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
FEBRUARY 25, 2026
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 Stadium
Conference Room
12000 Stadium Way,
Adelanto CA, 92301
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://watch.adelantoca.gov and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference: https://meet.adelantoca.gov
Or Telephone:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
FEBRUARY 25, 2026
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
FEBRUARY 25, 2026
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.
C. APPROVAL OF AGENDA
M__________________S__________________ACTION___________ D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS
A. CALL TO ORDER—REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
Inland Equity Community Land Trust.
3 REGULAR MEETING
FEBRUARY 25, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. 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
H. 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. Adoption of Resolution No. 26-03 rescinding Resolution No. 25-35 and authorizing the officers and/or employees to conduct business related to the Local Agency Investment Funds.
RESOLUTION NO. 26-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA,
RESCINDING RESOLUTION NO. 25-35 AND AUTHORIZING
INVESTMENT OF MONIES IN THE LOCAL AGENCY
INVESTMENT FUND
3. Adoption of Resolution No. 26-04 of the City Council of the City of Adelanto, State of California, approving the Expenditure Plan for the expenditure of revenues in San Bernardino County expected to be derived from the proposed continuation of Measure I.
RESOLUTION NO. 26-04
CITY OF ADELANTO, STATE OF CALIFORNIA, APPROVING THE
EXPENDITURE PLAN FOR THE EXPENDITURE OF REVENUES IN SAN
BERNARDINO COUNTY EXPECTED TO BE DERIVED FROM THE
PROPOSED CONTINUATION OF MEASURE I
4 REGULAR MEETING
FEBRUARY 25, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
4. Approval of Warrant Demand Schedule 25/26-08-02
a. City of Adelanto Check Warrant No. 151670 through 151713 in total amount of $183,680.75.
b. City of Adelanto EFT No. 4241 through 4246 and 4948 through 5024 in total amount of $2,643,224.10.
M__________________ S__________________ ACTION_______________ I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
1. 2.
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
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.
Approval of Sewer Department Report.
M__________________ S__________________ ACTION_______________ J. NEW BUSINESS
OPEN: CLOSED
1. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FOR INFORMATION TECHNOLOGY
SERVICES WITH DATA NET SOLUTIONS (SABA)
RECOMMENDATION: Staff recommends City Council approve a Professional Service Agreement (PSA) with Data Net Solutions, Inc. in the amount of $297,006, a one year contract with two (2) administratively done one year extensions with $297,006 per year cost for Managed IT Services and Information Technology Consultant Support and authorizing the City Manager to sign the agreement and approve minor non-substantive amendments consistent with the approved budget and subject to legal approval on behalf of the City Council.
M__________________S__________________ACTION__________________ 5 REGULAR MEETING
FEBRUARY 25, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us OPEN: CLOSED
2. APPROVAL OF PORFESSIONAL SERVICE AGREEMENT FOR TRAFFIC SIGNAL AT RANCHO ROAD AND BELLFLOWER STREET; AND FOR BELLFLOWER STREET
IMPROVEMENTS (SABA)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Minagar & Associates, Inc. in the amount of $289,876.50 for Traffic Signal at Rancho Road and Bellflower Street Improvements; and for Bellflower Street Improvement Design Services and authorizing the City Manager to sign the agreement on behalf of the City Council.
M__________________S__________________ACTION__________________ OPEN: CLOSED
3. APPROVAL OF ORDINANCE NO. 661 OF THE CITY OF ADELANTO PERTAINING TO
THE MAINTENANCE OF VACANT LAND OR PROPERTY
ORDINANCE NO. 661
AN ORDINANCE OF THE CITY OF ADELANTO PERTAINING
TO THE MAINTENANCE OF VACANT LAND OR PROPERTY
RECOMMENDATION: Staff recommends City Council introduce and conduct the first reading of Ordinance No. 661 to approve an ordinance of the city of Adelanto pertaining to the maintenance of vacant land or property. City Council schedules the second reading of Ordinance No. 661 for the next regularly scheduled Council meeting.
M__________________S__________________ACTION__________________ OPEN: CLOSED
4. DISCUSSION ITEM- ARTWORK UTILITY BOXES. (JESSIE)
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.
M__________________S__________________ACTION__________________ 6 REGULAR MEETING
FEBRUARY 25, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us OPEN: CLOSED
5. DISCUSSION – REBRANDING OF THE CITY LOGO. (JESSIE)
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction to staff.
K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. 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.
M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 11, 2026, at 11:00 a.m. at Adelanto Stadium 12000 Stadium Way, Adelanto CA, 92301.
TIME OUT: ______________
M__________________S__________________ACTION____________________ 7 REGULAR MEETING
FEBRUARY 25, 2026
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 FEBRUARY 19, 2026, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, IN ADELANTO, CALIFORNIA.
Brenda Lopez, City Clerk, CMC
P. DECLARATION OF POSTING
8 REGULAR MEETING
FEBRUARY 25, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.
CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.
CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.
LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 9 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121
REGULAR MEETING
OF THE ADELANTO CITY COUNCIL
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
FEBRUARY 25, 2026
All of our meetings are streamed live at https://watch.adelantoca.gov and are also available for playback after the meeting.
Participate via zoom please log in using any of the options below:
Teleconference https://meet.adelantoca.gov
TIME TELECONFERENCE
Location:
Conference Room
12000 Stadium Way
Adelanto CA , 92301 To Participate and and Call in for public comments:
Please call 1-669-900-6833 along with
conference code 931 4644 4676 Passcode: 7601
Open Session – 11:00 a.m.
Dated: February 19, 2026 Brenda Lopez, City Clerk, CMC
10 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: February 25, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk/Director of Governmental Services SUBJECT: ADOPT RESOLUTION NO. 26-03 RESCINDING RESOLUTION 25-35 AND
AUTHORIZING EMPLOYEES TO CONDUCT BUSINESS WITH LOCAL AGENCY INVESTMENT FUNDS (LAIF).
STAFF RECOMMENDATION:
It is recommended that:
1. the City Council adopt Resolution No. 26-03 rescinding Resolution No. 25-35 and authorizing the officers and/or employees to conduct business related to the Local Agency Investment Funds; and
2. the State Treasurer’s Office form STO-LAIF-4008 be signed and submitted with an executed copy of City Resolution No. 26-03 as required by the State Treasurer’s office to replace former such documents.
BACKGROUND:
As a result of changes in staff, it is necessary to update the City of Adelanto officers and/or employees that are authorized to conduct transactions or have access to reports for the Local Agency Investment Fund (LAIF) as established with the State Treasury under Government Code section 16429.1 et. seq. In order to do so, the City Council must adopt a resolution rescinding any previous resolutions (Resolution No. 25-35) and authorize officers and/or employees to conduct transactions.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. City Resolution 26-03
2. State Treasurer’s Office Form STO-LAIF-4008
11 1
RESOLUTION NO. 26-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA,
RESCINDING RESOLUTION NO. 25-35 AND AUTHORIZING
INVESTMENT OF MONIES IN THE LOCAL AGENCY
INVESTMENT FUND
WHEREAS, the Local Agency Investment Fund (“LAIF”) is established in the State Treasury under Government Code section 16429.1, et sequentes, for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council of the City of Adelanto wishes to rescind Resolution No. 18-57 authorizing investment of monies in the Local Agency Investment Fund; and WHEREAS, the City Council of the City of Adelanto hereby finds that the deposit and withdrawal of money in the LAIF in accordance with Government Code section 16429.1, et sequentes, for the purpose of investment as provided therein is in the best interests of the CITY.
NOW, THEREFORE, BE IT IS RESOLVED that the City Council hereby rescinds Resolution No. 25-35 effective February 25, 2026
BE IT FURTHER RESOLVED, as follows:
SECTION 1. That the City Council hereby authorizes the deposit and withdrawal of monies in the LAIF in the State Treasury in accordance with Government Code section 16429.1, et sequentes, for the purpose of investment as provided therein.
SECTION 2. The following City of Adelanto (“CITY”) officers holding the titles specified below, or their successors in office, are each hereby authorized to order the deposit or withdrawal of monies in the LAIF and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this Resolution and the transactions contemplated hereby:
Jessie Flores City Manager __________________________
Name Title Signature
Brenda Lopez City Clerk __________________________
Name Title Signature
Diana Gunn Finance Manager __________________________
Name Title Signature
12 2
Taisha Paschal Senior Accountant __________________________ Name Title Signature
Dana Craig Accounting Technician II __________________________ Name Title Signature
SECTION 3. This Resolution shall remain in full force and effect until rescinded by the CITY Council by resolution and a copy of the resolution rescinding this Resolution is filed with the State Treasurer’s Office.
PASSED AND ADOPTED by the CITY of Adelanto, San Bernardino County, State of California, on the 25th day of February, 2026
By ______________________________
Gabriel Reyes, Mayor
______________________________
Brenda Lopez, CMC
City Clerk
13 3
I, Brenda Lopez, City Clerk, do hereby certify that the foregoing City of Adelanto Resolution No. 26-03 was duly and regularly adopted at a regular meeting of the Adelanto City Council on this 25th day of February, 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set me hand and affix the official seal of the City of Adelanto, on this 25th day of February, 2026.
_________________________
Brenda Lopez, CMC
City Clerk
14 California State Treasurer’s Office
Local Agency Investment Fund (LAIF)
Authorization for Transfer of Funds
Effective Date Agency Name LAIF Account #
Agency’s LAIF Resolution # or Resolution Date
ONLY the following individuals whose names appear in the table below are hereby authorized to order the deposit or withdrawal of funds in LAIF. This authorization REPLACES AND SUPERSEDES all prior authorizations on file with LAIF for the transfer of funds.
Name Title
Two authorized signatures required. Each of the undersigned certifies that he/she is authorized to execute this form under the agency’s resolution, and that the information contained herein is true and correct.
Signature Signature
Print Name Print Name
Title Title
Telephone Telephone
Please provide email address to receive LAIF notifications.
Name Email
Mail completed form to: State Treasurer’s Office
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
STO-LAIF-4008
Revised 8/2018
15 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: February 25, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jessie Flores, City Manager
SUBJECT: ADOPT A RESOLUTION NO. 26-04 OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, STATE OF CALIFORNIA, APPROVING THE EXPENDITURE PLAN
FOR THE EXPENDITURE OF REVENUES IN SAN BERNARDINO COUNTY
EXPECTED TO BE DERIVED FROM THE PROPOSED CONTINUATION OF MEASURE I.
STAFF RECOMMENDATION:
Adopt a Resolution of the City Council of the City of Adelanto, State of California, approving the Expenditure Plan for the expenditure of revenues in San Bernardino County expected to be derived from the proposed continuation of Measure I.
BACKGROUND:
Measure I is the existing one-half cent (½¢) countywide transportation sales tax approved by voters in San Bernardino County to fund transportation improvements, including local street maintenance, congestion relief, safety enhancements, and regional transportation infrastructure.
The proposed continuation of Measure I would extend the current transportation sales tax measure to provide continued funding for transportation-related improvements throughout San Bernardino County. As part of the continuation process, jurisdictions are required to adopt an Expenditure Plan outlining the intended use of future revenues consistent with the Measure’s guidelines.
The City of Adelanto receives Measure I Local Streets Program funds to support roadway maintenance, rehabilitation, safety improvements, and related transportation infrastructure needs. Adoption of this Resolution formally acknowledges and approves the City’s Expenditure Plan in anticipation of revenues derived from the proposed continuation of Measure I.
If approved by the voters of San Bernardino County, the continuation of Measure I will:
16 • Provide a stable and reliable funding source for local street and road improvements; • Support pavement rehabilitation and preventative maintenance programs; • Enhance traffic safety and circulation improvements;
• Assist in leveraging additional state and federal transportation funds; and • Contribute to long-term transportation planning and infrastructure sustainability within the City of Adelanto.
The proposed Expenditure Plan identifies eligible transportation projects and programs consistent with Measure I requirements and ensures that funds will be used solely for authorized transportation-related purposes.
Adoption of this Resolution does not create new taxes but supports the continuation of an existing voter-approved transportation funding source, subject to voter approval.
The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 and therefore is not subject to environmental review.
FISCAL IMPACT:
There is no direct fiscal impact associated with adoption of this Resolution. If approved by the voters, continuation of Measure I is expected to provide ongoing transportation revenues to the City of Adelanto for eligible roadway and infrastructure improvements.
ATTACHMENTS:
1. Resolution No. 26-04 Approving the Expenditure Plan for Revenues Expected to Be Derived from the Proposed Continuation of Measure I
17 RESOLUTION NO. 26-04
CITY OF ADELANTO, STATE OF CALIFORNIA,
APPROVING THE EXPENDITURE PLAN FOR
THE EXPENDITURE OF REVENUES IN SAN BERNARDINO COUNTY
EXPECTED TO BE DERIVED FROM THE PROPOSED CONTINUATION OF MEASURE I On Wednesday ____________, 2026, on motion of (Supervisor/Councilmember) , duly seconded by (Supervisor/Councilmember) and carried, the following Resolution is adopted by the (Jurisdiction), State of California.
WHEREAS, the voters of San Bernardino County passed Measure I in November 1989 and renewed it in 2004, authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one-half of one percent transactions and use tax for transportation improvements, applicable in the incorporated and unincorporated territory of the County of San Bernardino, through April 1, 2040, and WHEREAS, Measure I has provided funding for numerous transportation projects, including freeways, local roads, major streets, interchanges, the Metrolink commuter train system, public buses, traffic signals, and more; and
WHEREAS, the imposition of the one-half of one percent transactions and use tax is set to expire in 2040, and
WHEREAS, San Bernardino County Transportation Authority, after engagement with private sector stakeholders and city and County representatives, has prepared an Expenditure Plan for the revenues expected to be derived from the proposed continuation of Measure I, which is anticipated to be placed on the November 3, 2026, ballot, and WHEREAS, the proposed Expenditure Plan for the continuation of Measure I is attached hereto as Exhibit 1, and
WHEREAS, if approved by the voters, the continuation of Measure I would authorize the collection of a one-half of one percent sales tax and generate an estimated $7.5 billion in its first 30 years for local transportation projects, and
WHEREAS, if approved by the voters, the continuation of Measure I would not institute a new tax, but continue the existing one-half of one percent sales tax for transportation after April 1, 2040, and
WHEREAS, revenues raised from the continuation of Measure I would remain in San Bernardino County and could not be allocated by the state or federal government, and WHEREAS, Measure I would provide a long-term funding source to help fight traffic congestion; improve local streets, major roads and highways; and enhance San Bernardino County’s economy by providing construction-related jobs, manufacturing jobs, and an effective transportation system to meet the needs of residents and the business community, and 18 WHEREAS, Public Utilities Code section 180206 requires that the Measure I Continuation Expenditure Plan be approved by the County Board of Supervisors and a majority of the cities representing a majority of the population residing in incorporated areas, NOW, THEREFORE, BE IT RESOLVED that the (Jurisdiction), State of California, hereby approves the Measure I Continuation Expenditure Plan developed by the Board of Directors of the San Bernardino County Transportation Authority (Exhibit 1).
PASSED, APPROVED AND ADOPTED this 25TH day of February, 2026. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
19 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 26-04 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 25th day of February, 2026, be the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 25th day of February, 2026.
______________________________
Brenda Lopez, City Clerk
20 CITY COUNCIL AGENDA REPORT
STAFF RECOMMENDATION:
Staff recommends that City Council review and ratify Warrant Demand Schedule 25/26-08-02.
1. City of Adelanto Check Warrant No. 151670 through 151713 in the total amount of $183,680.75
2. City of Adelanto EFT No. 4241 through 4246, and No. 4948 through 5024 in the total amount of $2,643,224.10
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: 107
Total Amount of Payments: $2,826,904.85
ATTACHMENTS:
1. Payment Check Register – Check No. 151670 through 151713
2. Payment EFT Register – EFT No. 4241 through 4246, and 4948 though 5024 DATE: February 25, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 25/26-08-02
21 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
151670 02/03/2026 Open Utility Management
Refund
BARAJAS, LEONARDO $338.20
151671 02/03/2026 Open Utility Management
Refund
BLUESTAR PROPERTIES $371.44
151672 02/03/2026 Open Utility Management
Refund
CASTILLO, JUAN $87.77
151673 02/03/2026 Open Utility Management
Refund
CASTRO, LUISA, LINDA $314.92
151674 02/03/2026 Open Utility Management
Refund
DAVIS, FRANCA or CHARLES $308.28
151675 02/03/2026 Open Utility Management
Refund
EDDY , NICOLAS $202.62
151676 02/03/2026 Open Utility Management
Refund
MANNING, OPAL $123.05
151677 02/03/2026 Open Utility Management
Refund
MORA, JOSE $364.41
151678 02/03/2026 Open Utility Management
Refund
OKEY, CHUKWUEMEKA $243.87
151679 02/03/2026 Open Utility Management
Refund
RAZO ARROYO, ELIZABETH $97.66
151680 02/03/2026 Open Utility Management
Refund
URIBE, IRMA $143.79
151681 02/03/2026 Open Utility Management
Refund
WOODS, CRAIG $219.90
151703 02/12/2026 Open Utility Management
Refund
JORDAN-SHORTS OR JONATHAN
DOMINGUEZ, VERONICA
$312.01
151704 02/12/2026 Open Utility Management
Refund
KAY WACHUKU $258.53
151705 02/12/2026 Open Utility Management
Refund
KHAKU, HASNAIN $30.13
151706 02/12/2026 Open Utility Management
Refund
MORALES, JOSE $224.19
151707 02/12/2026 Open Utility Management
Refund
PARK WEST RESCOM, INC $754.74
151708 02/12/2026 Open Utility Management
Refund
PARK WEST RESCOM, INC $754.74
151709 02/12/2026 Open Utility Management
Refund
PARK WEST RESCOM, INC $194.49
151710 02/12/2026 Open Utility Management
Refund
PARK WEST RESCOM, INC $748.92
151711 02/12/2026 Open Utility Management
Refund
VILLAFLOR WILSON, ROMINA $186.97
Wednesday, February 18,
2026
user: Diana Gunn Pages: 1 of 4
22 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151712 02/12/2026 Open Utility Management
Refund
YEE, MAY $207.55
Type Check Totals: 22 Transactions $6,488.18
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 22 $6,488.18 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 22 $6,488.18 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 22 $6,488.18 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 22 $6,488.18 $0.00
Wednesday, February 18,
2026
user: Diana Gunn Pages: 2 of 4
23 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Flagstar AP - Accounts Payable
Check
151682 02/05/2026 Open Accounts Payable ADELANTO ELEMENTARY SCHOOL
DISTRICT
$350.00
151683 02/05/2026 Open Accounts Payable ADELANTO HIGH SCHOOL $1,100.00 151684 02/05/2026 Open Accounts Payable BARSTOW JUNIOR HIGH SCHOOL
BAND BOOTERS
$400.00
151685 02/05/2026 Open Accounts Payable COLUMBIA MIDDLE SCHOOL ASB $600.00 151686 02/05/2026 Open Accounts Payable CYNTHIA STANBERRY $200.00 151687 02/05/2026 Open Accounts Payable DASHONNE
WILLIAMSBENJAMIN/MAD CIRCLE
CAR CLUB
$250.00
151688 02/05/2026 Open Accounts Payable EDWARD S. RAYA $6,000.00 151689 02/05/2026 Open Accounts Payable MARQUEZ, ASHLEY $300.00 151690 02/05/2026 Open Accounts Payable ORO GRANDE SCHOOL DISTRICT $500.00 151691 02/05/2026 Open Accounts Payable RIVERSIDE PREPARATORY
SCHOOL CALIFORNIA CADET
CORP
$300.00
151692 02/05/2026 Open Accounts Payable ROYAL HEAT DRILL TEAM & DRUM SQUAD
$200.00
151693 02/05/2026 Open Accounts Payable SILVERADO HIGH SCHOOL $900.00 151694 02/05/2026 Open Accounts Payable TAYLION HIGH DESERT ACADEMY $300.00 151695 02/05/2026 Open Accounts Payable TAYLOR, RUBY $400.00 151696 02/05/2026 Open Accounts Payable TULA'I MO SAMOA $200.00 151697 02/10/2026 Open Accounts Payable BLUE BUILDERS, INC. $130,450.97 151698 02/12/2026 Open Accounts Payable BARRIOS, LUIS $2,416.89 151699 02/12/2026 Open Accounts Payable HIGH DESERT COMMUNITY
FOUNDATION
$2,300.00
151700 02/12/2026 Open Accounts Payable JAMES C HIRSCH AICP, ASSOC AIA CORP
$20,300.00
151701 02/12/2026 Open Accounts Payable MARY MANZO $1,724.70 151702 02/12/2026 Open Accounts Payable THREE OAKS OUTDOOR SCIENCE SCHOOL INC.
$8,000.00
Wednesday, February 18,
2026
user: Diana Gunn Pages: 3 of 4
24 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151713 02/17/2026 Voided Voided Check 02/17/2026 Accounts Payable METLIFE $0.01 Type Check Totals: 22 Transactions $177,192.57
Flagstar AP - Accounts Payable Totals
Checks Status Count Transaction Amount Reconciled Amount Open 21 $177,192.56 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $0.01 $0.00
Stopped 0 $0.00 $0.00
Total 22 $177,192.57 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 21 $177,192.56 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $0.01 $0.00
Stopped 0 $0.00 $0.00
Total 22 $177,192.57 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 43 $183,680.74 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $0.01 $0.00
Stopped 0 $0.00 $0.00
Total 44 $183,680.75 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 43 $183,680.74 $0.00
Reconciled 0 $0.00 $0.00
Voided 1 $0.01 $0.00
Stopped 0 $0.00 $0.00
Total 44 $183,680.75 $0.00
Wednesday, February 18,
2026
user: Diana Gunn Pages: 4 of 4
25 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
EFT
4241 02/04/2026 Open Accounts Payable CHASE PAYMENTECH $1,330.18 4242 02/04/2026 Open Accounts Payable CHASE PAYMENTECH $10,387.42 4243 02/04/2026 Open Accounts Payable CHASE PAYMENTECH $2,799.82 4244 02/12/2026 Open Accounts Payable SOUTHWEST GAS CORPORATION $2,572.29 4245 02/12/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$5,308.69
4246 02/12/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$8,382.83
Type EFT Totals: 6 Transactions $30,781.23
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 6 $30,781.23 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 6 $30,781.23 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 6 $30,781.23 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 6 $30,781.23 $0.00
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 6 $30,781.23 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 6 $30,781.23 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 6 $30,781.23 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 6 $30,781.23 $0.00
Wednesday, February 18,
2026
user: Diana Gunn Pages: 1 of 1
26 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Flagstar AP - Accounts Payable
EFT
4948 01/13/2026 Reconciled 01/31/2026 Accounts Payable AMAZON WEB SERVICES, INC $961.90 $961.90 $0.00 4949 02/05/2026 Reconciled 02/05/2026 Accounts Payable 14 ORANGES SOFTWARE INC. $3,946.50 $3,946.50 $0.00 4950 02/05/2026 Reconciled 02/05/2026 Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$1,745.36 $1,745.36 $0.00
4951 02/05/2026 Reconciled 02/05/2026 Accounts Payable BARSTOW HUMANE SOCIETY $4,420.00 $4,420.00 $0.00 4952 02/05/2026 Reconciled 02/05/2026 Accounts Payable BRN LLC $6,250.00 $6,250.00 $0.00 4953 02/05/2026 Reconciled 02/05/2026 Accounts Payable C. WELLS PIPELINE MATERIALS, INC
$775.80 $775.80 $0.00
4954 02/05/2026 Reconciled 02/05/2026 Accounts Payable CINTAS CORP #150 $101.71 $101.71 $0.00 4955 02/05/2026 Reconciled 02/05/2026 Accounts Payable EMPLOYMENT RISK
MANAGEMENT AUTHORITY (ERMA)
$13,399.49 $13,399.49 $0.00
4956 02/05/2026 Reconciled 02/05/2026 Accounts Payable FLYERS ENERGY LLC. $3,213.93 $3,213.93 $0.00 4957 02/05/2026 Reconciled 02/05/2026 Accounts Payable GA OSBORNE PIPE & SUPPLY INC. $149.61 $149.61 $0.00 4958 02/05/2026 Reconciled 02/05/2026 Accounts Payable HDL COREN & CONE $2,700.00 $2,700.00 $0.00 4959 02/05/2026 Reconciled 02/05/2026 Accounts Payable HOBSEQUIO LLC $17,500.00 $17,500.00 $0.00 4960 02/05/2026 Reconciled 02/05/2026 Accounts Payable HOME DEPOT CREDIT SERVICES $147.52 $147.52 $0.00 4961 02/05/2026 Reconciled 02/05/2026 Accounts Payable INFOSEND $4,746.22 $4,746.22 $0.00 4962 02/05/2026 Reconciled 02/05/2026 Accounts Payable INFRASTRUCTURE ENGINEERS, A
BOWMAN COMPANY
$12,475.00 $12,475.00 $0.00
4963 02/05/2026 Reconciled 02/05/2026 Accounts Payable LAN WAN ENTERPRISES INC $41,066.60 $41,066.60 $0.00 4964 02/05/2026 Reconciled 02/05/2026 Accounts Payable LOCAL EQUITY LLC $50,250.00 $50,250.00 $0.00 4965 02/05/2026 Reconciled 02/05/2026 Accounts Payable MANUFACTURING ALL DREAMS
STUDIOS, ARLEY ARSINEDA
$7,000.00 $7,000.00 $0.00
4966 02/05/2026 Reconciled 02/05/2026 Accounts Payable MOJAVE DESERT & MOUNTAIN
INTEGRATED WASTE JPA
$9,061.00 $9,061.00 $0.00
4967 02/05/2026 Reconciled 02/05/2026 Accounts Payable MOJAVE WATER AGENCY $30,780.00 $30,780.00 $0.00 4968 02/05/2026 Reconciled 02/05/2026 Accounts Payable NAPA AUTO PARTS, INC. $423.91 $423.91 $0.00 4969 02/05/2026 Reconciled 02/05/2026 Accounts Payable POTOMAC PARTNERS DC, LLC $10,000.00 $10,000.00 $0.00 4970 02/05/2026 Reconciled 02/05/2026 Accounts Payable REVENUE & COST SPECIALISTS, LLC
$8,085.00 $8,085.00 $0.00
4971 02/05/2026 Reconciled 02/05/2026 Accounts Payable SAN BERNARDINO COUNTY
SHERIFF-CORONER DEPARTMENT
$696,968.00 $696,968.00 $0.00
4972 02/05/2026 Reconciled 02/05/2026 Accounts Payable STANTEC CONSULTING
SERVICES, INC
$30,288.00 $30,288.00 $0.00
4973 02/05/2026 Reconciled 02/05/2026 Accounts Payable STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
$369.00 $369.00 $0.00
4974 02/05/2026 Reconciled 02/05/2026 Accounts Payable TEAMCIVX LLC $18,000.00 $18,000.00 $0.00 4975 02/05/2026 Reconciled 02/05/2026 Accounts Payable VCA MESA ANIMAL HOSPITAL $182.15 $182.15 $0.00 4976 02/05/2026 Reconciled 02/05/2026 Accounts Payable VULCAN $2,501.61 $2,501.61 $0.00 4977 02/05/2026 Reconciled 02/05/2026 Accounts Payable WELLS FARGO FINANCIAL LEASING, INC.
$2,482.55 $2,482.55 $0.00
4978 02/05/2026 Reconciled 02/05/2026 Accounts Payable WOODARD & CURRAN, INC. $473,704.37 $473,704.37 $0.00 4979 02/05/2026 Reconciled 02/05/2026 Accounts Payable ZSE & ASSOCIATES $17,000.00 $17,000.00 $0.00 4980 02/10/2026 Open Accounts Payable CIMARRON ESCROW INC. $450.00 4981 02/10/2026 Open Accounts Payable CARL WARREN & COMPANY LLC $9,959.70 4982 02/11/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $364.29 4983 02/11/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $90.24 4984 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $568.54 $568.54 $0.00 4985 02/04/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $6.72 Wednesday, February 18,
2026
user: Diana Gunn Pages: 1 of 3
27 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
4986 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $8,887.52 $8,887.52 $0.00 4987 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $5,844.96 $5,844.96 $0.00 4988 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $24,307.12 $24,307.12 $0.00 4989 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $42.52 $42.52 $0.00 4990 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $312.37 $312.37 $0.00 4991 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $1,291.19 $1,291.19 $0.00 4992 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $134.07 $134.07 $0.00 4993 01/29/2026 Reconciled 01/31/2026 Accounts Payable SOUTHERN CALIFORNIA EDISON $6,950.25 $6,950.25 $0.00 4994 02/12/2026 Reconciled 02/12/2026 Accounts Payable AQUA METRIC SALES $30,742.00 $30,742.00 $0.00 4995 02/12/2026 Reconciled 02/12/2026 Accounts Payable AVCO DISPOSAL, INC. $3,450.64 $3,450.64 $0.00 4996 02/12/2026 Reconciled 02/12/2026 Accounts Payable BANK UP CORPORATION $750.00 $750.00 $0.00 4997 02/12/2026 Reconciled 02/12/2026 Accounts Payable CAMERON-COLE LLC $425.00 $425.00 $0.00 4998 02/12/2026 Reconciled 02/12/2026 Accounts Payable CINTAS CORP #150 $201.54 $201.54 $0.00 4999 02/12/2026 Reconciled 02/12/2026 Accounts Payable CITY OF VICTORVILLE $157.27 $157.27 $0.00 5000 02/12/2026 Reconciled 02/12/2026 Accounts Payable DAILY PRESS/DESERT DISPATCH $450.67 $450.67 $0.00 5001 02/12/2026 Reconciled 02/12/2026 Accounts Payable DESERT VALLEY MEDICAL GROUP $18.00 $18.00 $0.00 5002 02/12/2026 Reconciled 02/12/2026 Accounts Payable DEWEY PEST CONTROL, INC. $251.00 $251.00 $0.00 5003 02/12/2026 Reconciled 02/12/2026 Accounts Payable ECO WASTE MANAGEMENT INC $5,950.00 $5,950.00 $0.00 5004 02/12/2026 Reconciled 02/12/2026 Accounts Payable FONTANA FIRE EQUIPMENT,INC. $1,501.74 $1,501.74 $0.00 5005 02/12/2026 Reconciled 02/12/2026 Accounts Payable GA OSBORNE PIPE & SUPPLY INC. $200.89 $200.89 $0.00 5006 02/12/2026 Reconciled 02/12/2026 Accounts Payable HATTRIX TEAM SPORTS &
EMBROIDERY
$379.28 $379.28 $0.00
5007 02/12/2026 Reconciled 02/12/2026 Accounts Payable INFRASTRUCTURE ARCHITECTS INC
$2,130.00 $2,130.00 $0.00
5008 02/12/2026 Reconciled 02/12/2026 Accounts Payable JOSE ATILIO HERNANDEZ/IDEATE
CALIFORNIA
$9,500.00 $9,500.00 $0.00
5009 02/12/2026 Reconciled 02/12/2026 Accounts Payable KEC ENGINEERS, INC. $68,111.46 $68,111.46 $0.00 5010 02/12/2026 Reconciled 02/12/2026 Accounts Payable LOCAL EQUITY LLC $1,287.36 $1,287.36 $0.00 5011 02/12/2026 Reconciled 02/12/2026 Accounts Payable MOBILE OCCUPATIONAL SERVICES, INC.
$45.00 $45.00 $0.00
5012 02/12/2026 Reconciled 02/12/2026 Accounts Payable NAPA AUTO PARTS, INC. $71.76 $71.76 $0.00 5013 02/12/2026 Reconciled 02/12/2026 Accounts Payable PACIFIC ADVANCED CIVIL
ENGINEERING, INC
$7,175.00 $7,175.00 $0.00
5014 02/12/2026 Reconciled 02/12/2026 Accounts Payable PERC WATER CORPORATION $114,499.83 $114,499.83 $0.00 5015 02/12/2026 Reconciled 02/12/2026 Accounts Payable PRICE PAIGE & COMPANY $42,269.00 $42,269.00 $0.00 5016 02/12/2026 Reconciled 02/12/2026 Accounts Payable SAN BERNARDINO COUNTY
INNOVATION AND TECHNOLOGY
$177.87 $177.87 $0.00
5017 02/12/2026 Reconciled 02/12/2026 Accounts Payable SAN BERNARDINO COUNTY
SHERIFF-CORONER DEPARTMENT
$696,968.00 $696,968.00 $0.00
5018 02/12/2026 Reconciled 02/12/2026 Accounts Payable SHRED-IT USA LLC $287.19 $287.19 $0.00 5019 02/12/2026 Reconciled 02/12/2026 Accounts Payable TK CONSTRUCTION $85,540.39 $85,540.39 $0.00 5020 02/12/2026 Reconciled 02/12/2026 Accounts Payable TKE ENGINEERING INC $3,000.00 $3,000.00 $0.00 5021 02/12/2026 Reconciled 02/12/2026 Accounts Payable TYPE SET GO $952.51 $952.51 $0.00 5022 02/12/2026 Reconciled 02/12/2026 Accounts Payable VCA MESA ANIMAL HOSPITAL $73.70 $73.70 $0.00 5023 02/12/2026 Reconciled 02/12/2026 Accounts Payable VULCAN $971.05 $971.05 $0.00 5024 02/17/2026 Reconciled 02/17/2026 Accounts Payable AQUA METRIC SALES $5,000.00 $5,000.00 $0.00 Type EFT Totals: 77 Transactions $2,612,442.87 $2,601,571.92 $0.00 Flagstar AP - Accounts Payable Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 5 $10,870.95 $0.00
Wednesday, February 18,
2026
user: Diana Gunn Pages: 2 of 3
28 Payment Register
City of Adelanto
From Payment Date: 2/19/2025 - To Payment Date: 2/18/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Reconciled 72 $2,601,571.92 $2,601,571.92
Voided 0 $0.00 $0.00
Total 77 $2,612,442.87 $2,601,571.92
All Status Count Transaction Amount Reconciled Amount
Open 5 $10,870.95 $0.00
Reconciled 72 $2,601,571.92 $2,601,571.92
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 77 $2,612,442.87 $2,601,571.92
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 5 $10,870.95 $0.00
Reconciled 72 $2,601,571.92 $2,601,571.92
Voided 0 $0.00 $0.00
Total 77 $2,612,442.87 $2,601,571.92
All Status Count Transaction Amount Reconciled Amount
Open 5 $10,870.95 $0.00
Reconciled 72 $2,601,571.92 $2,601,571.92
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 77 $2,612,442.87 $2,601,571.92
Wednesday, February 18,
2026
user: Diana Gunn Pages: 3 of 3
29 ADELANTO WASTEWATER TREATMENT
PLANT
Asset Management and Operations & Maintenance Report
City of Adelanto
30 January 2026
Adelanto Wastewater Treatment Plant
Jessie Flores
City Manager
11600 Air Expressway
Adelanto, CA. 92301
RE: January 2026 Adelanto WWTP Asset Management Monthly Report Dear Jessie,
Please find attached the January 2026 Asset Management Report for the Adelanto Wastewater Treatment Plant (WWTP). This report provides a summary of key operational activities, performance metrics, compliance status, and any notable issues encountered during the reporting period.
Key Highlights:
- Plant Performance: All influent was successfully treated by Adelanto WWTP. All other constituents with the PERC Water-Adelanto WWTP remained compliant with the discharge requirements specified in Order No. RV6 -2014-0058, WDID No. 6B369805001. - Critical Issues: 13-Year-old SCADA radio communications equipment is failing. It’s recommended to replace radios with fiber optic hard wiring.
We appreciate your continued partnership and remain committed to ensuring efficient and compliant operations at the Adelanto Wastewater Treatment Plant. Please do not hesitate to reach out should you have any questions or require further details.
We look forward to discussing this report further at our next meeting.
Best regards,
Dave Kachelski
David Kachelski
Chief Plant Operator
PERC Water Corporation
CC: Christopher Maines, Regional Director, PERC Water Corporation October 2026
31 January 2026
Adelanto Wastewater Treatment Plant
TABLE OF CONTENTS
Section A
Executive Summary
Section B
Wastewater Treated Flow
Section C
Water Quality and KPIs
Section D
Regulatory Compliance
Section E
Operations & Maintenance
Section F
Financial Update
Section G
Action Items Requiring Approval
Section H
Environmental Health and Safety
Section I
Personnel
Section J
Public Outreach
Section K
Appendix
32 Section A
Executive Summary
33 January 2026
Section A – Executive Summary
Executive Summary
Adelanto WWTP received 102,368 million gallons of raw sewage and successfully treated 102,368 million gallons during the month of January 2026, making the total treated amount of water recycled at the Adelanto WWTP about 12.360 billion gallons (since operating services began in April 2012). The characteristics of the water entering and exiting the plant last month are detailed in the section titled “Flows and Laboratory Results.” Secondary effluent from the Facility was discharged to percolation basins 1, 4, 5, & 9 per the discharge requirements for this period. No flow was diverted to VVWRA.
During January, the daily influent flow recorded an average of 3.302 million gallons per day.
Effluent flow is calculated by subtracting the treated flow minus the Waste Activated Sludge (WAS) flow for each day and the daily calculated effluent flow averaged 3.228 million gallons per day.
Throughout the month, PERC Water’s Asset Management Team performed daily process control sampling and analysis, trend analysis, equipment verification checks, compliance sampling, housekeeping, process adjustments, and solids processing. Please see “Plant Staffing” for details about PERC Water’s dedicated Adelanto WWTP team. There were no injuries, accidents, facility tours, regulatory meetings, odor complaints, or security issues this month. No flow was diverted to VVWRA.
No violations or injuries to report for the month of January 2026 34 Section B
Wastewater Treated Flow
35 January 2026
Section B – Wastewater Treated Flow
Wastewater Treated Flow
Wastewater Treated (MG) 3.302
Design Flow (MGD) 4.000
36 Inf Flow Inst Peak Flow Eff. Q ponds Pond # 1 Pond # 2 & 3 Pond # 4 Pond # 5 Pond # 9 Basin N Basin S MGD GPM MGD freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft freeboard ft 1/1/2026 3.365 3072.1 3.365 17.00 Empty 16.00 13.50 16.00 2.11 2.08 1/2/2026 3.354 3133.3 3.354 15.25 Empty 16.00 14.50 16.00 2.37 2.37 1/3/2026 3.382 3219.0 3.382 14.00 Empty 16.00 15.00 16.00 2.33 2.33 1/4/2026 3.463 3414.4 3.463 13.00 Empty 16.00 16.00 16.00 2.44 2.44 1/5/2026 3.390 3554.5 3.390 12.00 Empty 16.00 16.00 16.00 2.33 2.33 1/6/2026 3.418 3352.2 3.418 14.25 Empty 15.25 16.00 16.00 2.18 2.18 1/7/2026 3.384 3436.9 3.384 16.25 Empty 14.00 16.00 16.00 2.95 2.77 1/8/2026 3.399 3418.3 3.399 16.00 Empty 12.00 16.00 16.00 2.90 2.71 1/9/2026 3.263 3169.9 3.263 16.25 Empty 12.25 16.00 16.00 2.37 2.20 1/10/2026 3.272 3142.2 3.272 20.00 Empty 12.00 16.00 16.00 2.34 2.14 1/11/2026 3.358 3534.1 3.358 20.50 Empty 11.50 16.00 16.00 2.87 2.54 1/12/2026 3.386 3463.8 3.386 21.25 Empty 11.00 16.00 16.00 2.50 2.29 1/13/2026 3.378 3380.0 3.378 21.50 Empty 10.50 16.00 16.00 2.50 2.30 1/14/2026 3.353 3392.0 3.353 22.00 Empty 10.00 16.00 16.00 2.42 2.29 1/15/2026 3.346 3330.1 3.346 22.25 Empty 10.00 16.00 16.00 2.31 2.41 1/16/2026 3.280 3027.3 3.280 22.25 Empty 11.50 15.50 16.00 2.69 2.58 1/17/2026 3.234 3000.4 3.234 22.75 Empty 13.25 13.00 16.00 3.00 2.71 1/18/2026 3.218 2994.6 3.218 23.00 Empty 13.75 11.00 16.00 3.24 2.83 1/19/2026 3.404 3503.2 3.404 24.00 Empty 15.25 12.00 16.00 1.97 1.93 1/20/2026 3.309 3244.4 3.309 24.00 Empty 15.50 11.25 16.00 1.85 1.95 1/21/2026 3.330 3251.6 3.330 24.00 Empty 16.00 11.00 16.00 3.39 2.99 1/22/2026 3.312 3262.9 3.312 24.00 Empty 16.00 10.50 16.00 2.79 2.63 1/23/2026 3.210 3102.9 3.210 24.00 Empty 16.00 10.50 16.00 3.01 2.83 1/24/2026 3.271 3062.9 3.271 24.00 Empty 16.00 10.25 16.00 3.46 3.10 1/25/2026 3.241 3419.7 3.241 24.00 Empty 16.00 10.00 16.00 3.18 2.82 1/26/2026 3.148 3309.8 3.148 24.00 Empty 16.00 10.00 16.00 3.03 2.70 1/27/2026 3.178 3371.8 3.178 24.00 Empty 16.00 9.75 16.00 2.53 2.31 1/28/2026 3.240 3231.8 3.240 24.00 Empty 16.00 9.50 16.00 3.33 2.78 1/29/2026 3.197 3221.9 3.197 24.00 Empty 16.00 9.50 16.00 3.02 2.45 1/30/2026 3.149 2999.1 3.149 24.00 Empty 16.00 9.50 16.00 2.93 2.64 1/31/2026 3.138 2981.3 3.138 24.00 Empty 16.00 9.25 16.00 2.00 2.15 Total 102.368 102.368
Average 3.302 3,258.0 3.302 20.69 14.31 13.15 16.00 2.66 2.48 Maximum 3.463 3,554.5 3.463 24.00 0.00 16.00 16.00 16.00 3.46 3.10 Minimum 3.138 2,981.3 3.138 12.00 0.00 10.00 9.25 16.00 1.85 1.93 Effluent Calculated by subtracting WAS flow each day
ADELANTO WWTP SUMMARY REPORT January-26
Date
Flow Data Percolation Ponds Biolac Basins
37 BOD5 TSS pH D.O. EC TN TDS MBAS BOD5 TSS pH EC
mg/l mg/l pH units mg/l umho/cm mg/l mg/l mg/l mg/l mg/l pH units umho/cm 1/1/2026
1/2/2026
1/3/2026
1/4/2026
1/5/2026
1/6/2026
1/7/2026 6.100 3.0 6.63 2.02 804 2.2 510 0.02 380 270 6.5 1410 1/8/2026
1/9/2026
1/10/2026
1/11/2026
1/12/2026
1/13/2026
1/14/2026 6.7 5.0 6.63 1.68 823 3.3 250 210 6.49 1288
1/15/2026
1/16/2026
1/17/2026
1/18/2026
1/19/2026
1/20/2026
1/21/2026 4.100 4.0 6.64 2.08 778 2.8 500 0.02 220 310 6.59 1447 1/22/2026
1/23/2026
1/24/2026
1/25/2026
1/26/2026
1/27/2026
1/28/2026 3.9 4.0 6.67 1.86 301 3.8 300 250 6.58 1376
1/29/2026
1/30/2026
1/31/2026
Total
Average 5.20 4.00 6.64 1.91 677 3.0 505 0.02 288 260 6.54 1380 Maximum 6.94 7.94 6.94 2.08 823 3.8 510 0.02 380 310 6.59 1447 Minimum 3.90 3.00 6.63 1.68 301 2.2 500 0.02 220 210 6.49 1288
ADELANTO WWTP SUMMARY REPORT
Date
Effluent WEEKLY Influent
38 TN D.O. EC Temp TN D.O. EC Temp TN D.O. EC Temp
mg/l mg/L umho/cm C mg/l mg/L umho/cm C mg/l mg/L umho/cm C 1/1/2026
1/2/2026
1/3/2026
1/4/2026
1/5/2026
1/6/2026
1/7/2026
1/8/2026
1/9/2026
1/10/2026
1/11/2026
1/12/2026
1/13/2026
1/14/2026 3.800 8.17 784.00 16
1/15/2026
1/16/2026
1/17/2026
1/18/2026
1/19/2026
1/20/2026
1/21/2026
1/22/2026
1/23/2026
1/24/2026
1/25/2026
1/26/2026
1/27/2026
1/28/2026
1/29/2026
1/30/2026
1/31/2026
Total
Average
Maximum 3.8 8.2 784 16.0 0.0 0.00 0 0.0 0.0 0.00 0 0.0
Minimum 3.8 8.2 784 16.0 0.0 0.00 0 0.0 0.0 0.00 0 0.0
ADELANTO WWTP SUMMARY REPORT
Date
Pond Monitoring # 4 annually Pond Monitoring # 5 annually Pond Monitoring # 9 annually 39 Section C
Water Quality and KPIs
40 January 2026
Section C – Water Quality and Key Performance Indicators Water Quality and Key Performance Indicators
Permit Parameters Target Actual Remarks
Effluent BOD (mg/L) 15 5.2 No Violation
Total Nitrogen <10 3.0 No Violation
TSS (mg/L) N/A 4.0 No Permit Limit
Peak Flow (MGD) <4 3.463 Flow greater than
design
Energy Usage (kWh) N/A 32 SCE
Solar (kWh) N/A 6.6 SOLAR USAGE
Permit Compliance 100% 100% No Violations
41 Section D
Regulatory Compliance
42 January 2026
Section D – Regulatory Compliance
Regulatory Compliance
Permits and Reporting:
Permits Compliance Summary Yes
Monthly Reports Submitted Yes
Inspection/Audit Findings Last inspection January 2026
43 Section E
Operations and Maintenance
44 January 2026
Section E – Operations and Maintenance
Operations and Maintenance
OPERATIONAL DETAILS
Average Daily Flow (MGD) 3.302
Peak Daily Flow (MGD) 3.463
MAINTENANCE ACTIVITIES
Number of Work Orders: [VALUE]
Current Month Prior Month
Opened Closed Opened Closed
Preventative Maintenance 39 39
Corrective Maintenance 1 1
Emergency Repairs 0 0
Total
Date/Time Cause Response Resolution
1-20-26/1600 Sewer call at 9967 Payne
Operator onsite:
monitoring manhole
levels, check city lines
upstream/downstream.
All OK
Owner contacted
plumber
45 January 2026
Section E – Operations and Maintenance
-
Maintenance tasks were carried out:
PERC staff working with PERC construction SCADA logic settings throughout the month. PERC staff cleaning plant throughout the month.
On 12-4-25 PERC staff calibrated pH and EC influent probes. On 1-3-26 Found grit pumps not working in auto, will call electrician to investigate. On 1-13-26 PERC staff replacing fuses to lift station pump 2. On 1-14-26 Xylem performing PM on all 3 RAS pumps.
Test run standby generator weekly for emergency- operation if needed. Performed weed abatement and grease ball removal throughout the month. 46 Section F
Financial Update
47 January 2026
Section F – Financial Updates
Financial Update
Monthly Chemical Consumption
Chemical Name Total Consumption (gallons)
POLYMER 629.1
N/A N/A
Monthly Power Consumption
Power Source Total Consumption (kWh)
SCE 992
SOLAR 205
Chemical and Bio-solids Costs
Current Month Year-to-Date Spend
POLYMER $7,590 $68,310
Bio-Solids hauling/tipping fee $16,108.31 $290,159.62
Client Reimbursable Expenses
Current Month Year-to-Date Spend
[MAINTENANCE & REPAIR] ? $7,336.85
[CAPITAL PROJECTS] [$0] [$0]
48 January 2026 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Bio-solids Report
In January 2026, PERC Water Staff performed dewatering procedures to dewater 1,919,295 gallons of bio-solids from the aerated solids holding tank. See data table below for amounts and disposal costs. Wet tons of bio-solids were removed at an average total solids concentration of 21%. End dump trailers were collected periodically by GIC Corporation and delivered to Synagro composting facility in Helendale, CA.
Wet Tons Dry Tons Wet Tons Dry
Tons
January 332.13 69.75 13 13 $5,297.47 $10,810.83 $16,108.31 $48.50 February 0.00 $0.00 $0.00 $0.00 #DIV/0!
March 0.00 332.13 69.75 $0.00 $0.00 $0.00 #DIV/0!
April 0.00 $0.00 $0.00 $0.00 #DIV/0!
May 0.00 $0.00 $0.00 $0.00 #DIV/0!
June 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
July 0.00 $0.00 $0.00 $0.00 #DIV/0!
August 0.00 $0.00 $0.00 $0.00 #DIV/0!
September 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
October 0.00 $0.00 $0.00 $0.00 #DIV/0!
November 0.00 $0.00 $0.00 $0.00 #DIV/0!
December 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
Total Tons 332.13 69.75 332.13 69.75 13 13 $5,297.47 $10,810.83 $16,108.31 #DIV/0! Metric Tons 301.24 63.26 301.24 63.26 total total total total total average 2026 BIO-SOLIDS HAULED
Adelanto production Quarter # of GIC
end
dump
Removed
# Synagro
loads
received
Total Hauling
Cost
Total Tipping
Fee Cost
Total Cost Total Cost
Per Ton
49 January 2026 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Burrtec hauls off screenings/rags and recycle product from the facility each month. See data table below for bins removed from the Facility.
RECYCLE
# of Bins ft3
yards # of Bins
January 21 42 1
February 0
March 0
April 0
May 0
June 0
July 0
August 0
September 0
October 0
November 0
December 0
Total 21 42 1
2026 SCREENINGS/GRIT HAULED
50 Section G
Action Items Requiring
Approval
51 January 2026
Section G – Action Items Requiring Approval
Action Items Requiring Approval
We request the review and approval of the following proposed repairs and capital improvements on the facility.
Request Impact Estimated Cost
Convert radio
communications to fiber
optics
Reduced down time for
SCADA communications and
eliminate non-essential
alarms
?
Install electrical grounding
system to prevent static
electrical damage
All sensitive electrical
components are subject to
static electricity
$22,000
52 Section H
Environmental Health and
Safety
53 January 2026
Section H – Environmental Health and Safety
Environmental Health and Safety
No injuries this month, no recordable incidents since September 2012.
Performed monthly toolbox topics, and online safety training:
Online training: N/A
• Toolbox topics:
• Bloodborne Pathogens
• Housekeeping
• Lockout Tagout (LOTO)
• Vehicle Inspection
• Safety Signage
54 Section I
Personnel
55 January 2026
Section I – Personnel
Personnel
David Kachelski – Chief Plant Operator V
Tristan Hause – Lead Wastewater Operator III
James Strang – Operator II
Scott Heller – Operator I
• PERC Water is no longer the operator of Adelanto wwtp as of 1-31-2026
56 Section J
Public Outreach
57 January 2026
Section J – Public Outreach
Public Outreach
N/A
58 Section K
Appendix
59 January 2026
Section K – Appendix
Data Logs
[see section D]
Photos
N/A
Additional Documentation
Sewer collections report- no sewer report
60 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: February 25, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR MANAGED IT SERVICES AND INFORMATION TECHNOLOGY CONSULTANT SUPPORT.
STAFF RECOMMENDATION:
Staff recommends City Council approve award of a Professional Service Agreement (PSA) with Data Net Solutions, Inc. in the amount of $297,006, a one year contract with two (2) administratively done one year extensions with $297,006 per year cost for Managed IT Services and Information Technology Consultant Support and authorizing the City Manager to sign the agreement and approve minor nonsubstantive amendments consistent with the approved budget and subject to legal approval on behalf of the City Council.
FISCAL URGENCY
The City of Adelanto’s current fiscal condition requires urgent attention. As per the 23-24 Audit, the City’s General Fund only has $383k as working capital/reserve. Over the last 3 years, staff has worked expeditiously and urgently with city vendors to lower expenses, working methodically through large contract accounts- either optimizing scope, or rebidding to new vendors, or both.
Per a recently reviewed summary of the City’s IT expenses, General Fund and affiliated entities carried more than $1m in expenses in FY 24-25, and unless action was taken, such expense was expected to climb to $1.1m in the current fiscal year.
BACKGROUND:
The City of Adelanto relies on information technology systems to support daily operations across departments, including public safety, utilities, finance, and community services. These systems manage sensitive data and enable critical functions such as billing, payroll, permitting, and public communications. As technology demand grows and cybersecurity risks increase, professional IT management services are essential to maintain system reliability, protect City information, and ensure uninterrupted delivery of services to residents. Providing professional IT management services will ensure the City of Adelanto’s systems remain secure, reliable, and capable of supporting critical operations and public services. Additionally, the City has been focused on elevating it’s ability to include AI and optimize system processes in the city in order to upgrade resident experience, increase transparency, and reduce manual processes.
In August 2024, the city entered into an IT consulting agreement with a consultant to review the City’s current processes and contracts and advise on proposed next steps. Following over a year of collaborative efforts, the decision was made that it is in the best interest of the City to follow a 61 transparent bidding process. On September 25, 2025, a Request for Proposals (RFP) for a Managed IT Services and Information Technology Consultant Support was released. The RFP included:
• 24x7 helpdesk support
• Onsite Level 1 technician support
• Level 2/3 engineering support
• Network and server management
• Cybersecurity monitoring and compliance alignment
• Backup and disaster recovery
• Governance and strategic IT oversight
The RFP was made publicly available on the Planetbids and City’s website as well as third party bidding sites. On October 23, 2025, the City received ten proposals from following qualified managed service providers:
No. Firm Location
1 ALIENDS, LLC Round Rock, Texas
2 Bolted Solutions, LLC Hermosa Beach, California
3 BuzzClan,LLC Flower Mound, Texas
4 Cendien, LLC Carrollton, Texas
5 Consultadd, Inc. Irvine, California
6 Data Net Solutions, Inc. San Diego, California
7 Encode, Inc. Freehold, New Jersy
8 Intelesys Ontario, California
9 Issquared, Inc. Westlake Village, California
10 LAN WAN Enterprise, Inc. Irvine, California
Following an initial review and scoring process, five vendors were shortlisted and interviewed by a four member panel. After additional cost alignment and proposal clarification, two finalists were identified for final comparison. For purposes of neutrality and public transparency, vendors are referenced below as Bidder 1 and Bidder 2.
EVALUATION PROCESS
Each proposal was reviewed using the scoring criteria outlined in the RFP, including:
• Responsiveness to Scope
• Municipal Experience and References
• Cost Competitiveness
• Staffing Qualification and Certification
• SLA Commitment and Support Tools
• Added Value or Innovation
Panel reviewers included members of the following departments:
• Economic Development
• Grant & RFP Management
• Finance
• City IT Consultant
Updated fee proposals were requested to ensure an apples-to-apples comparison across:
62 • Staffing levels
• Device coverage
• Cybersecurity services
• Management services
• Quality of proposed solutions
PROCUREMENT AND EVALUATION SUMMARY
The City received ten (10) qualified proposals in response to the Managed IT Services RFP.
Each proposal was independently reviewed and scored by the evaluation panel using the weighted criteria published in the RFP.
Following the initial scoring process:
• The top five (5) highest-scoring vendors were shortlisted. • All five shortlisted vendors were invited to participate in follow-up interviews and pricing clarification discussions.
• Updated fee proposals were requested to ensure an apples-to-apples comparison of staffing, scope, cybersecurity services, and total cost of ownership.
After interviews and final cost alignment, the panel re-evaluated the top-ranked vendors and identified the highest overall scoring firms for final comparison.
For purposes of neutrality and public transparency, vendors are referenced below as Bidder 1, Bidder 2, Bidder 3, Bidder 4, and Bidder 5.
FINAL PANEL SCORING SUMMARY
Below is a summary of the final weighted scoring results among the top five vendors:
Vendor Final Weighted Score
Bidder 1 8.62
Bidder 2 7.85
Bidder 3 8.62
Bidder 4 8.2
Bidder 5 7.84
Bidder 1 and Bidder 2 emerged as the two most qualified firms following final review and additional interviews.
Both finalists are qualified and capable of supporting the City’s IT environment.
COST COMPARISON SUMMARY
Below is the finalized cost comparison of the two top-ranked bidders.
Base Managed IT Services (Monthly)
Category Sample Bidder Proposed Vendor
Level 1 Onsite (40 hrs/week) $15,253 $13,000
Level 2/3 Support $9,360 $2,470
24x7 Helpdesk & Monitoring Included Included
Virtual CIO Included $208.33
Base Monthly Total $24,613 $ 15,678.33
63 Additional IT-Related Costs (Outside Base MSP Scope) Category Sample Bidder Proposed Vendor
Website Hosting $2,000 Included
Mobile App Support $2,000 Included
Cybersecurity Suite $2,007.38 Included
User Device/ Server Security $1,686 $5,997
Other Monthly Technology Costs $745 $2,520
Discounts ($2,393) 0
Additional Monthly Total $6,045.38 $8,517
True Total Monthly Technology Cost
Sample Bidder Proposed Vendor
Base MSP $24,613.33 $15,678.33
Additional Monthly Costs $6,045.38 $9,072.17
Total Monthly Cost $ 30,658.33 $24,750.50
Annualized Cost $367,980 $ 297,006
FINANCIAL IMPACT
Based on the finalized pricing:
• Estimated annual savings compared to the higher proposal: $70,833.96 • Three-year cost differential: $ 212,501.88
In addition to cost, staff evaluated:
• Long-term scalability
• Security maturity
• Staffing depth
• Operational resiliency
• Vendor stability
STRATEGIC IMPACT
Selecting a qualified MSP partner will:
• Improve cybersecurity posture– Much more robust security program • Increase system uptime and reliability
• Provide structured IT governance
• Align technology with City growth objectives
• Improve transparency of technology costs with pass through savings on software and licensing
ABOUT THE SELECTED VENDOR
Data Net Solutions is a San Diego based Veteran owned small business that has been in business since 1983. Most staff are veterans and they are proud to be an engineer led company that boasts of client retention in average excess of 20+ years. In house technical engineers boast a deep bench of knowledge in AI, Cybersecurity, Energy, Data warehousing, and Hardware. Their current clients include military, municipal, utilities, and many private entities. Data Net solutions also provides Federally desirable certification such as the highly coveted Cybersecurity Maturity Model Certification (CMMC), and Sarbanes Oxley Level 2 (SOX2) compliance. Client data is stored in SoCal’s highest rated datacenter for earthquake redundancy.
64 FISCAL IMPACT:
$297,006 will be carried out by the City’s General Fund with allocation to its dependent entities. Costs for affiliated software are budgeted and will see a decrease based on pass-through pricing.
AttachmentA. Professional Service Agreement with Data Net Solutions, Inc.
B. 2026 MSP Agreement City of Adelanto
C. Cost Comparison Matrix
65 2512/026150-0001
19521427.1 a02/18/26
CITY OF ADELANTO
PROFESSIONAL SERVICES AGREEMENT
MANAGED IT SERVICES AND INFORMATION TECHNOLOGY CONSULTANT SUPPORT.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 25 day of February, 2026, (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Data Net Solutions, Inc., a Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on February 25, 2026 and shall end on February 25, 2027 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
66 2512/026150-0001
19521427.1 a02/18/26 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED AND NINETY-SEVEN THOUSAND, SIX DOLLARS AND ZERO CENTS, $(297,006) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
67 2512/026150-0001
19521427.1 a02/18/26 -3-
Invoices shall be submitted to:
City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. 68 2512/026150-0001
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SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
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(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
MANAGED IT SERVICES AND INFORMATION TECHNOLOGY CONSULTANT SUPPORT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this 71 2512/026150-0001
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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.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
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SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. 73 2512/026150-0001
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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. 74 2512/026150-0001
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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. 75 2512/026150-0001
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the 76 2512/026150-0001
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 77 2512/026150-0001
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bernardino County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing 79 2512/026150-0001
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Data Net Solutions, Inc.
Attn: Rob Slaughter
2445 Fifh Avenue, Suite 200
San Diego, CA. 92101
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Jessie Flores, City Manager
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
80 2512/026150-0001
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of 81 2512/026150-0001
19521427.1 a02/18/26 -17-
Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF ADELANTO
Jessie Flores, City Manager
Attest:
Brenda Lopez, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT
Data Net Solutions, Inc.
Data Net Solutions, Inc.
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
83 2512/026150-0001
19521427.1 a02/18/26
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include MANAGED IT SERVICES AND INFORMATION TECHNOLOGY CONSULTANT SUPPORT. services in the amount not to exceed TWO HUNDRED AND NINTY SEVEN THOUSAND AND SIX DOLLARS AND ZERO CENTS, (297,006) as further detailed in the following page(s).
See attached
84 2512
/026150-0001
19521427.1 a02/18/26 EXHIBIT A
.
85
Prepared for:
City of Adelanto
11600 Air Expy
Adelanto, CA 92301
Jessie Flores
(442) 249-1121
www.adelantoca.gov
Prepared by:
Data Net Solutions Group
2445 5th Avenue, Suite 200
San Diego, CA 92101
(760) 466-1200
www.4datanet.com
MSP Agreement
86
Managed Services Pricing
Qty Description Unit Price Total Price
1 Managed Services – Network Management
Includes:
• Covers up to 80 Workstations
• Covers up to 23 Virtual Servers
• Covers up to 71 Named Users
• Managed Immutable Offsite Backup with up to 14 TB offsite data • Fully managed network with a human performing monthly maintenance • Manual patching on servers, Monthly review of systems and logs to correct errors
• Automated patching on workstations
• Managed Firewall (Labor included to maintain)
• Multi-factor Authentication (MFA) for all workstations and servers • Email filtering and security with mail spooling and emergency inbox • ThreatLocker - Zero Trust platform
• Quickpass - self password reset
• Microsoft 365 Tenant monitoring
• Microsoft 365 Backup (data included) for Outlook, One Drive, SharePoint, Teams, Groups, Calendar Events, and Tasks
• Managed Antivirus
• 24/7 Security Operations Center (SOC) with EDR – all Servers, Workstations, and Firewalls
• Managed DNS Filtering
• Security awareness training and simulated phishing campaigns • Dark Web monitoring
• Access to secure document management (included)
• Access to VCIO, VCTO, VCSO (billed T&M)
• Compliance support and planning (billed T&M)
• Additional Workstation billed at $25
• Additional Users Billed at $18
• One Month recurring fee to be paid 30 days prior to Off Boarding • Level 3 Escalation: 6 hours included additional time billed T&M • Level 3 Labor: 14 hours included additional time billed T&M • Monthly Penetration Testing Included
• Pricing is subject to adjustment based on findings from the initial assessment.
Assumptions:
• All systems are healthy and fully updated with current patching • All systems are currently under support by the vendor • No User may operate as a local administrator
• Good internet connectivity
• Client will provide a local data storage repository with at least twice the current data usage
Exclusions:
• After Hours, Weekend or Holiday Work
• Recovery from Acts of God/Fire/Flood
• Recovery from Ransomware Attack
• Project Work (Will be quoted separately as needed)
$11,750.50 $11,750.50
1 One Time Onboarding Fee $11,750.50 $11,750.50
2 Level 2 Onsite Support 40 Hours per Week $13,000 $13,000 Billing is for end of Month Quantities
Total One Time Onboarding Fee $11,750.50 $11,750.50
Total Monthly Recurring Charges $24,750.50 $24,750.50
87
Managed Services Plan Agreement
City of Adelanto
This MSP AGREEMENT (“MSPA”) by and between Data Net Solutions Group, a California corporation, with its principal place of business at 2445 5th Avenue, Suite 200 San Diego, CA 92101 (hereinafter referred to as “Data Net”) and City of Adelanto, with its principal place of business at 11600 Air Expy, Adelanto, CA 92301 (hereinafter referred to as “Client”).
Site Location(s) : 11600 Air Expy, Adelanto, CA 92301
Primary Contact : Jessie Flores Phone Number: (442) 249-1121 Term Start: 4/1/2026 Term End: 3/31/2029
This Quote is governed under the provisions of the Master Services Agreement located at https://www.4datanet.com/masteragreement (“MSA”).
This Quote is further defined by the conditions and provisions of the services guide located at https://www.4datanet.com/serviceguide (“Services Guide”). The MSA and Services Guide contain important provisions related to the Services (including payment and auto-renewal terms).
By agreeing to this Quote, you agree to the provisions of the MSA and the Services Guide. If you cannot access the MSA or Services Guide, or if you have any questions about those documents, then please do not sign this Quote and contact us for further information.
MSP Agreement Signature
This MSPA consists of a cover page, Managed Services Plan Agreement, Managed Services Plan Details, Managed Services Plan Exceptions, Managed Services Pricing and this signature page. Any additions or changes to this Agreement must be in writing signed and dated by both parties.
EACH PARTY REPRESENTS AND WARRANTS THAT IT HAS READ AND AGREES TO BE BOUND BY THIS MSPA AND IS AUTHORIZED TO EXECUTE THIS MSPA.
Data Net Solutions Group City of Adelanto
By: ____________________________ By: ___________________________ Rob Slaughter Jessie Flores
President City Manager
Date: __________________________ Date: _________________________ 88 MANAGED IT SERVICES
INFORMATION
TECHNOLOGY
CONSULTANT
SUPPORT
Email: [email protected]
2445 Fifth Avenue, Suite 200,
San Diego, CA 92101
Rob Slaughter
President | Data NetSolutions, Inc.
Phone: (760) 466-1200
www.4datanet.com
Proposed By :
89 i
SECTION 1 - COVER LETTER
a. PROPOSAL SUBMISSION STATEMENT
b. INTRODUCTION OF CONSULTANT
c. BACROUND, QUALIFICATION, AND RELEVENT EXPERIENCE
d. PROPRIEATRY INFORMATION STATEMENT
e. AUTHORIZED NEGOTIATORS
f. STATEMENT OF UNDERSTANDING AND OBJECTIONS
SECTION 2 – EXECUTIVE SUMMARY
SECTION 3 – APPROACH TO THE SCOPE OF WORK
a. KNOWLEDGE OF THE SUBJECT AREA
b. KNOWLEDGE OF TECHNICAL AND FUNCTIONAL NEEDS
c. PROPOSED STRATEGY TO ACCOMPLISH THE WORK
SECTION 4 – TEAM QUALIFICATIONS
SECTION 4a - SUB-CONSULTANTS
SECTION 5 - SERVICE LEVEL AGREEMENT AND SUPPORT PLAN
SECTION 6 - CONSULTANT REFERENCES
SECTION 6a - SUB-CONSULTANT REFERENCES
SECTION 7 – INSURANCE DOCUMENTATION
SECTION 8 - ADDENDA
Table of Contents
01 01
01 02
02 02
02 04
06 06
08 10
14 17
18 23
27 28
30 90
1 Section 1 – Cover Letter
DATA NET SOLUTIONS INC.
2445 Fifth Avenue, Suite 200
San Diego, CA 92101
Phone: (760) 466-1200 | Email: [email protected] UEI: NWA7JSMBJ6Q5 | CAGE Code: 78TJ3 | SB-PW | SB-Micro | SBE Certified October 8, 2025
City of Adelanto
Attn: Brenda Lopez, City Clerk
11600 Air Expressway
Adelanto, CA 92301
Email: [email protected]
Subject: Proposal Submission – Comprehensive Managed Information Technology Services
Dear Ms. Lopez,
On behalf of Data Net Solutions, Inc., I am pleased to submit this proposal in response to the City of Adelanto’s Request for Proposals (RFP) for Comprehensive Managed Information Technology Services.
This proposal is submitted in direct response to the City’s RFP to provide reliable, secure, and cost-effective managed IT and cybersecurity services for all City departments. a. Proposal Submission Statement
b. Introduction of the Consultant
Legal Name: Data Net Solutions, Inc.
Headquarters: 2445 Fifth Avenue, Suite 200, San Diego, CA 92101 Telephone: (760) 466-1200
Website: www.4datanet.com
Type of Entity: California Corporation (Incorporated 1983) Date Founded: 1983
Local Presence: Southern California regional offices serving cities, utilities, and districts within San Bernardino County and neighboring jurisdictions.
Founded in 1983, Data Net Solutions is a Veteran-Owned Managed Services Provider (MSP) delivering IT infrastructure, cybersecurity, and compliance solutions to public agencies across California for over 40 years. Our mission-driven approach rooted in Integrity, Honor, and Trust has made us a trusted long-term partner for municipalities such as Fallbrook Public Utility District, Leucadia Water District, and City of San Diego.
COVER LETTER
91 2
Data Net Solutions specializes in:
Full-stack managed IT and cloud infrastructure services Cybersecurity operations aligned to CMMC 2.0, NIST 800-171, HIPAA, PCI DSS, and SOC2
Disaster recovery, business continuity, and regulatory audit readiness Strategic vCIO/vCTO/vCISO advisory services for public agencies We have more than four decades of experience delivering measurable cost savings and compliance assurance to city governments, utilities, and special districts. Data Net has not performed work specifically for the City of Adelanto within the last five (5) years, but has successfully supported numerous Southern California municipalities with comparable size, systems, and governance requirements.
c. Background, Qualifications, and Relevant Experience
d. Proprietary Information Statement
The following individuals are authorized to negotiate and execute agreements on behalf of Data Net Solutions, Inc.:
Rob Slaughter, President – Executive Sponsor
2445 Fifth Avenue, Suite 200, San Diego, CA 92101
Phone: (760) 466-1200 | Email: [email protected] Michael Leeper, Chief Operating Officer – Contract and Account Manager 2445 Fifth Avenue, Suite 200, San Diego, CA 92101
Phone: (760) 466-1200 | Email: [email protected] e. Authorized Negotiators
The contents of this proposal are proprietary to Data Net Solutions, Inc. and are provided solely for the purpose of the City’s evaluation. No portion may be disclosed externally without the written consent of Data Net Solutions, Inc., except as required under applicable public-records laws.
Data Net Solutions, Inc. has carefully read and fully understands the RFP in its entirety, including all appendices, attachments, exhibits, schedules, and addenda issued. We acknowledge the scope and nature of the work and confirm our ability to meet or exceed all specified requirements.
We have reviewed the City’s Professional Services Agreement and find it acceptable as presented, along with all other attachments and addenda associated with this solicitation.
Currently, Data Net Solutions raises no objections to any section of the RFP and is prepared to comply fully with the City’s terms and conditions. f. Statement of Understanding and Objections
COVER LETTER
92 3
We appreciate the opportunity to present our proposal and look forward to the opportunity to serve the City of Adelanto as a trusted technology partner, delivering resilient, compliant, and future-ready IT services that strengthen operational excellence and public trust.
Respectfully submitted,
Rob Slaughter
President | Data Net Solutions, Inc.
2445 Fifth Avenue, Suite 200, San Diego, CA 92101
Phone: (760) 466-1200 | Email: [email protected] Federal ID #: 33-0861878 | UEI: NWA7JSMBJ6Q5 | CAGE: 78TJ3
COVER LETTER
93 4
Section 2 – Executive Summary
Data Net Solutions, Inc. is a Veteran-Owned Managed Services Provider (MSP) headquartered in San Diego, California, with over 40 years of continuous service delivering reliable, compliant, and cost-effective IT solutions to public agencies across Southern California. Our firm brings deep expertise in municipal IT management, cybersecurity compliance, cloud infrastructure, and business continuity planning, ensuring the City of Adelanto benefits from a proven, audit-ready technology partner focused on long-term operational resilience.
Overview
Our mission is to empower the City of Adelanto with technology that enhances transparency, efficiency, and public trust. We approach every engagement as an extension of the City’s leadership team, ensuring that every technology decision aligns with community goals, fiscal responsibility, and regulatory compliance.
Our Mission & Commitment
The proposed services include full-stack management of the City’s IT environment encompassing:
24x7x365 Network & System Monitoring with automated alerts and remediation.
On-Site IT Site Lead (32 hours per week) for day-to-day end-user and systems support.
Help Desk & Remote Support staffed by senior engineers with public-sector experience.
Cybersecurity Operations aligned to DoD CMMC Level 2, NIST 800-171, HIPAA, PCI DSS, and SOC 2 standards.
Disaster Recovery & Business Continuity Planning with quarterly restore testing and immutable backups.
Lifecycle Management & Procurement Optimization ensuring predictable budgets and extended asset life.
vCIO/vCTO/vCISO Services providing strategic technology leadership, quarterly reviews, and annual roadmap planning.
Scope of Services at a Glance
Key Differentiators
Proven Public Sector Record: 40+ years serving municipalities such as Fallbrook Public Utility District, Leucadia Water District, and City of San Diego.
Compliance Excellence: Audit-ready frameworks mapped to CMMC, NIST, HIPAA, PCI DSS, and SOC 2.
Cost Efficiency: Documented 30–40% IT cost reduction through tool consolidation and vendor optimization.
EXECUTIVE SUMMARY
94 5
Continuity & Reliability: Decades-long municipal partnerships built on trust, accountability, and transparency.
Veteran-Owned Leadership: Rooted in military discipline, precision, and service ethos.
EXECUTIVE SUMMARY
Data Net Solutions will assign a vCIO and on-site engineer to the City of Adelanto, backed by a team of certified cybersecurity and infrastructure specialists. Our governance model ensures weekly reporting, quarterly performance reviews, and annual compliance audits providing measurable visibility into uptime, performance, and risk management.
Our Approach
By partnering with Data Net Solutions, the City of Adelanto gains more than an IT provider it gains a long-term strategic ally committed to operational excellence, fiscal stewardship, and the highest standards of cybersecurity and service delivery.
Conclusion
95 6
Data Net Solutions, Inc. understands that the City of Adelanto seeks a trusted technology partner to manage and secure its complete IT environment—ensuring reliability, cybersecurity, scalability, and compliance with all municipal, state, and federal standards.
Our proposed approach is tailored directly to the City’s published Scope of Work (Sections III.A–III.H of the RFP) and leverages our 40-year record serving California municipalities.
a. Knowledge of the Subject Area
Section 3 – Approach to the scope of work
APPROACH TO THE SCOPE OF WORK
Comprehensive Understanding of Municipal IT Operations:
Data Net has provided Managed IT Services for public agencies since 1983. We specialize in supporting local government environments that require continuous uptime, data integrity, and security oversight under public accountability standards. We understand the operational intricacies of cities such as Adelanto balancing limited budgets, hybrid infrastructure, and evolving compliance frameworks.
Technology Stack – Managed Services: Network Management Data Net Solutions Group delivers a fully managed and continuously monitored technology stack engineered specifically for municipal environments. Our integrated network management and cybersecurity suite ensures high availability, multi-layered protection, and full compliance with state and federal security standards.
Certain specialized services outlined in the following section are available on a Time & Materials (T&M) basis and are billed to be per project upon request, allowing the City of Adelanto to engage additional capabilities as operational needs evolve.
Included Components:
Covers up to 90 Workstations
Covers up to 55 Named Users
Covers up to 70 Mobile Devices
Manual patching on servers with monthly system and log review for error correction Automated patching on all workstations
Managed Firewall (labor included for maintenance and rule updates) Multi-Factor Authentication (MFA) for all workstations and servers Email filtering and security with mail spooling and emergency inbox ThreatLocker – Zero-Trust application control platform
Quickpass – Self-service password reset and identity verification Microsoft 365 Tenant monitoring and reporting
Microsoft 365 Backup (data included) for Outlook, OneDrive, SharePoint, Teams, Groups, Calendar Events, and Tasks
Managed Antivirus with daily definition updates
24×7 Security Operations Center (SOC) with Endpoint Detection and Response (EDR) coverage for all servers, workstations, and firewalls 96 Managed DNS Filtering
Security awareness training and simulated phishing campaigns Dark Web monitoring for exposed credentials
Access to secure document management portal
Access to Help Desk with real-time ticket tracking
Access to vCIO, vCTO, and vCSO leadership resources
Compliance support and annual audit planning
7 APPROACH TO THE SCOPE OF WORK
This managed stack integrates seamlessly with the City’s existing infrastructure, providing a unified platform for monitoring, incident response, and compliance reporting backed by Data Net’s 24×7 SOC and N-Central monitoring framework.
We currently provide long-term managed IT and cybersecurity support for the Fallbrook Public Utility District, Leucadia Water District, and City of San Diego, maintaining uptime levels above 95.98% and delivering measurable savings through optimized licensing, lifecycle management, and vendor consolidation.
Relevant Public-Sector Experience
We manage and secure the City’s Microsoft 365, AWS, and Veeam environments with a focus on data integrity, backup validation, and email resilience. Our continuity program includes immutable storage configurations, quarterly restore testing, and automated failover capabilities to minimize downtime and data loss.
Subject Area Proficiency Aligned to Adelanto’s Scope:
Personnel & Support
Data Net will provide structured, full-time onsite Level 1 support (40 hours per week), complemented by remote Level 2 and 3 support (20 hours per week). These services are directed by our vCIO and Project Management leadership team to ensure strategic alignment, proactive communication, and measurable service delivery for the City of Adelanto.
Network & Infrastructure Management
Our engineers oversee all aspects of the City’s network and infrastructure, including firewalls, VLANs, server clusters, Windows OS environments, UPS systems, and endpoint configurations. We maintain secure and redundant connections across all City facilities and remote access points, ensuring high availability and operational continuity.
Cybersecurity & Compliance
Data Net implements a defense-in-depth cybersecurity strategy combining advanced tools such as Cisco Duo MFA, Barracuda Essentials, and Netwrix Auditor. Our security framework aligns with CMMC 2.0, NIST SP 800-171, and SOC 2 controls, providing the City with continuous protection, incident detection, and regulatory compliance assurance.
Cloud & Business Continuity
97 8
APPROACH TO THE SCOPE OF WORK
Data Net brings decades of municipal IT experience, certified engineering expertise, and a security-first methodology to support the City of Adelanto. From Council meetings to cloud backups, our focus is on reliability, accountability, and transparency delivering a resilient, compliant, and future-ready technology environment for the City and its residents.
Data Net’s centralized Help Desk leverages Kaseya BMS for ticketing and IT Glue for asset and documentation management. Our SLA-driven workflow ensures rapid response, transparent communication, and consistent issue resolution, achieving 95% same-day ticket closure while maintaining high end-user satisfaction.
Help Desk & End-User Experience
Our web and application support team will coordinate directly with Revize, the City’s current website and mobile application hosting provider, to ensure seamless integration, CMS updates, and secure network connectivity. Data Net will not host these platforms directly but will maintain responsibility for coordinating updates, monitoring accessibility, and managing cybersecurity patching related to integrations and network dependencies.
Regular uptime monitoring and version control will continue to ensure consistent access, ADA compliance, and adherence to data privacy standards across all public-facing systems, including www.adelantoca.gov and the City’s mobile application.
Website & Mobile Systems
Data Net’s engineers manage the City’s IP-based video surveillance infrastructure, ensuring uninterrupted recording, storage retention, and system integrity. We maintain compliance with CJIS and municipal privacy regulations while providing business-hours maintenance and system support, with extended coverage available upon request for special events or incidents requiring after-hours assistance.
Video & Surveillance Systems
Our Commitment
b. Knowledge of Technical and Functional Needs
We have carefully reviewed the City’s technology inventory (Attachment A of the RFP) and the clarifications provided in Addendum #1. The City’s environment includes approximately 23 virtual servers, 5 physical servers, 45 workstations, 45 laptops, 70 mobile devices, 50 network switches, 12 access points, 10 printers, and 55 active users across all departments and facilities.
Operational Awareness of Adelanto’s Technical Ecosystem (Revised) These systems including Microsoft 365 Business Standard, Cisco Firewalls, Barracuda Essentials, Netwrix Auditor, Veeam Backup, and Granicus GovMeetings reflect a mature yet distributed hybrid architecture requiring disciplined configuration management, standardized documentation, and strong cybersecurity enforcement. 98 9
APPROACH TO THE SCOPE OF WORK
Our proposed service model and pricing principles are based on this confirmed inventory and user count, ensuring that staffing, monitoring, and licensing align with the City’s actual operational scale. This approach guarantees accurate cost forecasting and service coverage across all 55 users and associated network assets, as detailed in the Fee Proposal and consistent with Addendum #1.
Functional Requirements Addressed by Data Net
Functional Area City Requirement Data Net Approach
Personnel
& Support
Level 1 onsite (40
hrs/week);
Level 2–3 remote
(20 hrs/week)
Dedicated onsite IT Lead
supported by remote Level 2–3
engineers under vCIO/vCTO
oversight
Network
& Infrastructure
Firewalls, servers,
VLANs, and patch
management
Cisco-certified engineers perform
proactive monitoring,
maintenance, and after-hours
patching
Cybersecurity &
Monitoring
24×7 threat
detection and
incident response
SOC-managed monitoring with
EDR, MFA, DNS filtering, and
phishing-awareness training
Cloud & Continuity
Microsoft 365,
AWS, Veeam,
Zoom integration
End-to-end backup, email
resilience, and quarterly restore
validation testing
User
Support & Help Desk
End-user training
and ticket
resolution
SLA-driven help desk via Kaseya
BMS achieving 95% same-day
ticket closure
Website & Mobile
Support
Secure hosting and
ongoing
maintenance
Continuous patch management
and uptime monitoring for publicfacing sites
Video
Camera Systems
Proactive
maintenance and
recording integrity
Real-time monitoring and storage
retention with 24×7 alert
response
99 10
APPROACH TO THE SCOPE OF WORK
Functional Area City Requirement Data Net Approach
Asset
Lifecycle Management
Track inventory
and renewals
Comprehensive asset tracking
via IT Glue with automated
warranty and license alerts
Functional Requirements Addressed by Data Net
Severity Level Initial
Response
Resolution
Target
Data Net
Commitment
Critical (city-wide
outage) ≤ 15 minutes ≤ 8 hours
24×7 response through
SOC and on-call
engineer
High / Urgent (multiuser impact) ≤ 30 minutes ≤ 24 hours Immediate escalation to
Level 3 support with
real-time status updates
Normal / Routine
(localized issue) ≤ 1 hour ≤ 48 hours
Same-day resolution
with ticket verification
Low / General
(single-user issue) ≤ 4 hours ≤ 72 hours
Remote support and
follow-up user guidance
as needed
Compliance Statement
Data Net’s incident response and resolution commitments meet or exceed all response, remediation, and uptime expectations outlined in the City of Adelanto’s RFP. Our framework ensures rapid issue containment, priority-based escalation, and verified closure consistent with public-sector reliability and cybersecurity standards. c.Proposed Strategy to Accomplish the Work
Data Net Solutions Group will deliver a comprehensive, phased, and measurable strategy designed to transition, stabilize, secure, and continuously optimize the City of Adelanto’s technology environment.
Our process refined through decades of public-sector engagements combines structured governance, executive oversight, and proactive engineering to ensure every component of the City’s IT infrastructure is reliable, compliant, and aligned with municipal goals. 100
11 APPROACH TO THE SCOPE OF WORK
Phase 1 – Onboarding & Transition (First 30 Days)
Objective: Achieve seamless transition with zero downtime and full visibility into existing systems.
Kick-Off & Knowledge Transfer: Conduct joint kickoff with City leadership, establishing communication protocols, escalation matrix, and reporting cadence.
System Discovery & Baseline Audit: Perform a full technical assessment network diagrams, hardware inventory, licensing, cybersecurity posture, and cloud configuration.
Documentation & Centralization: Import all assets, credentials, and procedures into IT Glue for standardized documentation and continuity.
Monitoring & Ticketing Deployment: Configure Kaseya BMS / N-central agents for 24×7 monitoring, automated patching, and SLA tracking.
Transition Assurance: Run parallel support for a minimum of two weeks to guarantee smooth handoff from the incumbent provider or internal staff.
Deliverable: Onboarding Report + Risk Register + Baseline Compliance Scorecard presented to City management.
Phase 2 – Stabilization & Optimization (First 90 Days)
Objective: Establish consistent service delivery, enforce cybersecurity standards, and align system health with RFP SLAs.
Service Stabilization: Apply standard operating procedures for incident triage, escalation, and SLA adherence; verify real-time alerting for servers, switches, and firewalls.
Cybersecurity Hardening: Deploy the Data Net CMMC Level 2-compliant stack Cisco Duo MFA, Barracuda Essentials, Netwrix Auditor, and DNS filtering with continuous SOC oversight.
Patch & Change Management: Implement structured weekly patch cycles and formal change-control documentation.
Asset Lifecycle Tracking: Enable automated warranty and licensing alerts via IT Glue for predictive budgeting.
Operational Governance: Conduct weekly status meetings and submit monthly executive dashboards detailing ticket metrics, uptime, CSAT, and risk indicators.
Deliverable: City operational readiness sign-off; measurable SLA compliance ≥ 95%.
Phase 3 – Governance & Continuous Improvement
Objective: Establish long-term oversight, performance transparency, and maturity compliance.
Quarterly Business Reviews (QBRs): Led by Data Net’s vCIO and vCTO, QBRs will evaluate SLA performance, risk registers, asset lifecycles, and budget alignment. 101
12 APPROACH TO THE SCOPE OF WORK
Technology Steering Committee: Collaborate with City management to review roadmaps, regulatory updates, and modernization priorities.
Compliance & Audit Support: Map City operations to CMMC 2.0, NIST 800-171, HIPAA, SOC 2, and CIS Controls; deliver quarterly compliance scorecards and annual audit reports.
Training & Knowledge Transfer: Conduct annual cybersecurity awareness and departmental technology training to strengthen staff resilience.
Performance Dashboards: Use Kaseya BMS data to produce real-time dashboards on uptime, ticket closure rates, and system health trends.
Deliverable: Quarterly Governance Package + Updated 3-Year Technology Roadmap for Council presentation.
Phase 4 – Innovation & Future Scalability
Objective: Position to the City for growth, digital transformation, and smart-city readiness.
Cloud Modernization Roadmap: Evaluate hybrid or private-cloud migrations for Microsoft 365, AWS, and Azure services; design a 3-year cloud adoption strategy.
Smart Infrastructure Integration: Support camera systems, IoT devices, and mobile applications with secure network segmentation and CMMC policy inheritance.
AI & Automation Readiness: Introduce AI-enabled monitoring and self-healing ticketing to further improve mean-time-to-resolution (MTTR).
Disaster Recovery Enhancements: Maintain immutable backups with quarterly restore testing and documented incident response playbooks.
Fiscal Stewardship: Provide cost-benefit analyses for each new initiative, ensuring alignment with City budget cycles and procurement policies.
Deliverable: Annual Innovation Plan + Budget Forecast integrated into City CIP and Strategic Plan.
Performance Measurement & Accountability
SLA Compliance: 95%+ same-day ticket closure, 15-minute critical response.
Reporting: Monthly dashboards → Quarterly governance reviews → Annual City Council summary.
Cost Savings: Expected 30–40% reduction through vendor consolidation and license optimization.
Compliance: Continuous alignment with CMMC 2.0, NIST 800-171, HIPAA, SOC 2, and PCI DSS.
Citizen Impact: Improved uptime of public services and digital platforms such as AdelantoCA.gov and City Council broadcast systems.
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13 APPROACH TO THE SCOPE OF WORK
Outcome & Commitment
Data Net’s proposed strategy provides the City of Adelanto with:
Predictable IT governance through structured phases and clear deliverables.
Audit-ready security aligned with state and federal requirements.
Operational continuity via redundant infrastructure and measurable SLAs.
Long-term partnership emphasizing innovation, fiscal stewardship, and public trust.
Through this disciplined, transparent, and forward-looking methodology, Data Net will not merely manage technology but empower the City of Adelanto to deliver secure, efficient, and citizen-centered digital services.
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14 TEAM QUALIFICATIONS
SECTION 4 – Team Qualifications
Data Net Solutions Group will assign a multidisciplinary team combining on-site, executive, and remote-engineering resources to deliver the City of Adelanto’s managed IT services. Our structure ensures that day-to-day responsiveness, cybersecurity depth, and strategic governance are all covered by certified professionals with proven publicsector experience. Each team member listed below has been selected based on direct success supporting municipalities, water districts, and regulated utilities across Southern California. We can also adapt to hybrid onsite and remote staffing models as requested by the City to optimize cost, resource allocation, and service coverage without compromising response times or quality.
Overview
Each team member listed below has been selected based on direct success supporting municipalities, water districts, and regulated utilities across Southern California.
Executive Oversight & Governance
Rob Slaughter – President / Executive Sponsor
Provides executive alignment, contractual oversight, and resource commitment.
With more than 40 years of municipal IT leadership, Rob ensures the City’s objectives remain central to every decision.
Program Management & Account Leadership
Michael Leeper – Chief Operating Officer / Account Manager Serves as the City’s primary management contact and project-delivery lead.
Oversees service quality, SLA adherence, budgeting, and strategic planning.
Systems & Infrastructure Engineering
Salomon Saenz – Lead Systems Engineer / Project Manager Designs and maintains server clusters, storage, and virtualization platforms (VMware, Microsoft, Veeam).
Leads infrastructure projects, risk mitigation, and DR validation testing.
Organizational Structure
1.Alex Maestas – Network Security Engineer (Level 2)
Manages firewalls, VPNs, and endpoint protection.
Oversees deployment of MFA, EDR, DNS filtering, and monitors SOC alerts.
Certified in Network + and pursuing Bachelor of Science in Cybersecurity.
2.Vonahi Security – Automated Penetration Testing Platform Data Net Solutions Group has replaced the traditional external sub-consultant model with Vonahi Security’s vPenTest, an automated penetration-testing and vulnerabilitymanagement platform used by government and enterprise clients nationwide.
Cybersecurity & Compliance Operations
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15 TEAM QUALIFICATIONS
This cloud-based solution continuously simulates real-world cyberattacks against the City’s environment to identify vulnerabilities before they can be exploited. The platform delivers detailed, auditor-ready reports aligned with CIS Controls, NIST 800-171, and CMMC 2.0 frameworks providing the City of Adelanto with continuous compliance validation and actionable remediation guidance without the delays of manual testing cycles.
Key Capabilities
Automated external, internal, and credentialed penetration testing Real-time vulnerability detection and prioritization
Detailed compliance and remediation reports
Integration with Data Net’s Security Operations Center for continuous monitoring Quarterly summary reports included in vCIO governance reviews On-Site Support & Help Desk Integration
This approach provides faster, more accurate, and more frequent assessments at a lower cost while maintaining the transparency and accountability required under municipal IT governance.
Timothy Duran – On-Site IT Support Technician (40 hrs/week) The City’s dedicated technician based at City Hall four days per week. Provides enduser support, coordinates vendor visits, and ensures smooth daily operations.
Certified CompTIA Network+, trained in Kaseya BMS ticketing and IT Glue documentation.
Senior Network & Field Engineering Support
Ryan Cumbey – Senior Network Engineer & Procurement Lead Supports multi-site network segmentation, VLAN design, hardware procurement, and AI-assisted monitoring.
Certified pilot and engineer with 5 years at Data Net Solutions optimizing infrastructure for public utilities.
Project /
Client Role(s) Key Functions & Outcomes Duration
Fallbrook
Public
Utility
District
Executive
Sponsor,Lead
Engineer,
vCIO
Full-time MSP since 1983; 24×7
monitoring, cybersecurity
hardening, and disaster-recovery
management (quarterly testing).
40 years
continuing
support
Representative Experience
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16 TEAM QUALIFICATIONS
Project /
Client Role(s) Key Functions & Outcomes Duration
Leucadia
Water
District
COO, Project
Manager,
Systems
Engineer
IT modernization, backup
automation, CMMC-aligned
compliance program; achieved
30% IT cost reduction.
30 years of
continuing
support
City of
Oceanside
Project
Manager,
Network
Engineer
Municipal IT outsourcing,Council
meeting support, cybersecurity
stack deployment.
5 years
Rainbow
Water
District
Security
Engineer,
vCIO
Implementation of CMMC Level2
stack, SOC monitoring, phishing
simulations; reduced security
spending 35%.
7 years
City of San
Diego
(Public
Utilities
Division)
Systems
Engineer,
Compliance
Advisor
Managed backup and continuity
platforms for critical
infrastructure; maintained zero
data loss incidents.
4 years
Southern
California
Edison
(SCE)
Cyber Advisor
/ CISO
Support
Led multi-phase cybersecurity
initiative for NERC/CIP
compliance; reduced phishing
vulnerability 70%.
3 years
VMware Certified Professional (VCP) – Rob Slaughter
Citrix Certified Network Administrator (CCNA) – Rob Slaughter CISSP, Security+ – Robin Evans
Microsoft Azure Administrator Associate – Sal Saenz
CompTIA Network+ – Timothy Duran
Kaseya BMS & IT Glue Certified Partner – Data Net Solutions Group CMMC Level 2 Compliance Validated Stack – Data Net Security Operations Center Certifications & Technical Competencies
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17 TEAM QUALIFICATIONS
Executive Sponsor → vCIO/vCTO Governance → Account Manager → On-Site Lead → Remote Engineering → Security & Compliance Oversight
This organizational hierarchy ensures direct accountability to City leadership, rapid escalation pathways, and access to deep technical expertise across all service tiers.
Organizational Chart (Narrative)
Weekly operations are led by Timothy Duran (On-Site), with remote escalations managed by Sal Saenz (Level 3) and Alex Maestas (Level 2) under the supervision of Michael Leeper.
Compliance and penetration testing functions are supported by Vonahi Security’s automated vPenTest platform, providing the City of Adelanto with continuous, thirdparty validation of network security posture and actionable reporting aligned with national cybersecurity standards.
Data Net’s assigned team represents more than 100 years of combined experience delivering managed IT, cybersecurity, and infrastructure modernization to public agencies.
Each member is trained in municipal compliance standards, public transparency, and citizen-service continuity.
Our goal is to function not as an outside vendor, but as a seamless extension of City staff present, accountable, and fully invested in Adelanto’s long-term success.
Data Net Solutions Group, Inc., will not utilize any sub-consultants for the execution of this project.
Section 4a. Sub-Consultants
All services outlined in the Scope of Work will be performed directly by Data Net’s inhouse team of certified engineers, project managers, and compliance specialists. This ensures full accountability, consistent quality, and streamlined communication throughout the duration of the contract.
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18 SERVICE LEVEL AGREEMENT
SECTION 5 – Service Level Agreement (SLA) and Support Plan Data Net Solutions Group’s Service Level and Support Plan is built on a foundation of real-time visibility, automation, and continuous innovation.
Our goal is not only to meet the City’s SLA targets but to exceed them through smarter tools, predictive analytics, and cost-optimized service delivery.
By combining automation, AI-driven insights, and municipal-specific experience, we deliver measurable improvements in uptime, user satisfaction, and budget stewardship.
1. SLA Monitoring, Tracking, and Reporting
Function Tool / Process Outcome
Ticket Management
& SLA Tracking Kaseya BMS
Automatically time stamps every
request, assigns severity, and
monitors response/resolution times
to ensure SLA compliance.
System
Documentation &
Asset Tracking
IT Glue
Central repository for asset data,
credentials, network diagrams, and
lifecycle schedules ensuring
traceability and faster resolution.
Equipment / Parts /
Software
Pass-through
at Cost + 5%
Handling
Requires City pre- approval per
invoice
Printing / Materials At Cost Only for City-approved deliverables 24×7
Monitoring & Alerting
N-Central /
SOC Dashboard
Detects incidents in real time
and routes alerts by severity for
immediate engineer dispatch.
Performance
Reporting
Monthly
Dashboards +
Quarterly
Governance
Reports
Summarizes ticket volumes, SLA
adherence, uptime, and CSAT
scores for City leadership review.
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20 SERVICE LEVEL AGREEMENT
2. Incident Prioritization and Resolution Strategy
Weekly Staff Check-Ins: Review active tickets and project progress with City liaisons.
Monthly Executive Dashboards: Detail SLA compliance, recurring issues, and optimization recommendations.
Quarterly Business Reviews (QBRs): Include compliance scorecards, risk updates, and KPI benchmarking.
Reporting Cadence
Data Net classifies and responds to incidents according to severity and business impact, ensuring the most critical issues receive immediate attention.
Severity
Level
Response
Target
Resolution
Target
Description
/ Approach
Critical ≤ 15 minutes ≤ 8 hours
City-wide outage or service
unavailability. SOC immediately
alerts on-call engineer;
emergency bridge call initiated.
High /
Urgent ≤ 30 minutes ≤ 24 hours
Multi-user or departmental
impact. Escalated to Level 3
engineer; continuous updates
until closure.
Normal /
Routine ≤ 1 hours ≤ 48 hours
Localized issue or non-critical
degradation. Managed via Help
Desk with same-day resolution
target.
Low /
General ≤ 4 hours ≤ 72 hours
Single-user or minor request.
Handled through remote session
or scheduled visit.
These SLA commitments meet or exceed the City of Adelanto’s response and resolution expectations outlined in the RFP, ensuring consistent, measurable service delivery aligned with municipal operational priorities
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21 SERVICE LEVEL AGREEMENT
Root-cause documentation within IT Glue.
Customer satisfaction (CSAT) survey after closure.
Automated SLA breach alerts for proactive management intervention.
All service tickets include:
3. Escalation and Communication Protocols
Structured Escalation Path
1.Level 1 – On-Site IT Lead (Timothy Duran): Handles day-to-day desktop, network, and printer support; escalates complex issues.
2.Level 2 – Network Security Engineer (Alex Maestas): Addresses firewall, VPN, and endpoint-security incidents.
3.Level 3 – Lead Systems Engineer (Sal Saenz): Resolves server, virtualization, and cloud-infrastructure issues.
4.Program Oversight – Account Manager / COO (Michael Leeper): Ensures SLA adherence, budget compliance, and stakeholder communication.
5.Executive Escalation – President (Rob Slaughter): Available 24×7 for priority incidents, ensuring resources and decisions are expedited.
6.Security & Compliance Oversight (Vonahi Security) independent review and compliance verification.
Support Channels:
a.Help Desk Portal (preferred): [email protected]
b.Full Business Hours Hotline: (760) 466-1200
c.On-Site Engineer: City Hall, 40 hrs weekly
Status Updates: Real-time ticket notifications, plus follow-up emails at each escalation level.
Incident Reports: Formal post-incident reviews shared with City management within 48 hours of closure.
After-Hours Support: Critical and High tickets automatically trigger SOC dispatch to on-call engineer.
Communication Protocols
Automated SLA Analytics: BMS continuously measures compliance metrics, flagging potential breaches.
Trend Analysis: Monthly data identifies repeat issues, informing preventative maintenance.
Staff Training: Regular refresher sessions for Help Desk and on-site staff to maintain operational excellence.
Communication Protocols
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22 SERVICE LEVEL AGREEMENT
Service Credits: If SLA targets are not met, proportional credits are applied as outlined in the MSA.
Commitment to the City of Adelanto
Data Net guarantees ≥ 95 %+ SLA compliance, transparent reporting, and continuous communication with City staff.
Our support model ensures incidents are resolved quickly, root causes are documented, and improvements are implemented before future disruption occurs.
Through this disciplined, metrics-driven approach, Data Net delivers a support experience that is accountable, measurable, and exceeds public-sector standards for reliability and transparency. Our mix of automation, analytics, and proactive engineering boosts efficiency, enhances service delivery, and drives cost savings, ensuring the city receives the highest value for every technology dollar. 111
23 CONSULTANT REFERENCES
Section 6 – Consultant References
For over four decades, Data Net Solutions Group, Inc. has partnered with municipalities and water districts across Southern California, delivering continuous managed IT operations, cybersecurity, disaster-recovery readiness, and compliance alignment.
Each reference below demonstrates innovation that produced measurable savings, transparent documentation, and key escalation pathways that directly mirror the scope requested by the City of Adelanto.
Overview
Client Type: Municipal Water District
Duration: 1983 – Present (40 Years Continuous)
Role: Prime Contractor – Full Managed Services Provider Contact: Brian West, Systems Technician • Desk (760) 999-2740 • [email protected] Contract Amount: 180k (5 Year Renewal Current Client)
1. Fallbrook Public Utility District (FPUD)
Scope of Work
Comprehensive 24×7 infrastructure monitoring combined with full business-hour help desk coverage and dedicated onsite support, with additional after-hours response available for emergency situations.
Disaster Recovery / Business Continuity with quarterly restore validation.
Cybersecurity program: MFA, phishing simulations, and penetration-test coordination.
Comprehensive documentation in IT Glue for all assets, licenses, and configurations.
Innovation & Results
Zero downtime in mission-critical operations for four decades.
Significant IT-cost reduction through vendor consolidation and lifecycle forecasting.
Consistently passed state and federal compliance audits under Data Net’s documentation model.
Quarterly SLA reports delivered via BMS dashboards ensure traceable performance and escalation compliance.
Client Type: Local Government Utility Agency
Duration: 1993 – Present (30 Years Continuous)
Role: Prime Contractor – Managed IT & Compliance Partner Contact: Ryan Green, Director of Finance & Administration • (760) 753-0155 ext. 3012 Contract Amount: $126K (5 Year Renewal Current Client)
2. Leucadia Water District
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24 CONSULTANT REFERENCES
Scope of Work
Complete IT outsourcing and infrastructure modernization.
Immutable backups with long-term retention.
Annual cybersecurity awareness and phishing-simulation training. vCIO-led budgeting and vendor-license audits.
Innovation & Results
Major reduction in IT operating cost by streamlining vendors and eliminating redundant licensing.
Fully audit-ready compliance with CMMC, NIST, HIPAA, and SOC 2 frameworks.
Zero catastrophic failures; uptime maintained across all departments.
Quarterly documentation reviews in IT Glue improved asset accuracy and shortened refresh cycles by 20 %.
Client Type: Municipal Water District
Duration: 1996 – 2012
Role: Prime Contractor – Full Managed IT & Continuity Services Contact: Eric Rivard • (760) 466-1200 • [email protected] Contract Amount: 240k (2 Year)
3. Valley Center Municipal Water District (VCMWD)
Scope of Work
Modernization of city-hall IT systems and compliance alignment.
Deployment of business-continuity playbooks and DR testing.
Implementation of structured escalation matrix with defined Tier 1-to-vCIO communication.
Innovation & Results
Reduced average ticket resolution time from 6 hours → 1.5 hours through escalation governance.
Eliminated thousands of dollars in hardware refresh costs via lifecycle forecasting and vendor negotiation.
90-minute full-environment recoverability verified during live test.
Created standardized network topology and documentation packages later adopted regionally as best practice.
Client Type: Public Utility District
Duration: 2005 – 2012
4. Rainbow Municipal Water District
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Contact: Ken Arledge – [email protected] • Juan Atilano – [email protected]
Contract Amount: 150k (3 Year)
25 CONSULTANT REFERENCES
Scope of Work
Comprehensive IT operations, continuity, and cybersecurity framework alignment.
License and vendor-cost control initiatives.
Innovation & Results
Implemented immutable backup systems ensuring rapid recovery from cyber incidents.
Strengthened resilience against ransomware; maintained unbroken service continuity.
Delivered detailed board-level documentation packets used for compliance reviews.
Client Type: Municipal Water District
Duration: 1996 – 2012
Contact: Alta R. Bonney • (760) 745-5522
Contract Amount: 300k (5 Year)
5. Rincon del Diablo Municipal Water District
Scope of Work
Managed IT infrastructure and staff support.
Designed and implemented disaster-recovery and security protocols.
Delivered IT-policy development and continuity planning.
Innovation & Results
15+ years of uninterrupted operations and successful state/federal audits.
Produced standardized continuity documentation templates later reused by neighboring agencies, saving onboarding time for new staff by 40 %.
Summary of Measured Outcomes
Reference
Agency Duration
Key
Innovation
Quantifiable
Outcome
Documentation
Impact
Fallbrook
PUD 40 yrs
Lifecycle
forecasting &
vendor
consolidation
Significant
cost savings
Complete IT Glue
repository enabling
zero-downtime
audits
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26 CONSULTANT REFERENCES
Reference
Agency Duration
Key
Innovation
Quantifiable
Outcome
Documentation
Impact
Leucadia
WD 30 yrs
Hybrid cloud
modernization
&
budget
alignment
Major annual
savings
Quarterly
compliance with
scorecards and
asset reports
Valley
Center
MWD
16 yrs
Escalation
governance &
continuity
testing
MTTR
improved
75 %
Standardized
network
documentation
adopted regionally
Rainbow
MWD 7 yrs
Immutable
backup
framework
Zero data loss
incidents
Board-level
reporting for audit
proof
Rincon del
Diablo
MWD
16 yrs
Continuity
protocol &
policy
development
Uninterrupted
IT operations
15yrs
Reusable continuity
templates for future
agencies
Alignment with City of Adelanto Objectives
Innovation is rooted in practicality — budget alignment, vendor consolidation, and continuity design saving up to 40 % annually.
Pro-documentation culture — every asset, ticket, and procedure captured in IT Glue and BMS for full audit readiness.
Structured escalation pathway — Tier 1 → Tier 2 → vCIO → Executive Oversight ensures no ticket stagnation and guarantees accountability.
Each engagement demonstrates Data Net’s:
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27 CONSULTANT REFERENCES
Proven reliability — decades-long partnerships with zero mission-critical outages.
Each engagement demonstrates Data Net’s:
By applying these same disciplined processes, Data Net will provide the City of Adelanto with a fully documented, cost-optimized, and compliance-ready IT environment that strengthens public-service continuity while delivering measurable fiscal savings.
Data Net Solutions Group, Inc., will not engage any sub-consultants for this project.
As such, there are no sub-consultant references to provide. All work will be performed exclusively by Data Net’s internal team to ensure quality control, direct accountability, and consistency across all deliverables.
Section 6a. Sub-Consultants References
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28 INSURANCE DOCUMENTATION
Data Net Solutions Group, Inc. maintains all required insurance coverages in accordance with the City of Adelanto’s Professional Services Agreement standards. Certificates of Insurance (COIs) and endorsement pages will be provided prior to contract execution.
Our insurance program meets or exceeds the minimum limits outlined in the solicitation, as summarized below:
Section 7 – Insurance Documentation
Type of
Insurance
Carrier /
Rating
Coverage Limit
Notes /
Endorsements
Commercial
General
Liability (CGL)
The Hartford
(A-, AM Best)
$2,000,000 per
occurrence/
$4,000,000
aggregate
Includes Completed
Operations
coverage.
Automobile
Liability The Hartford
$1,000,000 combined
single limit per
accident
Covers owned, non
owned & hired
autos.
Workers’
Compensation
& Employer’s
Liability
State Fund
Insurance
Statutory /
$1,000,000
Employer’s Liability
Includes waiver of
subrogation in favor
of the city.
Professional
Liability (Errors
& Omissions)
Hiscox
Insurance
$1,000,000 per claim
/ $2,000,000
aggregate
Covers technology
consulting and
managed IT
services.
Cyber
Liability /
Network
Security
Chubb Cyber
Enterprise
Risk
$1,000,000 per
incident
It covers data
breach,
ransomware, and
forensic remediation.
Umbrella /
Excess
Liability
The Hartford
$2,000,000
aggregate
Extends coverage
limits across
CGL and Auto.
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29 INSURANCE DOCUMENTATION
All insurers are rated A- or better by A.M. Best.
Certificates of Insurance will list City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301 as Certificate Holder and Additional Insured.
Data Net Solutions Group will maintain continuous coverage throughout the contract term and provide 30-day written notice to the City prior to any cancellation or material change.
Additional Provisions
Attached Documents:
Certificates of Insurance (CGL, Auto, Workers’ Comp, Professional Liability, Cyber Liability)
Endorsement pages listing City of Adelanto as Additional Insured 118
30 This addendum forms a part of the contract documents for the identified project and modifies the Request for Proposal (RFP) as noted below. All proposers shall acknowledge receipt of this addenda in the Proposal Document. Those portions of the RFP not specifically mentioned in this addendum remain in force. All trades affected shall be fully advised of these changes, deletions or additions.
ADDENDA
Section 8 – Addenda
Data Net Solutions Group, Inc. acknowledges ADDENDUM #1 have been issued by the City of Adelanto for this Request for Proposals (RFP) titled Managed IT Services – Information Technology Consultant Support.
Managed IT Services – Information Technology Consultant Support October 16, 2025
ADDENDUM #1
The attached constitutes additional information and serves to clarify issues considered to be part of the City of Managed IT Services – Information Technology Consultant Support Should you have any questions, please feel free to contact Saba Engineer, P.E., email:
[email protected]
____________________________________
Saba Engineer, P.E., Grant Administrator
To all prospective bidders:
Please see attachment regarding questions and answers from perspective bidders.
Receipt acknowledged and conditions agreed to this 15th day of October 2025.
Proposer: Rob Slaughter
Data Net Solutions Group, Inc. hereby acknowledges receipt and review of Addendum #1 and confirms that the information and requirements contained therein have been incorporated into this proposal submission.
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Contact
2445 5th Avenue, Suite 200, San
Diego, CA 92101
760-220-6230 (Mobile)
[email protected]
www.linkedin.com/in/robslaughter-3b8bb44 (LinkedIn)
www.4datanet.com (Company)
Top Skills
Systems Engineering
reactor systems
Citrix Workspace
Languages
English (Native or Bilingual)
Certifications
VMWare Certified Professional
Intel Certified Systems Engineer
Certified Novell Engineer (CNE)
Citrix Certified Network Administrator
Honors-Awards
Letter of Commendation from Ship's
Captain
Build San Diego Excellence in
Technology Award
Rob Slaughter
President @ Data Net Solutions Group | Private Cloud &
Cybersecurity
San Diego County, California, United States
Summary
With over four decades of leadership in Information Technology, I’ve helped transform how cities, utilities, airports, construction firms, and legal and medical organizations leverage technology to get real work done. Since founding Data Net Solutions Group in 1983, I’ve served as a trusted advisor and systems architect for some of the largest firms across the Southwestern U.S., delivering dependable infrastructure and lasting business value.
My experience spans a wide range of platforms and disciplines —including VMware, Citrix, Microsoft, NetApp, Veeam, and Sage Construction software—but my passion lies in building secure, highperformance environments that empower teams to perform at their best. Whether integrating private cloud systems for CPA and legal firms, implementing SCADA networks for water districts, or securing regional airport infrastructure, I bring a systems-engineering mindset shaped by my early career as a Nuclear Reactor Operator and Trainer for the U.S. Navy and at the San Onofre Nuclear Generating Station in Southern California.
My passion for engineering and systems thinking was sparked early in life, growing up working in our family business where we built and restored airplanes, boats, and antique cars. Those formative years taught me the value of craftsmanship, accountability, and problemsolving—principles that have remained at the core of my professional approach. Whether fabricating aircraft parts or tuning a vintage engine, I learned to respect precision, process, and the satisfaction of seeing something complex work exactly as it should.
What sets me apart is my hands-on commitment to training, mentoring, and leading IT teams—not just building systems, but transferring knowledge and growing capability. My best work happens when I’m in the room with smart people, solving hard
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problems, or guiding the next generation of engineers, leaders, and decision-makers.
Specialties:
• Private Cloud Architecture & Infrastructure
• VMware, Citrix, Microsoft, NetApp SAN, Veeam, and Intel Platforms • Sage Construction & Accounting Software Integration
• SCADA & OT Systems for Public Utilities
• Cybersecurity & Compliance for High-Risk Environments • Strategic Leadership, Team Building & Stakeholder Communication Experience
Data Net Solutions Group
President
March 1983 - Present (42 years 7 months)
San Diego, California, United States
As founder and president of Data Net Solutions Group, a veteran-owned and operated company, I’ve led the business through over four decades of growth in the Information Technology industry. Since 1983, we’ve delivered mission-critical infrastructure and support to cities, utilities, construction firms, regional airports, legal practices, medical groups, and CPA firms across the Southwestern U.S.
We specialize in secure private cloud architecture, line-of-business integration, and resilient infrastructure. Under my leadership, we’ve deployed systems using VMware, Citrix, Microsoft, NetApp, Veeam, and platforms like Sage 300 CRE and Procore. Our focus includes SCADA and OT networks for utilities and secure environments for regulated industries.
My systems-engineering approach is shaped by my background as a U.S.
Navy Nuclear Reactor Operator and Trainer, and later as a commercial nuclear operator at San Onofre Nuclear Generating Station. I apply those same principles of precision, process, and accountability to every IT engagement.
Today, we help organizations adapt to AI-driven transformation, hybrid cloud architectures, and secure remote access—enabling high performance while minimizing risk.
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Beyond technology execution, I’ve trained and mentored IT professionals, built strong teams, and guided executive leaders through complex IT strategy, cybersecurity, and modernization efforts.
Core Focus Areas:
• Private Cloud & Infrastructure Design
• SCADA, OT & Utility Systems
• Sage 300 CRE, Procore & Legal Software Integration
• Cybersecurity, Compliance & Risk Management
• VMware, Citrix, Veeam, NetApp & Intel Platforms
• Executive IT Advisory & Digital Transformation
• Veteran-Owned Leadership with a Mission-Driven Mindset Filanc Construction
Chief Information Officer
March 2007 - August 2012 (5 years 6 months)
Escondido, California, United States
As CIO of J.R. Filanc Construction, I led the strategy, design, and execution of all technology systems across the organization, supporting a wide range of public works and water infrastructure projects throughout the Western U.S.
I oversaw the development of a secure, scalable IT environment that served both field teams and office operations. Key initiatives included the deployment of Sage 300 CRE for project costing and accounting, Primavera P6 for construction scheduling, and Citrix-based remote access systems to ensure seamless communication between jobsites and headquarters.
My work focused on aligning technology with operational goals—enhancing collaboration, improving system reliability, and enabling long-term scalability.
I also led major efforts in cybersecurity, disaster recovery, and performance optimization, ensuring business continuity and compliance in a securityconscious industry.
I worked closely with Filanc’s executive team to guide IT capital planning and support the company’s mission through thoughtful, reliable technology investments.
Key Responsibilities & Achievements:
• Directed company-wide IT strategy and operations
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• Deployed Sage 300 CRE and Primavera P6 for finance and scheduling • Designed Citrix remote access systems for field team productivity • Led cybersecurity and disaster recovery initiatives
• Supported jobsite-to-HQ infrastructure and mobile connectivity • Advised executive leadership on long-term IT investment and risk planning Southern California Edison
Nuclear Reactor Operator and Trainer
November 1981 - July 1986 (4 years 9 months)
San Clemente, California, United States
At San Onofre Nuclear Generating Station (SONGS), I served as a Licensed Nuclear Reactor Operator and Certified Technical Trainer, supporting the safe operation and startup of Units 2 and 3—two of the nation’s largest commercial nuclear reactors at the time.
My responsibilities included reactor operations, system commissioning, and operational readiness testing during critical startup phases. I played a lead role in writing and implementing procedures for reactor waste handling systems, and contributed to the development of technical documentation under NRC oversight, ensuring safety, reliability, and full regulatory compliance.
As a certified instructor, I spent more than 18 months in the training department, delivering classroom and full-simulator instruction to reactor operators and engineering personnel. This experience honed my skills in technical training, procedural clarity, and systems thinking—values that would define the rest of my engineering and IT career.
Key Contributions:
• NRC-Licensed Reactor Operator for Combustion Engineering Units 2 & 3 • Led simulator-based training for licensed operators and engineering staff • Developed and implemented waste system operating procedures • Supported startup and operational readiness testing during commissioning • Maintained strict compliance with NRC safety, procedural, and documentation standards
• Contributed to a culture of safety, discipline, and engineering excellence in a high-stakes environment
Arkansas Nuclear One
Nuclear Reactor Operator
January 1981 - November 1981 (11 months)
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Russellvile, AR
At Arkansas Nuclear One, I served as a Licensed Nuclear Reactor Operator on Unit 1, a Combustion Engineering pressurized water reactor—one of the earliest commercial nuclear units in the U.S. My role involved full-time operations under NRC license, including startup, shutdown, steady-state operation, and emergency response for one of the nation's most closely monitored power generation facilities.
During this time, I gained deep expertise in Combustion Engineering reactor systems, setting the stage for my later work at San Onofre Nuclear Generating Station, which shared a nearly identical design architecture. My hands-on experience at ANO with Bechtel-designed systems, safety procedures, and operational controls provided a seamless transition into Southern California Edison’s reactor operations team.
Key Contributions:
NRC-Licensed Nuclear Reactor Operator for CE-designed Unit 1 reactor Performed plant startup, steady-state operation, shutdown, and emergency protocols
Gained expertise in Combustion Engineering/Bechtel nuclear plant architecture
Supported operations and system oversight in a regulated, high-performance environment
Selected for transfer to Southern California Edison’s San Onofre facility due to reactor system experience and operational excellence
US Navy
Nuclear Reactor Electrician and Trainer
January 1975 - January 1981 (6 years 1 month)
United States
I proudly served six years of active duty in the U.S. Navy’s elite Naval Nuclear Power Program, where I trained and operated some of the most advanced reactor systems in the world. My service began as a Qualified Prototype Instructor at the A1W Naval Nuclear Propulsion Training Facility in Idaho, working on full-scale operational reactors modeled after the Nimitz- and Enterprise-class aircraft carriers. In this role, I trained incoming nuclear operators and officers in safe, efficient reactor operations, systems diagnostics, and emergency response procedures.
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Following my assignment at A1W, I transferred to the Pacific Fleet, where I qualified as a Reactor Operator and Engineering Watch Supervisor on surface ship reactors for the USS Bainbridge (CGN-25) and the USS Truxtun (CGN-35)—both nuclear-powered guided missile cruisers stationed out of San Diego. Aboard the USS Truxtun, I served as the Senior First Class Electrician, overseeing electrical operations and leading maintenance efforts across the ship’s nuclear propulsion and electrical systems.
Throughout my service, I was entrusted with high-stakes responsibilities in high-risk environments, and I received multiple commendations from command leadership for technical excellence, leadership, and dedication to duty.
Key Contributions:
Qualified Naval Nuclear Prototype Instructor at A1W reactor facility (Idaho) Trained hundreds of officers and enlisted personnel in reactor operation and emergency procedures
Qualified Engineering Watch Supervisor aboard USS Bainbridge and USS Truxtun
Served as Senior Electrician on the USS Truxtun, leading reactor electrical team
Conducted underway operations, maintenance, and drills during Pacific deployments
Honored with multiple commendations for performance and leadership by commanding officers
Cessna Aircraft Company
Aircraft Line Assembly Technician
August 1973 - January 1975 (1 year 6 months)
Wichita, Kansas, United States
While attending Wichita State University, I worked part-time at Cessna Aircraft Company, gaining valuable hands-on experience in aerospace manufacturing and production processes. My role involved supporting various stages of aircraft assembly, quality inspection, and systems integration for Cessna's general aviation line.
This early exposure to precision manufacturing standards, systems documentation, and mechanical craftsmanship laid a strong foundation for my later technical work in nuclear operations and complex IT systems engineering. Working in one of the world's leading aircraft manufacturing environments helped sharpen my attention to detail, systems thinking, and
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commitment to safety and quality—principles that have guided my professional career ever since.
Key Highlights:
Supported production processes in a live aircraft assembly environment Worked under strict quality control and FAA compliance procedures Developed practical skills in systems installation, inspection, and teamwork Built foundational experience in structured engineering and safety-first environments
Education
Southern California Edison
NRC Reactor Operator License, San Onofre Units 2 & 3 · (1981 - 1986) US Navy
Nuclear Engineering Trainer US Navy · (1975 - 1981)
Wichita State University
Psychology, Biology, Physics · (1973 - 1975)
Wichita High School East
High School graduate as 8th in over 1000 students in my class, Physiology, Chemistry, Psychology, Physics · (1969 - 1973)
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MICHAEL R. LEEPER
San Diego, CA • [email protected] • 619.674.7550
CHIEF OPERATIONS OFFICER | TECHNOLOGY & ACCOUNTING LEADER Dynamic operations and technology executive with a proven record of transforming organizations for profitable growth. Builds high-performing teams, streamlines operations, and implements advanced IT and accounting systems to drive efficiency and scalability. Trusted mentor and decisionmaker who thrives under intense growth and change.
CORE COMPETENCIES
Operations Optimization & Continuous Improvement • P&L Management, Budgeting & Financial Controls • IT Strategy, Cloud Solutions, and Cybersecurity • ERP & Business Systems Integration • HR Strategy, Policy Design & Workforce Development • Contract Negotiation & Customer Retention • Data-Driven Decision Making & Process Automation
PROFESSIONAL EXPERIENCE
DATA NET SOLUTIONS GROUP — SAN DIEGO, CA
Chief Operations Officer / IS Manager | 2018–Present
Provider of enterprise-level IT services: cloud, security, managed services, backup, hardware, and help desk support.
- Operational Transformation – Reorganized company operations, saving ~$200K annually and increasing same-day ticket close rate from 69% to 92%.
- Financial Systems Leadership – Implemented zero-trust accounting controls, job costing for sales accuracy, and digitized accounting records. Automated monthly invoicing, saving 300+ labor hours yearly.
- Technology Leadership – Architected Microsoft Azure and private cloud solutions; implemented ITIL service delivery and advanced MSP frameworks.
- HR & Workforce Development – Created standardized pay structures, job descriptions, and outsourced HR functions to reduce tension and improve retention; partnered with DOD SkillBridge and local workforce programs.
Key Achievements:
• Directed team of 5 servicing 90+ clients with $3M+ annual revenue. • Elevated marketing efforts with community outreach and restructured service contracts for greater client retention.
MRL CONSULTING — SAN DIEGO, CA
Principal / IT & Accounting Consultant | 2013–2018
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Founded and grew a successful consultancy serving 60+ SMB clients with IT strategy, cloud migration, business continuity planning, and accounting advisory. - Produced 100% clean audits and streamlined client financial reporting.
HIBRID HOME, LLC — SAN DIEGO, CA
Controller & Director of HR | 2015–2017
- Scaled operations from 11 to 185 employees in nine months by structuring HR, payroll, benefits, and compliance frameworks.
- Managed $15M+ in annual transactions and created scalable systems for a fleet of 51 vehicles and 200+ field staff.
EARLIER ROLES
Xonicwave — Network Support Engineer | 2013
- Delivered Tier 1 & 2 IT support for SMB clients up to 185+ users; onsite customer relationships and VMware virtualization.
Data Net Solutions Group — MSP Manager / DR Specialist | 2011–2013 - Built and managed Kaseya RMM system; led DR strategy and delivered client satisfaction through proactive service.
Sound Off Computing — Office Manager & Accountant | 2009–2011 - Full-cycle accounting for 25+ clients and 45 vendors; managed reconciliations and vendor relationships.
Assist U2 Build — Project Accountant | 2008–2009
- Oversaw $250K–$4.5M construction projects; built MS Access tracking system and marketing assets.
EDUCATION & CERTIFICATIONS
Associate Degree, Accounting & Finance — City College, San Diego, CA Additional coursework toward CPA & Bachelor of Science in Accounting
TECHNICAL SKILLS & TOOLS
Microsoft Azure & Intune • ITIL • Active Directory • VMware Virtualization • Microsoft 365/Exchange • Networking & Security (TCP/IP, DNS, DHCP, Firewalls) • Business Continuity & Disaster Recovery
Kaseya RMM • QuickBooks • Salesforce • ADP Workforce Now • Symantec • Google Workspace 128
Alexander Maestas
(209) 365-3209 San Diego, CA
March 2023 - current
Sep 2022 - August 2025
[email protected] www.linkedin.com/in/alexand
er-lee-maestas-5286681b2
San Diego, CA
November 2021 - March 2023 San Diego, CA
Delivered tier-1 network support, troubleshooting, and "remote hands" assistance to internal engineering teams and over 150 cloud and colocation clients.
Monitoring on-site and remote-site network, electrical, and cooling infrastructure.
Racking and cabling computer systems and networking equipment, cutting over cross-connects inside core network distribution facilities, documenting and labeling for future review, and troubleshooting.
February 2021 - current San Diego, CA
Facilitate provisioning of both classified and unclassified communications to surface, subsurface, air, and ground forces for all Naval telecommunications in our designated area of operations.
Ensure the proper security and handling of communications materials, systems and equipment.
Managing and coordinating information systems security across platforms and fleets.
Delivered timely and effective technical support to over 500 end-users, maintaining a 99% customer satisfaction rating based on feedback surveys.
Install, configure, and manage Windows systems including desktops, laptops, and servers as well as Watchguard firewalls.
Managed and provided technical support for various applications including Microsoft Office products, Bluebeam, Autodesk, Quickbooks, and Sage.
Document all work and troubleshooting through a ticketing system and revise technical documents and procedures as new information is found.
SKILLS
WORK EXPERIENCE
Data Net Solutions Group-Help Desk Engineer
U.S. Navy Reserve-Information Systems Technician
EDUCATION
National University-Bachelor of Science in Cybersecurity ScaleMatrix-Support Operations Center Tier-1 Technician Enterprise Software
Microsoft 365
Windows Operating Systems
Veeam
Watchguard Firewalls
Watchguard APs
Sonicwall Firewalls
Ticketing Systems
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Ryan M. Cumbey
San Diego, CA · 619 944 8226 · [email protected]
PROFESSIONAL SUMMARY
Senior Network Engineer with 5+ years of progressive growth at Data Net Solutions Group, advancing from help desk to R&D-focused senior engineer. Expert in secure network architecture, virtualization, and cost-efficient hardware procurement. Contributor to company AI-driven automation and monitoring initiatives and experienced in Google Ads marketing strategy to drive sales growth. Early career work in aviation operations and aircraft restoration built exceptional mechanical aptitude, precision troubleshooting, and problem-solving skills.
CORE COMPETENCIES
Networking & Security — DMZ segmentation; VLAN/LAG design; 10 GbE switching & routing; Wi-Fi optimization; VPN/firewall hardening; CMMC/CIS alignment Virtualization & Backup — VMware ESXi 6–8; Veeam Backup & Replication; Citrix XenServer/XCPng; Azure; S3-compatible storage (Wasabi, Backblaze) AI & Automation — AI-assisted monitoring and ticketing; Infrastructure performance optimization; R&D evaluation of emerging platforms
Procurement & Vendor Management — Dell/NetApp servers & storage; WatchGuard Firebox; NVIDIA Tesla/RTX GPUs; Licensing strategy & negotiation; Cost analysis Marketing & Media — Photography & visual storytelling; Google Ads/AdWords campaign design & scaling; ROI tracking and optimization
Mechanical Aptitude — Aircraft & engine restoration; Systems diagnostics; Hands-on assembly & repair; Analytical approach to complex infrastructure
Collaboration & Mentoring — Executive partnership; Team training & mentorship; Documentation and process improvement
PROFESSIONAL EXPERIENCE
Data Net Solutions Group — San Diego, CA
Senior Network Engineer & Purchasing Agent · 2023 – Present Architect and implement secure enterprise networks, including DMZ management and multitenant backup systems. Lead procurement strategy — sourcing and negotiating high-value hardware (servers, networking, storage, GPUs, endpoint devices).
Partner with CEO Rob Slaughter on AI-enabled infrastructure automation to improve monitoring and proactive remediation.
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Apply photography and media expertise to marketing efforts; manage and optimize Google Ads campaigns that directly convert ad spend into new sales. Mentor help desk and network engineers; establish technical standards and documentation processes.
Data Net Solutions Group — San Diego, CA
Network / Systems Engineer · 2021 – 2023
Deployed advanced virtualization and backup solutions with S3 offsite storage, improving disaster recovery cost-efficiency.
Led network upgrades and migrations, optimizing routing, switching, and Wi-Fi performance for enterprise clients.
Supported compliance readiness by hardening infrastructure to CIS and CMMC standards.
Data Net Solutions Group — San Diego, CA
Help Desk Engineer · 2019 – 2021
Delivered Tier 1–2 support; installed and troubleshot servers, networks, and end-user systems. Built foundational expertise in VMware, Veeam, WatchGuard, and enterprise support workflows.
Charter Flight Group — Carlsbad, CA
Aircraft Sourcing & Operations Specialist · Dec 2015 – Jan 2017 Researched, sourced, and coordinated aircraft for charter flights balancing performance, safety, and cost.
Negotiated directly with operators and brokers; built strong vendor and procurement expertise.
Mid-America Flight Museum — Mount Pleasant, TX
Aircraft Restoration & Operations Assistant · 2013 – 2015 Restored and maintained historically significant aircraft to flight condition; supported national airshow tours.
Gave veterans meaningful experiences aboard restored warbirds; learned precision mechanical work and system diagnostics.
KEY PROJECTS
Hardware Procurement Optimization — Negotiated direct vendor relationships reducing infrastructure spend while increasing performance capacity at Data Net Solutions Group. Multi-Tenant DMZ Network Deployment — Designed and deployed secure ESXi management networks improving backup reliability and compliance for multiple enterprise clients. AI & Automation Initiative — Helped evaluate and implement AI-tools, including training and instruction seminars for local businesses seeking to proactively stay up to speed Google Ads Growth Campaign — Created and managed automated AdWords campaigns; scaling spend directly increased inbound leads and monthly recurring revenue. Aircraft Sourcing Optimization — Negotiated aircraft procurement and charter arrangements at Charter Flight Group, balancing performance, safety, and cost. 131
Historic Aircraft Restoration — Restored and flight-tested multiple warbirds at Mid-America Flight Museum; supported veteran engagement tours and national airshows.
EDUCATION & CERTIFICATIONS
Texas State University, San Marcos – Bachelor Studies in Communications and Business Administration
Private Pilot’s License — Awarded best student in 42 years of training by flight instructor Bob Terry of Mt. Pleasant TX.
Continuing technical training and certifications in virtualization, backup, networking, and AIassisted systems development. 132
Salomon Saenz
Lead Systems Engineer (Senior Engineer)
[San Diego, CA] | [(760) 466-1200] | [[email protected]] Professional Summary
Senior Systems Engineer with extensive experience in systems architecture, server administration, and virtualization platforms. Proven expertise in designing and managing resilient IT infrastructures aligned with best practices. Skilled in VMware, Microsoft server environments, and enterprise-grade storage and backup solutions. Adept at leading engineering teams and ensuring infrastructure supports long-term organizational IT strategies.
Core Competencies
Systems Architecture & Design
VMware & Virtualization Platforms
Microsoft Server Administration (Windows Server, Active Directory) Enterprise Storage & Backup Solutions
Infrastructure Planning & Risk Mitigation
IT Roadmap Development
Team Leadership & Project Management
Disaster Recovery & Business Continuity
Professional Experience
Lead Systems Engineer (Senior Engineer)
City [San Diego], [CA] | [03/27/2023] – Present
Lead all aspects of IT infrastructure design and implementation, ensuring alignment with best practices and operational resiliency. Manage VMware environments, including vSphere, ESXi, and virtual machine provisioning.
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Oversee Microsoft server environments, including Active Directory, Exchange, and SQL Server.
Plan, deploy, and maintain enterprise storage and backup solutions to safeguard critical city data.
Collaborate with stakeholders to define long-term IT roadmap and ensure infrastructure supports organizational goals.
Evaluate and mitigate operational risks, ensuring system reliability and business continuity.
Technical Skills
Virtualization: VMware vSphere, ESXi, vCenter
Servers: Windows Server 2016/2019, Active Directory, Exchange, SQL Server Storage & Backup: SAN/NAS, Veeam, Backup Exec
Networking: TCP/IP, DNS, DHCP, VPNs
Tools & Platforms: PowerShell, System Center, Hyper-V, Citrix 134
Timothy Duran
Onsite IT Support Technician – Candidate for City of Adelanto 📞(805) 587-5185 • 📞[email protected]
Professional Summary
Proven IT Support Technician with a strong record of delivering reliable onsite technical support for mission-critical environments. Skilled at managing tickets, troubleshooting desktops and networks, and coordinating vendor support to ensure seamless daily operations. Known for professionalism, clear communication, and the ability to resolve issues quickly and effectively. Prepared to provide the City of Adelanto with consistent, dependable, and personable onsite IT support 40 hours per week.
Key Strengths
- Responsive onsite technician with excellent customer service skills. - Expertise in desktop support, hardware troubleshooting, and network connectivity. - Strong documentation and ticket-tracking discipline (Kaseya, SOP creation). - Effective communicator who works seamlessly with City staff, vendors, and IT leadership. - Commitment to reliability, accountability, and building trusted long-term relationships.
Professional Experience
ScaleMatrix, Kearny Mesa — Support Operations Technician July 2022 – Present
- Provide frontline IT support, triaging and resolving issues based on priority and business impact.
- Deliver direct user support and communicate solutions clearly to staff with varying technical skill levels.
- Perform desktop and server hardware swaps, installations, and upgrades in a multi-tenant environment.
- Document repeatable fixes in SOPs, reducing resolution times and improving consistency.
HCI, San Diego — Lead Fire Alarm Inspector
July 2021 – July 2022
- Led inspection teams, coordinating directly with city inspectors and municipal staff. - Trained and mentored junior technicians, building reliability and troubleshooting capability.
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- Oversaw compliance with NFPA72 standards, ensuring accuracy and safety across projects.
Commercial Fire Protection, Irvine — Fire Alarm Technician April 2017 – July 2021
- Installed and maintained complex fire and low-voltage systems, troubleshooting issues under pressure.
- Communicated with clients and officials to explain technical issues and solutions clearly. - Served as lead inspector on projects requiring compliance validation and approval.
Certifications
• CompTIA Network+ – Active (since Aug 2023)
References
Available upon request.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/23/2025
Cavignac
451 A Street, Suite 1800
San Diego CA 92101
Certificate Department 619-234-6848 619-234-8601 [email protected] Hartford Underwriters Insurance Co 30104 DATANET-01 Hartford Accident and Indemnity Company 22357 Data Net Solutions, Inc DBA Data Net Solutions Group
2445 5TH AVE STE 200
San Diego CA 92101
Hartford Casualty Insurance Co 29424 1454865027
A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 Y 72SBABB3NNN 12/1/2024 12/1/2025 4,000,000
B 1,000,000 XY 72UECCK9984 12/1/2024 12/1/2025
C 72WECAN9D2G 12/1/2024 12/1/2025
X
1,000,000 1,000,000 1,000,000
A
A
Cyber Liability
Professional Liability
72SBABB3NNN
72SBABB3NNN
12/1/2024
12/1/2024
12/1/2025
12/1/2025
Limit
Each Claim
Aggregate
$500,000
$2,000,000
$2,000,000
form, defense costs included within limit.
Additional Insured coverage applies to General Liability and Automobile Liability per policy form. Professional Liability - Claims made 137
POLICY NUMBER: 72UECCK9984
138
139
140
141
142
Form SL 00 00 10 18 Page 12 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) c. Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests.
f. Products-Completed Operations Hazard
Included with the "products-completed operations hazard". g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.
However, none of these "employees" or "volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.
If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property:
Policy number: 72SBABB3NNN
143
Form SL 00 00 10 18 Page 13 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (a) Owned, occupied or used by:
(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager
Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die
Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part.
The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to:
(1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:
a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
5. Operator Of Nonowned Watercraft
With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability.
However, no person or organization is an insured with respect to:
144
Form SL 00 00 10 18 Page 14 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations.
This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations.
The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner.
In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of:
a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section.
If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all 145
Form SL 00 00 10 18 Page 17 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (2) Premises Rented To You
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions.
(5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions.
(6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or
(7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured.
However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
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(May include copyrighted material of Insurance Services Office, Inc., with its permission) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
7. Transfer Of Rights Of Recovery Against Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.
F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition:
a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement.
2. "Advertising idea" means any idea for an "advertisement".
3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above, mental anguish or death at any time.
6. "Coverage territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or
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ATTACHMENT B
Professional Services Agreement
«Contract_Title»
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, «Year» (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and «Consultant», a «Entity_Type» (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
Term of Services. The term of this Agreement shall begin on «Term_of_Contract_Beginning» and shall end on «Term_of_Contract_Ending» unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period;
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; 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; The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A;
Receipts for expenses to be reimbursed;
The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Adelanto
Attn: Accounts Payable
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11600 Air Expressway
Adelanto, CA 92301
Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation.
The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. 150
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FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
151
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Commercial General and Automobile Liability Insurance.
General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and nonowned automobiles.
Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
Professional Liability Insurance.
General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or selfinsured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
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Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
All Policies Requirements.
Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: «Contract_Title».
The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its 153
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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.
Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
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.
Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
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INDEMNIFICATION.
Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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.
INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. 155
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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or nonpayment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code.
It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.
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Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
In accordance with Sections 1773 and
1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at
https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html.
Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request.
Consultant shall post a copy of the prevailing rate of per diem wages at each job site.
Consultant is aware of and will comply
with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
Pursuant to Labor Code Section 1810, it
is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder.
Pursuant to Labor Code Section 1815,
work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
Pursuant to Labor Code Section 1813, it
is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
Consultant is aware of and will comply
with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 157
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1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all subconsultants or subcontractors employed by Consultant in connection with this Agreement.
Pursuant to Labor Code Section 1775, it
is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor.
Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
158
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Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of 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.
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 159
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Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
Immediately terminate this Agreement;
Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Retain a different consultant to complete the Services described in Exhibit A; and/or
Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
KEEPING AND STATUS OF RECORDS.
Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request. 160
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Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
MISCELLANEOUS PROVISIONS.
Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bernardino County.
161
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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.
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.
No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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.
Consultant Representative. All matters under this Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
Notices. Any written notice to Consultant shall be sent to:
«Consultant»
Attn: «Consultant_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
11600 Air Expressway
162
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Adelanto, CA 92301
Attn: «Staff_Contact», «Staff_Title»
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example. __________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
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.
Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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.
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.
Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on 163
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account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
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.
Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
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]
164
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF ADELANTO
«City_Signature»
Attest:
Brenda Lopez, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT
«Consultant_Signature_1»
«Consultant_Signature_2»
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
165
EXHIBIT A
SCOPE OF SERVICES
Services shall include «Contract_Title» services in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 166
Prepared for:
City of Adelanto
11600 Air Expy
Adelanto, CA 92301
Jessie Flores
(442) 249-1121
www.adelantoca.gov
Prepared by:
Data Net Solutions Group
2445 5th Avenue, Suite 200
San Diego, CA 92101
(760) 466-1200
www.4datanet.com
MSP Agreement
167
Managed Services Pricing
Qty Description Unit Price Total Price
1 Managed Services – Network Management
Includes:
• Covers up to 80 Workstations
• Covers up to 23 Virtual Servers
• Covers up to 71 Named Users
• Managed Immutable Offsite Backup with up to 14 TB offsite data • Fully managed network with a human performing monthly maintenance • Manual patching on servers, Monthly review of systems and logs to correct errors
• Automated patching on workstations
• Managed Firewall (Labor included to maintain)
• Multi-factor Authentication (MFA) for all workstations and servers • Email filtering and security with mail spooling and emergency inbox • ThreatLocker - Zero Trust platform
• Quickpass - self password reset
• Microsoft 365 Tenant monitoring
• Microsoft 365 Backup (data included) for Outlook, One Drive, SharePoint, Teams, Groups, Calendar Events, and Tasks
• Managed Antivirus
• 24/7 Security Operations Center (SOC) with EDR – all Servers, Workstations, and Firewalls
• Managed DNS Filtering
• Security awareness training and simulated phishing campaigns • Dark Web monitoring
• Access to secure document management (included)
• Access to VCIO, VCTO, VCSO (billed T&M)
• Compliance support and planning (billed T&M)
• Additional Workstation billed at $25
• Additional Users Billed at $18
• One Month recurring fee to be paid 30 days prior to Off Boarding • Level 3 Escalation: 6 hours included additional time billed T&M • Level 3 Labor: 14 hours included additional time billed T&M • Monthly Penetration Testing Included
• Pricing is subject to adjustment based on findings from the initial assessment.
Assumptions:
• All systems are healthy and fully updated with current patching • All systems are currently under support by the vendor • No User may operate as a local administrator
• Good internet connectivity
• Client will provide a local data storage repository with at least twice the current data usage
Exclusions:
• After Hours, Weekend or Holiday Work
• Recovery from Acts of God/Fire/Flood
• Recovery from Ransomware Attack
• Project Work (Will be quoted separately as needed)
$11,750.50 $11,750.50
1 One Time Onboarding Fee $11,750.50 $11,750.50
2 Level 2 Onsite Support 40 Hours per Week $13,000 $13,000 Billing is for end of Month Quantities
Total One Time Onboarding Fee $11,750.50 $11,750.50
Total Monthly Recurring Charges $24,750.50 $24,750.50
168
Managed Services Plan Agreement
City of Adelanto
This MSP AGREEMENT (“MSPA”) by and between Data Net Solutions Group, a California corporation, with its principal place of business at 2445 5th Avenue, Suite 200 San Diego, CA 92101 (hereinafter referred to as “Data Net”) and City of Adelanto, with its principal place of business at 11600 Air Expy, Adelanto, CA 92301 (hereinafter referred to as “Client”).
Site Location(s) : 11600 Air Expy, Adelanto, CA 92301
Primary Contact : Jessie Flores Phone Number: (442) 249-1121 Term Start: 4/1/2026 Term End: 3/31/2029
This Quote is governed under the provisions of the Master Services Agreement located at https://www.4datanet.com/masteragreement (“MSA”).
This Quote is further defined by the conditions and provisions of the services guide located at https://www.4datanet.com/serviceguide (“Services Guide”). The MSA and Services Guide contain important provisions related to the Services (including payment and auto-renewal terms).
By agreeing to this Quote, you agree to the provisions of the MSA and the Services Guide. If you cannot access the MSA or Services Guide, or if you have any questions about those documents, then please do not sign this Quote and contact us for further information.
MSP Agreement Signature
This MSPA consists of a cover page, Managed Services Plan Agreement, Managed Services Plan Details, Managed Services Plan Exceptions, Managed Services Pricing and this signature page. Any additions or changes to this Agreement must be in writing signed and dated by both parties.
EACH PARTY REPRESENTS AND WARRANTS THAT IT HAS READ AND AGREES TO BE BOUND BY THIS MSPA AND IS AUTHORIZED TO EXECUTE THIS MSPA.
Data Net Solutions Group City of Adelanto
By: ____________________________ By: ___________________________ Rob Slaughter Jessie Flores
President City Manager
Date: __________________________ Date: _________________________ 169
Services from Bidder 1 Monthly Cost Annual Cost
Acount Wide
Level 1 Onsite Tech, 40 hours/week $ 15,253.33 $ 183,040.00 Level 2 Support, remote, 20 hours/week $ 9,360.00 $ 112,320.00 Account MGMT Included Included
Project MGMT Included Included
VCIO Included Included
User Device/Server Security
RMM and Endpoints $ 136.00 $ 136.00
SOC $ 500.00 $ 6,000.00
EDR $ 750.00 $ 9,000.00
DNS $ 100.00 $ 3,000.00
No Application Restrictions.
End User Specific
Phishing & Awareness $ 100.00 $ 1,200.00
MFA $ 100.00 $ 1,200.00
Infrastructure & Testing
PM Services by Level 3 engineer Not Mentioned Not mentioned Firewalls x1 $ 50.00 $ 600.00
Switchesx30 $ 450.00 $ 5,400.00
Wireless APx12 $ 120.00 $ 1,440.00
VISON Camera System $ - $ -
IT Security Assessments (Annual) $ 125.00 $ 1,500.00
Website Support $ 2,000.00 $ 24,000.00
App Support $ 2,000.00 $ 24,000.00
Deluxe Government Cybersecurity Suite $ 2,007.38 $ 24,088.56 Discounts
Discounts $ (2,393.00) $ (28,716.00)
Totals $ 367,980.00
Future Planning (options)
170
Services from Bidder 2 Annual Cost
Level 2 onsite Support $ 13,000.00 $ 156,000.00
Level 3 Escalation (6 hours @ 95) $ 2,470.00 $ 29,640.00 Account MGMT Included Included
Project MGMT Included Included
VCIO $ 208.33 $ 2,500.00 $ 15,678.33
Dark Web Monitoring Included included
Device Security
Per Device (80 @ 16.50) $ 1,320.00 $ 15,840.00
Per Server (23 @ 91.50) $ 2,104.50 $ 25,254.00
Offsite Data (14TB) $ 1,260.00 $ 15,120.00
Mobile Devices Included Included
Application Whitelisting Included Included
Per User (71 @ 18.50) $ 1,313.50 $ 15,762.00
Phishing &Security Awareness included included
MFA included included
Email Filtering Included Included
Office365 11 year backup included included
Azure 11 year backup Included Included
Produce8 Productivy Analysis included included
Level 3 Labor (14 hours/month) $ 2,520.00 $ 30,240.00
Firewalls included included
QTR BUDR resting, Included included
WAP MGMT Included Included
Vision Camera System Included included
Monthly Pen Test $ 554.17 $ 6,650.00
Daily Local Backup Included Included
30 days local backup Included Included
30 days offsite, immutable Included Included
Disater Recoverable Services Included Included
Fist Bid is best price -$ $ -
$ 297,006.00
171
· Onsite technician during City business hours
· Assumption: 40 hours per week
· Monthly cost
· Annual cost
· Remote L2/L3 engineering support
· Assumption: approximately 20 hours per week
· Monthly cost
· Annual cost
· Project Manager (as needed)
· Please confirm whether these roles are included or priced separately as well as any additional cost associated.
· Account Manager (as needed)
· Please confirm whether these roles are included or priced separately as well as any additional cost associated.
A3.4 Virtual CIO
· Virtual CIO / Strategic IT Leadership (as needed)
· Please confirm whether these roles are included or priced separately as well as any additional cost associated.
· Annual cost
· Remote Level 1 helpdesk support and ticketing solution · NOC monitoring and alerting
· Please confirm inclusion and any associated monthly cost if separate.
Please provide pricing (or confirm inclusion) for management of the following device counts, consistent with the revised fee proposal structure:
· Workstations: 45
Monthly
Annual
License
· Laptops: 45
Monthly
A2. Level 2 / Level 3 Engineering Support
A1. Level 1 Onsite Resource
B. Infrastructure Management – RMM, Endpoints & Network De A3.1 Project management
A3.2 Account Management
A4. 24x7x365 Helpdesk & NOC
172
Annual
License
· Users: 90
Monthly
Annual
License
· Virtual Machines: 23
Monthly
Annual
License
· Firewalls: 1
Monthly
Annual
License
· Switches: 30
Monthly
Annual
License
· Wireless Access Points: 12
Monthly
Annual
License
C. Cybersecurity Stack
Please confirm which of the following services are included in your base managed services pricing and provide a monthly cost breakout for each, consistent with the revised fee proposal format:
· SOC-managed monitoring
· Endpoint Detection & Response (EDR)
· Multi-Factor Authentication (MFA)
· DNS filtering
· Phishing awareness & training
· IT / cybersecurity assessments
Monthly Penetration testing on external IP's (Assumes 3 ip) Total Annual Cost
Please clearly note what is included vs. excluded and whether licensing is procured directly by the City.
D. Total Managed IT Services Cost Summary
Please provide:
Onsite Support
Devices
Server/network management (including monthly backup tests) Cyber Security/pentration testing
VCIO/VCTO Services
· Base monthly managed IT services cost
173
Request Level 2/3 hours (Consumption based, capped at 20 hour billable) Onsite Support
Devices
Server/network management (including monthly backup tests) Cyber Security/pentration testing
VCIO/VCTO Services
Request Level 2/3 hours (Consumption based, capped at 20 hour billable) · Any applied discounts
· Net monthly cost
· Any one-time onboarding or transition fees (if applicable) · Annual cost
174
level 2 local engineer for daily, onsite support as needed 40 hours at $75/hour (Down from $130/hour)
$ 13,000.00
$ 156,000.00
NOTE: This is billed based on consumption (Capped at 20 hours) $95/hour (Down from $180/hour)
$ 8,233.33
$ 98,800.00
Services are billed as part of project and will presented as quote prior to any financial commitment.
included in project price.
Quarterly busines reivew and customers requests/resolutions are included included
Annual planning and quarterly Alignment review. This behind the scenes 4 hours/quarter, plus 4 hours annually for 20 total
$ 2,500.00
as needed, $75/hour for after hours support requests
included
any after hours or holidays calls are billed T&M.
$ 16.50
$ 8,910.00
MSP Owned
$ 16.50
/ Level 3 Engineering Support
Level 1 Onsite Resource
ment – RMM, Endpoints & Network Devices
1 Project management
Account Management
x7x365 Helpdesk & NOC
175
$ 8,910.00
Owned by MSP
$ 18.50
$ 19,980.00
owned by MSP
$ 361.50
$ 8,314.50
Shared
Included
Included
Owned by City
Inc
inc
owned by city
inc
inc
owned by city
Included in management price
Included in management price
Included in management price
Included in management price
Included in management price
Included in management price
$ 554.17
$ 6,650.00
All license are included as part of the service.
$ 13,000.00
$ 37,800.00
$ 46,139.50
$ 554.17
$ 208.33 $ 97,702.00
nthly managed IT services cost
176
$ 8,233.33 $ 105,935.33
$ 156,000.00
$ 453,600.00
$ 553,674.00
$ 6,650.00
$ 2,500.00 $ 1,172,424.00
$ 98,800.00 $ 1,271,224.00
Approx 10% on recurring subscription, ~45% on hourly rates.
Equal to 1 month services,
· Annual cost
177
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: February 25, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR TRAFFIC SIGNAL AT RANCHO ROAD AND BELLFLOWER STREET; AND FOR BELLFLOWER STREET IMPROVEMENTS STAFF RECOMMENDATION:
Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Minagar & Associates, Inc. in the amount of $289,876.50 for Traffic Signal at Rancho Road and Bellflower Street Improvements; and for Bellflower Street Improvement Design Services, and authorizing the City Manager to sign the agreement on behalf of the City Council.
BACKGROUND:
City of Adelanto received and accepted a grant in the amount of $1,933,020 from California Department of Transportation under Highway Safety Improvement program (HSIP) Cycle 12 to do two projects:
• To install traffic signal at the intersection of Rancho Road and Bellflower Street, in the amount of $882,000
• To improve Bellflower Street between Cactus Road and Rancho Road, in the amount of $1,051,020
First phase of the project is to prepare environmental documents, plans and specifications to receive construction bids.
DISCUSSION:
On September 23, 2025, a Request for Proposals (RFP) to prepare environmental documents, plans and specifications was released and made publicly available on the electronic plan room and City’s website.
On October 30,2025, three (3) proposals were received from the following firms:
No. Firm Location
1 Minegar & Associates, Inc. Laguna Hills
2 David Evans and Associates, Inc. Apple Valley
3 Diversified Project Services International (DPSI) Long Beach The proposals were reviewed by a panel of staff members using the City’s standards and interviews were conducted. It was determined that the proposal submitted by Minegar & Associates, Inc. met the City requirements. Minegar & Associates, Inc. has an extensive experience and successfully completed similar projects for numerous cities Statewide. The staff determined that Minegar & Associates, Inc. demonstrated the capability to provide design services for Traffic Signal at Rancho Road and Bellflower 178
Street Improvements Projects.
Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Minagar & Associates, Inc. in the amount of $289,876.50 for Traffic Signal at Rancho Road and Bellflower Street Improvements; and for Bellflower Street Improvement Design Services, and authorizing the City Manager to sign the agreement on behalf of the City Council.
FISCAL IMPACT:
There is no impact on General Fund as this project is funded by Highway Safety Improvement Program (HSIP) Grant Cycle 12
AttachmentA. Professional Service Agreement with Minegar & Associates, Inc B. Location Map
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CITY OF ADELANTO
PROFESSIONAL SERVICES AGREEMENT
HSIP- Traffic Signal at Rancho Road and Bellflower Street & HSIP- Bellflower Street Safety Improvements
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ___25___ day of ___February___, 2026 (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Minagar & Associates, Inc., a Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on February 25, 2026 and shall end on February 24, 2027 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUDRED AND
EIGHTY NINE THOUSAND, EIGHT HUNDRED AND SEVENTY SIX DOLLARS AND FIFTY CENTS ($289,876.50) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
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Invoices shall be submitted to:
City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. 182
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SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
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(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:
«Contract_Title». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded 185
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to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
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SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. 187
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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. 188
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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. 189
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the 190
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 191
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in San Bernardino County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing 193
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Fred Minagar (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Jessie Flores, City Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Minagar & Associates, Inc.
Attn: Fred Minagar
23282 Mill Creek Drive, East Tower, Suite 120
Laguna Hills, CA 92653
Any written notice to City shall be sent to the Contract Administrator at:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Jessie Flores, City Manager
with a copy to:
City Clerk
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of 195
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF ADELANTO
Jessie Flores, City Manager
Attest:
Brenda Lopez, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT
«Consultant_Signature_1»
«Consultant_Signature_2»
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include HSIP- Traffic Signal at Rancho Road and Bellflower Street & HSIP- Bellflower Street Safety Improvements services in the amount not to exceed TWO
HUDRED AND EIGHTY NINE THOUSAND, EIGHT HUNDRED AND SEVENTY SIX DOLLARS AND FIFTY CENTS ($289,876.50) as further detailed in the following page(s).
Scope of work is attached
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.
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Attachment ‘D’
Location Map
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Traffic Signal at Rancho Road and Bellflower Street
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Bellflower Street Safety Improvements
202
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CITY COUNCIL AGENDA REPORT
DATE: February 25, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
SUBJECT: AN ORDINANCE OF THE CITY OF ADELANTO PERTAINING TO THE MAINTENANCE OF
VACANT LAND OR PROPERTY
RECOMMENDATION:
Staff recommends:
1. City Council introduce and conduct the first reading of Ordinance No. XXX to approve AN
ORDINANCE OF THE CITY OF ADELANTO PERTAINING TO THE MAINTENANCE OF VACANT LAND OR PROPERTY.
2. City Council schedule the second reading of Ordinance No. XXX for the next regularly scheduled Council meeting.
BACKGROUND:
Vacant land and property left unmaintained creates public nuisances including blight, accumulation of trash and debris, fire hazards, vermin infestation, vandalism, and adverse impacts on property values and public health. Such conditions negatively impact surrounding neighborhoods and impose direct and indirect costs on the City, including inspection, enforcement, administrative processing, monitoring, and increased public safety response. The purpose of this Ordinance is to protect the public health, safety, and welfare of the residents of the City by ensuring that vacant land and properties are properly maintained and do not create nuisance conditions that contribute to blight, fire hazards, illegal dumping, criminal activity, or deterioration of surrounding neighborhoods.
The Ordinance adds Chapter 8.32 to the Adelanto Municipal Code and makes it a violation to have Vacant Land or Property in a Vacant Land Nuisance Condition. “Vacant Land or Property” means any parcel of land, lot, or structure not lawfully occupied by a resident, business, or authorized use, and which shows visible signs of neglect, debris accumulation, overgrown weeds, or other violations of the City’s property maintenance standards. “Vacant Land Nuisance Condition” means any condition on vacant land or property, including but not limited to excessive weeds, accumulation of trash or debris, graffiti, hazardous structures, or other violations that constitute a public nuisance under the City of Adelanto Municipal Code or the law of the State of California.
Upon discovery of a vacant property that is not being maintained, the City initially would send a Notice of Violation which gives 14 days to fix the improper maintenance. The property owner has the right to appeal the determination to the City Council. Furthermore, the time period for compliance can be extended for good cause based on a hardship condition of the property owner. 204
If the condition is not fixed within the required time period, the City may pursue any and all available legal remedies, including administrative fines in the amount of $100 for the first violation, $200 for the second violation, $500 for the third violation, and $1,000 for the fourth and subsequent violations.
FISCAL IMPACT:
Enforcement of the ordinance would be by current City code enforcement staff, but there will be enforcement related costs to implement the ordinance. Administrative citations, when and if paid, and other cost recovery mechanisms could potentially offset enforcement costs.
ATTACHMENTS:
Ordinance No. XXX
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ORDINANCE NO. 661
AN ORDINANCE OF THE CITY OF ADELANTO
PERTAINING TO THE MAINTENANCE OF VACANT LAND
OR PROPERTY
WHEREAS, the City Council of the City of Adelanto (“City”) finds that vacant land and property left unmaintained creates public nuisances including blight, accumulation of trash and debris, fire hazards, vermin infestation, vandalism, and adverse impacts on property values and public health; and
WHEREAS, such conditions negatively impact surrounding neighborhoods and impose direct and indirect costs on the City, including inspection, enforcement, administrative processing, monitoring, and increased public safety response; and WHEREAS, the City has the police power under Article XI, Section 7 of the California Constitution to regulate land use and abate nuisances to protect the public health, safety, and welfare; and
WHEREAS, Government Code (“Gov. Code”) § 53069.4 expressly authorizes cities to impose administrative penalties for municipal code violations as an alternative to criminal enforcement; and
WHEREAS, the purpose of this Ordinance is to protect the public health, safety, and welfare of the residents of the City by ensuring that vacant land and properties are properly maintained and do not create nuisance conditions that contribute to blight, fire hazards, illegal dumping, criminal activity, or deterioration of surrounding neighborhoods; and
WHEREAS, the City Council further finds that the purpose of this Ordinance is to promote compliance and mitigate harm, not to generate revenue, and that penalties are imposed only after notice and an opportunity to cure; and WHEREAS, the City Council finds that property owners are afforded due process protections, including written notice, reasonable time to correct violations, hardship relief, and the right to appeal any administrative determination.
THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The foregoing recitals are true and correct and incorporated herein as findings of the City Council, as if set forth in full.
SECTION 2: Chapter 8.32 is hereby added to the Adelanto Municipal Code to read in its entirety as follows:
Chapter 8.32 Maintenance of Vacant Land or Property
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§ 8.32.010 Definitions.
A. “Vacant Land or Property” means any parcel of land, lot, or structure not lawfully occupied by a resident, business, or authorized use, and which shows visible signs of neglect, debris accumulation, overgrown weeds, or other violations of the City’s property maintenance standards.
B. “Owner” means the person or entity listed as the owner of record of the Vacant Land or Property with the San Bernardino County Tax Assessor.
C. “Vacant Land Nuisance Condition” means any condition on vacant land or property, including but not limited to excessive weeds, accumulation of trash or debris, graffiti, hazardous structures, or other violations that constitute a public nuisance under the City of Adelanto Municipal Code or the law of the State of California.
D. “Administrative Penalty” means a fine or penalty imposed through an administrative enforcement process pursuant to California Government Code § 53069.4.
§ 8.32.020 Vacant Land or Property Violation
Vacant Land or Property shall not be in a Vacant Land Nuisance Condition. § 8.32.030 Vacant Land or Property - Notice of Violation.
A. Upon determination by the City that a property is in a Vacant Land Nuisance Condition, in violation of City maintenance standards, or constitutes a nuisance condition, the City shall issue a written Notice of Violation (“Notice”) by certified mail to the address listed for the Owner with the San Bernardino County Tax Assessor.
B. The Notice shall specify the violation, corrective action required, and shall provide the Owner with fourteen (14) calendar days from the date the letter is mailed to correct the violation.
C. If the violation is not corrected within the fourteen (14) calendar days of the mailing of the Notice, the City may pursue any and all remedies for a violation of the Adelanto Municipal Code including but not limited to an Administrative Penalty pursuant to Government Code § 53069.4 and Adelanto Municipal Code § 1.20.060.
D. Each day that the Vacant Land or Property remains in a Vacant Land Nuisance Condition after the expiration of the time period to correct the violation in the Notice of Violation shall constitute a separate offense. § 8.32.040 Vacant Land or Property - Hardship Waiver.
A. An Owner may apply in writing for a Hardship Waiver within fourteen (14) calendar days of the mailing of a Notice of Violation.
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B. Grounds for good cause of a waiver may include serious illness or disability, active military deployment, or demonstrated financial hardship.
C. The City Manager or designee may grant a temporary extension of a compliance deadline not to exceed thirty (30) business days upon a showing of good cause.
D. Any extension of a compliance deadline beyond thirty (30) business days must be approved by the City Council.
E. No extension of a compliance deadline shall exceed ninety (90) days in total, and reasonable conditions may be imposed.
§ 8.32.050 Vacant Land or Property Violation – Appeals.
A. Any owner receiving a Notice of Violation may request a hearing before the City Council within ten (10) calendar days of the Notice of Violation.
B. The City Council shall serve as the impartial hearing body, and its decision shall constitute the City’s final administrative action. § 8.32.060 Vacant Land or Property Violation – Additional Remedies.
Notwithstanding the foregoing, the City is also authorized to pursue any and all other enforcement procedures provided for by this Code and any procedures or remedies provided for under the laws of the State of California including but not limited to the imposition of liens and subsequent foreclosure on the Vacant Land or Property.
SECTION 3: Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.
SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance.
SECTION 5: Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the adoption of this Ordinance does not constitute a “project” as that term is defined in CEQA because it will not cause a direct physical change in the environment, nor will it cause a reasonably foreseeable indirect physical change in the environment.
Separately and additionally, the adoption of this Ordinance is categorically exempt from the CEQA pursuant to Title 14 California Code of Regulations Sections 15061 (b)(3) and 15378, in that it can be seen with certainty that the adoption of the Ordinance does not propose an activity that might have a significant effect on the environment, and further, it will not cause a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Moreover, there are no unusual circumstances that are associated with the adoption of this Ordinance, and thus it is not subject to the unusual circumstances exception set forth in Title 14 California 208
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Code of Regulations Section 15300.2. Finally, the preparation and adoption of the Local Coastal Program Amendment is statutorily exempt from the California Environmental Quality Act, pursuant to Section 21080.9 of the Public Resources Code.
SECTION 6: This ordinance shall take effect 30 days following its adoption by a majority vote of the City Council.
PASSED, APPROVED AND ADOPTED THIS _____ DAY ________, 2026. ____________________________________
Gabriel Reyes, Mayor of the City of Adelanto
____________________________________
Brenda Lopez, 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. 661 was duly introduced for the first reading on the ___day of ______, 2026 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this __________day of _________, 2026, 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 ___th day of ___________, 2026. ___________________________________
Brenda Lopez, City Clerk
SEAL
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