Agenda — Adelanto City Council, May 27, 2026

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
MAY 27, 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
Closed Session: 10:00 a.m.

Open Session: 11:00 a.m.

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

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

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
May 27, 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
May 27, 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 ________

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

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

1. CONFERENCE WITH LABOR NEGOTIATORS – PURSUANT TO GOVERNMENT CODE § 54957.6.

City Designated Representatives: Jessie Flores, City Manager Ed Raya – HR Consultant

Employee Organization: Teamsters Local 911 (General Employees)

2. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

City designated representative(s): Jessie Flores, City Manager Ed Raya – HR Consultant

Organization: Confidential/Professional Employees Group A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
May 27, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

3. CONFERENCE WITH LABOR NEGOTIATORS- PURSUANT TO GOVERNMENT CODE § 54957.6.

City designated representative(s): Jessie Flores, City Manager Ed Raya – HR Consultant

Organization: City Management Employees Group

4. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (d)(4) (one potential matter).

5. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(d)(2): (2 cases)
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
PUBLIC COMMENT: OPEN: ___________ CLOSED:____________
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION_________________ 4 REGULAR MEETING
May 27, 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: ______________________
H. CLOSED SESSION REPORT

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

J. APPROVAL OF AGENDA
M__________________S__________________ACTION___________ K. CITY MANAGERS ANNOUNCEMENTS AND REPORT
L. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
M. PRESENTATIONS
G. CALL TO ORDER—REGULAR MEETING
I. DELETIONS/ADDITIONS TO AGENDA
5 REGULAR MEETING
May 27, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us N. 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
O. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Approval of Meeting Minutes- March 11, 2026- Regular Meeting April 8, 2026- Regular Meeting

3. 2
nd Reading of Ordinance 664 entitled:

ORDINANCE NO. 664

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO

APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF ADELANTO

AND HIDALGO ENERGY STORAGE LLC FOR DEVELOPMENT OF THE

PROPERTY LOCATED AT THE NORTHEAST CORNER OF RACCOON ROAD AND HOLLY ROAD, ASSESSOR’S PARCEL NUMBER 3128-081-01-0000

4. Approval of Amendment No. 31 to the agreement with the County of San Bernardino for the Sheriff’s Department to provide City law enforcement services for Fiscal Year 2026-2027 in the amount of $8,806,503.00 and authorize the City Manager to execute the amendment. 6 REGULAR MEETING
May 27, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

5. Adoption of Resolution No. 26-11 calling and giving notice of the holding of a general municipal election for certain officers, requesting consolidation of such election with the county of San Bernardino, adopting regulations for candidates for elective office regarding candidate statements, and providing for the determination of the votes.

RESOLUTION NO. 26-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS; (2) REQUESTING CONSOLIDATION OF SUCH ELECTION

WITH THE COUNTY OF SAN BERNARDINO WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3) REQUESTING THE COUNTY OF SAN BERNARDINO TO

PROVIDE SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH ELECTION; (4) ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE FOR SUCH ELECTION REGARDING CANDIDATE STATEMENTS; AND (5)

PROVIDING FOR THE DETERMINATION OF TIE VOTES BY LOT

6. Acceptance of Parcel Map No. 20607 Auburn Travel Centers, LLC, is proposing a subdivision of its property located at the southeast corner of Auburn Avenue and Highway 395.

7. Approval of Warrant Demand Schedule 25/26-11-02
a. City of Adelanto Check Warrant No. 151859 through 151908 in total amount of $155,759.06.
b. City of Adelanto EFT No. 4258 through 4258 and 5413 through 5505 in total amount of $992,161.06.

M__________________S__________________ACTION________________ P. NEW BUSINESS
OPEN: CLOSED

1. ADOPTION OF RESOLUTION 26-10 ESTABLISHING A POLICY FOR DISRUPTION OF REMOTE PARTICIPATION DURING CITY COUNCIL MEETINGS. (TODD) RESOLUTION NO. 26-10

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

CALIFORNIA, ESTABLISHING A POLICY FOR DISRUPTION OF REMOTE

PARTICIPATION DURING CITY COUNCIL MEETINGS IN ACCORDANCE WITH THE RALPH M. BROWN ACT AND SENATE BILL 707
7 REGULAR MEETING
May 27, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RECOMMENDATION: Staff recommends that the City Council adopt a Resolution establishing a policy addressing disruptions to remote participation during City Council meetings in compliance with the Ralph M. Brown Act and Senate Bill 707.

M__________________S__________________ACTION_________________ OPEN: CLOSED

2. FIREWORKS REPORT OF ORGANIZATIONS POTENTIALLY ELEIGBLE FOR A FIREWORK STAND. (CHRISTIAN)
RECOMMENDATION: Request that the City Council approve and determine eligibility for organizations potentially eligible for a fireworks stand.

M__________________S__________________ACTION_________________ OPEN: CLOSED

3. PROFESSIONAL SERVICE AGREEMENT FOR THE SOLAR-POWERED SMART LIGHTING POLE SYSTEMS. (SABA)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Technology Pros Consulting, Inc. in the amount of $525,000, for the Citywide installation of Solar-Powered Smart Lighting Pole Systems and authorizing the City Manager to sign the agreement on behalf of the City Council.

M__________________S__________________ACTION_________________ OPEN: CLOSED

4. PROFESSIONAL SERVICE AGREEMENT FOR THE INSTALLATION OF ARTIFICIAL TURF AT FOOTBALL FIELD AT MARCONI PARK. (SABA)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Blue Builders, Inc., in the amount of $400,000 for the installation of artificial turf at football field at Marconi Park.

M__________________S__________________ACTION______________ 8 REGULAR MEETING
May 27, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us OPEN: CLOSED

5. DISCUSSION AND DIRECTION ON CITY EVENTS. (MAYOR PRO TEM RAMOS) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.

M__________________S__________________ACTION______________ OPEN: CLOSED

5. DONATION TO THE HEAT. (MAYOR)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.

M__________________S__________________ACTION______________ OPEN: CLOSED

6. DISCUSSION ON EXPANSION OF BROADBAND SERVICES TO CITY PARKS. (MAYOR) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.

M__________________S__________________ACTION______________ Q. ITEMS REMOVED FROM THE CONSENT CALENDAR
R. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner. 9 REGULAR MEETING
May 27, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us S. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

T. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 10, 2026, at 11:00 a.m.

TIME OUT: ______________
M__________________S__________________ACTION____________________

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

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON MAY 21, 2026, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
U. DECLARATION OF POSTING
10 REGULAR MEETING
May 27, 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 11 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
MAY 27, 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
Closed Session- 10:00 a.m.

Open Session – 11:00 a.m.

Dated: May 21, 2026 Brenda Lopez, City Clerk, CMC
12 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
March 11, 2026
A. CALL TO ORDER - REGULAR MEETING
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday, March 11, 2026, via teleconference 1-669-900-6833 - conference code 931 4644 4676 - Passcode 7601 of the Governmental Center located at 11600 Air Expressway, Adelanto, California.

Mayor Reyes called to order the regular session meeting at 11:02 a.m.

City Clerk Lopez conducted roll call.

Present:
• Council Member Stevevonna Evans
• Council Member Angelo Meza
• Council Member Amanda Uptergrove
• Mayor Gabriel Reyes

Absent:
• Mayor Pro Tem Ramos
Motion by Mayor Reyes seconded by Council Member Meza to excuse Mayor Pro Tem Ramos Absence
Motion carried 4-1 (Evans, Uptergrove, Meza and Mayor Reyes voted yes, Mayor Pro Tem Ramos Absent).

Invocation: Council Member Meza
Flag Salute: Mayor Reyes
B. DELETIONS / ADDITIONS TO AGENDA
None.
13 City Council Minutes
Regular Meeting
March 11, 2026
2 C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to approve the agenda.

Motion carried 4-1 (Meza, Evans, Uptergrove, and Mayor Reyes voted yes, Mayor Pro Tem Ramos Absent).

D. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores- Reported strong progress across multiple priority areas, including completing both the Adelanto Public Utility Authority audit and the City’s financial audit, leaving only one remaining to be fully current while reinforcing transparency and accountability. Capital improvement efforts are advancing with the Seneca Road Rehabilitation Project rebid at significant savings using Measure I funds, along with plans to rebid a park construction project for further cost efficiency. The City is also making ongoing upgrades to water and wastewater systems, with upcoming Water and Wastewater Master Plan presentations aimed at securing future grants and infrastructure funding. Community engagement continues through events like a pet vaccination clinic and an upcoming dump day, while facility improvements are underway with the Council Chambers renovation expected to be completed by late April or early May.

E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans- Attended a homelessness summit focused on youth, highlighting new housing funding opportunities for individuals with substance use disorders, the importance of listening to community needs, and the value of youth-focused prevention strategies. He also announced plans to attend an upcoming Youth Empowerment Summit.

Council Member Uptergrove- Attended Medical Mobile Ministry soft launch, which provided youth sports physicals, and attending a Behavioral Health Commission meeting. He promoted ongoing mental health meetings and services, as well as a community clothing drive focused on supporting seniors and veterans, while emphasizing the importance of strong community partnerships and outreach efforts.

Council Member Meza- Reported coordinating a training exercise with the Fire Department to strengthen emergency preparedness collaboration. He also promoted upcoming community initiatives, including an animal vaccination clinic and a Little League Opening Day event, while highlighting continued efforts to address potholes and improve local infrastructure. 14 City Council Minutes
Regular Meeting
March 11, 2026
3 Mayor Reyes – Attended the regional and state-level meetings, including an energy summit focused on regional power needs and discussions on transportation and funding. Key points included significant energy demand challenges in the region, the need for greater legislative support and infrastructure investment, and the importance of regional partnerships and funding sources such as Measure I and SCAG, while also expressing strong support for Mayor Pro Tem Ramos’ regional leadership efforts.

F. PRESENTATIONS
None
G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:23 a.m.

No Public Comments
Mayor Reyes closed public comment at p.m. 11:23 a.m.

H. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

2. Approval of meeting minutes: October 25, 2025 – Regular Meeting February 11, 2026- Regular Meeting

3. Approval of Resolution No 26-05 and the Joint Powers Agreement (JPA) to Participate in the San Bernardino Regional Housing Trust.

RESOLUTION NO. 26-05

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

COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING, AUTHORIZING,

AND DIRECTING EXECUTION OF THE JOINT EXERCISE OF POWERS

AGREEMENT RELATING TO MEMBERSHIP IN THE SAN BERNARDINO

REGIONAL HOUSING TRUST
15 City Council Minutes
Regular Meeting
March 11, 2026
4 4. Receive and file the Commercial and Residential Monthly Report.

5. Receive and file the Fire Department Monthly Report January 2026.

6. Receive and file the Sheriff’s Department Monthly Report February 2026.

7. Rejection of bids received for the Bellflower Park Project.

8. Receive and file of the Cannabis Compliance Report.

9. Approval of Warrant Demand Schedule 25/26-09-01
a. City of Adelanto Check Warrant No. 151714 through 151729 in total amount of $58,646.45
b. City of Adelanto EFT No. 4247 through 4248 and 5025 through 5086 in total amount of $2,246,750.44.

MOTION: Moved by Mayor Reyes seconded Council Member Meza to approve the consent as presented.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent, Evans voting no on item #8)
I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

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

2. Approval of Water Department Report.

3. Receive and file the Adelanto Public Utility Authority (APUA) Annual Financial Report for Fiscal Year Ending June 30, 2024.

MOTION: Moved by Mayor Reyes seconded Council Member Meza to approve the APUA consent calendar as presented.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent, Evans voting no on item #2)
16 City Council Minutes
Regular Meeting
March 11, 2026
5 J. PUBLIC HEARING

1. ADOPTION OF ORDINANCE NO. 660, WHICH PROPOSES AMENDMENTS TO THE

ADELANTO ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY DWELLING

UNIT (JADU) REGULATIONS TO ENSURE CONSISTENCY WITH THE APPLICABLE GOVERNMENT CODE SECTIONS AS OUTLINED BELOW: (JIM/NYEKA) ORDINANCE 660 – ORDINANCE TO AMEND SECTION 17.20.080 ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO ESTABLISH THE REGULATIONS

AND PROCEDURES FOR THE REVIEW OF ACCESSORY DWELLING UNITS (ADUS) AND

JUNIOR ACCESSORY DWELLING UNITS (JADUS), IN CONFORMANCE WITH THE CALIFORNIA GOVERNMENT CODE (GOV. CODE) TITLE 7, DIVISION 1, CHAPTER 13, ACCESSORY DWELLING UNITS.

RECOMMENDATION: Staff recommends the City council introduce and conduct the first reading of Ordinance No. 660 adopting the attached Ordinance recommending that the City Council approve Accessory Dwelling Units and Junior Accessory Dwelling Units of Ordinance No. 660 amending Chapter 17.20 (Residential Districts) of Title 17 of the Adelanto Municipal Code, based on the findings.

ORDINANCE NO. 660

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING AND AMENDING SECTION 17.20.080 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF CHAPTER 17.20 (RESIDENTIAL DISTRICTS) OF TITLE 17 (ADELANTO ZONING ORDINANCE) OF THE ADELANTO MUNICIPAL CODE IN

ORDER TO UPDATE THE CITY'S ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS REGULATIONS SO THAT SUCH REGULATIONS ARE CONSISTENT WITH GOVERNMENT CODE SECTION 66326
MOTION: Moved by Mayor Reyes seconded Council Member Meza to approve the Adoption of Ordinance No. 660 and schedule the 2nd reading for April 8, 2026.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent)
17 City Council Minutes
Regular Meeting
March 11, 2026
6 J. NEW BUSINESS
CLERKS NOTE ITEM’S TAKEN OUT OF ORDER TO ALLOW STAFF TO ATTEND THE MEETING.

1. 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.

City Attorney Litfin presented the staff report.

City Council and Staff discussed the item and staff answered all their questions.

Mayor Reyes opened Public Comment at 11:41 a.m
No public comments
Mayor Reyes closed Public Comment at 11:41 a.m.

MOTION: Moved by Council Member Evans seconded Council Member Uptergrove, to approve the first reading of Ordinance No. 661 for the next regularly scheduled Council Meeting.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent)
18 City Council Minutes
Regular Meeting
March 11, 2026
7 2. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HARDY & HARPER FOR

SENECA ROAD REHABILITATION PROJECT (KAVOUS/GARY)
RECOMMENDATION: Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Hardy & Harper in the amount of $2,164.000 for the Seneca Road Rehabilitation Project and authorizing the City Manager to sign the agreement on behalf of the City Council.

Building Official Huang presented the staff report.

City Council and Staff discussed the item, and staff answered all their questions.

Mayor Reyes opened Public Comment at 11:45 a.m.

No public comments
Mayor Reyes closed Public Comment at 11:45 a.m.

MOTION: Moved by Mayor Reyes seconded Council Member Meza to approve the PSA with Hardy & Harper for Seneca Road Rehabilitation Project in the amount of $2,164,000.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent)
K. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

L. FUTURE AGENDA ITEMS
Council Member Evans
• October staff update regarding implementation and effectiveness of the vacant property ordinance.

Mayor Reyes requested the items below.
• Presentation and action regarding legislation sponsored with Assemblymember Juan Carrillo concerning regional power infrastructure needs. • Meeting with staff regarding Measure I transportation funding opportunities. • Exploration of airport and municipal airport enhancements. • Development of vacant property cleanup contractor resource lists 19 City Council Minutes
Regular Meeting
March 11, 2026
8 M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on March 25, 2026, at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 11:52 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza adjourn the meeting.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent)
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
20 1

MINUTES OF THE

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

THE ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
April 8, 2026
A. CALL TO ORDER - REGULAR MEETING
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday, March 11, 2026, via teleconference 1-669-900-6833 - conference code 931 4644 4676 - Passcode 7601 of the Governmental Center located at 11600 Air Expressway, Adelanto, California.

Mayor Reyes called to order the regular session meeting at 11:00 a.m.

City Clerk Lopez conducted roll call.

Present:
• Council Member Stevevonna Evans
• Council Member Angelo Meza
• Council Member Amanda Uptergrove
• Mayor Gabriel Reyes

Absent:
• Mayor Pro Tem Ramos (attending SCAG)
Motion by Mayor Reyes seconded by Council Member Meza to excuse Mayor Pro Tem Ramos Absence
Motion carried 4-1 (Evans, Uptergrove, Meza and Mayor Reyes voted yes, Mayor Pro Tem Ramos Absent).

Invocation: Council Member Uptergrove
Flag Salute: Council Member Meza
21 City Council Minutes
Regular Meeting
April 8, 2026
2 B. DELETIONS / ADDITIONS TO AGENDA
None.

C. APPROVAL OF AGENDA
MOTION: Moved by Council Member Meza seconded by Council Member Uptergrove to approve the agenda.

Motion carried 4-1 (Meza, Evans, Uptergrove, and Mayor Reyes voted yes, Mayor Pro Tem Ramos Absent).

D. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Flores- Provided updates on several major City initiatives and infrastructure projects, including the groundbreaking of the new CarMax Service Center in Adelanto, which will serve as an auction and vehicle reconditioning center supporting national operations and is expected to create jobs within the region. Updates were also provided on the Seneca Road Rehabilitation Project, funded through Measure I with construction anticipated soon and completion expected by May 2026, as well as the Air Expressway Rehabilitation Project, a seven-mile corridor improvement between Highway 395 and Koala Road currently undergoing surveying and soil sampling with construction anticipated to begin in September 2026. Additional updates included progress on the Council Chambers Renovation Project, which is nearing completion and expected to be finished by mid-to-late May 2026, revisions and re-advertisement of bids for the Bellflower Park Project, and upcoming park improvement items related to turf replacement proposals for Marconi Park and Adelanto Stadium expected to return to the City Council for consideration in May 2026.

E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans- Reported on several recent community and professional engagements, including meeting with Encore, a vendor she connected with during the National League of Cities conference in Washington, D.C., and requesting a follow-up meeting with the City Manager to explore potential partnership opportunities for the City. She also participated in a Women in Politics forum hosted by the Alpha Kappa Alpha Sorority, visited Braddock Elementary School and highlighted its importance as a community school serving families throughout the High Desert, and attended the VIP Special Olympics-style event at Adelanto High School, which celebrated and supported students enrolled in special education programs. 22 City Council Minutes
Regular Meeting
April 8, 2026
3 Council Member Uptergrove- Reported on several community events and initiatives, including a visit to Braddock Elementary School where she highlighted student gardening projects, cultural art murals, and plans for a future health center focused on mental health services for students and families. She also recognized the strong level of parent involvement at the school, particularly the participation of fathers during school events. Additionally, Councilmember Uptergrove recognized Harmony Nails and Spa as the City’s Business of the Month and attended the Detour SoCal event at the stadium, which drew approximately 2,000 attendees. She also announced several upcoming community events, including the Green Future Scholarship application deadline on May 9, a free spay and neuter event on April 20, and a tire disposal event scheduled for April 19 at the Public Works Department.

Council Member Meza- Provided several community and regional updates, including announcing the weekly food drive held every Wednesday in Adelanto and attending the Senior Center Easter Sing-Along event. He also reported participating in meetings in Costa Mesa with the California League of Cities Governance, Transparency, Labor, and Relations Board, where pending Senate legislation impacting municipalities was discussed. In addition, Councilmember Mesa attended a regional steering committee meeting that approved funding allocations for organizations serving homeless populations and announced the monthly clothing closet event hosted by New Leaf Ministries, which provides free clothing to local residents.

Mayor Reyes – Reported meeting with representatives from the National Fitness Campaign to discuss potential fitness installations at City parks aimed at expanding recreational and wellness opportunities for residents. He also met with leadership from the Adelanto Elementary School District and the Victor Valley Union High School District to discuss workforce development initiatives and collaborative opportunities designed to benefit local youth through education, career preparation, and community partnerships.

F. PRESENTATIONS
Proclamation – Child Abuse Prevention Month
Mayor Reyes presented a proclamation declaring April as Child Abuse Prevention Month in the City of Adelanto.

Ashley Brookshire, Children's Network Officer for San Bernardino County Children’s Network, addressed the Council and emphasized community involvement in reporting and preventing child abuse.
23 City Council Minutes
Regular Meeting
April 8, 2026
4 G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:31 a.m.

Resident Eugene Lewis addressed the City Council regarding several community concerns, including the need for increased development within the City and ongoing issues with truck drivers parking in residential neighborhoods near Holly, Jonathan, Fremont, and Perryman Streets in the Frontier Homes area. Mr. Lewis requested additional signage prohibiting truck parking in residential zones and also raised concerns regarding roadway maintenance and staffing levels within the Public Works Department.

Mayor Reyes informed the speaker about the City’s My Adelanto mobile application, which allows residents to directly report issues and concerns to the City’s Code Enforcement Division for followup and response.

Mayor Reyes closed public comment at p.m. 11:34 a.m.

H. CONSENT CALENDAR

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

2. Approval of 2
nd Reading of Ordinance 662 entitled:

ORDINANCE NO. 662

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.08 OF

THE ADELANTO MUNICIPAL CODE RELATING TO REMOVE THE BOND

REQUIREMENT FOR THE CITY CLERK AND RENUMBER SUBSEQUENT

SECTIONS

3. Receive and file the Monthly Commercial & Residential Report. 24 City Council Minutes
Regular Meeting
April 8, 2026
5 4. Approval of Resolution 26-06 Adopting a List of Projects and SB1 2026-27 Road Maintenance Program.

RESOLUTION NO. 26-06

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

SAN BERNARDINO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

5. Approval of the General Plan Annual Progress Report for 2025.

6. Approval of Warrant Demand Schedule 25/26-10-01
a. City of Adelanto Check Warrant No. 151743 through 151774 in total amount of $227,922.80.

City of Adelanto EFT No. 4255 through 4255 and 5169 through 5248 in total amount of $1,717,089.98.

MOTION: Moved by Council Member Meza seconded Council Member Uptergrove to approve the consent as presented.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent, Evans voting no on item #’s 2, 4 and 5)
I. NEW BUSINESS

1. APPROVAL OF ORDINANCE 663 AMENDING CHAPTER 5.08 OF THE ADELANTO MUNICIPAL CODE GARAGE AND YARD SALES.

ORDINANCE NO. 663

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 5.08

GARAGE AND YARD SALES OF THE ADELANTO MUNICIPAL CODE TO ALLOW UP TO TWO (2) YARD OR GARAGE SALES PER MONTH AND TO ESTABLISH A TEN DOLLAR ($10.00) PERMIT FEE
25 City Council Minutes
Regular Meeting
April 8, 2026
6 RECOMMENDATION: Staff recommends City Council introduce and conduct the first reading of Ordinance No. 663 to approve an ordinance of the City of Adelanto pertaining to amending chapter 5.08 of the Adelanto Municipal Code (Garage and yard sales). City Council schedules the second reading of Ordinance No. 663 for the next regularly scheduled Council meeting.

City Staff and the Council discussed the item. Council asked that we get the information out on our Social Media, Water Bills and City Newsletters
MOTION: Moved by Mayor Reyes seconded Council Member Meza to approve the first reading of Ordinance 663.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent,)
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

K. FUTURE AGENDA ITEMS
Mayor Reyes requested the items below.
• Mayor Reyes requested future agenda items related to transitional housing and regional collaboration efforts. Specifically, he asked for presentations from a transitional housing program connected through Congressman Obernolte, as well as a presentation from the City of Victorville’s Wellness Center. Mayor Reyes stated that the County expressed support for collaborative efforts between the Cities of Adelanto and Victorville to address transitional housing needs and coordinated homeless service initiatives. 26 City Council Minutes
Regular Meeting
April 8, 2026
7 L. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 22, 2026, at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 11:35 a.m.

MOTION: Moved by Mayor Reyes, seconded by Council Member Meza adjourn the meeting.

Motion carried 4-1 (Evans, Meza, Uptergrove, and Mayor Reyes voted yes Mayor Tem Ramos Absent)
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
27 ORDINANCE NO. 664

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO

APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF

ADELANTO AND HIDALGO ENERGY STORAGE LLC FOR DEVELOPMENT

OF THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF
RACCOON ROAD AND HOLLY ROAD, ASSESSOR’S PARCEL NUMBER 3128- 081-01-0000
WHEREAS, the State Planning and Zoning Law, Govt. Code section 65864 et seq., permits cities to enter agreements for the purpose of providing certainty to the development process and to provide a mechanism by which the City and developers can voluntarily agree to the provision of certain facilities and payments in furtherance of development; and WHEREAS, Hidalgo Energy Storage LLC., which has a legal and equitable interest in the real property more particularly described in Exhibit “A” to the draft agreement attached hereto as Exhibit “A”, desires to enter into such agreement covering such real property in connection with its applications to construct and operate a Battery Energy Storage System (BESS) of up to 400MW including SCE and project substations on 40 acres of land (the “Project”); and WHEREAS, the City of Adelanto, as lead agency, has adopted a Section 15183 Exemption in accordance with the California Environmental Quality Act as a Section 15183 Exemption Checklist has concluded that the project is consistent with the previously approved General Plan EIR SCH# 2014031034; and
WHEREAS, the Environmental Determination reflects the independent judgment of the City Council of the City of Adelanto and is deemed adequate for purposes of making decisions in the merits of the Project; and
WHEREAS, in accordance with State law, on May 13, 2026, for first reading and May 27 , 2026 for second reading, the City Council conducted duly noticed public hearings on the Project, reviewed and considered the Project, comments submitted, information presented by City staff and public testimony regarding the Project.

THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that a public hearing has been held before this City Council pursuant to the procedures described in Government Code section 65867. At the hearing, the City Council has considered testimony presented by the public and the Planning Commission’s consideration of the Agreement between the City of Adelanto and Hidalgo Energy Storage LLC, (“Agreement”). The applicant has testified in writing prior to the meeting and at the meeting that it is in favor of the Agreement.

SECTION 2. The City Council hereby finds that the Agreement between the City of Adelanto and 28 Hidalgo Energy Storage LLC:

A. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan; and
B. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is and will be located, and is consistent with the City’s Zoning Code; and
C. Is in conformity with and will promote public necessity, public convenience, general welfare, and good land use practices; and
D. Will be beneficial to the health, safety, and general welfare; and E. Will not adversely affect the orderly development of property or the preservation of property values; and
F. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.

SECTION 3. The City Council hereby approves the Agreement in the form attached hereto as Exhibit “A”, and incorporates the Agreement herein by this reference. Within ten (10) days after this Ordinance takes effect, the City Council shall execute the Agreement.

SECTION 4. Within ten (10) days after the execution of the Agreement by all parties, the City Clerk is directed to record the Agreement pursuant to the requirements of Government Code section 65868.5.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance.

SECTION 6. ENVIRONMENTAL DETERMINATION: The City Council finds that the proposed Agreement and Project has been adequately addressed in the Section 15183 Exemption which is proposed for adoption, in accordance with the guidelines set forth by the California Environmental Quality Act.

SECTION 7. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption.

SECTION 8. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of Adelanto.

PASSED, APPROVED AND ADOPTED this 27th day of May 2026. 29 ___________________________________
Gabriel Reyes
Mayor of the City of Adelanto
___________________________________
Brenda Lopez
City Clerk
APPROVED AS TO FORM:
____________________________________
City Attorney
30 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 664 was duly introduced for first reading on the 13th day of May , 2026 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 27th day of May 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 27th day of May 2026.
___________________________________
Brenda Lopez
City Clerk
SEAL
31 Exhibit A
Draft Development Agreement
[attached on subsequent pages]
32 539/026150-0059
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50817565.5

RECORDING REQUESTED BY

AND WHEN RECORDED

MAIL TO
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: City Clerk
Space Above This Line for Recorder’s Use
(Exempt from Recording Fee per Gov’t Code § 6103)

DEVELOPMENT AGREEMENT

BY AND BETWEEN
THE
CITY OF ADELANTO (“CITY”)
AND

HIDALGO ENERGY STORAGE LLC,
A DELAWARE CORPORATION (“DEVELOPER”)

ATTACHMENT C
33 539/026150-0059
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DEVELOPMENT AGREEMENT
This Development Agreement (the “Agreement”) is entered into as of the ____ day of ______________, 2026 (“Reference Date”), by and between the CITY OF ADELANTO, a California municipal corporation (the “City”), and HIDALGO ENERGY STORAGE LLC, a Delaware corporation (the “Developer”), with reference to the following:

RECITALS
A. Government Code Sections 65864-65869.5 (the “Development Agreement Act”) authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property.

B. Developer has an option to purchase the 40.43-acre parcel of real property (“Property”) located southeast of Pansy Road and Calendula Road on Assessor Parcel Number 3128-081-01, in the City of Adelanto, San Bernardino County, State of California. The Property is presently undeveloped, is legally described in Exhibit “A” attached hereto, and is the subject of this Agreement. The Property is located with the City’s MI (Manufacturing/Industrial) Zoning District. The Los Angeles Department of Water & Power (“LADWP”) Adelanto Converter Station is located adjacent to the Property to the north.

C. In connection with the execution of this Agreement, the City approved Location and Development Plan (LDP) 24-07 and Conditional Use Permit (CUP) 24-07 subject to the conditions of approval attached hereto (“Conditions of Approval”) (collectively, the “Project Approvals”). The LDP and CUP provide planning and development criteria for a proposed project on the Property (the “Project”). The Project will consist of the development of the Property with a battery energy system (“BESS”) that would deliver and receive power from the existing Southern California Edison (“SCE”) transmission line located directly adjacent to the Property to the west.

The LDP and CUP are collectively known as the “Development Plan”.

D. The City acknowledges that the LDP and CUP are a valuable property right to the Developer and that the LDP and CUP may not be revoked, rescinded or terminated other than in the manner permitted by existing law or under circumstances where the Developer has taken actions or omissions that violate the LDP or CUP or their conditions.

E. Consistent with the state Development Agreement Act, the parties desire to enter into a binding agreement for purposes of granting Developer a vested right to develop the Property according to the Development Plan in exchange for the Developer granting the City certain community benefits.

F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with 34 539/026150-0059
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development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein.

G. The City Council has determined that the Project and this Agreement are consistent with the City’s General Plan, including the goals and objectives thereof.

H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (“CEQA”), and all other requirements for notice, public hearings, findings, votes and other procedural matters.

I. The terms and conditions of this Agreement, including, without limit, the Infrastructure Improvements, have undergone extensive review by Developer, City staff, the City Planning Commission, and the City Council and they each have found the Agreement to be fair, just and reasonable.

J. On XXX, 2026, the City Council adopted its Ordinance No. XXX approving this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:

1.0 GENERAL.

1.1 Term.

The term of this Agreement (the “Term”) shall commence on the Effective Date hereof and shall continue for thirty (30) years unless the term of this Agreement is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. Certain provisions as identified herein or as self-apparently continuing beyond the Term shall continue in full force and effect beyond the term of this Agreement and shall not expire, including but not limited to the requirements to indemnify the Indemnified Parties.

1.2 Effective Date.

This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of XXX, 2026, which is the date that Ordinance No. XXX takes effect (“Effective Date”).

1.3 Amendment or Cancellation.

Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65869.5.
35 539/026150-0059
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1.4 Termination.

Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement.

Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Project Approvals.

1.5 Incorporation of Recitals.

The recitals are hereby incorporated into this Agreement.

2.0 DEVELOPER’S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT.

2.1 Right to Develop.

Subject to the terms, conditions, and covenants of this Agreement, Developer shall have the vested right to complete the Project during the Term in accordance with the Existing Development Regulations (as defined in Section 2.2, below) (“Developer’s Vested Rights”). The Developer’s Vested Rights shall not be changed during the Term of this Agreement except upon mutual written consent of the City and Developer. Developer’s Vested Rights shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; or (b) an uncured material default by one or both of the Parties. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement:
(i) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, “New Laws”), except such New Laws which would in their application to the Project (a) restrict or modify the permitted types of land uses, the density or intensity of use, the maximum height, size, or square footage of the Project, the timing and phasing of development; (b) increase the amount or change the location of the infrastructure required for the Project; (c) impose additional exactions or requirements other than as provided for in the Existing Development Regulations or this Agreement; (d) change design or development standards or the policies or requirements of the Existing Development Regulations; (e) impose a new permit requirement or procedure pertaining to the development of the Project not included within the Existing Development Regulations; (f) increase the cost of development of the Project as those costs existed at the time of the Approval Date; or (g) otherwise preclude or materially impair Developer’s ability to develop according to the Existing Development Regulations or this Agreement, unless such New Laws are applied pursuant to this Agreement, including, but not limited to, Section 2.3; and (ii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any future Property development or entitlement permits, tract or parcel maps, and building permits or other construction related permits. 36 539/026150-0059
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2.2 “Existing Development Regulations” are defined as all Land Use Regulations in effect on the Effective Date. “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of Project, the fees applicable to the development of the Project, the provisions for reservation or dedication of land for public purposes, and the design, improvement, construction, and specifications applicable to the Project. “Land Use Regulations” do not include any City ordinance, resolution, code, rule, regulation or official policy governing:

2.2.1 The conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in City;

2.2.2 Taxes and assessments of general application upon all residents of City;

2.2.3 The control and abatement of nuisances.

2.2.4 The payment of costs, user fees, or similar payments for the provision of services to the Property or the Project.

2.3 Additional Applicable Codes and Regulations.

Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project:

2.3.1 Changes in Building and Fire Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes which may occur from time to time in the California Building Standards and Fire Codes, as such Codes are adopted by the City.

2.3.2 Changes Mandated by Federal or State Law. This Agreement shall not preclude the application, changes in, or additions to state and federal laws and regulations to development of the Project. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

3.0 DEVELOPER’S OBLIGATIONS.

3.1 Indemnification.

Developer agrees to and shall indemnify, hold harmless, and defend, the City and the Adelanto Public Utility Authority (“APUA”) and their respective officers, officials, members, agents, employees, attorneys, and representatives (collectively, the “Indemnified Parties”) from any challenge to the approval or validity of this Agreement or to the City’s implementation of its rights under this Agreement except to the extent that the liability or claims arise from the Indemnified Parties’ negligence, misconduct, breach of this Agreement, or violation of or noncompliance with any applicable law. The Developer shall indemnify, hold harmless, pay all costs 37 539/026150-0059
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and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City.

3.2 Development Impact Fees.

Notwithstanding anything herein or in Existing Development Regulations to the contrary, the Development Impact Fees for the Project for the Circulation Impact Fee, Fire Impact Fee, and Drainage Impact Fee shall be as follows:
• Circulation Impact Fee: $937,000.00
• Fire Impact Fee: $49,487.00
• Drainage Impact Fee: $659,000.00

3.3 Developer’s Obligation To Commence Operations.

In order that the Property be put to a useful purpose and not remain vacant, Developer shall make all reasonable efforts to apply for building permits for the Project, or any initial phase thereof, as soon as is possible from the Effective Date, with the acknowledgement that to proceed, the Project requires negotiation of a commercial contract and CAISO action.

The Parties understand that the Project may be constructed in phases.

Nothing within this Agreement impacts or supersedes Developer’s requirement to comply with the Development Plan and Conditions of Approval.

3.4 Sales and Use Taxes.

Developer shall make reasonable efforts that any sales or use tax incurred due to the initial and future development and construction on the Property of the Project shall be determined to be from a point of sale in the City and allocated to the City. The Developer shall reasonably work with the City to determine how the receipt of sales and use taxes related to the construction and development of the Project will be maximized for the City. This process may include, if commercially reasonable and compliant with any relevant regulations and laws, but is not limited to, the following: Developer obtaining a street address within the City for acquisition, purchasing, and billing purposes; Developer registering this address with the State Board of Equalization; Developer using this address for acquisition, purchasing, and billing purposes associated with the Project; and Developer allowing City to use this sales tax information publicly for reporting purposes. This obligation continues in full force and effect beyond the expiration date of the Agreement.

Developer shall also make reasonable efforts to cooperate with the City to facilitate any sales or use tax generated from the future sale of items or energy from the Project determined to be from a point of sale in the City and allocated to the City. The Developer shall reasonably work with the City to determine how the receipt of sales and use taxes related to the sale of items from or stored at the Project will be maximized for the City. This process may include, if commercially reasonable and compliant with any relevant regulations and laws, but is not limited to, the following: Developer obtaining a street address within the City for acquisition, purchasing, and 38 539/026150-0059
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billing purposes; Developer registering this address with the State Board of Equalization; Developer using this address for acquisition, purchasing, and billing purposes associated with the Project; Developer using this address for acquisition, purchasing, and billing purposes associated with the Project; and Developer allowing City to use this sales tax information publicly for reporting purposes. This obligation continues in full force and effect beyond the expiration date of the Agreement.

3.5 Developer’s Payment of a Community Benefit Payment.

Developer shall pay to the City a Community Benefit Payment in the amount of One Million Dollars ($1,000,000.00). One half of the Community Benefit Payment, Five Hundred Thousand Dollars ($500,000.00), shall be due and payable within 120 days of the issuance of the first building permits for any portion of the Project or two years from the Effective Date of this Agreement, whichever is soonest. The second half of the Community Benefit Payment, Five Hundred Thousand Dollars ($500,000.00), shall be due and payable within ninety (90) days after the Commercial Operation Date (defined below) for any portion of the Project. The payments of the Community Benefit Payment are non-refundable once paid. The Community Benefit Payment may be used by the City for police and other emergency related services. The Community Benefit Payment does not replace and is not in lieu of any other required fees, taxes, or payments by the Developer but is a separate and independent payment of the Developer in consideration of the benefits received in this Agreement. As used herein, “Commercial Operation Date” means the date on which the Project has successfully completed all required testing and commissioning procedures, is capable of generating and delivering electricity in accordance with applicable regulatory and contractual requirements, and has been declared by Developer to be commercially operational.

3.6 Additional Payment To City And Reimbursement of City Costs.

In addition to the Community Benefit Payment, Developer shall pay to the City One Hundred Thousand Dollars ($100,000.00) within 60 days of the Effective Date.

3.7 Decommissioning of Project
Developer shall comply with all requirements pertaining to the decommissioning of the Project as contained in the Development Plan and Conditions of Approval.

4.0 CITY’S OBLIGATIONS & ACKNOWLEDGEMENTS.

4.1 Project Approvals Independent.

All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement (other than Section 3.1) to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason other than Developer’s default, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements, except that in the event that the payment of the Community Benefit Payment is successfully challenged 39 539/026150-0059
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and set aside then this this Agreement and any entitlements relating to the Property, including without limit the Development Plan, shall be deemed null and void and of no force or effect whatsoever.

4.2 Review for Compliance.

This Agreement shall require periodic review (every 12 months) as required by state law pursuant to Government Code section 65865.1.

5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION.

5.1 Notice of Default.

5.2 In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non-defaulting party shall have those rights and remedies provided herein, provided that such non-defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured.

Cure of Default.

Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than thirty (30) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, such party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion.

5.3 Remedies.

The Parties acknowledge that, except as provided in this Agreement, money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. The remedy of specific performance or, in the alternative, a writ of mandate, shall be the sole and exclusive remedy available to either Party in the event of the default or alleged default by the other. The limitations on the remedy of damages in this Agreement shall not prevent City from enforcing Developer’s monetary obligations hereunder.

Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Agreement, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the Development Agreement Act.

6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.

6.1 Encumbrances on the Project Property.

This Agreement shall not prevent or limit the Developer from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a portion thereof 40 539/026150-0059
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or interest therein, is pledged as security, and contracted for in good faith and fair value (a “Mortgage”) securing financing with respect to the construction, development, use or operation of the Project.

6.2 Mortgage Protection.

No breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a “Mortgagee”) whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise shall be subject to all of the terms and conditions of this Agreement.

6.3 Mortgagee Not Obligated.

No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, however, to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City’s performance hereunder.

6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.

City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within sixty (60) days after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within sixty (60) days, the Mortgagee shall commence to cure, correct, or remedy the default within such sixty (60) day period, and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Property, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than sixty (60) days after obtaining possession to commence such cure. If any such default cannot, with diligence, be remedied or cured within such sixty (60) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such sixty (60) day period, and thereafter diligently pursues and completes such cure.

7.0 TRANSFERS OF INTEREST IN PROPERTY OR AGREEMENT.

7.1 Successors and Assigns.

Developer shall have the right to sell, transfer or assign the Property, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale or transfer shall include, with respect to the Property or the portion thereof sold or transferred, the assignment and assumption, in a fully 41 539/026150-0059
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executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Property or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided:
(a) Developer no longer has any legal or equitable interest in the Property or the portion thereof sold or transferred, as applicable;
(b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and
(c) Developer has submitted an executed assignment and assumption agreement in a form and content reasonably acceptable and approved by the City prior to entering such assignment.

8.0 MISCELLANEOUS.

8.1 Notices.

All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, (ii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery or (iii) by electronic mail (email), and shall be deemed communicated as of personal delivery, mailing or email verification of delivery. Notices shall be sent to the following addresses or to such other address as any party may from time to time designate in writing in the manner as provided herein:

To City: City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: City Clerk
Email: [email protected]
With a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attn: Todd Litfin
Email: [email protected]
To Developer: Hidalgo Energy Storage LLC
1108 Lavaca St, Ste 110-349
Austin, TX 78701
Attn: Legal
Email: [email protected]
Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 42 539/026150-0059
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8.2 Force Majeure.

In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. The City and the Developer may also extend times of performance under this Agreement in writing.

8.3 Binding Effect.

This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Property.

8.4 Independent Entity.

The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect.

8.5 Agreement Not to Benefit Third Parties.

This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement.

8.6 Covenants.

The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Property for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement.

8.7 Nonliability of City Officers and Employees.

No official, officer, employee, agent, attorney or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, 43 539/026150-0059
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costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City.

8.8 Covenant Against Discrimination.

Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.).

8.9 Amendment of Agreement.

This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of Government Code Sections 65867 and 65868.

8.10 No Waiver.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof.

8.11 Cooperation in Carrying Out Agreement.

Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

8.12 Estoppel Certificate.

Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager is authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 44 539/026150-0059
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8.13 Construction.

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 that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa.

8.14 Recordation.

This Agreement shall be recorded with the County Recorder of San Bernardino County at Developer’s cost, if any, within the period required by Government Code Section 65868.5.

Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

8.15 Captions and References.

The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement.

8.16 Time.

Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element.

8.17 Recitals & Exhibits Incorporated; Entire Agreement.

The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof.

8.18 Exhibits.

Exhibit “A” (Legal Description of Property) to which reference is made in this Agreement is deemed incorporated herein in its entirety.

8.19 Counterpart Signature Pages.

For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement.
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8.20 Authority to Execute.

Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement.

8.21 Governing Law; Litigation Matters.

The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of San Bernardino, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney’s fees, expert witness fees, and litigation costs and expenses.

8.22 No Brokers.

Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees, or finder’s fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations.
[Remainder of Page Intentionally Left Blank.]
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IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date.
“DEVELOPER”
HIDALGO ENERGY STORAGE LLC, a
Delaware corporation
By:

Its:

By:

Its:
“CITY”
CITY OF ADELANTO, a California
municipal corporation and charter city
By:

Gabriel Reyes
Mayor
ATTEST:
_________________________________
Brenda Lopez
City Clerk

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
_________________________________
Todd Litfin
City Attorney
47 539/026150-0059
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EXHIBIT A
Legal Description of Property
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
49 539/026150-0059
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
50 ADELANTO PUBLIC UTILITY AUTHORITY
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: 5/27/2026
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Diana Gunn, Finance Manager
SUBJECT: CONSIDERATION OF APPROVING AMENDMENT NO. 31 TO THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE SHERIFF’S DEPARTMENT TO PROVIDE CITY LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2026-2027 IN THE AMOUNT OF $8,806,503

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT STAFF RECOMMENDATION:

Staff recommends that the City Council approve Amendment No. 31 to the agreement with the County of San Bernardino for the Sheriff’s Department to provide City law enforcement services for Fiscal Year 2026-2027 in the amount of $8,806,503 and authorize the City Manager to execute the amendment.

BACKGROUND:

On December 11, 2001, the City Council entered into an agreement (Contract Number 01- 1251) (the “Agreement”) with the County of San Bernardino for the Sheriff’s Department to provide law enforcement services (the “Services”) to the City.

Proposed Amendment No. 31 (the “Amendment”) maintains the current safety level of service at 22.11 personnel and the general level of service at 8.76 personnel, for a total contract cost of $8,806,503. A detailed breakdown of the level of service is included in Schedule A of attached Amendment No. 31.

In addition to the Services cost, the City is responsible for actual overtime costs, on-call costs, all fuel and vehicle maintenance costs, and professional services costs above the contract formula, which are billed to the City on a quarterly invoice.

FISCAL IMPACT:

The General Fund will be impacted by an increase of $610,554 for Fiscal Year 2026–2027 related to the Sheriff Services Contract, for a total contract cost of $8,806,503, which will be incorporated into the forthcoming budget
ATTACHMENT:

1. Amendment No. 31 to the Law Enforcement Services Contract 51 Standard Contract Page 1 of 4

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Adelanto
Contractor Representative Jessie Flores, City Manager
Telephone Number (760) 246-2300 ext. 11184
Contract Term 07/01/2026 through 06/30/2027
Original Contract Amount $ 8,806,503
Amendment Amount --------------
Total Contract Amount $ 8,806,503
Cost Center 4414651000
IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT No. 31
Effective July 1, 2026, Contract No. 01-1251 to provide law enforcement services to the City of Adelanto is hereby amended by replacing the Schedule A referred to in Section II. CONSIDERATION with the new Schedule A that is attached hereto and incorporated herein by this reference.

Except as amended, all other terms and conditions of this Contract remain as stated therein.

Contract Number
01-1251 A-31
SAP Number
N/A
52

Page 2 of 4 ends

[With the exception of signatures, this page is intentionally left blank].

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY City of Adelanto
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Jessie Flores
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 11600 Air Expressway
Adelanto, CA 92301
53

Page 3 of 4 ends

SCHEDULE A
Law Enforcement Services Contract
City of Adelanto
2026-27
FY 2026-27
COST

0.50 - Lieutenant 222,547 1

3.00 - Sergeant 1,085,139 1

2.00 - Detective/Corporal 620,622 1

14.61 - Deputy Sheriff 3,852,277 1

2.00 - Deputy Sheriff (non-relief) 527,348 1

2.00 - Sheriff’s Service Specialist 209,826 1

3.00 - Law & Justice Office Specialist 313,422 1

1.00 - Motor Pool Services Assistant 101,331 1

7.00 - Marked Unit 160,897 2

1.00 - Marked Unit - Slick Top 22,791 2

2.00 - Unmarked Unit 22,790 2

0.50 - Command Staff Vehicle 8,198 2

2.00 - Pickup truck 23,114 2

1.00 - Citizen Patrol Truck 9,697 2
Dispatch Services 453,697 1

29.00 - HTs (Amortization, Access & Maintenance) 60,378 Administrative Support 38,040
Office Automation 93,453
Axon Contract 54,850
Vehicle Insurance 105,999
Personnel Liability & Bonding 694,453
Workers' Comp Experience Modification 14,642
County Administrative Cost 110,991
Cost for FY2026-27 $ 8,806,503 1-5
Monthly Payment Schedule
$733,878
2 nd through 12th payments due the 5th of each month: $733,875 1 2
3 4
5 Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

No replacement cost is included for grant funded or donated vehicles.

Services and supplies will be billed to the City on a quarterly invoice.

LEVEL OF SERVICE
1 st payment due July 15, 2026:

Grant funded, donated and non-replaceable vehicles will incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.
54

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SCHEDULE A
Law Enforcement Services Contract
City of Adelanto
2026-27
Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memoranda of Understanding with the County’s various employee organizations. • Actual overtime costs.
• Actual on-call costs.
• Actual costs of vehicle fuel, repair and maintenance, including the costs of collision repair. • Actual costs for services and supplies.

SAFETY: GENERAL:

Lieutenant - 0.50 Sheriff's Service Specialist - 2.00
Sergeant - 3.00 Motor Pool Service Assistant - 1.00
Detective/Corporal - 2.00 Law & Justice Office Specialist - 3.00 Deputy Sheriff - 16.61 Dispatchers - 2.76

22.11 8.76
VEHICLES:

Marked Patrol Units - 7.00 DONATED VEHICLES LIST:

Marked Patrol Units-Slick Top - 1.00 Trailers - 2.00 *
Safety Unmarked Units - 2.00 2.00
Command Staff Units - 0.50
Pickup Trucks - 2.00
Citizen Patrol - 1.00
Donated Vehicles-Ins Only - 2.00 *

15.50 * (Included for insurance costs only)

LEVEL OF SERVICE SUMMARY
55 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: May 27, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk/Director of Governmental Services SUBJECT: ADOPTION OF RESOLUTION NO. 26-11 CALLING AND GIVING NOTICE OF THE HOLDING OF A

GENERAL MUNICIPAL ELECTION FOR CERTAIN OFFICERS, REQUESTING CONSOLIDATION OF

SUCH ELECTION WITH THE COUNTY OF SAN BERNARDINO, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE REGARDING CANDIDATE STATEMENTS, AND PROVIDING FOR THE DETERMINATION OF TIE VOTES.

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 26-11 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 3, 2026.

BACKGROUND:

The City of Adelanto generally consolidates its elections with the County of San Bernardino. Pursuant to California Elections Code requirements, the City Council must call and give notice of the holding of a General Municipal Election and adopt regulations for candidate statements.

The upcoming General Municipal Election is scheduled for Tuesday, November 3, 2026, for the election of two (2) members of the City Council for the term of four (4) years; and one (1) Mayor for a term of four (4) years.

Candidate statements shall be limited to 200 words and candidates electing to submit statements for the voter information guide shall pay the applicable fees at the time nomination papers are filed.

CONCLUSION:

By adopting Resolution No. 26-XX, the City Council will formally call the November 3, 2026 General Municipal Election and request consolidation with the County of San Bernardino.

FISCAL IMPACT:

The City will reimburse the County of San Bernardino for election services. Final costs will be determined following certification of the election.

ATTACHMENTS:

Resolution No. 26-11
56 RESOLUTION NO. 26-11

COUNTY OF SAN BERNARDINO WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3) REQUESTING THE COUNTY OF SAN BERNARDINO TO PROVIDE SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH ELECTION; (4) ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE FOR SUCH ELECTION REGARDING CANDIDATE STATEMENTS; AND (5) PROVIDING FOR THE

DETERMINATION OF TIE VOTES BY LOT
WHEREAS, under the provisions of the laws relating to Charter Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, November 3, 2026, for the election of two (2) members of the City Council for the term of four (4) years; and one (1) Mayor for a term of four (4) years; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that, within the City, the precincts, polling places and election officers of the two elections be the same, and that the election be held in all respects as if there were only one election;
WHEREAS, the City Council wishes for the San Bernardino County Registrar of Voters to canvass the returns of the General Municipal Election; WHEREAS, the City seeks the provision of election services from the County of San Bernardino relating to the conduct of the City’s November 3, 2026 General Municipal Election;

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

SECTION 1. A General Municipal Election is hereby called and ordered to be held in the City of Adelanto on Tuesday, November 3, 2026, for the purpose of electing two (2) members of the City Council for the term of four (4) years and one (1) Mayor for a term of four (4) years.

SECTION 2. Pursuant to Elections Code section 10403, the City Council respectfully requests the Board of Supervisors of the County of San Bernardino to consent and agree to the consolidation of the General Municipal Election with the statewide election to be held on the same date.

SECTION 3. The San Bernardino County Registrar of Voters is requested to provide election services and conduct the election in all respects as required by law. 57 Resolution No. 26-11

Page 2 ends

SECTION 4. The City of Adelanto shall reimburse the County of San Bernardino for all costs associated with the conduct of the election upon presentation of a properly approved invoice.

SECTION 5. The ballots to be used at the election shall be in form and content as required by law.

SECTION 6. The City Clerk is authorized and directed to coordinate with the County Registrar of Voters to procure and furnish all official ballots, notices, printed matter, supplies, equipment and paraphernalia necessary for the conduct of the election.

SECTION 7. Pursuant to Elections Code section 13307, each candidate for elective office may prepare a candidate statement not to exceed 200 words.

SECTION 8. Candidate statements shall be filed in the Office of the City Clerk at the time nomination papers are filed.

SECTION 9. The City Council has determined that tie votes shall be resolved by lot pursuant to Elections Code section 15651(a).

SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution and shall file a certified copy with the San Bernardino County Registrar of Voters.

PASSED, APPROVED AND ADOPTED this 27th day of May, 2026 ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
58 Resolution No. 26-11

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 26-11 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 27th day of May, 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 27th day of May, 2026.
______________________________
Brenda Lopez, City Clerk
59 CITY COUNCIL AGENDA REPORT
DATE: May 27, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Gary Huang, Engineering Services Manager
SUBJECT: Acceptance Parcel Map No. 20607
STAFF RECOMMENDATION:

Staff recommend that the City Council accept Parcel Map No. 20607 and authorize the mayor to sign the Acceptance Certificate on behalf of the City Council.

BACKGROUND:

The developer, Auburn Travel Centers, LLC, is proposing a subdivision of its property located at the southeast corner of Auburn Avenue and Highway 395. The Parcel Map divides the site into smaller parcels to accommodate future development of a gas station, convenience store, restaurants, carwash, and office.

The Parcel Map reflects a lot line adjustment and is ready for recording with the San Bernardino County Recorder’s Office.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Parcel Map Mylar
60 61
62 63
64 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
STAFF RECOMMENDATION:

Staff recommends that City Council review and ratify Warrant Demand Schedule 25/26-11-02.

1. City of Adelanto Check Warrant No. 151859 through 151908 in the total amount of $155,759.06

2. City of Adelanto EFT No.4258 through 4258 and No. 5413 through 5505 in the total amount of $992,161.06
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: 144
Total Amount of Payments: $1,147,920.12
ATTACHMENTS:

1. Payment Check Register – Check No. 151859 through 151908

2. Payment EFT Register – EFT No. 4258 through 4258, and 5413 through 5505 DATE: May 27, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 25/26-11-02
65 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
151873 05/07/2026 Open Utility Management
Refund
ROBERTSON, RUSSELL $227.71
151874 05/07/2026 Open Utility Management
Refund
ROMERO DELGADO, JAIRO $206.65
151875 05/07/2026 Open Utility Management
Refund
TAYLOR, SOL $220.99
151876 05/07/2026 Open Utility Management
Refund
VELOZ, NAINA $195.09
151884 05/19/2026 Open Utility Management
Refund
ADKINS, REGINA $288.73
151885 05/19/2026 Open Utility Management
Refund
CALUAG, JAREMY ACE $194.90
151886 05/19/2026 Open Utility Management
Refund

CLEARVIEW REAL ESTATE

HOLDINGS LLC
$134.37
151887 05/19/2026 Open Utility Management
Refund
CORREA, MIREYA $296.57
151888 05/19/2026 Open Utility Management
Refund
DIEP, KEVIN $233.03
151889 05/19/2026 Open Utility Management
Refund
FREY, LAURIE $204.43
151890 05/19/2026 Open Utility Management
Refund
GODINEZ, DAYANARA $195.70
151891 05/19/2026 Open Utility Management
Refund
HOANG, JASMINE $93.34
151892 05/19/2026 Open Utility Management
Refund
JOMEX LLC $771.33
151893 05/19/2026 Open Utility Management
Refund
LI, JIANPING $62.86
151894 05/19/2026 Open Utility Management
Refund
LINARES PEREZ, ADRIAN $198.61
151895 05/19/2026 Open Utility Management
Refund
LONE WOLF RENTALS LLC $148.42
151896 05/19/2026 Open Utility Management
Refund
LOPEZ MINAS, JOSUE $299.67
151897 05/19/2026 Open Utility Management
Refund
MARTINEZ OCHOA, SOFIA $118.56
151898 05/19/2026 Open Utility Management
Refund
MELENDEZ, JOCELYN $410.97
151899 05/19/2026 Open Utility Management
Refund
OPENDOOR LABS INC $361.21
151900 05/19/2026 Open Utility Management
Refund
PRATIK, JOGANI $137.31
151901 05/19/2026 Open Utility Management
Refund
QUIROZ, MARTHA $206.27
151902 05/19/2026 Open Utility Management
Refund
SALAZAR, EDGAR $290.94
user: Diana Gunn Pages: 1 of 4 Wednesday, May 20, 2026
66 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151903 05/19/2026 Open Utility Management
Refund
SIORDIA GARCIA, LORENZO $184.87
Type Check Totals: 24 Transactions $5,682.53
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 24 $5,682.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 24 $5,682.53 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 24 $5,682.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 24 $5,682.53 $0.00
80-93000092 - Community Benefit Corp.

Check
151871 05/07/2026 Open Accounts Payable DEPARTMENT OF JUSTICE $75.00 user: Diana Gunn Pages: 2 of 4 Wednesday, May 20, 2026
67 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151872 05/07/2026 Open Accounts Payable SUSAN OLMSTEAD-BOWEN, CPA $500.00 Type Check Totals: 2 Transactions $575.00
80-93000092 - Community Benefit Corp. Totals
Checks Status Count Transaction Amount Reconciled Amount Open 2 $575.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 2 $575.00 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 2 $575.00 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 2 $575.00 $0.00
Flagstar AP - Accounts Payable
Check
151859 05/07/2026 Open Accounts Payable BLUE BUILDERS, INC. $36,414.08 151860 05/07/2026 Open Accounts Payable COMMUNITY ACTION

PARTNERSHIP OF SAN

BERNARDINO CTY
$268.57
151861 05/07/2026 Open Accounts Payable HIGH DESERT COMMUNITY

FOUNDATION
$2,530.00
151862 05/07/2026 Open Accounts Payable HIGHER EXPECTATIONS HD, LLC $16,920.00 151863 05/07/2026 Open Accounts Payable JAMES C HIRSCH AICP, ASSOC AIA CORP
$30,100.00
151864 05/07/2026 Open Accounts Payable RAMOS, DANIEL $129.00 151865 05/07/2026 Open Accounts Payable REYES, GABRIEL $379.00 151866 05/07/2026 Open Accounts Payable RHRC1 $10,000.00 151867 05/07/2026 Open Accounts Payable ROSA ROSALES $8,718.00 151868 05/07/2026 Open Accounts Payable SALINAS, YESER $580.04 151869 05/07/2026 Open Accounts Payable STEVEVONNA EVANS $393.40 151870 05/07/2026 Open Accounts Payable TADMOR, IDIT $1,116.15 user: Diana Gunn Pages: 3 of 4 Wednesday, May 20, 2026
68 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151877 05/13/2026 Open Accounts Payable HOVANNESIAN, KYLE $208.90 151878 05/13/2026 Open Accounts Payable RAMOS, DANIEL $301.00 151879 05/14/2026 Open Accounts Payable BISHOP, DEWAYNE $63.51 151880 05/14/2026 Open Accounts Payable BURRTEC WASTE
INDUSTRIES,INC.
$25,366.18
151881 05/14/2026 Open Accounts Payable FLORES, JESSIE $472.73 151882 05/14/2026 Open Accounts Payable MARY MANZO $1,724.70 151883 05/14/2026 Open Accounts Payable SAN BERNARDINO COUNTY $250.00 151904 05/19/2026 Open Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$12,501.00
151905 05/19/2026 Open Accounts Payable CHEUNG, MICHELLE $272.33 151906 05/19/2026 Open Accounts Payable FLORES, JESSIE $145.60 151907 05/19/2026 Open Accounts Payable SANDERS, JERRY $200.04 151908 05/19/2026 Open Accounts Payable VALADEZ, MARTHA $447.30 Type Check Totals: 24 Transactions $149,501.53
Flagstar AP - Accounts Payable Totals
Checks Status Count Transaction Amount Reconciled Amount Open 24 $149,501.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 24 $149,501.53 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 24 $149,501.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 24 $149,501.53 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 50 $155,759.06 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 50 $155,759.06 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 50 $155,759.06 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 50 $155,759.06 $0.00
user: Diana Gunn Pages: 4 of 4 Wednesday, May 20, 2026
69 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
EFT
4258 05/01/2026 Open Accounts Payable METLIFE $3,979.40 Type EFT Totals: 1 Transactions $3,979.40
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 1 $3,979.40 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 1 $3,979.40 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 1 $3,979.40 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $3,979.40 $0.00
Grand Totals:

EFTs Status Count Transaction Amount Reconciled Amount
Open 1 $3,979.40 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 1 $3,979.40 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 1 $3,979.40 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 1 $3,979.40 $0.00
user: Diana Gunn Pages: 1 of 1 Wednesday, May 20, 2026
70 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Flagstar AP - Accounts Payable
EFT
5413 05/07/2026 Reconciled 05/07/2026 Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$9,735.46 $9,735.46 $0.00
5414 05/07/2026 Reconciled 05/07/2026 Accounts Payable ALLCABLE INC $444.78 $444.78 $0.00 5415 05/07/2026 Reconciled 05/07/2026 Accounts Payable AVCO DISPOSAL, INC. $3,101.82 $3,101.82 $0.00 5416 05/07/2026 Reconciled 05/07/2026 Accounts Payable BANK UP CORPORATION $750.00 $750.00 $0.00 5417 05/07/2026 Reconciled 05/07/2026 Accounts Payable BIG SKY ELECTRIC, INC $118,009.00 $118,009.00 $0.00 5418 05/07/2026 Reconciled 05/07/2026 Accounts Payable CAMERON-COLE LLC $1,000.00 $1,000.00 $0.00 5419 05/07/2026 Reconciled 05/07/2026 Accounts Payable CINTAS CORP #150 $167.87 $167.87 $0.00 5420 05/07/2026 Reconciled 05/07/2026 Accounts Payable CITY OF VICTORVILLE $999.52 $999.52 $0.00 5421 05/07/2026 Reconciled 05/07/2026 Accounts Payable COUNTY OF SAN BERNARDINO (RECORDER)
$44.00 $44.00 $0.00
5422 05/07/2026 Reconciled 05/07/2026 Accounts Payable DATA NET SOLUTIONS GROUP, INC.
$11,600.00 $11,600.00 $0.00
5423 05/07/2026 Reconciled 05/07/2026 Accounts Payable DAVID EVANS AND ASSOCIATES, INC.
$5,488.00 $5,488.00 $0.00
5424 05/07/2026 Reconciled 05/07/2026 Accounts Payable DSD-DISTRIBUTED SOLAR

DEVELOPMENT, LLC
$34,193.40 $34,193.40 $0.00
5425 05/07/2026 Reconciled 05/07/2026 Accounts Payable EMPLOYMENT RISK

MANAGEMENT AUTHORITY (ERMA)
$2,904.03 $2,904.03 $0.00
5426 05/07/2026 Reconciled 05/07/2026 Accounts Payable FIELDMAN, ROLAPP & ASSOCIATES, INC.
$4,000.00 $4,000.00 $0.00
5427 05/07/2026 Reconciled 05/07/2026 Accounts Payable HESPERIA OUTDOOR EQUIPMENT $211.15 $211.15 $0.00 5428 05/07/2026 Reconciled 05/07/2026 Accounts Payable INFOSEND $1,710.48 $1,710.48 $0.00 5429 05/07/2026 Reconciled 05/07/2026 Accounts Payable KEC ENGINEERS, INC. $87,600.00 $87,600.00 $0.00 5430 05/07/2026 Reconciled 05/07/2026 Accounts Payable LAN WAN ENTERPRISES INC $12,000.00 $12,000.00 $0.00 5431 05/07/2026 Reconciled 05/07/2026 Accounts Payable LOCAL EQUITY LLC $62,650.00 $62,650.00 $0.00 5432 05/07/2026 Reconciled 05/07/2026 Accounts Payable MANUFACTURING ALL DREAMS

STUDIOS, ARLEY ARSINEDA
$10,000.00 $10,000.00 $0.00
5433 05/07/2026 Reconciled 05/07/2026 Accounts Payable MOBILE OCCUPATIONAL SERVICES, INC.
$10.00 $10.00 $0.00
5434 05/07/2026 Reconciled 05/07/2026 Accounts Payable MOJAVE WATER AGENCY $35,397.00 $35,397.00 $0.00 5435 05/07/2026 Reconciled 05/07/2026 Accounts Payable PITNEY BOWES, INC. $109.99 $109.99 $0.00 5436 05/07/2026 Reconciled 05/07/2026 Accounts Payable SHRED-IT USA LLC $261.37 $261.37 $0.00 5437 05/07/2026 Reconciled 05/07/2026 Accounts Payable TOWN & COUNTRY TIRE, INC. $100.00 $100.00 $0.00 5438 05/07/2026 Reconciled 05/07/2026 Accounts Payable UNDERGROUND SERVICE ALERT $278.44 $278.44 $0.00 5439 05/07/2026 Reconciled 05/07/2026 Accounts Payable VCA MESA ANIMAL HOSPITAL $134.60 $134.60 $0.00 5440 05/07/2026 Reconciled 05/07/2026 Accounts Payable VULCAN $854.08 $854.08 $0.00 5441 05/07/2026 Reconciled 05/07/2026 Accounts Payable WELLS FARGO FINANCIAL LEASING, INC.
$2,482.55 $2,482.55 $0.00
5442 05/07/2026 Reconciled 05/07/2026 Accounts Payable WOODARD & CURRAN, INC. $262,200.37 $262,200.37 $0.00 5443 05/07/2026 Reconciled 05/07/2026 Accounts Payable ZSE & ASSOCIATES $23,500.00 $23,500.00 $0.00 5444 05/11/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $268.32 5445 05/11/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $224.22 5446 05/06/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $4,032.57 5447 05/06/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $692.26 5448 05/04/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $2,503.93 5449 05/08/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $732.03 5450 05/08/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $276.99 5451 05/08/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $240.72 user: Diana Gunn Pages: 1 of 3 Wednesday, May 20, 2026
71 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
5452 05/12/2026 Open Accounts Payable AMAZON WEB SERVICES, INC $1,056.56 5453 04/14/2026 Open Accounts Payable FIRST NATIONAL BANK OF OMAHA $24,796.20 5454 05/14/2026 Reconciled 05/14/2026 Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$1,617.51 $1,617.51 $0.00
5455 05/14/2026 Reconciled 05/14/2026 Accounts Payable ALTA PLANNING AND DESIGN $3,376.25 $3,376.25 $0.00 5456 05/14/2026 Reconciled 05/14/2026 Accounts Payable AMAZON CAPITAL SERVICES, INC. $818.30 $818.30 $0.00 5457 05/14/2026 Reconciled 05/14/2026 Accounts Payable AMERICAN LEGAL PUBLISHING

CORPORATION
$550.00 $550.00 $0.00
5458 05/14/2026 Reconciled 05/14/2026 Accounts Payable AVCO DISPOSAL, INC. $230.72 $230.72 $0.00 5459 05/14/2026 Reconciled 05/14/2026 Accounts Payable BARSTOW HUMANE SOCIETY $13,530.00 $13,530.00 $0.00 5460 05/14/2026 Reconciled 05/14/2026 Accounts Payable BEE ROOTED $300.00 $300.00 $0.00 5461 05/14/2026 Reconciled 05/14/2026 Accounts Payable CALLTOWER, INC. $194.23 $194.23 $0.00 5462 05/14/2026 Reconciled 05/14/2026 Accounts Payable CARL WARREN & COMPANY LLC $1,375.50 $1,375.50 $0.00 5463 05/14/2026 Reconciled 05/14/2026 Accounts Payable CINTAS CORP #150 $328.02 $328.02 $0.00 5464 05/14/2026 Reconciled 05/14/2026 Accounts Payable COUNTY OF SAN BERNARDINO (RECORDER)
$40.00 $40.00 $0.00
5465 05/14/2026 Reconciled 05/14/2026 Accounts Payable DAILY PRESS/DESERT DISPATCH $2,648.44 $2,648.44 $0.00 5466 05/14/2026 Reconciled 05/14/2026 Accounts Payable DEWEY PEST CONTROL, INC. $116.00 $116.00 $0.00 5467 05/14/2026 Reconciled 05/14/2026 Accounts Payable FANT, GINGER M. $420.00 $420.00 $0.00 5468 05/14/2026 Reconciled 05/14/2026 Accounts Payable FEDERAL EXPRESS $122.69 $122.69 $0.00 5469 05/14/2026 Reconciled 05/14/2026 Accounts Payable GARDA WORLD $1,352.49 $1,352.49 $0.00 5470 05/14/2026 Reconciled 05/14/2026 Accounts Payable GATEWAY PET CEMETERY INC. $350.00 $350.00 $0.00 5471 05/14/2026 Reconciled 05/14/2026 Accounts Payable HESPERIA OUTDOOR EQUIPMENT $469.31 $469.31 $0.00 5472 05/14/2026 Reconciled 05/14/2026 Accounts Payable INFRASTRUCTURE ARCHITECTS INC
$740.00 $740.00 $0.00
5473 05/14/2026 Reconciled 05/14/2026 Accounts Payable KUPKA, GERALD $372.55 $372.55 $0.00 5474 05/14/2026 Reconciled 05/14/2026 Accounts Payable MAINSTREAM UNLIMITED LLC $204.00 $204.00 $0.00 5475 05/14/2026 Reconciled 05/14/2026 Accounts Payable MANUFACTURING ALL DREAMS

STUDIOS, ARLEY ARSINEDA
$1,320.00 $1,320.00 $0.00
5476 05/14/2026 Reconciled 05/14/2026 Accounts Payable MINAGAR & ASSOCIATES, INC. $37,344.38 $37,344.38 $0.00 5477 05/14/2026 Reconciled 05/14/2026 Accounts Payable NETFILE, INC. $750.00 $750.00 $0.00 5478 05/14/2026 Reconciled 05/14/2026 Accounts Payable POLYDYNE, INC. $8,525.19 $8,525.19 $0.00 5479 05/14/2026 Reconciled 05/14/2026 Accounts Payable SAN BERNARDINO COUNTY

INNOVATION AND TECHNOLOGY
$177.87 $177.87 $0.00
5480 05/14/2026 Reconciled 05/14/2026 Accounts Payable SERVPRO OF COLTON/LOMA

LINDA/GRAND TERRACE
$1,854.00 $1,854.00 $0.00
5481 05/14/2026 Reconciled 05/14/2026 Accounts Payable THORNTON, THOMAS, W. $400.00 $400.00 $0.00 5482 05/14/2026 Reconciled 05/14/2026 Accounts Payable WILLIAMS, CHARLES $295.08 $295.08 $0.00 5483 05/07/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES

RETIREMENT SYSTEM
$37,175.17
5484 05/13/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES

RETIREMENT SYSTEM
$5,359.43
5485 05/13/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES

RETIREMENT SYSTEM
$8,409.54
5486 05/12/2026 Open Accounts Payable COLONIAL LIFE $533.92 5487 05/14/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $527.40 5488 05/14/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $82.02 5489 05/14/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $183.37 5490 05/12/2026 Open Accounts Payable US BANK TRUST N.A. $3,362.50 5491 05/12/2026 Open Accounts Payable SOUTHWEST GAS CORPORATION $404.61 5492 05/19/2026 Reconciled 05/19/2026 Accounts Payable ALTA PLANNING AND DESIGN $6,372.75 $6,372.75 $0.00 user: Diana Gunn Pages: 2 of 3 Wednesday, May 20, 2026
72 Payment Register
City of Adelanto
From Payment Date: 5/21/2025 - To Payment Date: 5/20/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
5493 05/19/2026 Reconciled 05/19/2026 Accounts Payable BLUETRITON BRANDS INC $556.16 $556.16 $0.00 5494 05/19/2026 Reconciled 05/19/2026 Accounts Payable CHARTER COMMUNICATIONS $6,751.03 $6,751.03 $0.00 5495 05/19/2026 Reconciled 05/19/2026 Accounts Payable CORELOGIC SOLUTIONS, LLC. $225.00 $225.00 $0.00 5496 05/19/2026 Reconciled 05/19/2026 Accounts Payable DATA NET SOLUTIONS GROUP, INC.
$24,750.50 $24,750.50 $0.00
5497 05/19/2026 Reconciled 05/19/2026 Accounts Payable DAVID EVANS AND ASSOCIATES, INC.
$11,172.00 $11,172.00 $0.00
5498 05/19/2026 Reconciled 05/19/2026 Accounts Payable EXECUTIVE ELEVATOR, INC. $205.00 $205.00 $0.00 5499 05/19/2026 Reconciled 05/19/2026 Accounts Payable FERGUSON ENTERPRISES, INC. $220.23 $220.23 $0.00 5500 05/19/2026 Reconciled 05/19/2026 Accounts Payable FLYERS ENERGY LLC. $7,914.64 $7,914.64 $0.00 5501 05/19/2026 Reconciled 05/19/2026 Accounts Payable LAN WAN ENTERPRISES INC $30,988.80 $30,988.80 $0.00 5502 05/19/2026 Reconciled 05/19/2026 Accounts Payable LEIBOLD MCCLENDON & MANN $301.50 $301.50 $0.00 5503 05/19/2026 Reconciled 05/19/2026 Accounts Payable MARIA DEL CARMEN ESQUIVEL $1,562.50 $1,562.50 $0.00 5504 05/19/2026 Reconciled 05/19/2026 Accounts Payable RUTAN & TUCKER, LLP. $27,039.35 $27,039.35 $0.00 5505 05/19/2026 Reconciled 05/19/2026 Accounts Payable TEAMCIVX LLC $7,500.00 $7,500.00 $0.00 Type EFT Totals: 93 Transactions $988,181.66 $897,319.90 $0.00 Flagstar AP - Accounts Payable Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 19 $90,861.76 $0.00
Reconciled 74 $897,319.90 $897,319.90
Voided 0 $0.00 $0.00
Total 93 $988,181.66 $897,319.90
All Status Count Transaction Amount Reconciled Amount
Open 19 $90,861.76 $0.00
Reconciled 74 $897,319.90 $897,319.90
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 93 $988,181.66 $897,319.90
Grand Totals:

EFTs Status Count Transaction Amount Reconciled Amount
Open 19 $90,861.76 $0.00
Reconciled 74 $897,319.90 $897,319.90
Voided 0 $0.00 $0.00
Total 93 $988,181.66 $897,319.90
All Status Count Transaction Amount Reconciled Amount
Open 19 $90,861.76 $0.00
Reconciled 74 $897,319.90 $897,319.90
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 93 $988,181.66 $897,319.90
user: Diana Gunn Pages: 3 of 3 Wednesday, May 20, 2026
73 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: 5/27/2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
SUBJECT: ADOPTION OF RESOLUTION 26-10 ESTABLISHING POLICY FOR DISRUPTION OF REMOTE

PARTICIPATION DURING CITY COUNCIL MEETINGS
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution establishing a policy addressing disruptions to remote participation during City Council meetings in compliance with the Ralph M. Brown Act and Senate Bill 707.

BACKGROUND:

The Ralph M. Brown Act requires that meetings of local legislative bodies be open and accessible to the public. Recent legislative updates, including Senate Bill 707, reinforce requirements related to remote participation and public access when teleconferencing or virtual platforms are utilized.

The City of Adelanto has incorporated remote participation technologies, such as Zoom, to expand accessibility and public engagement. However, technical disruptions may occur that impair or prevent members of the public from attending or participating remotely.

To ensure continued compliance with state law and to provide clear direction during such disruptions, staff has prepared a formal policy for City Council consideration.

The proposed policy establishes clear procedures to be followed when a disruption to remote participation occurs during a City Council meeting. Key provisions include:
• A mandatory recess of at least one (1) hour if remote access is disrupted • Staff responsibility to make good faith efforts to restore access • Required public notice of the disruption and recess
• Documentation of the disruption and corrective actions • A requirement that the City Council adopt formal findings, by roll-call vote, prior to resuming the meeting
74 The policy ensures that the City balances legal compliance, transparency, and operational continuity when technical issues arise.

FISCAL IMPACT:

There is no direct fiscal impact associated with adopting this policy. Any costs related to technology maintenance or upgrades are already included in the City’s existing operational budget.

ATTACHMENTS:

Resolution No. 26-10
75 RESOLUTION NO. 26-10

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

ESTABLISHING A POLICY FOR DISRUPTION OF REMOTE PARTICIPATION DURING CITY COUNCIL MEETINGS IN ACCORDANCE WITH THE RALPH M. BROWN ACT AND SENATE BILL 707
WHEREAS, the City of Adelanto is committed to open and transparent governance; and
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) requires that meetings be open and accessible to the public; and WHEREAS, Senate Bill 707 establishes requirements concerning remote public access to meetings; and
WHEREAS, disruptions to remote participation may occur and impact public access; and
WHEREAS, the City Council desires to establish clear procedures to address such disruptions.

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

SECTION 1. POLICY ADOPTION
The City Council hereby adopts the policy attached hereto as Exhibit “A.” SECTION 2. IMPLEMENTATION
The City Manager or designee shall implement this Resolution.

SECTION 3. EFFECTIVE DATE
This Resolution shall take effect immediately upon adoption. 76 Resolution No. 26-10

Page 2 ends

PASSED, APPROVED AND ADOPTED this 27 day of May 2026.
______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
77 Resolution No. 26-10

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 26-10 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 27 day of May 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 27 day of May 2026.
______________________________
Brenda Lopez, City Clerk
78 EXHIBIT “A”

CITY OF ADELANTO POLICY

DISRUPTION OF REMOTE PARTICIPATION DURING A COUNCIL

MEETING

1. PURPOSE
To ensure compliance with the Ralph M. Brown Act and Senate Bill 707 by establishing procedures for addressing disruptions to remote participation.

2. POLICY STATEMENT
If a disruption prevents remote public access or participation, the City Council shall recess for a minimum of one (1) hour while staff undertakes good faith efforts to restore service.

The meeting may resume only after a roll-call vote confirming:

1. Reasonable efforts were made; and

2. Resuming serves the public interest.

3. DEFINITIONS
Remote Participation: Electronic access to attend, observe, or comment.

Disruption: A technical failure impairing remote access.

Good Faith Efforts: Reasonable actions to restore service.

Recess: Temporary suspension of proceedings.

4. PROCEDURES
A. Identification – Staff notifies the presiding officer. 79 B. Recess – Minimum one (1) hour if access is impaired.

C. Notice – Public announcement of disruption and recess.

D. Restoration – Staff undertakes corrective actions.

E. Documentation – Record disruption and response.

F. Reconvening – Council adopts required findings by roll-call vote.

G. Adjournment – If unresolved, meeting may be continued.

5. RESPONSIBILITY
The City Manager or designee is responsible for implementation. 80 CITY COUNCIL AGENDA REPORT
A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: May 27, 2026
TO: Honorable Mayor and City Council Members
FROM: Jim Hirsch, Development Services Director
BY: Christian Espinoza, Project Planner
SUBJECT: NEW BUSINESS – REPORT OF ORGANIZATIONS POTENTIALLY ELIGIBLE FOR

FIREWORKS STANDS
STAFF RECOMMENDATION:

Request the Council to approve and determine eligibility for organizations potentially eligible for Fireworks Stands.

BACKGROUND:

In accordance with Chapter 9.65 of the Adelanto Municipal Code, organizations wishing to participate in the sale of fireworks must meet certain eligibility requirements. Only eleven Fireworks Stands are allowed, and this year eleven applications were received. An overview of the requirements is in the attachments.

It is important to note that Ordinance 649 has been passed on March 13, 2024, amending the Adelanto Municipal Code to no longer require Firework Stand applicants to participate in the Adopt-A-Street program nor the Community Clean-Ups Days.

The following applicants have met all eligibility criteria:

1. Dare U to be Different

2. Adelanto Little League

3. Community Benefit Corp

4. Christ the Good Shepherd

5. American Legion Post 229

6. American Legion Auxiliary Post 229

7. High Desert Devils

8. Victory Outreach Adelanto

9. World Faith Vision Church

10. Haven’s Future
81 The following applicants have not met the requirement for location within the city of Adelanto:

1. NA
FISCAL IMPACT:

1. Business License Fee
a. $200 each
b. $2,000 total

2. Temporary Use Permit Fees
a. $877.40 each
b. $8774.00 total

3. Clean Up Fee
a. $600 each
b. $6,000 total
Total fees collected: $16,774.00
ATTACHMENTS:

1. Fireworks Applicants Eligibility Chart

2. Maps of Proposed Locations

3. Chapter 9.65 “Storage, Use, and Sale of Fireworks”

4. Ordinance 649
82 FIREWORKS APPLICATION 2026
Eligibility Chart
Dare U To Be Different
Adelanto Little League
Community Benefit Corp
Christ the Good Shepherd
American Legion Post 229
American Legion Auxiliary Post 229
High Desert Devils
Victory Outreach Adelanto
World Faith Vision Church
Haven’ s Future
1 2 3 4 5 6 7 8 9 10 11
1 Fireworks Application
2 Proof of Non-Profit Status
3 Address in the City for at
least one year
*
4 20 member roster
5 Liability Insurance certificate
6 Sellers Permit
7 Fire Marshal permit
8 Property Owner
authorization
9 Hold Harmless agreement
10 Only one license per
organization
11 Business License application
12 Temporary Use Permit
application
13 Site Plan
14 Payment
15 Contract with promoter
16 Signed up and participate in
Adopt-A-Street
- - - - - - - - - - -
17 Participate in Clean-up
event
- - - - - - - - - - -
NOTE: An “x” means; this requirement has not been met.

A blank space means; the requirement has been met.

An “-x” means; the application has been submitted only.

An “*” Indicates that no evidence has been submitted.
83 I
Dare U To Be Different
Zone Exhibit
MU
C MI
84 I
Adelanto Little League
Zone Exhibit
C
85 I
Community Benefit Corp.

Zone Exhibit
C
86 I
Christ the Good Shepherd
Zone Exhibit
C
87 I
American Legion Post 229
Zone Exhibit
BP
MI
88 I
American Legion Auxiliary Unit 229
Zone Exhibit
MU
LM
C
Victorville
89 I
High Desert Devils
Zone Exhibit
C
R1
90 I
Victory Outreach Adelanto
Zone Exhibit
MU
BP
91 I
World Faith Vision Church
Zone Exhibit
C
92 I
Haven’s Future
Zone Exhibit
C MU
93 Chapter 9.65

STORAGE, USE AND SALE OF FIREWORKS
Sections:

9.65.010 Purpose

9.65.015 Definition

9.65.020 Sale and Discharge of Fireworks

9.65.025 License Required; Application for License to Sell Fireworks

9.65.030 General Requirements for Fireworks Licensees

9.65.035 Operation of Fireworks Stand

9.65.040 Temporary Fireworks Stands

9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit

9.65.050 Prohibition on Discharge of Fireworks

9.65.055 Penalties

9.65.010 Purpose.

The purpose of this Chapter is to bring the City's regulation of the use of fireworks into compliance with the California State Fire Marshal's Department regulations and to protect and secure the public health, safety and general welfare. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.015 Definition.
"Safe and Sane Fireworks" shall be as defined in Section 12504 of the California Health and Safety Code, as that section may in the future be amended.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.020 Sale and Discharge of Fireworks.
“Safe and Sane Fireworks” may only be sold and/or discharged within the City, and such discharge may only occur during the period beginning at 12:00 noon on the 28th day of June and ending at 11:59 pm on the 4th day of July each year. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]

9.65.025 License Required; Application for License to Sell Fireworks.

A. Except as otherwise provided herein, no person shall offer for sale or sell fireworks of any kind in the City, without having first applied for and received a license therefore.

B. All applications for licenses to sell fireworks shall:

1. Be made in writing, accompanied by an initial license fee of two hundred dollars ($200.00), which will be used to defray the cost of administration, inspection and supervision of fireworks licensees. The Temporary Business License application and Temporary Use Permit application shall be incorporated into the Fireworks application; fees for the Temporary Business License application and Temporary Use Permit are incorporated into the application fee.

2. Be submitted between the first and the last day of March each year, except when the last day falls on a day when City Hall is closed, then the following business day shall be the last day.

3. Set forth the proposed location of the fireworks stand applied for. Each stand must be on private property located in the "C" zoning district or heavier industrial or manufacturing zones of the City, or on public land at the sole discretion of the City. A notarized statement from the owner of record of the property must accompany the application.

4. Be accompanied by an agreement from the manufacturer and/or wholesaler of the fireworks to defend, indemnify and hold the City harmless from any claims, liability, litigation, damages or other injuries resulting from defective fireworks.

5. Include a statement that the applicant agrees to comply strictly with the terms of any license granted to it and furnish any additional information upon request of the City Manager, the City Council or their authorized employees and/or representatives.

C. At the time of issuance of the license, the applicant must deliver to the Business License Department evidence of public liability insurance in an amount not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) and not less than fifty thousand dollars ($50,000.00) property damage insurance in the form and 94 content required by the City, certificated, and a copy of the requisite permit from the State Fire Marshal.

D. At the time of application, each applicant shall submit a non-refundable clean-up fee of either 6% of the organization’s prior year’s net sales, or $600, whichever is greater, so that the City recuperates cost of cleaning up after 4th of July holiday.

If this is an organization’s first year participating, the $600 rate shall apply. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]

9.65.030 General Requirements for Fireworks Licensees.

The following qualifications must be met by each applicant for a license issued hereunder:

A. No license shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities. Such organizations, groups or individuals shall be limited to one (1) license.

B. Each such organization must have its principal and permanent meeting place within the corporate limits of the City, must maintain a bona fide membership of at least eighty percent (80%) of the organization must be Adelanto residents, and must have been organized and established in the City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the business license.

C. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture, but may only operate one (1) stand. The maximum number of licenses which may be issued pursuant to this Chapter during any one (1) calendar year shall not exceed one (1) license for each three thousand (3,000) residents of the City, or fraction thereof, based on the latest official roster, State of California census estimate.

D. If the number of applications exceeds the number of licenses allowed to be issued, the licenses shall be granted by a drawing supervised by the City Clerk. The drawing will be held at a Council meeting, the applicants will be notified of the drawing date and notification of selection will be performed the following day.

E. Reserved.

F. Reserved.

G. Reserved.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19; Ord. No. 649, Section 2, 3/13/24.]

9.65.035 Operation of Fireworks Stand.

A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

B. No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand(s) except that in no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate in the operation of the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19.]

9.65.040 Temporary Fireworks Stands.

A. All fireworks sales must be made from within a temporary fireworks stand, and sales from any other building or structure are prohibited.

B. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of any gasoline pump.

C. All stands shall be erected under the supervision of the Building and Safety Department, and must be constructed in a manner that will reasonably ensure the safety of attendants and patrons. Any building and safety permit fees shall be waved.

D. No fireworks stand shall have a floor area in excess of three hundred (300) square feet.

E. Each fireworks stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) unobstructed exits spaced approximately equidistant apart, provided, however, that in no case shall the distance between the exits exceed twenty-four (24) feet.

F. Each fireworks stand shall provide two (2), two and one-half (2-1/2) gallon "water pressure" type or 2A10BC dry chemical type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

G. All weeds and combustible materials shall be cleared from the location of the fireworks stand and for a distance of at least fifty (50) feet from any point of the stand.

H. "No Smoking Within 100 Feet" signs must be prominently displayed on the fireworks stand.

I. Each fireworks stand must have an adult in attendance and in charge thereof while fireworks are stored therein, 95 including an onsite presence overnight while the stand is closed. Sleeping or remaining in the fireworks stand after close of business each day is forbidden.

J. Each fireworks stand shall obtain a safety inspection and clearance from the San Bernardino County Fire Department prior to opening.

K. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 11:59pm on the 4th day of July.

L. Each fireworks stand shall display a sign of at least ten (10) square feet stating that discharge of fireworks is only legal within the City limits between 12:00 noon, June 28 and 11:59pm, July 4.

M. During the days allowed for the sale of fireworks, no sales shall be made except between the hours of 7:00 a.m. and 12:00 midnight.

N. All unsold stock and accompanying litter shall be removed from the fireworks stand location by 5:00 p.m. on July 6.

O. The fireworks stand shall be removed, and the temporary site cleared by 12:00 noon on the 10th day of July. If this requirement cannot be met by the July 10th date, the stand operator must work with City staff to arrange for a new pick up date.

P. Each organization operating or participating in a fireworks stand shall submit, to the City, a financial statement of actual sales and profit by 5:00 p.m. August 31, following the fireworks sale, unless that day falls on a day when City Hall is closed, then the following business day shall be the last day. The financial statements are subject to review and approval by the City. The records shall be retained by the City. Failure to comply will result in revocation of future license eligibility. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 599, Section 3, 5/8/19; Ord. No. 605, Section 3, 8/28/19.]

9.65.045 Temporary Sales Tax Permit Required; Display of License and Permit.

A. Organizations licensed by the City for fireworks sales are required to obtain a temporary sales tax permit from the State Board of Equalization.

B. The temporary sales tax permit and the City license to sell fireworks must be displayed in a prominent place in the fireworks stand.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.050 Prohibition on Discharge of Fireworks.

It shall be unlawful for any person to ignite, explode, project or otherwise fire or use, any fireworks or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his/her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation, congregation or assembly, or within one hundred (100) feet of any fireworks stand. [Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13.]

9.65.055 Penalties.

Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of one thousand dollars ($1,000.00), or imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Further, the fireworks sales license of any licensee who violates or permits any provision of this Chapter to be violated shall be revoked and the licensee shall not be entitled to receive a license for a period of three (3) years thereafter.
[Ord. No. 494, 4/14/10; Ord. No. 516, Section 2, 4/24/13; Ord. No. 605, Section 3, 8/28/19.] 96 97
98 99
100
101
102

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: May 27, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR THE SOLAR-POWERED SMART LIGHTING POLE

SYSTEMS
STAFF RECOMMENDATION:

Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Technology Pros Consulting, Inc. in the amount of $525,000, for the Citywide installation of SolarPowered Smart Lighting Pole Systems and authorizing the City Manager to sign the agreement on behalf of the City Council.

BACKGROUND:

The City continues to identify opportunities to improve public safety, energy efficiency, and infrastructure resiliency throughout the community. Existing lighting conditions in several corridors, parks, pedestrian areas, and public spaces are limited or inadequate, reducing nighttime visibility and accessibility for residents and visitors.

Several areas throughout the City have also experienced ongoing issues related to vandalism, illegal dumping, trespassing, loitering, and other unsafe or unauthorized activities, particularly during nighttime hours. Limited lighting in these locations reduces visibility and creates conditions that contribute to public safety concerns and reduced community use of public facilities.

To address these concerns, the City proposes installation of Solar-Powered Smart Lighting Pole Systems designed to provide sustainable and reliable illumination while reducing dependence on conventional electrical infrastructure.

The scope of work consists of furnishing and installing twenty-six (26) 25-foot-high smart lighting poles, each equipped with the following components:
• Solar photovoltaic (PV) panel unit
• Integrated battery energy storage system for nighttime operation • High-efficiency LED lighting fixture
• Integrated surveillance camera system
The proposed project will improve nighttime safety and visibility for pedestrians, bicyclists, motorists, park users, and surrounding neighborhoods by providing enhanced lighting in key public areas and corridors. Improved lighting is expected to help deter vandalism, illegal dumping, criminal activity, and other unsafe behaviors by increasing visibility and surveillance opportunities within currently underlit locations.
103
The solar-powered systems utilize renewable energy technology, reducing utility costs and supporting the City’s sustainability and greenhouse gas reduction goals. In addition, the smart lighting systems include modern technology features that may improve operational efficiency, monitoring, and maintenance capabilities.

The systems also provide increased resiliency during power outages and emergency situations by operating independently from the electrical grid. The project supports the City’s ongoing efforts to improve community safety, accessibility, environmental sustainability, and overall quality of life, particularly within underserved and disadvantaged areas.

DISCUSSION:

On April 30, 2026, a Request for Proposals (RFP) to provide services for the Citywide installation of twenty-six (26) 25-foot-high smart lighting poles, each equipped with the following components:
• Solar photovoltaic (PV) panel unit
• Integrated battery energy storage system for nighttime operation • High-efficiency LED lighting fixture
• Integrated surveillance camera system Solar-Powered Smart Lighting Pole Systems was released and made publicly available on the electronic plan room and City’s website. On May14,2026, four (4) proposals were received from the following firms:

No. Firm Location
1 Corner Stone Construction Company Victorville
2 LTS Santa Ana
3 TBR Hesperia
4 Technology Pros Consulting, Inc. Los Angeles
The proposals were reviewed by staff. It was determined that the proposal submitted by Technology Pros Consulting, Inc. met the City’s requirements. This company has an extensive experience and successfully completed similar projects for numerous cities Statewide. The staff determined that Technology Pros Consulting, Inc. demonstrated the capability to provide services for the Citywide installation of Solar-Powered Smart Lighting Pole Systems.

FISCAL IMPACT:

There is no impact on General Fund as this project is funded by Park Development Fund Attachment- A-Professional Service Agreement with Technology Pros Consulting, Inc. 104
2512/026150-0001
19521427.1 a05/19/26

CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT

THE SOLAR-POWERED SMART LIGHTING POLE SYSTEM
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 27 day of May 2026 (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Technology Pros Consulting, 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 May 27, 2026 and shall end on October 31, 2026 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.

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.
105
2512/026150-0001
19521427.1 a05/19/26 -2-

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 FIVE HUNDRED AND TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($525,000.00) 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.

Invoices shall be submitted to:

City of Adelanto
Attn: Accounts Payable
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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. 107
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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 110
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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. 112
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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. 113
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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. 114
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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 115
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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. 116
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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 118
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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 David Separzadeh (“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, Saba Engineer, Grant Administrator (“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:

Technology Pros Consulting, Inc. in
Attn: David Separzadeh
1633 Westwood Blvd
Los Angeles, CA. 90024
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: «Staff_Contact», «Staff_Title»
with a copy to:

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

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

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

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

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

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

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

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

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

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of 120
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

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

CITY OF ADELANTO
«City_Signature»
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
«Consultant_Signature_1»

«Consultant_Signature_2»

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

EXHIBIT A

SCOPE OF SERVICES
Services shall include Technology Pros Consulting, Inc. services in the amount not to exceed

FIVE HUNDRED AND TWENTY FIVE THOUSAND DOLLARS AND ZELO CENTS ($525,000.00)) as further detailed in the following page(s). [ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 123
TA B 0 1 C OV E R L E T T E R C I T Y O F A D E L A N TO · 2 6 P O L E P R O J E C T

C O V E R L E T T E R
An introduction. And a commitment.

F R O M
Technology Pros Consulting, LLC
1633 Westwood Blvd.

Los Angeles, CA 90024

AT T E N T I O N
Brenda Lopez
City of Adelanto
11600 Air Expressway · Adelanto, CA 92301

D AT E O F S U B M I T TA L
December 2, 2025
Submitted electronically prior to
the City's May 14, 2026 deadline
R E
Provide and Install 26 Solar-Powered Smart Lighting Pole Systems, City of Adelanto Technology Pros Consulting, LLC is pleased to submit our proposal for the Solar-Powered Smart Lighting Pole Systems project. We approached this opportunity with careful consideration and a strong commitment to supporting the City of Adelanto's vision for innovative, sustainable, and reliable public infrastructure. Our team understands that modern municipal projects require solutions that are not only technologically advanced, but also practical, cost-effective, and scalable for long-term community benefit.

The City deserves a consultant and technology partner who can deliver dependable smart infrastructure while maintaining clear communication, proactive planning, and efficient implementation. Technology Pros Consulting is structured to meet those expectations. Under the leadership of David Separzadeh, our team brings experience in technology integration, smart infrastructure systems, and project coordination tailored to public sector environments. We understand the importance of delivering systems that enhance public safety, improve operational efficiency, and support the City's sustainability goals.

In addition to our technical capabilities, we bring several advantages that distinguish our team. We prioritize fully integrated smart technology solutions that combine solar-powered efficiency with intelligent lighting controls, monitoring capabilities, and future-ready infrastructure compatibility. Our project management approach emphasizes transparency, responsiveness, and collaboration with City staff throughout every phase — from planning and coordination to deployment and support.

Throughout this proposal, you will see our focus on reliability, energy efficiency, and long-term value. We have structured our approach to provide the City with flexible solutions that can adapt to future growth while minimizing operational and maintenance challenges. Our commitment is to deliver a system that reflects both innovation and practicality for the residents and visitors of Adelanto.

If the City is seeking a partner who values professionalism, communication, forward-thinking technology, and dependable project execution, Technology Pros Consulting, LLC is prepared to deliver that partnership. We would be honored to support the City of Adelanto on this important initiative and are ready to begin immediately.

Respectfully submitted,

A U T H O R I Z E D R E P R E S E N TAT I V E
David Separzadeh
Technology Pros Consulting, LLC · 1633 Westwood Blvd., Los Angeles, CA 90024 213-272-5729 · [email protected]
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T E C H N O LO GY P R O S C O N S U LT I N G · I N C . P R O P O S A L R E S P O N S E · 2 0 2 6 C I T Y O F A D E L A N T O · 2 6 P O L E P R O J E C T Complete Solar-Powered
Smart Lighting Pole System.

A complete off-grid lighting & security network for Adelanto.

Twenty-six solar-powered smart lighting pole systems — designed, integrated, installed, commissioned, and monitored as one turnkey solution. Solar generation, battery storage, IoT controls, and AI-equipped 4K surveillance in a single pole. No utility tie-in, no trenching, no ongoing energy bill.

P R E PA R E D F O R

CITY OF ADELANTO

S U B M I T T E D BY
TECHNOLOGY PROS CONSULTING, INC.

D O C U M E N T
001 / RFP RESPONSE
125
0 1 AT A G L A N C E P R O J E C T · 2 6 P O L E S O L A R S M A R T L I G H T I N G

T H E P R O J E C T
Twenty-six poles. One network.

Built end-to-end.

S C A L E
26poles
Solar-powered smart lighting pole systems, fully integrated and commissioned.

P O W E R
100% off-grid
Solar generation + LiFePO₄ storage. Zero kWh draw from
the grid, ever.

R E S I L I E N C E
161mph
Full-scale tested. Cat-5 equivalent performance verified.

S U R V E I L L A N C E
4K8MP
Reolink TrackMix dual-lens AI camera with two-way audio at every pole.

S C H E D U L E
90days
From Notice to Proceed, permits, and utility clearance to commissioned.

I N V E S T M E N T
$525Kturnkey
Lump sum. Includes design, build, install, and monitoring.

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0 2 SYS T E M A N ATO M Y O N E P O L E · S I X I N T E G R AT E D L AY E R S

H O W I T ' S B U I LT
A single pole. Six systems
working as one.

Solar capture, battery storage, intelligent control, professional-grade lighting, AI surveillance, and a structural pole rated for catastrophic wind — all manufactured to spec, assembled together, and tested as one assembly.

L AY E R 0 1
Solar Module
Rich Solar 250W mono ·

21.4% efficient
L AY E R 0 2
Battery Storage
50Ah LiFePO₄ · BYD 46120
cells
L AY E R 0 3
IoT Controller
Smart controller · LoRaready · 30–48V
L AY E R 0 4
LED Heads
Jinsdon JSD-LSL · Philips ·
2 × 50W per pole
L AY E R 0 5
AI Camera
Reolink TrackMix PoE · 4K
8MP dual-lens
L AY E R 0 6
Composite Pole
25 ft above grade · direct burial
· Cat 5 tested
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0 3 L I G H T I N G L AY E R 0 4 · J I N S D O N J S D - L S L · P H I L I P S L E D

L I G H T I N G SY S T E M
Two Philips LED heads
per pole. 50,000-hour service life.

C O N F I G U R AT I O N 2 × Jinsdon JSD-LSL per pole
S T Y L E Modern street-light luminaire
L I G H T S O U R C E Philips LED, high-efficiency
L E D P OW E R 50W each (100W per pole)
E F F I CACY 140 – 160 lm/W

C O LO R

T E M P E R AT U R E
3000K – 6500K (selectable)
B E A M A N G L E 158° × 85°
O U T P U T VO LTAG E 30 – 48V
C R I 80
I P R AT I N G IP65
O P E R AT I N G T E M P −30°C to +50°C
M AT E R I A L Die-cast aluminum
L I F E S PA N > 50,000 hours
Why it matters.

Philips is the global benchmark for municipal lighting — these aren't generic LEDs spec'd to a price point.

Sealed die-cast aluminum housings and IP65 weather rating handle desert dust, monsoon rain, and the temperature swing from −30°C nights to +50°C noon.

Two heads per pole deliver a wider, more uniform photometric distribution than a single fixture — fewer dark spots, better camera image quality at night.

At >50,000 hours, each fixture runs over a decade before requiring service.

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0 4 S O L A R + S TO R A G E L AY E R S 0 1 – 0 3 · G E N E R AT I O N , S TO R A G E , C O N T R O L

P O W E R SY S T E M
Generate by day.

Store the rest.

Solar Module — Rich Solar MEGA 250 Pro Onyx
T Y P E 250W Monocrystalline (128 cells)
E F F I C I E N CY 21.4%
O P. VO LTAG E
( V M P P )

36.9V
O P. C U R R E N T
( I M P P )

6.78A

O P E N C I R C U I T

VO LTAG E

44.7V

S H O R T C I R C U I T

C U R R E N T

7.08A
D I M E N S I O N S 1540 × 760 × 30 mm
W E I G H T 12.2 kg
W I N D / S N OW LOA D 2400 Pa / 5400 Pa
Battery + Controller — BYD LiFePO₄
C H E M I S T RY LiFePO₄ (Lithium Iron Phosphate)
C E L L S BYD 46120 LFP cylindrical
C O N F I G U R AT I O N 2 × 25Ah packs
TOTA L CA PAC I T Y 50 Ah at 25.6V (≈ 1.28 kWh)
SYS T E M VO LTAG E 30 – 48V
C O N T R O L L E R IoT smart controller, LoRa-ready
CYC L E L I F E > 2,000 cycles

L I F ECYC L E

P R O F I L E
Thermally stable, no thermal runaway
M O N I TO R I N G Lifetime — diagnostics & performance tracking T E C H N O LO GY P R O S C O N S U LT I N G · I N C . 0 6 / 2 3 129
0 5 S T R U C T U R E L AY E R 0 6 · H D C O M P O S I T E P O L E · C AT 5 T E S T E D P O L E + S U R V I VA B I L I T Y
Engineered to take a Cat 5.

Tested in a wind tunnel.

The complete pole-top assembly was tested live, full-scale, to 161 mph — Cat 5 equivalent. Bracket and head configurations were each tested in turn. Every configuration passed.
161mph

T E S T E D W I N D S P E E D
Live wind tunnel, full-size assembly.

Facility maximum.

CAT 5

H U R R I C A N E E Q U I VA L E N T
Pole top, both elliptical brackets, shepherd's
crook — all passed.

7.6EPA

E F F E C T I V E P R O J E C T E D A R E A
EPA up to 7.6 sq. ft. at 150 mph design wind
speed.
25FT

A B O V E G R A D E
25 ft above grade · 5 ft direct burial · five color
finishes.

M AT E R I A L HD composite, direct burial — corrosion-immune, no rust, no rebar M O U N T I N G 2-3/8" tenon top, integrated 2-3/8" tenon, frame adaptor welded to assembly AVA I L A B L E C O LO R S Black · Bronze · White · Gray · Green C O M P L I A N C E ASTM 4923 Class 1 · AASHTO LTS-6-2013 · ANSI C136.20-2012 · 2018 IBC §1609.3.1 T E C H N O LO GY P R O S C O N S U LT I N G · I N C . 0 7 / 2 3 130
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C O N N E C T E D S E C U R I T Y
Every pole is
a set of eyes.

Imaging + Optics
CA M E R A Reolink TrackMix PoE — dual-lens 4K
S E N S O R 1/3" + 1/2.8" CMOS (dual)
R E S O LU T I O N 3840 × 2160 (8 MP) at 25 fps
L E N S f = 2.8 mm + 8 mm @ F1.6 (dual)
C O M P R E S S I O N H.264 / H.265
F I E L D O F V I E W H 104° – 38° / V 60° – 21°
ZO O M 6× hybrid zoom · auto-tracking
PA N / T I LT 355° pan, 0–90° tilt — speed adjustable
P R E S E T P O I N T S 1 Guard Point + 64 Patrol Points Detection · Audio · Network
A I D E T EC T I O N Person · Vehicle · Animal · Motion R EC O R D I N G M O D E S Motion-triggered · Scheduled · 24/7 I R N I G H T V I S I O N Up to 30 m · 2 × 850 nm IR LEDs

C O LO R N I G H T

V I S I O N
2 × 6500K spotlights · 450 lumens
DAY / N I G H T IR-cut filter with auto switching
AU D I O Two-way · built-in mic and speaker
P OW E R PoE (IEEE 802.3af, 48V) · < 12W
N E T WO R K Pole-mounted 4G LTE router · cloud-connected S TO R AG E microSD up to 512 GB + 90-day cloud
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0 7 M O N I TO R I N G I OT · L I F E T I M E V I S I B I L I T Y

A LWAY S C O N N E C T E D
The network watches itself.

Every pole reports its own status — solar generation, battery health, lighting performance, camera uptime — for the life of the system. The City sees performance, not just hardware in the ground. 0 1 · S o l a r S y s t e m
Lifetime at site
Lifetime monitoring at the site. Cloud monitoring
included for 2 years, $20/month/pole thereafter.
0 2 · C a m e r a S y s t e m
2 years included
Connectivity and monitoring services for the full
surveillance system. $20/pole/month thereafter.
0 3 · C l o u d R e c o r d i n g
Rolling 90 days
Rolling 90-day cloud retention of motion-triggered
events. Continues as long as the City is on the $20/
month/pole plan. First 2 years included.
0 4 · A l e r t s
Email + push
Person, vehicle, animal, and motion-trigger
recording. Customizable verbal alerts at the pole.
0 5 · R e m o t e A c c e s s
Anywhere, anytime
View and respond from desk, vehicle, or field — no
on-pole visit required. Included for the first 2 years; continued remote access requires the $20/month/pole
plan, otherwise on-pole visit is required for readings. 0 6 · M a i n t e n a n c e
Predict, don't react
Trend data flags failing components before they go dark.

No truck rolls for unknowns.

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F O R A D E L A N T O
Six reasons this system makes sense for the City.
0 1 · T h e H e a d l i n e B e n e f i t
No Energy Bill. Ever.

Solar generation and on-pole battery storage means zero kWh draw from the grid and zero ongoing utility cost across the lifetime of the system. The City pays once — the poles pay for themselves every month after.
0 2
Off-Grid Means Zero Trenching.

No utility tie-in, no permit chain for power conduit, no excavation through existing infrastructure. Each pole installs as a standalone unit.
0 3
Public Safety Built In.
4K AI cameras at every pole. Two-way audio. Live alerts on person, vehicle, and animal detection. Eyes on intersections the City can't staff.
0 4
Built for the High Desert.
−30°C to +50°C lighting envelope. IP65 sealing across components. Built for Adelanto's exact climate. 0 5
Survives Catastrophic Wind.

Cat 5 verified, full-scale tested. The poles will outlast the events that take grid lighting offline. 0 6 · F u t u r e - P r o o f
Smart-City Ready.

IoT controllers and 4G connectivity create a foundation other connected services — sensors, signage, public Wi-Fi, environmental monitoring — can plug into later. The infrastructure is forward-compatible by default.

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0 9 I N V E S T M E N T TOTA L L U M P S U M · 2 6 P O L E P R O J E C T

P R I C I N G
Turnkey. One number.

T O TA L L U M P S U M P R I C E
$525,000
Includes design, engineering, integration, fabrication, installation, commissioning, two years of camera connectivity with 90 days of cloud recording, and lifetime solar system monitoring.

After the included two-year camera term, ongoing camera connectivity and cloud recording are offered at $20.00 per pole per month, subject to carrier adjustment. The City may renew, transfer, or discontinue at its discretion.

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1 0 PAY M E N T S C H E D U L E T H R E E M I L E S TO N E S · L U M P S U M D I S B U R S E M E N T

H O W I T ' S PA I D
Three milestones.

Aligned with delivery.

M I L E S T O N E 0 1
70%
Mobilization
Released upon Notice to Proceed. Funds material
procurement, fabrication, and project ramp.

M I L E S T O N E 0 2
10%
Mid-Project
Released at 60% project completion. Confirms
install progress before final phase.

M I L E S T O N E 0 3
20%
Final Acceptance
Released upon final completion and City
acceptance. Aligns vendor with delivered outcome.

The schedule is structured to fund mobilization while keeping vendor accountability tied to the City's acceptance of completed work.

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1 1 WA R R A N T Y M A N U FA C T U R E R - B A C K E D · C O M P O N E N T- BY- C O M P O N E N T

L O N G -T E R M C O V E R A G E
Backed by the manufacturer.

By the component.
25YR

S O L A R PA N E L S
Manufacturer-backed
performance warranty — full
output guarantee for the life of
the contract.
10YR

L E D F I X T U R E S
Or 50,000 hours of service life.
10YR

C O M P O S I T E P O L E
Full structural warranty.
10YR

B AT T E R Y SY S T E M
LiFePO₄, BYD cell-backed.
6YR

C A M E R A SY S T E M
Extended hardware warranty.

Each component carries the manufacturer's stated warranty term. Combined, the system is engineered to deliver more than a decade of reliable service before any component reaches end-of-warranty — and most go further.

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1 2 T I M E L I N E 9 0 D AYS F R O M N T P TO C O M M I S S I O N E D

S C H E D U L E
Ninety days from go-ahead
to lights on.

From Notice to Proceed, permits, and utility clearance. Five phases, sequenced for parallel execution where possible.

P H A S E 0 1
Project Kickoff
Stakeholder alignment, site
walks, project plan finalization.

P H A S E 0 2
Engineering &
Submittals
Stamped drawings, City
submittals, approvals secured.

P H A S E 0 3
Procurement &
Fabrication
Long-lead items released; pole
assemblies fabricated and
bench-tested.

P H A S E 0 4
Installation
Direct burial, assembly mount,
electrical and IoT integration
on site.

P H A S E 0 5
Commissioning
Network handshake,
monitoring active, City
acceptance, closeout.

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1 3 T E A M L E A D I N T E G R ATO R + E X E C U T I O N PA R T N E R S

T H E D E L I V E R Y T E A M
One contract.

One accountable lead.

L E A D · I N T E G R AT I O N
Technology Pros Consulting, Inc.

Smart-systems integrator. Has supported partner organizations responsible for over 4,500 advanced systems integration and smart-technology installations across California. Multiple commercial-scale solar and infrastructure deliveries. Prior public-sector contribution to the City's skate park project — provided at no cost.

Construction execution and on-site installation will be performed by a licensed construction partner; that contractor and their insurance documentation will be confirmed at award.

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1 4 C O M P L I A N C E F E D E R A L · C A L I F O R N I A · R F P - A L I G N E D

C O N F I R M AT I O N
RFP read in full.

Terms accepted. Compliant.

Federal & California Labor Law
Confirmed compliance with all applicable federal and California labor regulations, including hour and worker protection requirements.

Prevailing Wage
Compliance with California prevailing wage requirements where applicable to the scope of work.

Insurance Requirements
All insurance coverage requirements outlined in the RFP are met. Documentation provided upon request and at award.

RFP Terms
The RFP has been reviewed in its entirety. Terms and conditions are accepted, except as specifically noted in the proposal response.

Addenda
Addendum #1, issued May 11, 2026 by Saba Engineer, P.E., has been acknowledged and incorporated into this response. See Addendum Acknowledgment page following the Closing.

Standards Compliance
Pole engineering meets ASTM 4923 Class 1, AASHTO LTS-6-2013, ANSI C136.20-2012, and 2018 IBC §1609.3.1.

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1 5 N E X T S T E P A U T H O R I Z E D C O N TA C T · T E C H N O LO GY P R O S C O N S U LT I N G

C L O S I N G
Ready when the City is.

Twenty-six poles. Ninety days. One number. A platform the City of Adelanto can build on for the next decade and beyond. "This system is engineered for the High Desert, tested
to Cat 5, and built to outlast the grid lighting it
replaces."

A U T H O R I Z E D R E P R E S E N TAT I V E
David Separzadeh
Executive · Technology Pros Consulting, Inc.

P H O N E 213-272-5729
E M A I L [email protected]
O F F I C E 1633 Westwood Blvd, Los Angeles, CA 90024
F O U N D E D 2020 · Corporation
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1 6 A D D E N D U M A C K N O W L E D G M E N T A D D E N D U M # 1 · I S S U E D M AY 1 1 , 2 0 2 6

A D D E N D A
Addendum #1 received,
reviewed, and accepted.

A D D E N D U M
No. 1

I S S U E D
May 11, 2026

I S S U E D BY
Saba Engineer, P.E. · Grant Administrator
Technology Pros Consulting, LLC acknowledges receipt of Addendum #1 issued by the City of Adelanto for the Solar-Powered Smart Lighting Pole Systems project. We confirm that all clarifications, conditions, and modifications contained therein — covering the twelve questions addressed by the City — have been reviewed, accepted, and incorporated into this proposal response.

Q 1 · P R I C I N G
Fixed-price contract — design, procurement, installation; site-condition costs included.

Q 2 · L I G H T I N G S P EC S
Proposer-recommended; full technical specs provided herein.

Q 3 · CA M E R A S
Reolink TrackMix PoE — 4K AI, 24/7 recording, remote viewing.

Q 4 · S C O P E
Complete turnkey: design, engineering, procurement, installation.

Q 5 · B O N D I N G
No bond required. Acknowledged.

Q 6 · D U E DAT E
May 14, 2026 at 5pm. Proposal submitted in advance.

Q 7 · P R O J EC T A R E A
Citywide deployment; locations to be identified post-award.

Q 8 · LU M E N C OV E R AG E
2 × 50W Philips per pole · 140–160 lm/W · selectable CCT.

Q 9 · O P E R AT I N G H O U R S
Dusk-to-dawn default; IoT controller supports scheduling.

Q 1 0 · S E N S O R S
PIR and AI motion detection; configurable per site.

Q 1 1 · 2 4 / 7 R EC O R D I N G
Continuous operation via PoE camera + on-pole 4G LTE backhaul.

Q 1 2 · N E T WO R K
Self-contained 4G LTE per pole — no City Wi-Fi required.

David Separzadeh
A U T H O R I Z E D R E P R E S E N TAT I V E · B I D D E R Technology Pros Consulting, LLC
B I D D E R · E N T I T Y N A M E
May 12, 2026

D AT E O F A C K N O W L E D G M E N T
T E C H N O LO GY P R O S C O N S U LT I N G · I N C . 1 8 / 2 3 141
A 1 A P P E N D I X · P O L E M A N U FA C T U R E R D ATA S H E E T S U M M A RY · D 5 T I 3 0 F 0 0 1 2 D ATA S H E E T · 2 5 F T H D C O M P O S I T E D I R E C T- B U R I A L P O L E D5TI30F0012
Direct-burial composite pole.

Class 1 direct-burial pole per ASTM 4923. Designed per AASHTO LTS-6-2013 with minimum safety factor 1.5 per ANSI C136.20-2012. Wind speeds defined as 3-second gust per ASCE 7-16 with velocity conversions per 2018 IBC §1609.3.1.

Geometry & Mounting
A B OV E G R A D E 25 ft (30 ft total · 5 ft direct burial) T I P D I A M E T E R 4.2" O.D.

B U T T D I A M E T E R 8 11/16" O.D.

T E N O N 2-3/8" O.D., 3-1/2" height
H A N D H O L E 2-1/2" × 5" with cover & rivet nuts
CA B L E E N T RY 2-1/2" Ø, 2'-0" above grade line
C O N S T R U C T I O N HD composite — corrosion-immune, no rust, no rebar F I N I S H E S Natural · Smooth
C O LO R S Gray · Black · Bronze · White · Green
Maximum EPA per Wind Zone (sq ft)
9 0 M P H 15.8
1 0 0 M P H 11.6
1 1 0 M P H 9.1
1 2 0 M P H 7.4
1 3 0 M P H 6.1
1 4 0 M P H 5.9
1 5 0 M P H 4.9
1 6 0 M P H 4.1
1 7 0 M P H 3.5
1 8 0 M P H 3.0
Pole top deflection shall not exceed 15% of above-ground height at maximum wind loading and maximum fixture weight. Embedment based on minimum depth recommended by ANSI C136.20-2012 §5.3 and assuming Class 2 soil or better when loaded at maximum EPA. T E C H N O LO GY P R O S C O N S U LT I N G · I N C . 1 9 / 2 3 142
A 2 A P P E N D I X · L I G H T I N G M A N U FA C T U R E R D ATA S H E E T S U M M A RY · J I N S D O N J S D - L S L D ATA S H E E T · S O L A R L E D S T R E E T L I G H T Jinsdon JSD-LSL
Philips LED luminaire.

Manufactured by Jinsdon Lighting Technology Co., Ltd. Three power tiers available; Adelanto specification deploys two 50W heads per pole.

Optical & Electrical

M O D E L JSD-LSL
L E D P OW E R R A N G E 30W–50W · 60W–100W · 110W–150W A D E L A N TO C O N F I G 2 × 50W per pole (100W total) L E D S O U R C E Philips
E F F I CACY 140–160 lm/W

C O N T R O L O U T P U T

VO LTAG E
30–48V
B E A M A N G L E 158° × 85°
C C T 3000K – 6500K
C R I 80
Mechanical & Environmental
M AT E R I A L Die-casting Aluminum
I P R AT I N G IP65
WO R K I N G T E M P E R AT U R E −30°C to +50°C
WO R K I N G L I F E S PA N > 50,000 hours
T E N O N A DA P T E R 45 mm · 52 mm · 60 mm options
N E T W E I G H T 3.2 kg (30–50W tier)
D I M E N S I O N S 436 × 200 × 32 mm (head)
S E N S O R O P T I O N PIR motion sensor available
I OT O P T I O N LoRa controller supported
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A 3 A P P E N D I X · S O L A R M O D U L E M A N U FA C T U R E R D ATA S H E E T S U M M A RY · R I C H S O L A R R S - M 2 5 0 P B D ATA S H E E T · 2 5 0 W M O N O C R Y S TA L L I N E M O D U L E Rich Solar MEGA 250 Pro Onyx
Monocrystalline solar panel.

Model RS-M250PB. 16 buss-bar / 128-cell configuration. PID-resistant, 100% EL double-inspected. Compatible with on-grid and off-grid inverters.

Electrical Data (STC)
P E A K P OW E R ( P M A X ) 250 W
P OW E R TO L E R A N C E 0 ~ +5 W
V M P P 36.9 V
I M P P 6.78 A
VO C 44.7 V
I S C 7.08 A
M A X SYS T E M VO LTAG E 1500 VDC
M A X S E R I E S F U S E 20 A
M O D U L E E F F I C I E N CY 21.4 %
Mechanical & Environmental
C E L L S Monocrystalline 182 × 45 mm · 128 cells (2 × 4 × 16) D I M E N S I O N S 1540 × 760 × 30 mm (60.6 × 29.9 × 1.2 in) W E I G H T 12.2 kg (26.9 lb)
G L A S S 3.2 mm AR-coated tempered
F R A M E Anodized aluminum alloy
J U N C T I O N B OX IP67 rated
O P E R AT I N G T E M P −40°C to +85°C
W I N D / S N OW LOA D 2400 Pa / 5400 Pa · 35 mm hail @ 97 km/h WA R R A N T Y 25-year limited output power
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A 4 A P P E N D I X · B AT T E RY C E L L S M A N U FA C T U R E R D ATA S H E E T S U M M A RY · BY D 4 6 1 2 0 L F P D ATA S H E E T · L I F E P O ₄ CY L I N D R I C A L C E L L BYD 46120 LFP
Lithium iron phosphate cell.

BYD cylindrical cell, 3.2V nominal. Adelanto deployment uses two 25Ah packs per pole for a system total of 50Ah at 25.6V (≈ 1.28 kWh).

Cell Specification
C H E M I S T RY LiFePO₄ (LFP)
F O R M FAC TO R 46120 cylindrical
N O M I N A L VO LTAG E 3.2 V
CA PAC I T Y 25 Ah (24.5 Ah nominal)
E N E R GY 80 Wh per cell
E N E R GY D E N S I T Y 175 Wh/kg
I N T E R N A L R E S I S TA N C E ≤ 3 mΩ (initial)
W E I G H T 450 g
Performance & Lifecycle
CYC L E L I F E ≥ 2,000 cycles (4,000+ at reduced DoD)
C H A R G E VO LTAG E 3.65 V
D I S C H A R G E C U TO F F 2.5 V

C O N S TA N T C H A R G E /

D I S C H A R G E
1C / 3C
P U L S E D I S C H A R G E 5C
C H A R G E T E M P E R AT U R E 0°C to +50°C
D I S C H A R G E T E M P E R AT U R E −30°C to +55°C
T H E R M A L P R O F I L E Stable — no thermal runaway SYS T E M C O N F I G U R AT I O N 2 × 25 Ah packs (8s2p · 25.6V · 50Ah) T E C H N O LO GY P R O S C O N S U LT I N G · I N C . 2 2 / 2 3 145
A 5 A P P E N D I X · C A M E R A M A N U FA C T U R E R D ATA S H E E T S U M M A RY · R E O L I N K T R A C K M I X P O E D ATA S H E E T · 4 K D U A L - L E N S P O E C A M E R A Reolink TrackMix PoE
4K dual-lens auto-zoom tracking.

Dual-lens PoE camera with 4K Ultra-HD imaging, AI-driven person/vehicle/animal detection, and integrated autotracking. Powered via PoE; cellular backhaul provided by an on-pole 4G LTE router.

Imaging · Lens · Audio
S E N S O R 1/3" + 1/2.8" CMOS (dual-lens)
R E S O LU T I O N 3840 × 2160 (8 MP) at 25 fps
L E N S f = 2.8 mm + 8 mm @ F1.6
F I E L D O F V I E W H 104°–38° / V 60°–21°
ZO O M 6× hybrid
C O M P R E S S I O N H.264 / H.265
DAY / N I G H T IR-cut filter, auto switching
I R N I G H T V I S I O N Up to 30 m · 2 × 850 nm IR LEDs C O LO R N I G H T V I S I O N 2 × 6500K spotlights · 450 lumens AU D I O Two-way · built-in mic + speaker
Pan/Tilt · Power · Network
PA N / T I LT R A N G E 355° pan · 0–90° tilt
PA N / T I LT S P E E D 2.5°–90°/s · 1.5°–60°/s
P R E S E T P O I N T S 1 Guard Point + 64 Patrol Points AU TO T R AC K I N G Yes · digital + pan/tilt
A I S M A R T A L A R M S Person · Vehicle · Animal · Motion P OW E R PoE IEEE 802.3af, 48V active · < 12W
S TO R AG E microSD up to 512 GB · 90-day cloud included W E AT H E R P R O O F IP65 · −10°C to +55°C
W E I G H T / S I Z E 1.21 kg · 228 × 147 × 110 mm
WA R R A N T Y 2-year limited (extended to 6 yr per system) T E C H N O LO GY P R O S C O N S U LT I N G · I N C . 2 3 / 2 3 146

FOOTBALL FIELD AT MARCONI PARK
STAFF RECOMMENDATION:

Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Blue Builders, Inc., in the amount of $400,000 for the installation of artificial turf at football field at Marconi Park, authorizing the City Manager to sign the agreement on behalf of the City Council, and approve the determination that the Bellflower Park Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the applicable CEQA Guidelines and authorize the filing of a Notice of Exemption (NOE).

BACKGROUND:

The existing football field at Marconi Park has deteriorated due to age and heavy use, resulting in uneven playing surfaces and safety concerns for users. Replacing the field will improve player safety, enhance playability, and ensure the facility meets current recreational standards. The upgrade will also support increased community use and extend the long-term lifespan of the park’s amenities.

DISCUSSION:

On February 26, 2026, a Request for Proposals (RFP) to provide services for Marconi Park Improvements including installation of artificial turf at football field was released and made publicly available on the electronic plan room and City’s website. On April 9,2026, two (2) proposals were received from the following firms:

No. Firm Location
1 Blue Builders, Inc. Los Angeles
2 Infrastructure Architects, Inc. Irvine
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 Blue Builders, Inc. met the City requirements. Blue Builders, Inc. has an extensive experience and successfully completed similar projects for numerous cities Statewide. The staff determined that Blue Builders, Inc. demonstrated the capability to provide services for the installation of artificial turf at football field at Marconi Park Project.

Staff recommends City Council approve the award of a Professional Service Agreement (PSA) with Blue Builders, Inc., in the amount of $400,000 for the installation of artificial turf at football field at Marconi Park, authorizing the City Manager to sign the agreement on behalf of the City Council, and approve the determination that the Bellflower Park Project is categorically exempt from the California Environmental 147
Quality Act (CEQA) pursuant to the applicable CEQA Guidelines and authorize the filing of a Notice of Exemption (NOE).

FISCAL IMPACT:

There is no impact on General Fund as this project is funded by Park Development Fund Attachment- A-Professional Service Agreement with Blue Builders, Inc. 148
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CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT

INSTALLATION OF ARTIFICIAL TURF AT FOOTBALL FIELD AT

MARCONI PARK
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 27 day of __May________, 2026 (“Effective Date”) by and between the CITY OF ADELANTO, a California municipal corporation, (“City”) and Blue Builders, 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.

1.1 Term of Services. The term of this Agreement shall begin on May 27, 2026 and shall end on August 31, 2026 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.

1.4 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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SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed FOUR HUNDRED THUSAND DOLLARS ($400,000) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount 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 shall be submitted to:
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City of Adelanto
Attn: Accounts Payable
11600 Air Expressway
Adelanto, CA 92301

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. 151
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SECTION 3. FACILITIES AND EQUIPMENT.

SECTION 4. INSURANCE REQUIREMENTS.

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.

Installation Of Artificial Turf at Football Field at Marconi Park. 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 154
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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.

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.

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. 156
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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.

7.3 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. 157
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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. 158
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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.

7.6 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 159
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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.

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

SECTION 9. KEEPING AND STATUS OF RECORDS.

SECTION 10. MISCELLANEOUS PROVISIONS.

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.

10.5 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 162
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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, 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:

Blue Builders, Inc.

Attn: Cole Chesney
11150 W Olympic Blvd
Los Angels, CA. 90064
Any written notice to City shall be sent to the Contract Administrator at:

City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: «Staff_Contact», «Staff_Title»
with a copy to:

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

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

10.13 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.

10.16 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.

10.18 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 164
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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
Blue Builders, Inc.

«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 INSTALLATION OF ARTIFICIAL TURF AT FOOTBALL FIELD AT MARCONI PARK services in the amount not to exceed Four Hundred Thousand Dollars($400,000) as further detailed in the following page(s). [ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 167

CITY OF ADELANTO REQUEST FOR PROPOSALS FOR
Professional Services Related to the
The Marconi Park Improvements
RFP Release Date:

Wednesday, February 26, 2026
Proposals Due:

Wednesday, March 25, 2026, at 5 pm.
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2 I. PURPOSE
The City of Adelanto (City) is requesting proposals from qualified consultants to provide services for the Marconi Park Improvements Project. The project includes parking lot pavement, installation of artificial turf athletic fields, field striping, and sidewalk sealing.

The City seeks a consultant with demonstrated experience in municipal park and site improvement projects. The selected contractor will work in coordination with City staff to deliver the project in accordance with plans, specifications, and applicable construction standards.

The work performed by the selected consultant will be provided on a task order basis. Each task order will be pre-authorized by the City’s representative on an as-needed basis with a detailed task order scope and a specific task order budget and schedule for completion. Proposals shall conform to the provisions set forth herein. The objective is to enter an initial one (1)-year Contract which may be extended annually by the City at its discretion. Conversely, the City shall retain the right to terminate the Contract without cause during a budgetary Fiscal Year (July 1 – June 30).

The City contact (Contact) for this Request for Proposal (RFP) is the sole point of contact for this procurement. All communication shall be in writing and submitted to the Contact as designated below. Consultants are not permitted to communicate with other City staff or officials about this RFP, except during pre-proposal meetings and/or interviews, unless otherwise directed by the Contact. Direct written questions and/or correspondence related to this RFP to:

Brenda Lopez, City Clerk
E-mail: [email protected]
Consultants/ contractor interested in participating in this RFP should immediately provide the Contact with a telephone number, fax number, and an e-mail address for dissemination of addenda and/or supplemental information, as applicable. Failure to provide said contact information may result in late notifications and/or incomplete proposals. (See Section V for proposal submittal address).

A. Deadline for Submitting Questions
Any questions regarding the RFP must be submitted to the Contact referenced above no later than March 11, 2026. Reference the RFB Title when making inquiries.
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3 B. RFP Schedule
Request for Bidders Released...................................... February 26, 2026 Deadline for Submitting Questions ............................... March 11, 2026 Deadline for Submitting Proposals* ..........................March 25, 2026 *See Section 5 ‘Proposal Submission’ for additional details.

II. BACKGROUND
The City of Adelanto (City), California, with a population of 37,941, is located in the High Desert within the Victor Valley region of the Mojave Desert and is situated along the Highway 395 corridor. As the City continues to invest in community amenities, improvements to recreational facilities have become a priority.

Marconi Park, located at 18245 Verbena Rd, Adelanto, CA 92301, serves as a key recreational asset for residents and youth sports programs. The City is planning upgrades to enhance safety, usability, and the long-term durability of the park’s athletic facilities and supporting infrastructure.

The project includes improvements to parking areas, athletic fields, and pedestrian pathways to enhance accessibility and support increased community use. Consultant / Contractor needs to assess the scope of improvements, provide detailed description and do the construction.

III. SCOPES OF SERVICES
The selected consultant / contractor shall furnish all labor, materials, equipment, and incidentals necessary to complete the Marconi Park Improvements Project.

The general scope of work includes, but is not limited to, the following:

A. Project Management and Meetings
The consultant / contractor shall provide overall project management, including scheduling, coordination with City staff, and construction progress reporting.

The consultant / contractor shall:
• Attend a project kickoff meeting
• Provide a project schedule including assessment and construction • Participate in periodic progress meetings as required by the City • Submit monthly progress updates with invoices
• Coordinate inspections and approvals
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4 B. Parking Lot Pavement
• Removal and disposal of existing deteriorated pavement as required • Subgrade preparation and compaction
• Asphalt paving or overlay
• ADA compliance upgrades as required
• Pavement striping and markings
C. Artificial Turf Athletic Field Installation
• Removal and disposal of existing turf
• Site grading and base preparation
• Provide multiple synthetic turf option for City approval • Installation of synthetic turf system
• Infill and shock pad
• Drainage improvements as needed
• Installation of goals, accessories, and anchoring systems D. Field Striping
• Athletic field layout and striping
• Multi-sport markings as required
• Compliance with applicable sports standards
E. Sidewalk Improvements
• Cleaning and preparation of concrete surfaces
• Crack sealing and minor repairs
• Application of protective sealant
F. Deliverables
The contractor shall provide:
• Consultant / construction schedule
• Shop drawings and product data
• Complete park improvements in placed
• As-built drawings
• Final completion report
IV. PROPOSAL FORMAT
The proposal shall consist of two parts; a Technical Proposal and a Fee Proposal. Proposals must be typed or printed legibly in ink. Mistakes may be crossed out with corrections typed or written adjacent thereto and initialed in ink 171
5 by the individual(s) signing the proposal.

Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFB.

Emphasis should be concentrated on conformance to the RFB instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

Each section of the Technical Proposal shall be tabbed by the numbering system shown below.

A. Technical Proposal
Table of Contents
Clearly identify all material contained in the Technical Proposal by tabbed section, sub-section, and page number. All pages of the Technical Proposal, including enclosures, attachments, exhibits, or any other supplemental information must be clearly and consecutively numbered and tabbed accordingly.

Tab 1 - Cover Letter
The Cover Letter shall be on company letterhead, signed by a duly authorized officer, employee, or agent of the Consultant / Contractor. The Cover Letter shall include the following information:
a. A statement that the Proposal is submitted as a response to this RFP. b. An introduction of the Consultant / Contractor including: legal name; address and telephone number of office headquarters, along with the local office; type of business entity [sole proprietor, partnership, or corporation (including state of incorporation)]; and date founded. c. A brief discussion of general background and qualifications and a description of any special knowledge or capabilities material to the services requested in the RFP. Be sure to include whether the Consultant/ Contractor has done work for the public sector. d. A statement addressing any proprietary information that might be contained in the Proposal, in accordance with Section VII, Paragraph

10. e. Indicate which individual(s) by name, title, address, and telephone number are authorized to negotiate and execute an Agreement with the City on behalf of the Consultant.
f. A statement that Consultant/ Contractor has read and understands the RFP in its entirety, including, without limitation, the scope and nature 172
6 of the work, all appendices, attachments, exhibits, schedules, and addendum, as applicable. Should the Consultant have any objections to the RFP, they must be clearly stated in the Cover Letter, specifically referencing the section number, paragraph, and page number of the objection. However, making an objection does not relieve the Consultant from complying with the requirements of the RFP. g. A written statement confirming compliance with California labor laws and applicable employment regulations.

Tab 2 - Executive Summary
Provide an executive summary, which gives in brief, and concise terms, a summary of the Proposal.

Tab 3 - Approach to the Scope of Work
Provide a compendium of the issues from the Consultant's perspective.

Describe the proposed approach and methodology to performing the work.

Information should demonstrate the Consultant's:
a. Knowledge of the subject area;
b. Knowledge of the technical and functional needs;
c. Proposed strategy to accomplish the work; and
d. Issues pertinent to this RFP that are not addressed in Attachment A, Scope of Work; and
Tab 4 – Consultant Team
Identify the principal staff and support staff who will be performing the work required, and be on City Hall premises on a weekly basis. Include an organizational chart if necessary. Provide a work history resume for each of the staff, including applicable training, licensing, and/or certifications, descriptions of projects worked upon, dates, project costs, and duties performed by the individual on the projects.

Tab 5 - Consultant References
Provide a minimum of two (2) references of recent demonstrated experience in providing consulting services similar in nature and size to the Scope of Work, and include any government references. Provide a short description of the work performed, dates of service, names, addresses, telephone numbers, fax numbers, locations, remedies, and contract amount.

Tab 6 - Addenda
Include signed addenda in chronological order, as applicable. 173
7 B. Fee Proposal
The Fee Proposal shall be emailed to
[email protected]
The elements of the Fee Proposal shall include, but not be limited to the following:

Lump Sum or an hourly rate whatever is applicable and reimbursement schedule, valid for the entire contract period, for each classification of firm personnel assigned and for each classification of anticipated reimbursements, as follows:

1. Company Title

2. Staff Person Name

3. Professional Certifications (if any)

4. Standard Hourly Billing Rate*

5. Consultant / Contractor needs to provide performance bond for 100% of the construction amount
*Standard Hourly Billing Rates shall be based upon a 7:00AM - 6:00PM work schedule typical to a 4/40 work week. Construction activities should be on prevailing wages V. PROPOSAL SUBMISSION
The deadline for submitting a proposal electronically is 5:00 pm on March 25, 2026.

Any proposals received after this time will not be accepted.

The Technical Proposal should be signed. Technical and fee proposals should be submitted electronically via email at
[email protected]
Faxed proposals will not be accepted.

VI. SELECTION PROCESS
A. Evaluation
Fee Proposals will remain sealed and held until all responsive Technical Proposals are evaluated and ranked. The evaluation process will be as follows:

1. A panel designated by the City will perform an evaluation and assign a score to each responsive Technical Proposal.
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8 2. Interviews may be conducted by a panel designated by the City at its discretion with the three top ranked consultants. Upon the conclusion of the interviews, the panel will evaluate the participating Consultants and assign an interview score to each.

3. Once the ranking of the Consultants has been determined, the Fee Proposals of the top three ranked firms will be opened by the Contact or his/her designee. Thereafter, the City may begin negotiations (if required) with the Consultant obtaining the highest combined score. Should negotiations with the highest ranked Consultant fail, the City will cease further efforts in reaching an Agreement and commence negotiations with the Consultant who received the next highest score. The City will continue negotiations with Consultants in order of the next highest ranking until negotiations are successful.

4. Upon selection of the successful Consultant, City staff will make recommendations for award to the City Manager and City Council.

Award of this service is subject to City Council approval.

5. The selection process will conclude upon execution of a Professional Services Agreement ("PSA"). The selected
Consultant will be required to execute a PSA in the form as prescribed by the City, and to comply with all terms and conditions contained therein.

B. Selection Criteria
Proposals will be evaluated against the criteria listed below:

1. Understanding (30%): Understanding of the Scope of Work; demonstrated knowledge of the work; identification and knowledge of Federal, State, County, City, and other agency requirements, as applicable to the requested services.

2. Approach (20%): The methodology and systems reflecting the ability to provide the requested services; thorough discussion of objectives; sensitive approach to public and regulatory concerns; management, coordination of services and quality controls; attention to detail and creativity.

3. Experience (35%): The technical expertise and professional competence in areas directly related to this RFP; for each proposed candidate required number of years of experience in performing similar work; demonstrated ability to manage and coordinate the services, deliver quality products/services, be a reliable service 175
9 provider, stay within budget, and meet deadlines; level of experience and training of key personnel assigned, including sub-consultants, if applicable; strength and stability of the firm; breadth and depth of resources.

4. References (15%): References will be verified and all responses considered.

VII. QUESTIONS& NON-MANDATORY SITE VISIT
All questions regarding this RFP shall be submitted by email to: Brenda Lopez, via email at: [email protected], no later than 5 pm on March 11, 2026.

A non-mandatory site visit is available on Thursday, March 12, 2026 at 10 am at Marconi park located at 18245 Verbena Rd, Adelanto, CA 92301. Please email [email protected] to register no later than two days before the site visit.

VIII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal at CITY’s sole discretion. Any and all costs incurred in the preparation and presentation of this submittal shall be borne solely by the respondent. All submittals received shall become the property of CITY and will not be returned.

Proposals must be submitted electronically to [email protected]; files larger than 15MB may not be delivered.

IX. REVIEW OF AGREEMENT FOR PROFESSIONAL SERVICES
The CITY Agreement for Professional Services is attached for review and comments. Please indicate if the proposed agreement is acceptable to your firm and, if not, what specifically is not acceptable with your firm's proposed changes.

X. GENERAL ADMINISTRATIVE INFORMATION

1. Each respondent understands and agrees that CITY, its departments, their officers, employees or agents shall not be liable for:
a) Any costs incurred by a respondent in the preparation, delivery or presentation of a proposal.
b) Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with CITY; and
c) Any errors, inaccuracies or misstatements related to the information or data supplied to any consultant by CITY. The use of such information or data provided by CITY, its officers, employees or agents is intended to be used at the sole discretion and risk of the firm in the preparation of a proposal pursuant to this RFP only. 176
10 2. The selected firm shall comply with any and all applicable Federal and State laws pertaining to employment.

3. CITY reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.

4. CITY reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive minor irregularities and technical defects in this proposal process. CITY reserves the right to seek new proposals when it determines that it is in the best interest to do so.

XI. AUTHORITY TO WITHDRAW
CITY reserves the right to withdraw this RFP without prior notice. CITY makes no representation that any agreement will be awarded to any firm as a result of having responded to this request. CITY expressly reserves the right to reject any and all proposals in response to this RFP without indicating a reason for such rejection. All costs incurred in the preparation of the proposal, submission of information and/or selection of a proposal prior to the award and/or execution of a signed contract shall be borne by respondent. All proposals submitted to CITY in response to this RFP shall become the property of CITY, shall be considered public information, and will not be returned.

XII. AWARD CONTRACT
It is the intent of CITY to award a contract to only one firm, but may choose to award to more than one firm. The contract will be based upon the negotiated specific rates of compensation.

ATTACHMENTS
Exhibit A –Current Marconi Park Location
Exhibit B – Professional Services Agreement
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11 EXHIBIT A
Current Marconi Park Location
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EXHIBIT B

CITY OF ADELANTO

PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT C
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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.

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.

Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services 9th April 2026 2026
BLUE BUILDERS INC.
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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.

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
11600 Air Expressway
Adelanto, CA 92301
One million five hundred thirty thousand dollars. ($1,530,000.00) 182
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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.

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.

FACILITIES AND EQUIPMENT.

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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.

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.

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 184
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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.

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; 185
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(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 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.
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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.

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.

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 187
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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.

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 188
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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.

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. 189
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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 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.
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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.

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.
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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.

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.

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.
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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.

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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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.

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 194
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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
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.

BLUE BUILDERS INC.
[email protected]
310-497-3927
Los Angeles, CA, USA
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__________________________________________
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 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 196
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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.

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

CITY OF ADELANTO
«City_Signature»
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
«Consultant_Signature_1»

«Consultant_Signature_2»

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

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 The Marconi Park Improvements
One million five hundred thirty thousand dollars. ($1,530,000.00) 199
LOS ANGELES, CALIFORNIA - TELEPHONE: 310-218-5129 - EMAIL [email protected] BLUE BUILDERS INC.

COST BREAKDOWN PROJECT FOR:

Adelanto, CA 92301
Date: April 9, 2026

CONSTRUCTION ITEMS BUDGET AMOUNT
1 General Conditions $200,000.00
2 Parking Lot $180,000.00
3 Athletic Field $900,000.00
4 Field Striping $70,000.00
5 Sidewalk $120,000.00
6 Deliverables $60,000.00
7 8
9 10
11 12
13 15
16 17
18 19
20 21
22 23
24 25
TOTAL BID AMOUNT …. $1,530,000.00
200
Professional Services Related to the
The Marconi Park Improvements
March 17, 2026
ADDENDUM #1
The attached constitutes additional information and serves to clarify issues considered to be part of the City of Professional Services Related to The Marconi Park Improvements. 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.

Should you have any questions, please feel free to contact Saba Engineer, P.E., email:
[email protected]
To all prospective bidders:
• Proposals Due date has been extended to Thursday, April 9, 2026 at 5 PM.
• Deadline for submitting questions has been extended to Monday, March 30, 2026
• Scope of Services has been modified to include Adelanto Plaza & Event Center located at 12000 Stadium Way to provide services identified in the RFP under Section III Scope of Services. ____________________________________
Saba Engineer, P.E., Grant Administrator
Receipt acknowledged and conditions agreed to this _______ day of ___________2026.

Proposer: _________________________________________________ By: __________________________________________________

COLE CHESNEY
BLUE BUILDERS INC.
23rd March
201

Adelanto City CouncilMay 27, 2026

Adelanto City Council
May 27, 2026