acknowledges and agrees Contractor may be unable to reasonably identify the presence of potential or pre-existing damages or defects to the City’s or property owner’s service line. Contractor does not warrant against damage or defect(s), whether or not such damage or defect was known, of the materials currently installed at the Service Account; including but not limited to the utility meter, service line piping, meter couplings, fittings, galvanized lines or fittings, curb stops, shut off valves, meter risers, meter setters, meter boxes or meter box lids, adjacent utilities lines in or around the utility meter, or other similar materials installed by others which have or may fail during the Meter Services due to age, normal wear and tear, deterioration, defect, deflection caused by ground shift, service line spring, high pressure or repressurizing of the water service, noncompliance with current industry regulations or codes, negligence, tampering, or lack of proper or routine maintenance.
(h) City acknowledges the water Utility Service may be temporarily disconnected to conduct the Meter Services and, on occasion, restoration or pressurization of the water service may introduce dirt or loosen service line debris (hard water, scale, sediment, etc.) into the service line. Such event(s) shall not be considered a material breach or negligence of this warranty and Contractor shall not be responsible for damage or defects to household fixtures, including but not limited to water heaters, water softening or 265
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filtration systems, sloan valves, appliances, water pressure, electronics, or any other related appurtenances which rely on the water Utility Service provided by City.
III. Limitations.
(a) Contractor does not warrant against defects to the work resulting from tamper, vandalism, negligence, “Acts-of-God”, pre-existing or uncontrollable conditions, the City’s failure to properly maintain or use the installed equipment as intended, or any service work or repair performed by any third parties not hired by Contractor.
(b) Unless otherwise expressly provided herein, neither Contractor, nor any of its suppliers, vendors, licensors, subcontractors, including employees, agents, or assigns thereof, warrants that the operation of the services will be uninterrupted or error free. Further, neither Contractor, nor any of its suppliers, vendors, licensors, subcontractors, including employees, agents, or assigns thereof, will be responsible for (i) lost revenue, including revenue lost from third parties, persons, or entities, such as bills for electricity, lighting, gas, or water consumption; (ii) any In/Out Costs, where “In/Out Costs means any and all costs and expense incurred by City in transporting goods between City’s warehouse and Service Account, including any and all costs and expenses incurred in installing, uninstalling, and removing goods; and (iii) any manual meter reading costs and expenses.
(c) Contractor, nor any of its suppliers, vendors, subcontractors, or assigns including employees, agents, or assigns thereof, shall not be responsible for any Service Account in which it’s occupant(s) rely on the Utility Service for medical reasons, including proper function of certain medical equipment, and such Service Accounts have not been previously disclosed by City to Contractor. In avoidance of doubt, Contractor expressly disclaims liability for Service Accounts which require Utility Services to operate certain medical equipment including but not limited to breathing machines, respiratory devices, ventilators, cardiac pumps, apnea monitors, feeding equipment, dialysis, communication devices, or other similar devices. City will provide Contractor with a list of all known or suspect Service Accounts which rely on constant Utility Services to operate medical equipment in advance of the Meter Services. TO THE MAXIMUM
EXTENT PERMITTED BY STATE LAW, CITY SHALL HOLD
CONTRACTOR, ITS VENDORS, SUBCONTRACTORS, OFFICERS,
DIRECTORS, MANAGERS, EMPLOYEES, AND ASSIGNS
HARMLESS FROM ANY AND ALL LOSSES, COSTS, FINES,
PENALTIES, DAMAGES, AND OTHER AMOUNTS (INCLUDING
REASONABLE ATTORNEY FEES) INCURRED BY, ASSESSED
AGAINST, OR IMPOSED ON CONTRACTOR AND ARISING FROM
OR IN CONNECTION WITH ANY AND ALL THIRD PARTY SUITS,
CLAIMS, ACTIONS OR DEMANDS FOR (I) PERSONAL INJURIES,
DEATH OR (II) DAMAGE TO TANGIBLE PERSONAL AND REALY
PROPERY CAUSED BY CITY’S FAILURE TO COMPLY WITH THIS
SECTION.
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IV. LIMITATIONS AND DISCLAIMERS OF LIABILITY. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL ANY PARTY HAVE ANY
LIABILITY TO THE ANOTHER PARTY HERETO FOR ANY LOST PROFITS (WHETHER DIRECT OR INDIRECT), LOSS OF USE, COSTS OF COVER, OR
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN
CONTRACT, TORT, WARRANTY OR UNDER ANY OTHER THEORY OF
LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within thirty (30) days from the date Contractor’s invoice has been submitted to City. City shall reject work by a timely written objection, otherwise work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.
1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services.
Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.5 Time. Time is of the essence in the performance of this Agreement. Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred (120) working days from the date all product has delivered to the City’s staging site, except in the event of excusable delay(s) caused by statutory holidays or holidays observed by the City, City blackout dates, force majeure events, City delay(s), or any other delay(s) outside Contractor’s reasonable control.
1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, 267
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including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, manufacturing orsupply chain delays, and/or acts of any governmental agency, including City, if Contractor shall, within ten (10) days of becoming aware of such delay, notify the Contract Administrator in writing of the causes of the delay; provided failure of Contractor to notify the City within the notice period shall not be construed as a waiver of extension request. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay caused by force majeure events, provided Contractor shall be granted an extension of time to equivalent to the time delayed and Contractor shall be compensated for reasonable cost(s), including but not limited to demobilization, remobilization, standdown fees, and or ongoing facilities or equipment rental or lease fees incurred through such delay for delay(s) not caused by Contractor.
1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.
1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (I) has reasonably, and within the best of its ability, considered the Services to be performed as described by the City, (ii) has carefully considered how the Services should be performed, and (iii) reasonably understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other. 268
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SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum which includes Bid of not to exceed THREE HUNDRED EIGHTY-EIGHT THOUSAND, TWO HUNDRED FIFTYSEVEN DOLLARS AND NINETY-ONE CENTS ($388,257.91) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. City shall issue payment for non-disputed invoices within thirty (30) days of the date of Contractor’s invoice. Notwithstanding, if City fails to pay any non-disputed invoice within thirty (30) days of the invoice date, Contractor may, in its sole discretion, 1) withhold or suspend the services until City has paid any delinquent amounts, or 2) seek termination for cause. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices 1) for product(s) when delivered to City’s premises, and 2) monthly for labor completed in the antecedent month during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Where applicable, the invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories.
Invoices shall be submitted to:
City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
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2.5 Retention of Funds, Final Payment.
a. Intentionally omitted.
2.6 Total Payment. Unless otherwise agreed to by the parties in writing, City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion. Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes applicable thereto, except where otherwise provided, all prices are exclusive of federal taxes, state taxes, municipal taxes, tariffs, duties, and other government-imposed fees (collectively the “Taxes and Fees”) related to the procurement, installation, and delivery of materials and equipment. City shall be liable for all Taxes and Fees imposed upon the materials purchased under this Agreement. Taxes and Fees will be added to each applicable invoice and are the responsibility of the City. If City is exempt from sales tax, City is required to provide all applicable tax exemption documentation at the time of purchase. Any changes in Taxes and Fees during this Agreement may result in adjustments to the final invoice accordingly. However, if any such increase in Taxes and Fees exceeds two and three-quarters percent (2.75%) of the total contract price, the APUA shall have the option, at its sole discretion, to either proceed with the Agreement under the adjusted costs or terminate the Agreement without penalty.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 City Provided Storage Location and Contractor Provided Equipment. Consistent with past practices between the City and Contractor, City shall, at itssole cost and expense, provide a location to receive and store materials necessary for Contractor to perform the services required by this Agreement. City shall grant Contractor’s personnel access to the location through the 270
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duration of work as necessary to perform the services. Contractor shall provide all the equipment necessary to perform the work required by this Agreement. 271
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3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. If the Services involve an estimated expenditure in excess of Twenty-Five Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection 8.4 or 8.5 of this Agreement. d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section 272
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throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter- insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees. Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial:
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall 273
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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, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)- year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(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) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage.
(iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement. (Voided for this contract)
4.5 All Policies Requirements.
Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: Adelanto Sensus AMI Implementation Project
a. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified blanket endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.
d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be 276
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secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California.
Contractor shall pay all bond premiums, costs, and incidentals. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in 277
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part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
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. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 278
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code 279
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Section 1771.4, Contractor must submit certified payroll recordsto the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code.
(vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement.
(vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (I) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, 280
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or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractorshall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to 281
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City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. Liquidated damages shall not apply for excusable delay(s) caused by force majeure events, City delay, or any other delay not within Contractor’s reasonable control. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (I) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. 282
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Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials.
Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall 284
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be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless where required by law or as requested by the City Attorney or other state or federal governmental agency having jurisdiction and authority, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees 285
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awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 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 Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of 286
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Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Richard Burgess, Engineering Services Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Thirkettle Corp / Aqua-Metric Sales
Attn: Tommy Thirkettle
4050 Flat Rock Dr.
Riverside, CA 92505
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Richard Burgess, Engineering Services Manager
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
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10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (I) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
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10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
APUA Secretary CONTRACTOR
Jessie Flores
Attest:
Tommy Thirkettle, President
Brenda Lopez, City Clerk Lea Thirkettle, Vice President Approved as to Form:
[Note: 2 officer’s signatures required if
Todd Litfin, General
Counsel
Contractor is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
SCOPE OF SERVICES
Services shall include the Adelanto Sensus AMI Implementation Project, encompassing all necessary labor, materials, services, and equipment. Compensation shall be the total amount of all lump sum items and all unit price sums, determined by multiplying the unit price for each item by the actual quantity of such items, in an amount not to exceed THREE HUNDRED EIGHTY-EIGHT
THOUSAND, TWO HUNDRED FIFTY- SEVEN DOLLARS AND NINETY-ONE CENTS ($388,257.91)as further detailed in the attached pages (if any). i. General Requirements
Contractor shall furnish all labor, materials, equipment, and services necessary for the installation of one thousand six hundred sixty-five (1,665) Sensus 520M Single Port MXU SmartPoint devices (“Work”). All Work shall be performed in a timely, professional, and workmanlike manner, in full compliance with applicable laws, ordinances, codes, and industry standards, and shall result in the proper installation, functionality, and integration of the SmartPoint technology.
ii. Residential Installations
Installation of SmartPoint devices on water meters sized five-eighths inch (5/8") through one inch (1"), one and one-half inch (1 1/2") through two inches (2") (excluding vault installations), and three inches (3") and above. iii. Adders / Special Services
Performance of flagging of meters identified for replacement. iv. Work Order Management System (WOMS) Implementation
Implementation and documentation of each MXU installation within the Work Order Management System (WOMS), on a per-install basis. v. Mobilization
All activities and costs associated with mobilization, including transportation, delivery, setup, and preparation of labor, materials, and equipment necessary to commence the Work.
vi. Bid and Proposal Compliance
If the Services include Services pursuant to a Request for Proposals (“RFP”) or bid, the Services shall include all work contemplated by the entire Bid Package or RFP, including all plans, addenda, documentation, and
EXHIBIT A
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specifications attached thereto. A copy of the Bid Package and/or RFP, as applicable, shall be retained with this Agreement, and the Contractor shall maintain a copy of the same for a minimum of three (3) years following termination of this Agreement.
vii. Staffing, Equipment, and Installation Rates
Contractor shall provide an estimated number of meters to be installed per day and per week, in a format acceptable to the City. Contractor shall also provide detailed information regarding labor, including staffing levels, responsibilities, and the classification of workers assigned to the Project.
Contractor shall furnish a list of all equipment to be used during the installation process, ensuring that such equipment is in good working condition and adequate for the scope of Work.
viii. Resident Notification
Contractor shall notify all affected residents of the anticipated water service interruption by means of a door tag delivered no less than forty-eight (48) hours in advance of installation. Such notice shall clearly state the expected time of service disruption and provide appropriate contact information for inquiries.
ix. Coordination with City Water Department
Contractor shall coordinate with the City’s Water Department during all phases of the Project. Water Department staff will be present to monitor the Contractor during water shut-off and meter installation activities, and the Contractor shall comply with all instructions provided by Water Department personnel to ensure proper procedures and public safety. 292
Sales Quote
Proprietary and Confidential Page 1 of 1
Aqua-Metric Sales Company
Steve Kamiyama | Account Manager
4050 Flat Rock Drive | Riverside, CA 92505
Phone: (951) 233-9545 | Facsimile: (951) 637-1500
[email protected]
Quote for: City of Adelanto
Attention: Richard Burgess
Address:
City, State, ZIP:
Phone:
Email:
Quantity Description Unit Price Line Total
1665 520 M Single Port MXU SmartPoint $162.23 $270,112.95 Istallation Services
1584 Residential Installations 5/8" - 1" SmartPoint Only $48.20 $76,348.80 54 1 1/2" - 2" SmartPoint Only (Excluding Vaults) $87.66 $4,733.64 27 3" and above SmartPoint Only $115.70 $3,123.90
adder: Flagging meter to be replaced $7.50
1665 WOMS Implementation (Per MXU Install) $2.00 $3,330.00 1 Project Management (Monthly Fee) $3,750.00 $3,750.00
1 Mobilization $2,500.00 $2,500.00
1 Bonding Fee $400.00 $400.00
This quote for the product and services named above is subject to the following terms: Subtotal $364,299.29
1. All quotes are subject to the Aqua-Metric Terms of Sale. Shipping & Handling
2. Quote is valid for 90 days Sales Tax $20,372.44
3. Freight allowed on single orders exceeding $80,000.00. Total $384,671.73
4. Net Thirty Days to Pay
5. Returned product may be subject to a 25% restocking fee and within 60 days
6. Sales Tax and/or Freight charges are approximated and may vary on final invoice.
November 6, 2025
TAXES AND FEES. All prices quoted are exclusive of federal taxes, state taxes, municipal taxes, tariffs, duties, and other government-imposed fees (collectively the “Taxes and Fees”) related to the procurement, installation, and delivery of materials and equipment. Customer shall be liable for all applicable Taxes and Fees imposed upon the Goods purchased. Taxes and Fees will be added to each applicable invoice and are the responsibility of the Customer. If Customer is exempt from sales tax, Customer is required to provide all applicable tax exemption documentation at the time of purchase. Any changes in Taxes and Fees may result in adjustments to the final invoice accordingly. 293
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: 11/12/2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY:
Gary Huang, Official Contract Building
SUBJECT: ADOPTION OF ORDINANCE NO. 659 – AMENDING CHAPTER 14, OF THE MUNICIPAL CODE, BY ADOPTING THE 2025 EDITIONS OF THE CALIFORNIA,
BUILDING, MECHANICAL, PLUMBING, ELECTRICAL, FIRE, RESIDENTIAL, GREEN
BUILDING, ENERGY, EXISTING, ADMINISTRATIVE CODE, STATE HISTORIC BUILDING CODE, AND REFERENCED STANDARDS: AMENDMENTS TO CERTAIN
BUILDING CODE SECTIONS BASED UPON LOCAL GEOLOGIC, CLIMATIC, OR
TOPOGRAPHICAL CONDITIONS
STAFF RECOMMENDATION:
1) Introduce for the First Reading Ordinance No. 659 attached), amending Title 14 of the Adelanto Municipal Code concerning the adoption of the 2025 California Building, Mechanical, Plumbing, Electrical, Fire, Residential, Green Building, Energy, Existing, Administrative Codes, and Referenced Standards, including local amendments thereto; Consider the adoption of the new International Code Council (ICC) building valuation tables (attached). 2) Set a Public Hearing for November 12, 2025, for the Second Reading, when the City Council should open a public hearing and receive comments. After the public hearing is closed, the Council should adopt the Ordinance.
3) Instruct the City Clerk to file the findings with the California Building Standards Commission once the Ordinance comes into effect 30 days after adoption.
BACKGROUND:
The California Building Standards Commission published the most recent edition of Title 24 of the California Code of Regulations, known as the California Building Standards Code on July 1, 2025, to become effective on January 1, 2026. (See attached Bulletin 25-01 from the California Building Standards Commission). The Triennial Code Adoption Cycle is a routine rule-making process that occurs every three years in which various State agencies adopt building standards based on national model codes. State law requires local governments to enforce the California Building Standards Code; most cities adopt the published Title 24 by reference.
The City should adopt these codes with any local amendments before January 1, 2026, date. These Building Standards Codes include the 2025 California Building, Residential, Administrative, Electrical, 294
Plumbing, Fire, Existing, Historical, Referenced Standards, Mechanical, Green Building, and Energy Codes. The last complete set of building codes was adopted by the State in 2022 and became effective on January 1, 2023. Based upon express findings, the City amended certain provisions due to the unique climatic, geological, and topographical conditions prevailing within the City pursuant to California Health and Safety Code Sections 17958.5 and 18941.5.
DISCUSSION:
Amendment: Amendments to certain provisions of the 2025 Building Codes, based upon express findings of the City’s unique climatic, geological, or topological conditions, have been made by the staff. Those express findings and amendments are set forth in the proposed Ordinance. California Health and Safety Code Sections 17958.5 and 18941.5 permit amendments to the California Building Standards Codes provided that findings of necessity can be made. See Sections 4 and 5 of the proposed Ordinance. The changes to the Building Code and Residential Code in Section 2 and Section 3 of the proposed Ordinance are consistent with the City’s 2022 amendments. Adelanto Municipal Code further adopts and incorporates the Fire Safety Standards and the Fire Prevention Standards published by the San Bernardino County Fire Department.
Adoption: Staff recommends the adoption of the other 2025 Building Code Standards without the addition of local amendments. See Sections 5 through 16 of the proposed Ordinance.
The proposed amendments and adoptions are consistent with the current City of Adelanto Municipal Code and past practice.
Any amendments, along with the climatic, geological, and topographical conditions that justify those amendments, must be filed with the California Building Standards Commission in order to become legally binding.
ENVIRONMENTAL REVIEW:
The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the prohibitions established hereby, and the Resolution, may have a significant effect on the environment because the Ordinance will impose limitations on activities in the City and will thereby serve to eliminate potentially significant adverse environmental impacts.
The Resolution simply contains findings to support local amendments. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. A Notice of Exemption will be prepared.
FISCAL IMPACT:
A complete set of 2025 California Title 24 Code books is required to be located on site for the City Clerk and Building department: Cost is approximately $1630.
ATTACHMENTS:
Proposed Ordinance No. 659
August 2025 ICC Valuation Table
Building Standards Commission Bulletin 25-01
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ORDINANCE NO. 659
AN ORDINANCE OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ADOPTING BY REFERENCE, THE 2025
EDITIONS OF THE CALIFORNIA BUILDING CODE
VOLUMES 1 AND 2, CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA
ELECTRICAL CODE, CALIFORNIA PLUMBING CODE,
CALIFORNIA FIRE CODE, CALIFORNIA EXISTING
BUILDING CODE, CALIFORNIA HISTORICAL
BUILDING CODE, CALIFORNIA REFERENCED
STANDARDS CODE, CALIFORNIA MECHANICAL
CODE, CALIFORNIA GREEN BUILDING STANDARDS
CODE, CALIFORNIA ENERGY CODE, AND RELATED
REFERENCE STANDARDS CODES WITH
APPENDICES, ICC VALUATION TABLES, AND
AMENDMENTS THERETO; ADOPTING LOCAL
AMENDMENTS TO SPECIFIED CHAPTERS OF TITLE
14 OF THEADELANTO MUNICIPAL CODE
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the adoption by reference of the Codes specified in the title of this Ordinance; and WHEREAS, at least one copy of each said Codes certified as full, true, and correct by the City Clerk of the City of Adelanto (“City”) has been filed in the Office of the City Clerk and posted electronically on the City’s website in accordance with the provisions of Government Code Section 50022.6; and
WHEREAS, certain model and uniform codes, including the 2025 California Building Volumes 1 and 2, Residential, Administrative, Electrical, Plumbing, Fire, Existing Building, Historical, Referenced Standards, Mechanical, Green Building and Energy Codes (hereinafter referred to collectively as the “Codes”) located within Title 24 of the California Code of Regulations and including building standards therein, are adopted and amended by the State of California in the 2025 Building Standards Code. On January 1, 2026, the California Building Standards Code will become applicable in the City, subject to amendments made herein by the City pursuant to State law; and
WHEREAS, Health and Safety Code Sections 17958 and 18941.5 permit local amendments to building standards adopted by the State, based upon express findings that such amendments are reasonably necessary due to local climatic, geological and/or topographical conditions. Under Health and Safety Code Section 17922, such local amendments must be at least as or more restrictive than the building standards adopted by the State; and WHEREAS, the City’s Development Services Department has recommended that amendments and modifications be made to certain provisions of the Codes and has advised that 296
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certain said amendments and modifications to the 2025 California Building Standards Code are reasonably necessary due to local conditions in the City of Adelanto, described as follows:
a) The City is subject to relatively low amounts of precipitation, very low humidity levels and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, during July, August and September, temperatures often exceed 100 degrees Fahrenheit. During the same months’ humidity is usually less than 40% and humidity measurements less than 10% are not uncommon. These conditions contribute to an increased likelihood of fire.
Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions.
b) The City is subject to extremely strong winds, commonly referred to as the “Santa Ana Winds”, which reach speeds in excess of 80 miles per hour. Extensive damage often occurs during such winds including downed trees, utility poles, utility circuits and utility service lines. These adverse conditions can cause: (1) fires, (2) impairment to emergency apparatus access, (3) delays in response times of emergency apparatus, and (4) the depletion of apparatus readily available for fire suppression activities. These windstorms commonly last from three to seven days. c) The City's neighboring foothills create a unique fire hazard. This is because fire Service is provided by both the County of San Bernardino and the California Division of Forestry. Fire unitsfrom both Fire Departments are often sent to assist in the extinguishment of fast moving and wind assisted fires in the neighboring foothills.
d) The City is located in an area, which due to its climate, geology, and topography is highly susceptible to fires, strong winds, low precipitation, and seismic activity making necessary the adoption of additional requirements to ensure the City's residential, commercial, and industrial building stock is designed, preserved and maintained in such a condition as to protect the safety of itsresidents. e) The City is located in Southern California, in an extremely active seismic region, with high levels of historic earthquake activity in the recent past and can be expected to experience significant strong seismic activity within the foreseeable future.
WHEREAS, the City Council of the City of Adelanto is informed and finds that it is reasonably necessary to amend the 2025 California Building Standards Code, specifically, certain provisions of the California Building Code, to meet the particular climatic, geological, and topographical conditions existing in the City; and WHEREAS, a duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066; and
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WHEREAS, all legal prerequisites relating to the adoption of this Ordinance have occurred.
THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and incorporated herein by reference.
SECTION 2. Section 14.12.010 of the Adelanto Municipal Code is hereby amended in its entirety to read as follows:
“14.12.010 Adoption and Amendment.
A. The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Building Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 2, as modified and amended in this Section and including Appendices G (FloodResistant Construction), H (Signs), I (Patio Covers), and J (Grading).
B. Section 105.2 of Chapter 1, Division II of the 2025 California Building Code is hereby amended by omitting items 2, 4, and 5, as follows:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed than 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.
2. Fences, other than swimming pool barriers, not over 7 feet (2134 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two298 ORDINANCE NO. 659
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family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Amended to read as:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed than 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.
2. Oil derricks.
3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
4. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work that does not involve electrical, mechanical or plumbing work.
5. Temporary motion picture, television and theater stage sets and scenery.
6. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
7. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
8. Swings and other playground equipment are accessories to detached one- and two-family dwellings.
9. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
10. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
C. Section 113.3 of the California Building Code is amended to read as follows:
113.3 Qualifications. (Board of Appeals) The City Council shall act as the board of appeals.
SECTION 3. Section 14.13.010 of the Adelanto Municipal Code is herein amended in its entirety to read as follows:
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“14.13.010 Adoption.
A. The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Residential Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part
2.5, including Appendices BF (Patio Covers), BH (Automatic Vehicular Gates), BO (Existing Buildings and Structures).”
B. Section R105.2 of Chapter 1, Division II of the 2025 California Residential Code is hereby amended by omitting items 2, 3, and 4, as follows
1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Part 7 California Wildland UrbanInterface Code, despite exemption from permit.
2. Fences not over 7 feet (2134 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling or townhouse and do not serve the exit door required by Section R318.4.
Amended to read as:
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1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Part 7 California Wildland Urban-Interface Code, despite exemption from permit.
2. Sidewalks and driveways.
3. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
4. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
5. Swings and other playground equipment.
6. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
7. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling or townhouse and do not serve the exit door required by Section R318.4.
C. Section R112.3 of the California Residential Code is amended to read as follows:
R112.3 Qualifications. (Board of Appeals) The City Council shall act as the board of appeals.
SECTION 4. The amendments and modifications to the 2025 California Building Code and California Residential Code, are found to be reasonably necessary due to the following findings regarding local climatic, geological, and topographical conditions in the City of Adelanto:
(1) Local Climatic Conditions.
A. The City is subject to extremely strong winds, commonly known as “Santa Ana Winds” which can reach speeds in excess of 90 miles per hour.
Extensive damage frequently accompanies these winds, such as blowing sand and debris, downed power lines, fallen trees, overturned vehicles, and structural damage to buildings. These conditions result in increased demand for fire services, blocked or delayed emergency vehicle access and impaired water supplies and building emergency systems.
B. During the summer months, the Santa Ana Winds produce periods of extremely low humidity, thereby reducing the fuels moisture and increasing 301
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the possibility and severity of fire from dry vegetation and other common combustibles.
C. During the summer months, much of the City experiences prolonged periods of temperatures in excess of 1000F. When coupled with sustained severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists.
D. During the winter months, heavy rains routinely cause damage to roadways rendering them completely impassible, or with limited access, sometimes for extended periods.
E. During winter months, heavy snow and ice conditions exist in the mountain areas resulting in increased demand for fire services and limiting or delaying emergency vehicle access. In some cases, emergency vehicle access roads are completely impassible, or have limited access, sometimes for extended periods.
(2) Local Geological Conditions.
A. The City is subject to moderately strong to severe shaking and surface ruptures resulting from numerous known earthquake faults located throughout the City, these local earthquake faults have the potential to cause severe personal and property damage, utility interruptions, fire hazards and hazardous materials releases, Additionally, significant roadway, bridge structure, water supply and communications systems are subject to failure, thereby causing a detriment to emergency services response.
B. Unstable slopes in several areas throughout the City have experienced soil movement as a result of heavy or soaking rains, resulting in damage to roadways, structures and utilities.
C. Some desert areas of the City have limited aquifers, exceptionally deep aquifers or aquifers providing only brackish or contaminated water supplies, this limits, or in some cases eliminates, water supplies available for firefighting purposes.
(3) Local Topographical Conditions.
A. The City encompasses an area with limited access routes connecting valley, mountain, and desert areas. This distance, combined with these limited access routes, results in delays in the reallocation of resources to emergency scenes.
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B. The topography of the City is exceptionally diverse, ranging from relatively flat, and valley areas, to foothill areas, and canyon areas. This results in some areas that are inaccessible to radio communications, which hampers emergency response capabilities.
C. The diverse topography of the City results in numerous water purveyors and water pressure zones throughout the response areas. This results in many areas having limited, unreliable or unavailable water supplies available for firefighting purposes.
D. The City is traversed by several high voltage electrical transmission lines which cross over inaccessible desert and foothill brush-covered areas, as well as heavily forested steep mountain areas. High winds have caused damage to these lines, resulting in vegetation fires. Access to many of these areas is unavailable to vehicles, making response to these fires unusually difficult.
SECTION 5. In addition to the general findings identified above in Section 4, the additional findings as set forth below further and more specifically support amendments and modifications to the 2025 California Building Code and California Residential Code, are hereby found to be reasonably necessary as follows:
(1) Amended California Building Code Section 105.2 and California Residential Code Section R105.2. Building permits are required for fences, retaining walls, and water tanks due to the high winds, earthquake potential, and topographic conditions within the City of Adelanto that require heightened review of such items. (See Section 4, Findings 1(A) – (E); 2(A) – (C); and 3(A) – (D)). (2) Amended California Building Code Section 113.3 and California Residential Code Section R112.3. Sections are amended as an administrative matter pursuant to designate the City Council as the Board of Appeals. (See Section 4, Findings 1(A) – (E); 2(A) – (C); and 3(A) – (D)).
SECTION 6. Section 14.14.010 of the Adelanto Municipal Code is herein amended in its entirety to read as follows:
“14.14.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Administrative Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 1” SECTION 7. Section 14.16.010 of the Adelanto Municipal Code is herein amended in its entirety to read as follows:
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“14.16.10 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Electrical Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 3.” SECTION 8. Section 14.18.010 of the Adelanto Municipal Code is herein amended in its entirety to read as follows:
“14.18.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Plumbing Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 5, including Appendices A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste and Vent Systems), D (Sizing Storm Water Drainage Systems), F (Firefighter Breathing Air Replenishment Systems), H (Private Sewage Disposal Systems), and I (Installation Standard).”
SECTION 9. Section 14.20.010 of the Adelanto Municipal Code is hereby amended in its entirety to read as follows:
“14.20.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Fire Code, published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 9, together with Appendices B (Fire Flow Requirements For Buildings), C (Fire Hydrant Locations And Distribution), E (Hazard Categories), F (Hazard Ranking), G (Cryogenic Fluids—Weight And Volume Equivalents), and H (Hazardous Materials Management Plans And Hazardous Materials Inventory Statements).
Pursuant to California Fire Code sections 102.9, 103 and 104, 1, the Adelanto Municipal Code further adopts and incorporates the Fire Safety Standards and the Fire Prevention Standards published by the San Bernardino County Fire Department.” SECTION 10. Section 14.23.010 of the Adelanto Municipal Code is hereby amended in its entirety to read as follows:
“Section 14.23.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Existing Building Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 10.” SECTION 11. Section 14.24.010 of the Adelanto Municipal Code is hereby amended in its entirety to read as follows:
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“Section 14.24.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Historical Building Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 8.” SECTION 12. Section 14.25.010 of the Adelanto Municipal code is hereby amended to read as follows:
“14.25.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Referenced Standards Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 12.” SECTION 13. Section 14.26.010 of the Adelanto Municipal Code is hereby amended in its entirety to read as follows:
“14.26.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Mechanical Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 4, including appendices B (Gas equipment procedures) and F (Venting Systems & Outdoor Combustion Sizing).” SECTION 14. Section 14.27.010 of the Adelanto Municipal Code is hereby amended in its entirety to read as follows:
“14.27.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Green Building Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 11.” SECTION 15. Section 14.28.010 of the Adelanto Municipal Code is hereby amended in its entirety to read as follows:
“14.28.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2025 California Energy Code published by the California Building Standards Commission and to be codified in California Code of Regulations Title 24, Part 6.” SECTION 16. Section 14.29.010 of the Adelanto Municipal Code is hereby amended to read as follows:
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“14.29.010 Adoption.
The Adelanto Municipal Code hereby adopts and incorporates by reference the 2024 International Property Maintenance Code published by the International Code Council.” SECTION 17. A copy of this Ordinance adopting the California Building Standards Code as amended herein shall be filed with the California Department of Housing and Community Development and the California Building Standard Commission by the City Clerk of the City of Adelanto.
SECTION 18. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. It is therefore exempt from review under the California Environmental Quality Act pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines).
SECTION 19. The City Council declares that should any provisions, sections, paragraphs, sentence, or word of this Ordinance be rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.
SECTION 20. The Mayor shall sign, and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard.
SECTION 21. This Ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Adelanto on this 12th day of November 2025.
_____________________________
Gabriel Reyes, Mayor
ATTEST:
___________________________________
Brenda Lopez, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Todd Litfin, City Attorney
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 659 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 12th day of November 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this 12th day of November 2025.
______________________________
Brenda Lopez, City Clerk
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Building Valuation Data – AUGUST 2025
The International Code Council is pleased to provide the following Building Valuation Data (BVD) for its members. The BVD will be updated at six-month intervals, with the next update in February 2026. ICC strongly recommends that all jurisdictions and other interested parties actively evaluate and assess the impact of this BVD table before utilizing it in their current code enforcement related activities.
The BVD table provides the “average” construction costs per square foot, which can be used in determining permit fees for a jurisdiction. Permit fee schedules are addressed in Section 109.2 of the 2024 International Building Code (IBC) whereas Section 109.3 addresses building permit valuations. The permit fees can be established by using the BVD table and a Permit Fee Multiplier, which is based on the total construction value within the jurisdiction for the past year. The Square Foot Construction Cost table presents factors that reflect relative value of one construction classification/occupancy group to another so that more expensive construction is assessed greater permit fees than less expensive construction.
ICC has developed this data to aid jurisdictions in determining permit fees. It is important to note that while this BVD table does determine an estimated value of a building (i.e., Gross Area x Square Foot Construction Cost), this data is only intended to assist jurisdictions in determining their permit fees.
This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not representative of specific construction.
This degree of precision is sufficient for the intended purpose, which is to help establish permit fees so as to fund code compliance activities. This BVD table provides jurisdictions with a simplified way to determine the estimated value of a building that does not rely on the permit applicant to determine the cost of construction. Therefore, the bidding process for a particular job and other associated factors do not affect the value of a building for determining the permit fee. Whether a specific project is bid at a cost above or below the computed value of construction does not affect the permit fee because the cost of related code enforcement activities is not directly affected by the bid process and results.
Building Valuation
The following building valuation data represents average valuations for most buildings. In conjunction with IBC Section 109.3, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again it should be noted that, when using this data, these are
“average” costs based on typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and does not take into account any regional cost differences. As such, the use of Regional Cost Modifiers is subject to the authority having jurisdiction.
Permit Fee Multiplier
Determine the Permit Fee Multiplier:
1. Based on historical records, determine the total annual construction value which has occurred within the
jurisdiction for the past year.
2. Determine the percentage (%) of the building
department budget expected to be provided by
building permit revenue.
3. Example
The building department operates on a $300,000 budget, and it expects to cover 75 percent of that from building permit fees.
The total annual construction value which occurred within the jurisdiction in the previous year is $30,000,000.
Permit Fee
The permit fee is determined using the building gross area, the Square Foot Construction Cost and the Permit Fee Multiplier.
Permit Fee = Gross Area x Square Foot Construction Cost X Permit Fee Multiplier
Example
Type of Construction: IIB
Area: 1st story = 8,000 sq. ft.
2nd story = 8,000 sq. ft.
Height: 2 stories
Permit Fee Multiplier = 0.0075
Use Group: B
1. Gross area:
Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft.
2. Square Foot Construction Cost:
B/IIB = $268.41/sq. ft.
3. Permit Fee:
Business = 16,000 sq. ft. x $268.41/sq. ft x 0.0075
= $32,209.20
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Important Points
● The BVD is not intended to apply to alterations or
repairs to existing buildings. Because the scope of
alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does
not reflect accurate values for that purpose. However,
the Square Foot Construction Costs table can be used
to determine the cost of an addition that is basically a stand-alone building which happens to be attached to
an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the
existing building.
● For purposes of establishing the Permit Fee Multiplier, the estimated total annual construction value for a
given time period (1 year) is the sum of each building’s value (Gross Area x Square Foot Construction Cost)
for that time period (e.g., 1 year).
● The Square Foot Construction Cost does not include
the price of the land on which the building is built. The Square Foot Construction Cost takes into account
everything from foundation work to the roof structure
and coverings but does not include the price of the
land. The cost of the land does not affect the cost of
related code enforcement activities and is not included in the Square Foot Construction Cost.
Square Foot Construction Costs a, b, c
Group (2024 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 340.83 328.70 319.00 306.43 286.33 278.03 295.95 266.82 256.61 A-1 Assembly, theaters, without stage 312.91 300.78 291.08 278.51 258.66 250.36 268.03 239.14 228.94 A-2 Assembly, nightclubs 272.09 264.11 255.82 246.06 230.47 224.21 237.62 209.58 201.63 A-2 Assembly, restaurants, bars, banquet halls 271.09 263.11 253.82 245.06 228.47 223.21 236.62 207.58 200.63 A-3 Assembly, churches 317.60 305.47 295.77 283.20 263.47 255.18 272.73 243.96 233.75 A-3 Assembly, general, community halls, libraries,
museums 266.72 254.59 243.89 232.31 211.46 204.17 221.84 191.95 182.74 A-4 Assembly, arenas 311.91 299.78 289.08 277.51 256.66 249.36 267.03 237.14 227.94 B Business 301.40 290.70 280.27 268.41 245.13 236.39 258.10 219.07 209.02 E Educational 290.11 279.78 270.34 258.97 240.45 228.20 250.06 210.46 203.65 F-1 Factory and industrial, moderate hazard 165.82 157.82 147.89 142.31 126.72 120.56 135.68 105.08 97.84 F-2 Factory and industrial, low hazard 164.82 156.82 147.89 141.31 126.72 119.56 134.68 105.08 96.84 H-1 High Hazard, explosives 154.69 146.69 137.76 131.18 116.91 109.75 124.55 95.27 0.00 H234 High Hazard 154.69 146.69 137.76 131.18 116.91 109.75 124.55 95.27 87.03 H-5 HPM 301.40 290.70 280.27 268.41 245.13 236.39 258.10 219.07 209.02 I-1 Institutional, supervised environment 277.74 267.79 258.23 248.47 227.43 221.32 247.95 204.83 197.52 I-2 Institutional, hospitals 473.85 463.15 452.71 440.86 415.54 0.00 430.54 389.49 0.00 I-2 Institutional, nursing homes 326.90 316.19 305.76 293.90 272.12 0.00 283.59 246.07 0.00 I-3 Institutional, restrained 318.07 307.36 296.93 285.07 264.31 254.57 274.76 258.10 226.20 I-4 Institutional, day care facilities 277.74 267.79 258.23 248.47 227.43 221.32 247.95 204.83 197.52 M Mercantile 203.08 195.10 185.80 177.05 161.11 155.85 168.60 140.22 133.27 R-1 Residential, hotels 280.94 270.99 261.43 251.67 230.13 224.02 251.15 207.53 200.22 R-2 Residential, multiple family 234.59 224.64 215.08 205.32 185.03 178.92 204.80 162.43 155.12 R-3 Residential, one- and two-family d 218.08 212.28 207.18 202.76 195.98 189.00 206.85 182.23 170.80 R-4 Residential, care/assisted living facilities 277.74 267.79 258.23 248.47 227.43 221.32 247.95 204.83 197.52 S-1 Storage, moderate hazard 153.69 145.69 135.76 130.18 114.91 108.75 123.55 93.27 86.03 S-2 Storage, low hazard 152.69 144.69 135.76 129.18 114.91 107.75 122.55 93.27 85.03 U Utility, miscellaneous 122.65 115.66 107.12 102.79 91.57 85.78 97.87 72.88 69.64 a. Private Garages use Utility, miscellaneous
b. For shell only buildings deduct 20 percent
c. N.P. = not permitted
d. Unfinished basements (Group R-3) = $31.50 per sq. ft. 309