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
July 8, 2026
City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Stevevonna Evans, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Stadium
Conference Room
12000 Stadium Way,
Adelanto CA, 92301
Open Session: 11:00 a.m.
NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.
The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at https://watch.adelantoca.gov and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference: https://meet.adelantoca.gov
Or Telephone:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
July 8, 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
July 8, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Evans ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:
FLAG SALUTE: ______________________
1. City Manager to announce if there is any addition/removal of items from the agenda.
C. APPROVAL OF AGENDA
M__________________S__________________ACTION___________ D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS
A. CALL TO ORDER—REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
July 8, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. PUBLIC COMMUNICATIONS
PUBLIC COMMENT: OPEN: CLOSED:
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not act on an item not appearing on the agenda
H. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.
MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED
1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Approval of meeting minutes: May 27, 2026 – Regular Meeting June 10, 2026- Regular Meeting
3. Receive and file the Commercial & Residential Monthly Report-May 2026.
4. Approve Amendment No. 1 to the Cannabis Compliance Management Services Professional Services Agreement with HOsequio LLC in the amount of $300,000 for two years.
5. Change Order No. 1 to the Professional Service Agreement at Marconi Park with Blue Builders, Inc. for additional cost to provide seating and striping at the field in the amount not to exceed $108,000.
6. Approval of Amendment No. 6 to the as needed Building and Safety Services Contract to Bowman Consulting Group (Infrastructure Engineers).
7. Approval of Warrant Demand Schedule 26/27-01-01
a. City of Adelanto Check Warrant No. 151958 through 151988 in the total amount of $ 97,695.26.
b. City of Adelanto EFT No. 4259 through 4271, and No. 5614 through 5697 in the amount of $ 2,408,352.66.
4 REGULAR MEETING
July 8, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M__________________ S__________________ ACTION______________ I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
MOTION APPROVING THE APUA 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 APUA Resolutions 26-04 and 26-05 to Authorizing the Executive Director to sign on behalf of the Authority.
RESOLUTION NO. APUA 26-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC
UTILITY AUTHORITY AUTHORIZING THE EXECUTIVE DIRECTOR TO APPLY
FOR STATE WATER RESOURCES CONTROL BOARD GRANTS
RESOLUTION NO. APUA 26-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC
UTILITY AUTHORITY AUTHORIZING REIMBURSEMENT FOR STATE WATER
RESOURCES CONTROL BOARD GRANTS
J. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:
1. TAX MEASURE - PLACEMENT OF TRANSACTIONS AND USE TAX (LOCAL SALES TAX) MEASURE ON THE NOVEMBER 3, 2026, BALLOT. (JOY)
RECOMMENDATION: Staff respectfully recommends that the City Council take the following actions:
1. Adopt Resolution No. 26-37, a Resolution of the City Council of the City of Adelanto, California, ordering that the City of Adelanto Services Measure be submitted to the voters at the November 3, 2026, General Municipal Election; requesting the assistance of the County of San Bernardino in connection with that election; and requesting that the election be consolidated with the statewide general election being held on that date; and 5 REGULAR MEETING
July 8, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
2. Introduce Ordinance No. 666, an Ordinance of the City Council of the City of Adelanto adding Chapter 3.70 (Transactions and Use Tax) to Title 3 (Revenue and Finance) of the Adelanto Municipal Code to impose a one percent (1%) transactions and use tax to be administered by the California Department of Tax and Fee Administration.
M__________________S__________________ACTION_________________ PUBLIC COMMENT: OPEN: CLOSED:
2. DESIGNATION OF VOTING DELEGATES AND ALTERNATES LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO, SEPTEMBER 23-25, 2026, ANAHEIM CONVENTION CENTER. (VIRGINIA)
RECOMMENDATION: Staff recommends that the City Council select a Delegate and Alternate for the League of California Cities Annual Conference.
M__________________S__________________ACTION__________________ PUBLIC COMMENT: OPEN: CLOSED:
3. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH BLUE BUILDERS, INC. FOR THE PARKING LOT REHABILITATION 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 $120,000 for the Parking Lot Rehabilitation at Marconi Park and authorizing the City Manager to sign the agreement on behalf of the City Council.
M__________________S__________________ACTION__________________ K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner. 6 REGULAR MEETING
July 8, 2026
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on July 22, 2026, at 11:00 a.m. at Adelanto Stadium 12000 Stadium Way, Adelanto CA, 92301.
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 JULY 1, 2026, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, IN ADELANTO, CALIFORNIA.
Brenda Lopez, City Clerk, CMC
N. DECLARATION OF POSTING
7 REGULAR MEETING
July 8, 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 8 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
JULY 8, 2026
All of our meetings are streamed live at https://watch.adelantoca.gov and are also available for playback after the meeting.
Participate via zoom please log in using any of the options below:
Teleconference https://meet.adelantoca.gov
TIME TELECONFERENCE
Location:
Conference Room
12000 Stadium Way
Adelanto CA, 92301 To Participate and and Call in for public comments:
Please call 1-669-900-6833 along with
conference code 931 4644 4676 Passcode: 7601
Open Session – 11:00 a.m.
Dated: July 1, 2026 Brenda Lopez, City Clerk, CMC
9 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
May 27, 2026
A. CALL TO ORDER – CLOSED SESSION
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday, May 27, 2026, via teleconference 1-669 -900-6833 Webinar ID: 931 4644 4676 Passcode: 7601 of the Governmental Center located at 11600 Air Expressway, Adelanto, California.
Mayor Reyes called to order the Closed Session meeting at 10:00 a.m.
Deputy City Clerk conducted roll call.
Present:
• Council Member Stevevonna Evans
• Council Member Angelo Meza
• Council Member Amanda Uptergrove
• Mayor Pro Tem Daniel Ramos
• Mayor Gabriel Reyes
B. DELETIONS / ADDITIONS TO AGENDA
City Manager Flores requested to remove one case from Closed Session item # 5.
City Manager Flores requested Item No. 2 under New Business regarding fireworks organizations eligibility be removed and continued to the next City Council meeting.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to approve the agenda.
Motion carried 5-0 (Evans, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voted yes). 10 City Council Minutes
Regular Meeting
May 27, 2026
2 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
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) (REMOVED)
E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
Mayor Reyes opend Public Comment at 10:01 a.m.
Mayor Reyes closed Public Comment at 10:01 a.m.
11 City Council Minutes
Regular Meeting
May 27, 2026
3 F. CONVENE INTO CLOSED SESSION
At 10:01 a.m.
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to convene into closed session.
Motion carried 5-0 (Evans, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voted yes).
G. CALL TO ORDER-REGULAR MEETING
Mayor Reyes called to order the regular session meeting at 11:02 a.m.
Deputy City Clerk conducted roll call.
Present:
• Council Member Stevevonna Evans
• Council Member Angelo Meza
• Council Member Amanda Uptergrove
• Mayor Pro Tem Daniel Ramos
• Mayor Gabriel Reyes
Invocation: Council Member Uptergrove
Flag Salute: Mayor Reyes
H. CLOSED SESSION REPORT
Todd Litfin, City Attorney stated no reportable action.
K. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Jessie Flores- Completion of the Seneca Road rehabilitation project. Upcoming Air Expressway rehabilitation project from Hey 395 to Koala Road and Adelanto Road to Hwy 395.
Chamberlain Road rehabilitation project from Hwy 395 to Koala Rd. Roundabout design at Mojave Drive and Bellflower Street. Design work for the Rancho Road and Bellflower Street traffic signal project should ne completed by the end of summer 2026. The city received 6 bids for the Bellflower Park project and is in the bid review process. Recognition of staff participation 12 City Council Minutes
Regular Meeting
May 27, 2026
4 at the SBCTA City/County Conference. Economic Development outreach at the International Council of Shopping Centers Conference in Las Vegas
L. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans- Attendance at an NLC Council meeting regarding city resilience.
Attendance at the California Contract Cities Conference. Discussions involving housing and council roles during emergencies. Recognition of the Adelanto Black Graduation event and community organizers. I also attended the Balck Grad event here at the Stadium, it was an amazing event!
Council Member Uptergrove- Attendance at the Starbucks ribbon cutting event. Behavioral Health Commission meetings and mental health awareness discussions. Recognition of New Leaf Ministries for securing USDA food distribution access
Council Member Meza- VVTA Board activities and transportation discussions. Opening of the City’s splash pad facility. Attendance at Memorial Day events honoring veterans Mayor Pro Tem Ramos- Attendance at the SBCTA City/County Conference. Opportunity Zone and AI government discussions. Participation in the SCAG Washington D.C. delegation trip.
Meetings regarding future economic development opportunities. Attendance at the Memorial Day event at the stadium
Mayor Reyes- Attendance at the City/County Conference. AI policy and technology discussions.
Meeting with Adelanto Elementary School District leadership regarding future collaboration initiatives.
M. PRESENTATIONS
None.
N. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:34 a.m. p.m.
Mrs. Dennis - The speaker thanked the City Council for their hard work and praised the progress and improvements taking place throughout Adelanto, including roadway projects and community outreach. She expressed pride in being an Adelanto resident and commended the Council for their leadership and communication with the community.
She asked about future plans to repair a remaining rough section of Bartlett Avenue between Bellflower and Verbena.
13 City Council Minutes
Regular Meeting
May 27, 2026
5 The speaker also shared updates regarding her efforts to start a charter school in Adelanto. She stated that the petition process is complete and will soon be submitted to the Adelanto School District. Through her nonprofit and partnership with Scale Leadership Academy, she is currently operating an independent study homeschool program focused on financial literacy, wellness, entrepreneurship, and self-sufficiency for youth.
She announced that the program recently secured a lease agreement with Foursquare Adelanto Church for the upcoming school year and hopes to expand enrollment while continuing to support children and families within the community.
Corbin Baxter - High Desert resident from Hesperia and representative of Buffalo Star Energy, addressed the City Council regarding a proposed EV charging infrastructure project along Highway 395. He stated that, with the continued development occurring along the corridor, he believes an EV charging rest stop would be beneficial for the City and align with climate and infrastructure goals.
Mayor Reyes closed public comment at 11:41 a.m.
O. 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 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. 14 City Council Minutes
Regular Meeting
May 27, 2026
6 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.
MOTION: Moved by Mayor Reyes seconded Council Member Meza to approve the consent as presented.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes and Evans and Uptergrove voting no on item #3).
15 City Council Minutes
Regular Meeting
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7 P. NEW BUSINESS
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
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.
City Attorney Todd Litfin presented the staff report.
City Council and the City Attorney discussed, and all questions were answered.
Mayor Reyes opened Public Comment at 11:47 a.m.
Mayor Reyes closed Public Comment at 11:47 a.m.
MOTION: Moved by Mayor Reyes seconded Council Member Evans to approve Resolution 26-
10. Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes).
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.
This item was pulled and moved to the June 10, 2026, meeting.
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. 16 City Council Minutes
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May 27, 2026
8 Saba Engineer, Grant Consultant presented the staff report.
City Council and staff discussed, and all questions were answered.
Mayor Reyes opened Public Comment at 11:55 a.m.
Diana Esmeralda- Spoke in support of the proposed lighting project and thanked the City for bringing the improvement forward. She suggested that, in certain areas, the City consider installing light shields or cones around the fixtures to direct lighting downward rather than outward. She noted concerns about lighting impacting nearby red-tailed hawks at the park near Seneca and Bellflower, as well as residential areas where existing streetlights shine into secondstory windows. Ms. Esmeralda stated that the suggested modifications could help minimize unnecessary light spill while still maintaining public safety benefits Mayor Reyes closed Public Comment at 11:57 a.m.
MOTION: Moved by Mayor Pro Tem Ramos seconded Council Member Meza to approve the Professional Service Agreement in the amount of $525,000.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes).
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.
Saba Engineer, Grant Consultant presented the staff report.
City Council and staff discussed, and all questions were answered.
Mayor Reyes opened Public Comment at 12:07 p.m.
Cynthia Fan- addressed the City Council regarding the proposed artificial turf project at Marconi Park and specifically raised concerns about the City declaring the project exempt from California environmental review requirements under CEQA.
The speaker stated that approving the exemption would mean the Council is determining the project will not cause significant environmental harm. She referenced a recent California Department of Toxic Substances Control document discussing potential environmental concerns associated with artificial turf, including PFAS chemicals and microplastic pollution. 17 City Council Minutes
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9 The speaker expressed concern that even products labeled as PFAS-free may still present environmental risks and stated that artificial turf can shed microplastics regardless of chemical composition. She advised the Council that credible evidence of potential environmental impacts may require additional environmental review under CEQA.
She requested that the Council decline the exemption determination and instead direct staff to prepare an initial environmental study before approving the project Diana Esmeralda- A public speaker expressed concerns regarding the proposed artificial turf installation at Marconi Park. The speaker stated that PFAS chemicals are already a concern in Adelanto’s water and questioned whether artificial turf could create additional environmental or health impacts due to PFAS and microplastics.
The speaker also raised concerns about the heat generated by artificial turf during high temperatures in the desert, noting past experiences where the surface became hot enough to burn exposed skin. The speaker asked whether those conditions had been considered, particularly due to football activities occurring during the summer months.
Additionally, the speaker asked whether the playground equipment that was previously damaged by fire at the park would be rebuilt as part of future park improvements.
Mayor Reyes closed Public Comment at 12:12 p.m.
MOTION: Moved by Mayor Reyes seconded Council Member Evans to approve the Professional Service Agreement in the amount of $400,000.
Motion carried 4-1 (Evans, Meza, Mayor Tem Ramos and Mayor Reyes voted yes and Uptergrove left the meeting at 12:14 p.m.).
5. DISCUSSION AND DIRECTION ON CITY EVENTS. (MAYOR PRO TEM RAMOS) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
Mayor Pro Tem Ramos and the Council discussed events they would like to have this year .
City Council and staff discussed, and all questions were answered.
Mayor Reyes opened Public Comment at 12:38 p.m.
Mayor Reyes closed Public Comment at 12:38 p.m.
The following events were approved:
• In August 2026, Movie Night and Back-to-School Backpacks • In Spetmeber 2026 Movie Night and Kickball
18 City Council Minutes
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May 27, 2026
10 • In October 2026, Harvest festival and 5k run
6. DISCUSSION ON EXPANSION OF BROADBAND SERVICES TO CITY PARKS. (MAYOR) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
Mayor Reyes asked for a donation to the Heat Football team.
Mayor Reyes and the Council discussed the donation amount.
City Council and staff discussed, and all questions were answered.
Mayor Reyes opened Public Comment at 12:48p.m.
Mayor Reyes closed Public Comment at 12:48 p.m.
The City Council agreed to donating $5,000 to the Heat Football team coming out of the Adelanto Benefit Corporation.
MOTION: Moved by Coucil Member Meza seconded Mayor Pro Tem Ramos to donate $5,000 to the Heat Football Team.
Motion carried 4-1 (Evans, Meza, Mayor Tem Ramos and Mayor Reyes voted yes and Uptergrove left the meeting at 12:14 p.m.).
7. DISCUSSION ON EXPANSION OF BROADBAND SERVICES TO CITY PARKS. (MAYOR) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
Mayor Reyes opened the item and a video presentation was shared. City Manager Flores presented.
Mayor Reyes and the Council discussed the donation amount.
City Council and staff , and the Peltbeam team discussed, and all questions were answered.
Mayor Reyes opened Public Comment at 1:05 p.m.
Mayor Reyes closed Public Comment at 1:06 p.m.
MOTION: Moved by Mayor Reyes and seconded by Mayor Pro Tem Ramos to apply for grants to expand the WiFi service.
Motion carried 4-1 (Evans, Meza, Mayor Tem Ramos and Mayor Reyes voted yes and Uptergrove left the meeting at 12:14 p.m.).
19 City Council Minutes
Regular Meeting
May 27, 2026
11 L. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
M. FUTURE AGENDA ITEMS
Council Member Meza- Would like to have the Code for the Recycling centers in the city on what they are allowed to have in the facility.
MOTION: Moved by Council Member Meza seconded by Mayor Reyes.
Motion carried 4-1 (Evans, Meza, Mayor Tem Ramos and Mayor Reyes voted yes and Uptergrove left the meeting at 12:14 p.m.).
Council Member Meza- Requesting two spots at the Stadium for City events to bring in revenue to the city’s Adelanto Benefit Corporation.
MOTION: Moved by Council Member Meza seconded by Mayor Reyes.
Motion carried 4-1 (Evans, Meza, Mayor Tem Ramos and Mayor Reyes voted yes and Uptergrove left the meeting at 12:14 p.m.).
N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 10, 2026, at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 1:09 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza adjourn the meeting.
Motion carried 4-1 (Evans, Meza, Mayor Tem Ramos and Mayor Reyes voted yes and Uptergrove left the meeting at 12:14 p.m.).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
Prepared by Deputy City Clerk Velis
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
June 10, 2026
A. CALL TO ORDER - REGULAR MEETING
The Adelanto City Council held the Regular Closed Session Meeting on Wednesday, June 10, 2026, via teleconference 1-669-900-6833 Webinar ID: 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 11:05 a.m.
Deputy City Clerk conducted roll call.
Present:
• Council Member Stevevonna Evans
• Council Member Angelo Meza
• Council Member Amanda Uptergrove
• Mayor Pro Tem Daniel Ramos
• Mayor Gabriel Reyes
Invocation: Council Member Uptergrove
Flag Salute: Mayor Pro Tem Ramos
B. DELETIONS / ADDITIONS TO AGENDA
City Manager Flores pulled item #13 BRN LLC Amendment No. 1 off the Consent Calendar and moved to the June 24, 2026, agenda.
The City Council pulled New Business item # 2 to a future agenda.
C. APPROVAL OF AGENDA
MOTION: Moved by Mayor Reyes seconded by Council Member Meza to approve the agenda.
Motion carried 5-0 (Evans, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voted yes). 21 City Council Minutes
Regular Meeting
June 10, 2026
2 G. PUBLIC COMMUNICATIONS
Mayor Reyes opened public comment at 11:08 a.m.
Javier Ortega- Representatives from Desert Community Soccer Club (DCSC) addressed the Council and expressed appreciation for the City's support of youth soccer programs at Richardson Park. Team members highlighted recent accomplishments, including league and tournament successes, and thanked the city for providing fields, equipment, storage facilities, and ongoing support.
Representatives from DCSC youth teams also spoke regarding the positive impact of the City's support on local youth athletics.
Frank Hernandez- Representing Adelanto Little League, announced the upcoming District Tournament and invited the community to attend.
Mayor Reyes closed Public Comment at 11:21 a.m.
D. CITY MANAGERS ANNOUNCEMENTS AND REPORTS
City Manager Jessie Flores- Introduction and welcome of new Adelanto Police Captain Sean Strubing. Air Expressway Rehabilitation Project, approximately $3 million in roadway improvements funded through Measure I and transportation funds. Progress on the CarMax Service Center project, a $120 million private investment expected to generate approximately 400 jobs. Status of the Mileski industrial project consisting of approximately 5 million square feet of warehouse and logistics development with an estimated 2,000 jobs. upcoming Marconi Park Turf Replacement Project scheduled for completion by late summer.
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
Council Member Evans- Council Member Evans addressed concerns regarding public comments and social media posts involving her family, emphasizing that children should remain outside of political disputes and public criticism.
Council Member Uptergrove- Council Member Uptergrove welcomed attendees and expressed appreciation for community involvement, youth participation, and the positive activities occurring throughout the city.
Council Member Meza- Adelanto High School graduation ceremonies. School promotion ceremonies. New local business visits. Community events including Detour Car Show. Mojave Air Quality Management District activities. Grand opening of the Adelanto School District 22 City Council Minutes
Regular Meeting
June 10, 2026
3 swimming pool. Council Member Meza also commended staff for attracting economic development projects and future job opportunities to Adelanto.
Mayor Pro Tem Ramos- SBCTA Measure I Ad Hoc Committee activities. Mojave Desert and Mountain Recycling Authority meetings. National webinar participation regarding environmental and public health issues. Regional transportation and SCAG meetings. Election as Vice President of the San Bernardino County Transportation Authority (SBCTA). Mayor Pro Tem Ramos highlighted the importance of Measure I funding for transportation projects throughout Adelanto.
Mayor Reyes- Mayor Reyes congratulated Mayor Pro Tem Ramos on his election as SBCTA Vice President and discussed recent international travel to Samoa, where opportunities for future partnerships and economic development discussions occurred. The Mayor also expressed support for Council Member Evans regarding her comments on protecting children from political attacks.
H. 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 City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.
2. Receive and file the Burrtec Monthly Commercial & Residential Report- April 2026
3. Approve amendment No. 6 to Waste Disposal Agreement No. 04-321 with the County San Bernardino and authorize the City Manager to sign and execute the Amendment.
4. Approval of the Fiscal Year 2026-2027 (FY 2026-27) Amendment No. 10 for City Fire Protection and Emergency Medical Services provided by the San Bernardino County Fire Protection District and authorize the City Manager to execute the Amendment.
5. Approval of E3P3 Resolution 26-24 by Source Global Imagined.
RESOLUTION NO. 26-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, ON BECOMING A
N E3P3 CITY SUPPORTED BY SOURCE GLOBAL IMAGINED
23 City Council Minutes
Regular Meeting
June 10, 2026
4 6. Approve Resolutions 26-12, 26-13 and 26-14 related to the levy and collections of assessments for the Adelanto Landscape Maintenance Assessment District No. 1 for Fiscal Year 2026/2027.
RESOLUTION NO. 26-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS
FOR THE CITY OF ADELANTO LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2026/2027, AND ORDERING THE PREPARATION OF AN ENGINEER’S REPORT IN
CONNECTION THEREWITH
RESOLUTION NO. 26-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED
TO THE CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2026/2027
RESOLUTION NO. 26-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, FOR THE PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL REPORT REGARDING THE
CITY OF ADELANTO LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 01; AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2026/2027
7. Approve Resolutions 26-15, 26-16, and 26-17 related to the levy and collections of assessments for the Adelanto Streetlight Maintenance Assessment District No. 1 for Fiscal Year 2026/2027.
RESOLUTION NO. 26-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS
FOR THE CITY OF ADELANTO STREETLIGHT MAINTENANCE
ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2026/2027, AND ORDERING THE PREPARATION OF AN ENGINEER’S REPORT IN
CONNECTION THEREWITH
24 City Council Minutes
Regular Meeting
June 10, 2026
5 RESOLUTION NO. 26-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED
TO THE CITY OF ADELANTO STREETLIGHT MAINTENANCE
ASSESSMENT DISTRICT NO. 01, FOR FISCAL YEAR 2026/2027
RESOLUTION NO. 26-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, FOR THE PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL LEVY REPORT REGARDING
THE CITY OF ADELANTO STREETLIGHT MAINTENANCE ASSESSMENT DISTRICT NO. 01; AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2026/2027
8. Approve Resolutions 26-18, 26-19, and 26-20 related to the levy and collections of assessments for the Adelanto Drainage Benefit Assessment District 2025-1 for Fiscal Year 2026/2027.
RESOLUTION NO. 26-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS
FOR THE CITY OF ADELANTO DRAINAGE BENEFIT ASSESSMENT
DISTRICT 2025-1, FOR FISCAL YEAR 2026/2027, AND ORDERING THE PREPARATION OF AN ENGINEER’S REPORT IN CONNECTION
THEREWITH
RESOLUTION NO. 26-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED
TO THE CITY OF ADELANTO DRAINAGE BENEFIT ASSESSMENT
DISTRICT 2025-1, FOR FISCAL YEAR 2026/2027
RESOLUTION NO. 26-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,
COUNTY OF SAN BERNARDINO, CALIFORNIA, FOR THE PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL REPORT REGARDING THE
25 City Council Minutes
Regular Meeting
June 10, 2026
6 CITY OF ADELANTO DRAINAGE BENEFIT ASSESSMENT DISTRICT 2025- 1; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
RELATED THERETO FOR FISCAL YEAR 2026/2027
9. Approval of Resolution No. 26- 21 approving and adopting the salaries and benefits for the City’s Management Employee Group.
RESOLUTION NO. 26-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ADELANTO ESTABLISHING THE SALARIES AND
BENEFITS FOR THE MANAGEMENT
EMPLOYEES OF THE CITY
10. Approval of Resolution No. 26-22 approving and adopting the salaries and benefits for the City’s Confidential/Professional Employee Group for the period of July 1, 2026, to June 30, 2027.
RESOLUTION NO. 26-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO ESTABLISHING THE SALARIES AND BENEFITS
FOR THE CONFIDENTIAL/PROFESSIONAL
EMPLOYEES OF THE CITY
11. Approval of Resolution No. 26- 23 ratifying a three-year memorandum of understanding with the Teamster Local 986 representing the City’s General Unit Employee Group.
RESOLUTION NO. 26-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ADELANTO, COUNTY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING WITH CALIFORNIA
TEAMSTERS LOCAL 986, REPRESENTING THE ADELANTO
GENERAL EMPLOYEES’ UNIT
12. Approval of Amendment No. 5 to the Professional Services Agreement with Marketing and Media Content Creation (Mad Studios) for Marketing and Media Content Creation Services in the amount of $125,000.
13. Amendment No. 1 to Professional Services Agreement with BRN LLC for Water, Sewer, and Energy related Consulting Services in the amount of $96,000. (Item was Pulled) 26 City Council Minutes
Regular Meeting
June 10, 2026
7 14. Approval of Change Order No. 1 to the Construction Contract with Blue Builders, Inc. for additional cost to provide entrance doors, extra work on ceiling and floor for remodel of City Council Chamber Project not to exceed $40,000.
15. Approval of Bid Rejection for the Bellflower Park Project.
16. Approval of Warrant Demand Schedule 25/26-12-01
a. City of Adelanto Check Warrant No. 151909 through 151921 in the total amount of $ 381,865.45
b. City of Adelanto EFT No. through 5506 and through 5546 in the total amount of $ 3,025,923.52
MOTION: Moved by Mayor Reyes seconded Mayor Pro Tem Ramos to approve the consent as presented.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes with Evans voting no on item #14).
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. Receive and file the Water Department Report.
3. Receive and file the Sewer Department Report.
MOTION: Moved by Mayor Reyes seconded Council Member Meza to approve the APUA consent calendar as presented.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes with Evans voting no on item #2).
27 City Council Minutes
Regular Meeting
June 10, 2026
8 J. ADELANTO PUBLIC UTILITY AUTHORITY PUBLIC HEARING
1. 2025 REGIONAL URBAN WATER MANAGEMENT PLAN
RECOMMENDATION: Staff recommends the City Council accept and authorize publication of the Adelanto Water Master Plan.
Chris McMahon, Water and Wastewater Manager Introduced Adriel Ramirez to present the item and the Power Point Presentation.
City Council and the Consultant discussed, and all questions were answered.
Mayor Reyes opened Public Comment at 1:47 p.m.
Mayor Reyes closed Public Comment at 1:48 p.m.
MOTION: Moved by Mayor Reyes seconded Council Member Evans to approve the 2025 RUWMP.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes).
K. NEW BUSINESS
1. 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.
Christian Espinoza, Planner presented the item.
City Council and staff discussed and all questions were answered.
Public Comment was not opened.
Below is the list of Organizations approved by the City Council for the 2026 Fireworks Stands:
• Dare U to be Different
• Adelanto Little League
• Adelanto Community Benefit Corp
• Christ the Good Shepard
• American Legion Post 229
28 City Council Minutes
Regular Meeting
June 10, 2026
9 • American Legion Auxiliary Post 229
• High Desert Devils
MOTION: Moved by Council Member Meza seconded Council Member Uptergrove to approve the list of Organizations.
Motion carried 3-2 (Meza, Uptergrove, and Mayor Reyes voted yes and Mayor Pro Tem Ramos voted no, and Council Member Evans abstained).
2. DISCUSSION ON CITY BRANDING AND LOGO REDESIGN. (MAYOR) RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
This item was pulled by the Council to a future agenda.
MOTION: Moved by Mayor Reyes seconded Mayor Pro Tem Ramos.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes).
3. DISCUSSION ON LEAGUE OF CALIFORNIA CITITES ANNUAL CONFERENCE AND CANCELLATION OF THE OF SEPTEMBER 23, 2026, COUNCIL MEETING. (MAYOR PRO TEM)
RECOMMENDATION: Staff recommends that the City Council discuss and provide feedback and direction.
Mayor Pro Tem Ramos opened the discussion
City Council and staff discussed and all questions were answered.
Mayor Reyes opened Public Comment at 1:36 p.m.
Mayor Reyes closed Public Comment at 1:36 p.m.
The Council discussed and agreed to cancel the September 23, 2026, City Council Meeting and have all 5 Council Members and the City Manager attend the League of California Cities Annual Conference in Anaheim, CA.
MOTION: Moved by Mayor Reyes seconded Council Member Meza.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Tem Ramos and Mayor Reyes voted yes). 29 City Council Minutes
Regular Meeting
June 10, 2026
10 L. ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
M. FUTURE AGENDA ITEMS
Council Member Uptergrove- Requested a Workshop for the Fireworks.
MOTION: Moved by Council Member Uptergrove seconded by Mayor Reyes.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voted yes).
Mayor Reyes- Requested a report from the Fire and Sheriff Department’s on the data they collect during the 4th of July holiday.
MOTION: Moved by Mayor Reyes seconded by Council Member Meza.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voted yes).
N. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 24, 2026, at 11:00 a.m. Mayor Reyes adjourned the regular city council meeting at 2:07 p.m.
MOTION: Moved by Mayor Reyes, seconded by Council Member Meza adjourn the meeting.
Motion carried 5-0 (Evans, Meza, Uptergrove, Mayor Pro Tem Ramos and Mayor Reyes voted yes).
_________________________
Gabriel Reyes, Mayor
_________________________
Brenda Lopez, City Clerk
Prepared by Deputy City Clerk Velis
30 CITY COUNCIL AGENDA REPORT
DATE: July 8, 2026
TO:
Honorable Mayor and City Council Members
FROM:
Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: MONTHLY COMMERCIAL & RESIDENTIAL SOLID WASTE AND
RECYCLING REPORT
STAFF RECOMMENDATION:
Receive and file.
ATTACHMENTS:
1. Burrtec’s Monthly Commercial and residential Solid Waste and Recycling Report 31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 8, 2026
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Diana Gunn, Finance Manager
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE CANNABIS COMPLIANCE MANAGEMENT
SERVICES PROFESSIONAL SERVICES AGREEMENT WITH HOBSEQUIO LLC STAFF RECOMMENDATION:
Staff recommends City Council approve amendment NO. 1 to the Cannabis Compliance Management Services Professional Services Agreement with HObsequio LLC.
BACKGROUND:
On August 27th, 2025, the City of Adelanto entered a contract with HObsequio LLC (“HObsequio”) for Cannabis Compliance Management services to administer the City of Adelanto’s (“the City”) Cannabis Tax and Fees Collection and Audit service needs. Maintaining local operators in compliance and ensuring tax and fee collection is up to date is a vital aspect of effective governance.
Fiscal impact to the city is depicted here:
HObsequio staff have successfully collected overdue taxes and secured renewals from multiple active operators, in addition to supporting the city with 22 new license applications YTD.
FISCAL IMPACT:
Annual compliance fee for 2 staff is $25,000 per month or $300,000 per year, to be charged to the general fund.
ATTACHMENTS:
A. Amendment No. 1
B. Original Contract
55 CITY OF ADELANTO
AMENDMENT NO. 1 TO
CANNABIS COMPLIANCE MANAGEMENT SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Service Agreement – Cannabis Compliance Management Services (“Agreement”) made on August 27, 2025 between the City of Adelanto (“City”) and HObseqio LLC (“Consultant”). This Amendment is made and entered into on July 8, 2026, to extend the term of the Agreement until the of the following fiscal year, June 30, 2028.
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall end on June 30, 2028, unless the term of the Agreement is otherwise terminated or extended as provided for in Section V.5.1. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section V.
3. EXHIBIT A, “Scope of Services” is amended to include the following Paragraph:
Services for FY 2026/2027 and 2027/2028 will be charged at $25,000 per month, not to exceed $300,000 per year including reimbursable expenses, and will not be adjusted for inflation.
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all which together shall constitute one agreement.
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
(Signatures on Following Page)
56 AMENDMENT NO. 1
CITY OF ADELANTO CONSULTANT
__________________________ _________________________
Jessie Flores, City Manager Cindy Koifman
Attest:
___________________________
Brenda Lopez. City Clerk
Approved as to Form
___________________________
Todd Liftin, City Attorney
57 58
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69 70
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 8, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
Saba Engineer, Grant Administrator
SUBJECT: CHANGE ORDER NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT AT MARCONI PARK WITH BLUE BUILDERS, INC. FOR ADDITIONAL COST TO PROVIDE SEATINGS AND STRIPING AT THE FIELD.
STAFF RECOMMENDATION:
Staff recommends City Council approve Change Order No. 1 in not to exceed amount of $108,000 to the Professional Service Agreement (PSA) with Blue Builders, Inc. for additional cost to provide seating and striping at the park and authorizing the City Manager to sign the change order on behalf of the City Council.
BACKGROUND:
The City Council previously approved 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.
DISCUSSION:
The sports field at Maconi Park has experienced increased use for school athletics, youth sports, tournaments, and community events, resulting in higher spectator attendance. Additional seating is necessary to provide adequate accommodations, enhance the spectator experience, and support continued community participation.
New striping is needed to clearly define playing areas, improve player safety, and ensure compliance with current athletic standards. Well-maintained field markings enhance game operations and reduce the risk of confusion during practices and competitions. Approval of the change order will allow the contractor, Blue Builders, Inc., to complete the work without delay and maintain project continuity.
Staff recommends City Council approve Change Order No. 1 in order not to exceed amount of $108,000 to the Professional Service Agreement (PSA) with Blue Builders, Inc. for additional cost to provide seating and striping at the park, and authorizing the City Manager to sign the change order on behalf of the City Council FISCAL IMPACT:
There is no impact on General Fund as this project is funded by Park Development Fund Attachment:
Change Order to the Professional Service Agreement with Blue Builders, Inc. 83 BLUE BUILDERS INC.
Los Angeles, California
CONSTRUCTION CHANGE ORDER
PROJECT NAME Marconi Park
LOCATION OF WORK 18245 Verbena Adelanto
PROJECT MANAGER Cole Chesney CLIENT City of Adelanto
REQUESTING PARTY City DATE OF REQUEST 06/15/2026
CHANGE REQUEST OVERVIEW
DESCRIPTION OF
CHANGES NEEDED
We will strip field to layout that was provided with city name in each end zone and with “A” In center of the field. Also have stencils custom made for this project and will be left for the city for future projects or re-striping as needed for maintenance. Materials and labor $42,000.00
We will be Installing six benches on the side of field. Three benches on each side each bench will be five rows deep. Materials and labor $66,000
REASON OF CHANGE
SUPPORT &
JUSTIFICATION
DOCUMENTS
SPECIFICATIONS
ADDITIONAL
INFORMATION
CHANGE IN CONTRACT PRICE
ORIGINAL PRICE $400,000.00
NET CHANGES OF
PREVIOUS CHANGE
ORDERS
NET
INCREASE/DECREASE
$108,000.00
TOTAL CONTRACT
PRICE WITH
APPROVED
CHANGES
$508,000.00
ACCEPTED BY
SIGNATURE
NAME & TITLE
DATE
CHANGE IN CONTRACT TIMES
ORIGINAL TIMES
NET CHANGES OF
PREVIOUS CHANGE
ORDERS IN DAYS
NET
INCREASE/DECREASE
TOTAL CONTRACT
TIME WITH
APPROVED
CHANGES
ACCEPTED BY
SIGNATURE
NAME & TITLE
DATE
84 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 8, 2026
TO: Honorable Mayor and City Council Member
FROM: Jessie Flores, City Manager
BY: Diana Gunn, Finance Manager
SUBJECT: APPROVE AMENDMENT SIX TO THE AS NEEDED BUILDING AND SAFETY SERVICES
CONTRACT TO BOWMAN CONSULTING GROUP (INFRASTRUCTURE ENGINEERS) STAFF RECOMMENDATION:
Staff recommends City Council approve amendment NO. 6 to the As-Needed Building and Safety Services contract with Bowman Consulting Group (Infrastructure Engineers).
BACKGROUND:
In 2022 the City of Adelanto advertised Professional Services related to Building and Safety services. On July 13th, 2022, the City of Adelanto entered a contract with Infrastructure Engineers(“IE”) for Building and Safety services to administer the City of Adelanto’s (“the City”) building and construction inspection needs. The City executed a one year extension on August 23, 2023. On October 9, 2024, the City Council approved a third amendment to the IE contract to extend the service term to June 30, 2025. Maintaining building standards and ensuring that structures adhere to the City’s prescribed regulations is a vital aspect of effective governance.
As the City anticipates continuing increased activity in areas such as housing, commercial development, solar farms, and distribution hubs, driven by ongoing economic growth, we also expect a corresponding increase in revenue through these developments. This increase to the contract value is needed to support the increased development activity in the city. Increased fees paid to Bowman are negated by increased revenue collected by the city. The net effect is $0.
FISCAL IMPACT:
No impact on the general fund. For Building and Safety, given the negotiated revenue split, planning service will not exceed $110 per hour, subject to an annual increase of five percent (5%) to account for inflation.
ATTACHMENTS:
A. Amendment 6
B. Amendment 5
C. Amendment 4
D. Amendment 3
E. Amendment 2
F. Original Contract
85 CITY OF ADELANTO
AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT – AS NEEDED, ON-CALL BUILDING
AND SAFETY SUPPORT SERVICES
This is Amendment No. 6 (“Amendment No. 6”) to that certain Professional Service Agreement – As Needed, On Call Building and Safety Support Services (“Agreement”) made on July 13, 2022, and amended via Amendment No. 1 on August 23, 2023, Amendment No. 2 on June 26 2024, Amendment No. 3 on October 9th, 2024, Amendment No. 4 on April 9th, 2025, and Amendment No. 5 on July 1st, 2025 between the City of Adelanto (“City”) and Infrastructure Engineers (“Consultant”). This Amendment is made and entered into on July 1, 2026, to extend the term of the Agreement until the of the fiscal year, June 30, 2028.
1. Capitalized terms used but not defined in this Amendment No. 6 shall have the meanings ascribed to them in the Agreement.
2. Infrastructure Engineer (IE) has completed a corporate merger with Bowman Consulting Group, Ltd. Pursuant to this merger, Bowman Consulting Group, Ltd. is the legal successor‑in‑interest to IE and assumes all duties, liabilities, and contractual obligations under the Agreement, including those set forth in Amendment No. 6. All references to ‘Infrastructure Engineer (IE)’ within the Agreement shall be deemed to refer to Bowman Consulting Group, Ltd.
3. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall end on June 30, 2028, unless the term of the Agreement is otherwise terminated or extended as provided for in Section V.5.1. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section V.
4. Section 1.2, “Scope Of Work” is amended to include the following to read as follows:
Consultant shall provide Planning Services on an as needed basis, including the assignment of qualified Counter Planner to support daily planning counter operations. The Counter Planner shall perform duties as directed by the City, including permit intake, application review, customer assistance, and related planning support services. Compensation for these services, based on one (1) 86 AMENDMENT NO. 6
full-time equivalent (FTE), shall not exceed $110 per hour, subject to an annual increase of five percent (5%) to account for inflation.
5. Section 1.4, “Compensation” is amended to include the following to read as follows:
SECTION 1.4. COMPENSATION.
City hereby agrees to pay Consultant under this Agreement for the time period from July 1, 2026, to June 30, 2028. The actual amount of compensation may not exceed 75% of fees collected by the city for the work delivered by the contractor. 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.
6. All other terms and conditions of the Agreement remain in full force and effect.
7. This Amendment No. 6 may be executed in multiple counterparts, each of which shall be an original and all which together shall constitute one agreement.
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
(Signatures on Following Page)
87 AMENDMENT NO. 6
“
CITY OF ADELANTO CONSULTANT
__________________________ _________________________
Jessie Flores, City Manager Infrastructure Engineers
Sid Mousavi, Chief Executive Office
Attest:
___________________________
Brenda Lopez. City Clerk
Approved as to Form
___________________________
Todd Liftin, City Attorney
88 89
90 91
92 93
94 95
96 CITY OF ADELANTO
AMENDMENT NO. 2 T0
PROFESSIONAL SERVICES AGREEMENT — AS NEEDED, ON-CALL BUILDING
AND SAFETY SUPPORT SERVICES
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Service Agreement — As Needed , On Call Building and Safety Support Services (“Agreement”) made on July 13, 2022, and amended via Amendment No. 1 on August 23, 2023, between the City of Adelanto (“City”) and Infiastructure Engineers (“Consultant”), which this Amendment No. 2 is made and entered into on June 26, 2024, to extend the term of the Agreement for one additional year:
1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.
Section 1.1, “Term of Services” is amended to read as follows:
E Term of Services. The term of this Agreement shall begin on July 1, 2024, and shall end on June 30, 2025, unless the term of the Agreement is otherwise tenninated or extended as provided for in Section V5.1. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section V.
SECTION 1.4, “Compensation” is amended to include the following to read as follows:
SECTION 1.4. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) (the “Annual Not-to—Exceed Sum”) 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 for the time period from July 1, 2024, to June 30, 2025. Consultant shall be paid at the same hourly rates currently being paid by the City. This Annual Not-to-Exceed Sum is merely a maximum budgeted sum authorized by the City, and the actual amount of compensation will be based upon the amount of hours worked at the current hourly rates (along with any reimbursable costs). 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.
4. All other terms and conditions of the Agreement remain in full force and effect. 97 98
CITY OF ADELANTO
AMENDMENT NO. 1 TO
AS 'NEEDED, ON CALL BUILDING AND SAFETY SUPPORT SERVICES This is Amendment No. 1 ("Amendment No. 1") to that certain AS NEEDED, ON CALL BUILDING AND SAFETY SUPPORT SERVICES ("Agreement") made on July 13, 2022, between the City of Adelanto ("City") and Infrastructure Engineers ("Consultant"), which this Amendment No. 1 is made and entered into on August 23, 2023, to EXTEND THE TERMS OF SERVICE AND INCREASE THE TOTAL COMPENSATION:
1. Capitalized terms used but not defined in this Amendment No. I shall have the meanings ascribed to them in the Agreement.
2. 1.1 TERM:
Term of Services. The term of this Agreement shall begin on July 1, 2023, and shall end on June 30, 2024, unless the term of the Agreement is otherwise terminated or extended as provided for in Section V.5.1. The time provided to consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section V.
3. 1.4 COMPENSATION:
Com2ensation. City hereby agrees to pay Consultant a sum not to exceed ONE MILLION TWO HUNDRED AND FIFITY THOUSAND DOLLARS ($1,250,000.00) notwithstanding any contrary indications that may be contained in Consultant's prnposal, 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 manlier specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
Exhibit A, "Scope of Services" is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the "Scope of Services" is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, "Scope of Services", to the Agreement is amended to read as follows:
99 EXEEBIT A
SCOPE OF SERVICES
Contractor shall provide AS NEEDED ON-CALL BUILDING AND SAFETY SUPPORT SERVICES in the amount not to exceed ONE MILLION TWO HUNDRED FIFTY THOUSAND DOLLAR ($1,250,000.00) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement . (Signatures on Following Page)
AMENDMENT NO. 1
100
CITY OF ADELANTO: CONSULTANT NAME:
By:
Name: 1ese Flores Name: Sid Mousavi
Title: City Mananer Title:_ Chief Executive Officer
Date:
APPROVED AS TO FORM:
By : /
Todd Lit -fin/City-Attorney
AMENDMENT NO. 1
By:
Date:
- 3
101
CiIyof ilostro
2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: As-Needed, On-Call Building and Safety Support Services) (Parties: Infrastructure Engineers and City of Adelanto) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 13th day of July 2022 (hereinafter, the "Effective Date") by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, "CITY") and INFRASTRUCTURE ENGINEERS, (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional building and safety support services for CITY's Building Department and building and safety related services, tasks, and activities on an as-needed, task-order basis; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills, and training necessary to competently provide such professional building and safety support services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of July 13, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through June 30, 2023 (hereinafter, the "Term"). The one-year Term of this Agreement may be annually and automatically extended by the CITY in its discretion, each year for an additional one-year extension, subject to its same terms and conditions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request 102
for Proposals of CITY entitled "REQUEST FOR PROPOSALS FOR CITY BUILDING AND SAFETY SERVICES", (hereinafter, "CITY RFP") and the written proposal of CONSULTANT entitled "PROPOSAL FOR CITY BUILDING AND SAFETY SERVICES" (hereinafter, the "CONSULTANT Proposal") dated June 6, 2022. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written task order(s) or work order(s) issued by the City Representatives (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of one of the City Representatives, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no Work under this Agreement without a written request from one of the City Representatives, containing the information set forth in Section 1.3(A), above;
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C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "FEE PROPOSAL STAFF AUGMENTATION SERVICES" (hereinafter, the "COMPENSATION RATE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted sum of Seven Hundred and Fifty Thousand dollars ($750,000) (hereinafter, the "Annual Not-to-Exceed Sum") during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Annual Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's monthly compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate 3 104
records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVE: The CITY hereby designates JESSIE FLORES, CITY MANAGER (hereinafter, the "CITY Representative") to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates SID MOUSAVI, CHIEF EXECUTIVE OFFICER, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative").
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
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A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession.
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by 5 106
CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT 6 107
will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance 7 108
coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
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3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY lndemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other 9 110
cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY lndemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the CITY lndemnitees under this Article or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this 10 111
Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this 11 112
Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
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CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.
CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
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iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT 14 115
without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
Infrastructure Engineers
3060 Saturn Street, Ste. 250
Brea CA 92821
Attn: Sid Mousavi, Chief Executive Officer
Phone: (714) 940-0100
CITY:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Brenda Lopez, City Clerk
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION: FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona 15 116
fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE:This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
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6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO: CONSULTANT NAME:
By: ,/ ---
Name: Jessie Flores Name: Sid Mousavi
Title: City Manager Title: Chief Executive Officer
Date:
APPROVED AS TO FORM:
By:
Marc Tran, City Attorney
Date:
( a , Z2_-
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EXHIBIT "A"
CITY RFP
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EXHIBIT "B"
CONSULTANT PROPOSAL
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2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: As-Needed, On-Call Engineering Support Services) (Parties: Infrastructure Engineers and City of Adelanto) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 13th day of July 2022 (hereinafter, the "Effective Date") by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, "CITY") and INFRASTRUCTURE ENGINEERS, (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional engineering support services for CITY's public works, wastewater/sewer and water, drainage structures, traffic, hydrology and street related services, tasks and activities, on an as-needed, task-order basis; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such professional engineering support services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Adelanto City Council at its Regular Meeting of July 13, 2022.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through June 30, 2023 (hereinafter, the "Term"). The one-year Term of this Agreement may be annually and automatically extended by the CITY in its discretion, each year for an additional one-year extension, subject to its same terms and conditions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT 122
agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "REQUEST FOR PROPOSALS FOR ENGINEERING SUPPORT SERVICES", (hereinafter, "CITY RFP") and the written proposal of CONSULTANT entitled "PROPOSAL FOR
ENGINEERING SUPPORT SERVICES" (hereinafter, the "CONSULTANT Proposal") dated June 6, 2022. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written task order(s) work order(s) issued by the City Representatives (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of one of the City Representatives, confirming that the services or tasks have been authorized by the City Representative. 2 123
B. CONSULTANT shall perform no Work under this Agreement without a written request from one of the City Representatives, containing the information set forth in Section 1.3(A), above;
C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "FEE PROPOSAL STAFF AUGMENTATION SERVICES" (hereinafter, the "COMPENSATION RATE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the annual budgeted sum of two Hundred and Fifty Thousand dollars ($250,000) (hereinafter, the "Annual Not-to-Exceed Sum") during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's monthly compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all 3 124
undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVE: The CITY hereby designates JESSIE FLORES, CITY MANAGER (hereinafter, the "CITY Representative") to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates SID MOUSAVI, CHIEF EXECUTIVE OFFICER, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative").
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will 4 125
be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession.
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to 5 126
correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information Any additional personnel 6 127
performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
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3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance/ Employer's Liability insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured 8 129
by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
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4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from 10 131
and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT: BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will 11 132
specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether 12 133
voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of 13 134
performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or 14 135
subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
Infrastructure Engineers
3060 Saturn Street, Ste. 250
Brea CA 92821
Attn: Sid Mousavi, Chief Executive Officer
Phone: (714) 940-0100
CITY:
City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Brenda Lopez, City Clerk
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION: FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
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6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
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6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
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(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF ADELANTO: CONSULTANT NAME:
By:
Name: Sid Mousavi
Title: City Manager Title: Chief Executive Officer
Date: • ‘s /Lp
Date:
APPROVED AS TO FORM:
By:
Marc Tran, City Attorney
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EXHIBIT "A"
CITY RFP
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EXHIBIT "B"
CONSULTANT PROPOSAL
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CITY COUNCIL AGENDA REPORT
STAFF RECOMMENDATION:
Staff recommends that City Council review and ratify Warrant Demand Schedule 26/27-01-01.
1. City of Adelanto Check Warrant No. 151958 through 151988 in the total amount of $97,695.26
2. City of Adelanto EFT No. 4259 through 4271, and No. 5614 through 5697 in the total amount of $2,408,352.66
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: 128
Total Amount of Payments: $2,506,047.92
ATTACHMENTS:
1. Payment Check Register – Check No. 151958 through 151988
2. Payment EFT Register – EFT No. 4259 through 4271, and 5614 through 5697 DATE: July 8, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Finance Department
SUBJECT: WARRANT DEMAND SCHEDULE 26/27-01-01
143
Payment Register
City of Adelanto
From Payment Date: 7/2/2025 - To Payment Date: 7/1/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
Check
151963 06/17/2026 Open Utility Management
Refund
MONTOYA, JOSE $18.65
151964 06/17/2026 Open Utility Management
Refund
PETROSYAN, ANDRANIK $337.12
151978 06/25/2026 Open Utility Management
Refund
CARPENTER, JEROME $73.55
151979 06/25/2026 Open Utility Management
Refund
DE LEON, ALBERTO $326.56
151980 06/25/2026 Open Utility Management
Refund
HAMIL OR MICHELLE
MALDONADO, JOSHUA
$212.25
151981 06/25/2026 Open Utility Management
Refund
KIM, ALEX $324.02
151982 06/25/2026 Open Utility Management
Refund
MESA PROPERTIES $171.62
151983 06/25/2026 Open Utility Management
Refund
MOORE, KAREN $227.42
151984 06/25/2026 Open Utility Management
Refund
NORIEGA PIPELINE $887.40
151985 06/25/2026 Open Utility Management
Refund
ROSAS OR TERRAY NELSON,
VIVIANA
$273.96
151986 06/25/2026 Open Utility Management
Refund
TAVERA, EILEEN OR JOSHUA $191.32
Type Check Totals: 11 Transactions $3,043.87
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
Checks Status Count Transaction Amount Reconciled Amount Open 11 $3,043.87 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 11 $3,043.87 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 11 $3,043.87 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 11 $3,043.87 $0.00
Flagstar AP - Accounts Payable
Check
151958 06/17/2026 Open Accounts Payable CALIFORNIA BUILDING
STANDARDS COMMISSION
$474.30
151959 06/17/2026 Open Accounts Payable HIGH DESERT COMMUNITY
FOUNDATION
$2,818.00
151960 06/17/2026 Open Accounts Payable LAMBSAR, SARABJIT $256.00 151961 06/17/2026 Open Accounts Payable LOPEZ, BRENDA $27.39 151962 06/17/2026 Open Accounts Payable MEZA, ANGELO $215.00 151965 06/22/2026 Open Accounts Payable CALIFORNIA BUILDING
STANDARDS COMMISSION
$1,810.80
151966 06/22/2026 Open Accounts Payable RYAN HARPER $200.00 user: Diana Gunn Pages: 1 of 2 Wednesday, July 1, 2026
144
Payment Register
City of Adelanto
From Payment Date: 7/2/2025 - To Payment Date: 7/1/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
151967 06/23/2026 Open Accounts Payable CALIFORNIA BUILDING
STANDARDS COMMISSION
$1,467.90
151968 06/23/2026 Open Accounts Payable RAMOS, DANIEL $266.97 151969 06/25/2026 Open Accounts Payable ADELANTO HEAT YOUTH
FOOTBALL AND CHEER
$5,000.00
151970 06/25/2026 Open Accounts Payable ADELANTO LITTLE LEAGUE $740.21 151971 06/25/2026 Open Accounts Payable BLUE BUILDERS, INC. $50,000.00 151972 06/25/2026 Open Accounts Payable CALIFORNIA BUILDING
STANDARDS COMMISSION
$1,918.80
151973 06/25/2026 Open Accounts Payable MARY MANZO $1,724.70 151974 06/25/2026 Open Accounts Payable MEZA, ANGELO $167.02 151975 06/25/2026 Open Accounts Payable STATE BOARD OF EQUALIZATION $1,200.00 151976 06/25/2026 Open Accounts Payable UNITED FELTS $15,103.50 151977 06/25/2026 Open Accounts Payable VELASCO, BEATRIZ $99.00 151987 06/25/2026 Open Accounts Payable CALIFORNIA BUILDING
STANDARDS COMMISSION
$4,423.50
151988 06/25/2026 Open Accounts Payable CALIFORNIA BUILDING
STANDARDS COMMISSION
$6,738.30
Type Check Totals: 20 Transactions $94,651.39
Flagstar AP - Accounts Payable Totals
Checks Status Count Transaction Amount Reconciled Amount Open 20 $94,651.39 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 20 $94,651.39 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 20 $94,651.39 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 20 $94,651.39 $0.00
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 31 $97,695.26 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 31 $97,695.26 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 31 $97,695.26 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 31 $97,695.26 $0.00
user: Diana Gunn Pages: 2 of 2 Wednesday, July 1, 2026
145
Payment Register
City of Adelanto
From Payment Date: 7/2/2025 - To Payment Date: 7/1/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
04000013-01 - CITY OF ADELANTO GENERAL CHKG
EFT
4259 06/12/2026 Open Accounts Payable SOUTHWEST GAS CORPORATION $296.81 4260 06/12/2026 Open Accounts Payable PITNEY BOWES, INC. $756.00 4261 04/02/2026 Open Accounts Payable CHASE PAYMENTECH $788.84 4262 04/02/2026 Open Accounts Payable CHASE PAYMENTECH $32.90 4263 06/03/2026 Open Accounts Payable CHASE PAYMENTECH $0.20 4264 06/03/2026 Open Accounts Payable CHASE PAYMENTECH $0.20 4265 06/03/2026 Open Accounts Payable CHASE PAYMENTECH $0.20 4266 03/09/2026 Open Accounts Payable CHASE PAYMENTECH $67.20 4267 03/10/2026 Open Accounts Payable CHASE PAYMENTECH $77.08 4268 03/06/2026 Open Accounts Payable CHASE PAYMENTECH $113.71 4269 03/04/2026 Open Accounts Payable CHASE PAYMENTECH $2,223.23 4270 03/04/2026 Open Accounts Payable CHASE PAYMENTECH $8,080.96 4271 04/02/2026 Open Accounts Payable CHASE PAYMENTECH $0.20 Type EFT Totals: 13 Transactions $12,437.53
04000013-01 - CITY OF ADELANTO GENERAL CHKG Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 13 $12,437.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 13 $12,437.53 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 13 $12,437.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 13 $12,437.53 $0.00
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 13 $12,437.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 13 $12,437.53 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 13 $12,437.53 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 13 $12,437.53 $0.00
user: Diana Gunn Pages: 1 of 1 Wednesday, July 1, 2026
146
Payment Register
City of Adelanto
From Payment Date: 7/2/2025 - To Payment Date: 7/1/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Flagstar AP - Accounts Payable
EFT
5614 06/16/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $20,216.91 5615 06/12/2026 Open Accounts Payable AMAZON WEB SERVICES, INC $1,011.41 5616 06/17/2026 Reconciled 06/17/2026 Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$1,984.61 $1,984.61 $0.00
5617 06/17/2026 Reconciled 06/17/2026 Accounts Payable AMAZON CAPITAL SERVICES, INC. $5,547.80 $5,547.80 $0.00 5618 06/17/2026 Reconciled 06/17/2026 Accounts Payable AVCO DISPOSAL, INC. $1,689.46 $1,689.46 $0.00 5619 06/17/2026 Reconciled 06/17/2026 Accounts Payable BARSTOW HUMANE SOCIETY $6,210.00 $6,210.00 $0.00 5620 06/17/2026 Reconciled 06/17/2026 Accounts Payable CALLTOWER, INC. $871.07 $871.07 $0.00 5621 06/17/2026 Reconciled 06/17/2026 Accounts Payable CARL WARREN & COMPANY LLC $2,001.00 $2,001.00 $0.00 5622 06/17/2026 Reconciled 06/17/2026 Accounts Payable CINTAS CORP #150 $250.45 $250.45 $0.00 5623 06/17/2026 Reconciled 06/17/2026 Accounts Payable DAVID EVANS AND ASSOCIATES, INC.
$30,950.50 $30,950.50 $0.00
5624 06/17/2026 Reconciled 06/17/2026 Accounts Payable DEWEY PEST CONTROL, INC. $116.00 $116.00 $0.00 5625 06/17/2026 Reconciled 06/17/2026 Accounts Payable EA-VE CONSTRUCTION INC $5,134.50 $5,134.50 $0.00 5626 06/17/2026 Reconciled 06/17/2026 Accounts Payable FLYERS ENERGY LLC. $7,499.97 $7,499.97 $0.00 5627 06/17/2026 Reconciled 06/17/2026 Accounts Payable GARDA WORLD $1,099.10 $1,099.10 $0.00 5628 06/17/2026 Reconciled 06/17/2026 Accounts Payable GATEWAY PET CEMETERY INC. $350.00 $350.00 $0.00 5629 06/17/2026 Reconciled 06/17/2026 Accounts Payable GIC CORPORATION $4,974.49 $4,974.49 $0.00 5630 06/17/2026 Reconciled 06/17/2026 Accounts Payable GOGOVAPPS, INC $6,300.00 $6,300.00 $0.00 5631 06/17/2026 Reconciled 06/17/2026 Accounts Payable ICR STAFFING SERVICES, INC. $969.61 $969.61 $0.00 5632 06/17/2026 Reconciled 06/17/2026 Accounts Payable INFRASTRUCTURE ARCHITECTS INC
$19,293.00 $19,293.00 $0.00
5633 06/17/2026 Reconciled 06/17/2026 Accounts Payable LAN WAN ENTERPRISES INC $961.10 $961.10 $0.00 5634 06/17/2026 Reconciled 06/17/2026 Accounts Payable MARIA DEL CARMEN ESQUIVEL $1,062.50 $1,062.50 $0.00 5635 06/17/2026 Reconciled 06/17/2026 Accounts Payable MINAGAR & ASSOCIATES, INC. $19,977.99 $19,977.99 $0.00 5636 06/17/2026 Reconciled 06/17/2026 Accounts Payable MOJAVE BASIN AREA
WATERMASTER
$1,171,245.00 $1,171,245.00 $0.00
5637 06/17/2026 Reconciled 06/17/2026 Accounts Payable MOJAVE DESERT AQMD $1,026.33 $1,026.33 $0.00 5638 06/17/2026 Reconciled 06/17/2026 Accounts Payable NAPA AUTO PARTS, INC. $229.94 $229.94 $0.00 5639 06/17/2026 Reconciled 06/17/2026 Accounts Payable ONWARD ENGINEERING $18,030.00 $18,030.00 $0.00 5640 06/17/2026 Reconciled 06/17/2026 Accounts Payable PACIFIC ADVANCED CIVIL
ENGINEERING, INC
$4,200.00 $4,200.00 $0.00
5641 06/17/2026 Reconciled 06/17/2026 Accounts Payable RAFTELIS $777.50 $777.50 $0.00 5642 06/17/2026 Reconciled 06/17/2026 Accounts Payable REVIZE LLC $6,900.00 $6,900.00 $0.00 5643 06/17/2026 Reconciled 06/17/2026 Accounts Payable STAPLES ADVANTAGE $326.10 $326.10 $0.00 5644 06/17/2026 Reconciled 06/17/2026 Accounts Payable TK CONSTRUCTION $157,202.53 $157,202.53 $0.00 5645 06/17/2026 Reconciled 06/17/2026 Accounts Payable VCA MESA ANIMAL HOSPITAL $956.41 $956.41 $0.00 5646 06/17/2026 Reconciled 06/17/2026 Accounts Payable VERTECH INDUSTRIAL SYSTEMS, LLC
$205.00 $205.00 $0.00
5647 06/17/2026 Reconciled 06/17/2026 Accounts Payable WOODARD & CURRAN, INC. $1,222.50 $1,222.50 $0.00 5648 06/01/2026 Open Accounts Payable METLIFE $4,413.14 5649 06/18/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$1,849.33
5650 06/18/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$623.00
5651 06/18/2026 Open Accounts Payable CalPERS-PUBLIC EMPLOYEES
RETIREMENT SYSTEM
$8,628.58
5652 06/18/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $73.40 5653 06/18/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $28.92 user: Diana Gunn Pages: 1 of 3 Wednesday, July 1, 2026
147
Payment Register
City of Adelanto
From Payment Date: 7/2/2025 - To Payment Date: 7/1/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
5654 06/18/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $46.53 5655 06/18/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $78.94 5656 06/18/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $102.25 5657 06/22/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $1,313.16 5658 06/22/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $11,221.82 5659 06/22/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $3,512.58 5660 06/15/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $4,024.06 5661 06/25/2026 Reconciled 06/25/2026 Accounts Payable 4LEAF, INC. $580.00 $580.00 $0.00 5662 06/25/2026 Reconciled 06/25/2026 Accounts Payable ANGEL ROCK & SAND $308.17 $308.17 $0.00 5663 06/25/2026 Reconciled 06/25/2026 Accounts Payable BURKE, WILLIAMS & SORENSEN, LLP
$23,568.50 $23,568.50 $0.00
5664 06/25/2026 Reconciled 06/25/2026 Accounts Payable CHARTER COMMUNICATIONS $6,751.03 $6,751.03 $0.00 5665 06/25/2026 Reconciled 06/25/2026 Accounts Payable CINTAS CORP #150 $202.08 $202.08 $0.00 5666 06/25/2026 Reconciled 06/25/2026 Accounts Payable CORELOGIC SOLUTIONS, LLC. $225.00 $225.00 $0.00 5667 06/25/2026 Reconciled 06/25/2026 Accounts Payable DSD-DISTRIBUTED SOLAR
DEVELOPMENT, LLC
$40,209.28 $40,209.28 $0.00
5668 06/25/2026 Reconciled 06/25/2026 Accounts Payable FEDERAL EXPRESS $123.87 $123.87 $0.00 5669 06/25/2026 Reconciled 06/25/2026 Accounts Payable FERGUSON ENTERPRISES, INC. $123.49 $123.49 $0.00 5670 06/25/2026 Reconciled 06/25/2026 Accounts Payable FLEXPRINT INTERMEDIATE LLC $691.84 $691.84 $0.00 5671 06/25/2026 Reconciled 06/25/2026 Accounts Payable GARDA WORLD $576.96 $576.96 $0.00 5672 06/25/2026 Reconciled 06/25/2026 Accounts Payable HOBSEQUIO LLC $55,000.00 $55,000.00 $0.00 5673 06/25/2026 Reconciled 06/25/2026 Accounts Payable INFOSEND $2,119.25 $2,119.25 $0.00 5674 06/25/2026 Reconciled 06/25/2026 Accounts Payable INFRASTRUCTURE ENGINEERS, A
BOWMAN COMPANY
$187,232.17 $187,232.17 $0.00
5675 06/25/2026 Reconciled 06/25/2026 Accounts Payable JOSE ATILIO HERNANDEZ/IDEATE
CALIFORNIA
$10,500.00 $10,500.00 $0.00
5676 06/25/2026 Reconciled 06/25/2026 Accounts Payable KEC ENGINEERS, INC. $38,725.00 $38,725.00 $0.00 5677 06/25/2026 Reconciled 06/25/2026 Accounts Payable LOCAL EQUITY LLC $50,250.00 $50,250.00 $0.00 5678 06/25/2026 Reconciled 06/25/2026 Accounts Payable NURSERY PRODUCTS, LLC $10,476.05 $10,476.05 $0.00 5679 06/25/2026 Reconciled 06/25/2026 Accounts Payable ONWARD ENGINEERING $24,305.00 $24,305.00 $0.00 5680 06/25/2026 Reconciled 06/25/2026 Accounts Payable PATTON SALES CORPORATION $14.71 $14.71 $0.00 5681 06/25/2026 Reconciled 06/25/2026 Accounts Payable ROADPOST USA INC. dba
BLUECOSMO
$77.25 $77.25 $0.00
5682 06/25/2026 Reconciled 06/25/2026 Accounts Payable STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
$629.00 $629.00 $0.00
5683 06/25/2026 Reconciled 06/25/2026 Accounts Payable SUNSET AUDIO VISUAL $56,124.47 $56,124.47 $0.00 5684 06/25/2026 Reconciled 06/25/2026 Accounts Payable ADELANTO AUTO CARE & TIRES LLC
$911.81 $911.81 $0.00
5685 06/25/2026 Reconciled 06/25/2026 Accounts Payable ANIMAL EMERGENCY CLINIC OF
THE HIGH DESERT
$808.36 $808.36 $0.00
5686 06/25/2026 Reconciled 06/25/2026 Accounts Payable BLUETRITON BRANDS INC $276.61 $276.61 $0.00 5687 06/25/2026 Reconciled 06/25/2026 Accounts Payable DEWEY PEST CONTROL, INC. $376.00 $376.00 $0.00 5688 06/25/2026 Reconciled 06/25/2026 Accounts Payable FERGUSON ENTERPRISES, INC. $364.79 $364.79 $0.00 5689 06/25/2026 Reconciled 06/25/2026 Accounts Payable HERITAGE LANDSCAPE SUPPLY GROUP, INC.
$435.20 $435.20 $0.00
5690 06/25/2026 Reconciled 06/25/2026 Accounts Payable LOCAL EQUITY LLC $2,921.19 $2,921.19 $0.00 5691 06/25/2026 Reconciled 06/25/2026 Accounts Payable SAN BERNARDINO COUNTY
INNOVATION AND TECHNOLOGY
$177.87 $177.87 $0.00
5692 06/25/2026 Reconciled 06/25/2026 Accounts Payable VERIZON WIRELESS $1,385.56 $1,385.56 $0.00 5693 06/25/2026 Reconciled 06/25/2026 Accounts Payable WILLDAN FINANCIAL SERVICES $2,000.00 $2,000.00 $0.00 5694 06/22/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $40,110.89 user: Diana Gunn Pages: 2 of 3 Wednesday, July 1, 2026
148
Payment Register
City of Adelanto
From Payment Date: 7/2/2025 - To Payment Date: 7/1/2026 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
5695 06/23/2026 Open Accounts Payable SOUTHERN CALIFORNIA EDISON $26.20 5696 06/23/2026 Open Accounts Payable US BANK TRUST N.A. $299,768.52 5697 06/26/2026 Open Accounts Payable HOME DEPOT CREDIT SERVICES $830.52 Type EFT Totals: 84 Transactions $2,395,915.13 $1,998,034.97 $0.00 Flagstar AP - Accounts Payable Totals
EFTs Status Count Transaction Amount Reconciled Amount
Open 19 $397,880.16 $0.00
Reconciled 65 $1,998,034.97 $1,998,034.97
Voided 0 $0.00 $0.00
Total 84 $2,395,915.13 $1,998,034.97
All Status Count Transaction Amount Reconciled Amount
Open 19 $397,880.16 $0.00
Reconciled 65 $1,998,034.97 $1,998,034.97
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 84 $2,395,915.13 $1,998,034.97
Grand Totals:
EFTs Status Count Transaction Amount Reconciled Amount
Open 19 $397,880.16 $0.00
Reconciled 65 $1,998,034.97 $1,998,034.97
Voided 0 $0.00 $0.00
Total 84 $2,395,915.13 $1,998,034.97
All Status Count Transaction Amount Reconciled Amount
Open 19 $397,880.16 $0.00
Reconciled 65 $1,998,034.97 $1,998,034.97
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 84 $2,395,915.13 $1,998,034.97
user: Diana Gunn Pages: 3 of 3 Wednesday, July 1, 2026
149
ADELANTO PUBLIC UTILITY AUTHORITY
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 8th, 2026
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Kyle Hovannesian, Management Analyst
SUBJECT: APPROVAL OF APUA RESOLUTIONS 26-04 AND 26-05 TO AUTHORIZING THE
EXECUTIVE DIRECTOR TO SIGN ON BEHALF OF THE AUTHORITY
STAFF RECOMMENDATION:
Staff recommend approval of APUA Resolutions 26-04 and 26-05.
Resolution 26-04 authorizes the APUA Executive Director to apply for grant funding through the State Water Resources Control Board on behalf of the Authority. The grants will fund critical wastewater infrastructure, expanding sewer connectivity and reliability for residents.
Resolution 26-05 allows the Authority to be reimbursed for eligible expenditures should grant funding be awarded. The resolution will ensure compliance with grant requirements and allow the Authority to recover eligible project costs incurred during implementation.
FISCAL IMPACT:
Approval of APUA Resolution 26-04 will not impact the Authority’s enterprise funds. Seeking grant funding will decrease the financial burden on ratepayers and preserve funding for other critical utility needs. Leveraging grant money is fiscally responsible and will help deliver long-term benefits to residents.
Approval of APUA Resolution 26-05 will allow the city to be reimbursed for grant-related expenditures, ensuring there is no impact to enterprise funds. Without a reimbursement resolution in place, the Authority could incur costs that would need to be funded through the enterprise funds.
ATTACHMENTS:
A. APUA Resolution 26-04
B. APUA Resolution 26-05
150
RESOLUTION NO. APUA 26-04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC
UTILITY AUTHORITY AUTHORIZING THE EXECUTIVE DIRECTOR TO APPLY FOR
STATE WATER RESOURCES CONTROL BOARD GRANTS
WHEREAS, the Public Utility Authority is a Joint Powers Authority (a public body, corporate and politic) duly created, established to transact business and exercise its powers, all under and pursuant to the Joint Exercise of Powers Act (Article 1 through 4 of Chapter 5, Division 6, Title 1 of the California Government Code); and
WHEREAS, the APUA is looking for grant funded sources of funding for projects, including from the State Water Resources Control Board; and WHEREAS, the State Water Resources Control Board requires applicants to have a designated authorized representative to have legal authority to sign grant documents and apply on behalf of APUA.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ADELANTO
PUBLIC UTILITY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
The Executive Director (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the APUA Septic-to-Sewer Conversion Project (the “Project”).
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
PASSED, APPROVED AND ADOPTED this 8th day of July 2026. ______________________________
Gabriel Reyes, President
_______________________________
Brenda Lopez, CMC, City Clerk
151
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 26-04 was duly and regularly adopted at a regular meeting of the Board of Directors of the Adelanto Public Utility Authority on this 8th day of July 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 this 8th day of July 2026.
______________________________
Brenda Lopez, CMC, City Clerk
152
RESOLUTION NO. APUA 26-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO PUBLIC
UTILITY AUTHORITY AUTHORIZING REIMBURSEMENT FOR STATE WATER
RESOURCES CONTROL BOARD GRANTS
WHEREAS, the Public Utility Authority is a Joint Powers Authority (a public body, corporate and politic) duly created, established to transact business and exercise its powers, all under and pursuant to the Joint Exercise of Powers Act (Article 1 through 4 of Chapter 5, Division 6, Title 1 of the California Government Code); and
WHEREAS, the APUA (the “Authority”) desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its sewer system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and WHEREAS, the Authority intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Authority desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the Authority; and WHEREAS, the Authority has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Authority for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ADELANTO
PUBLIC UTILITY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Authority hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $42,000,000.
SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Authority will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
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SECTION 4. Each Authority expenditure will be of a type properly chargeable to a capital account under general federal income tax principles.
SECTION 5. To the best of our knowledge, this Authority is not aware of the previous adoption of official intents by the Authority that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
SECTION 6. This resolution is adopted as official intent of the Authority in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.
SECTION 7. All the recitals in this Resolution are true and correct and this Authority so finds, determines and represents.
PASSED, APPROVED AND ADOPTED this 8th day of July 2026. ______________________________
Gabriel Reyes, President
_______________________________
Brenda Lopez, CMC, City Clerk
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 26-05 was duly and regularly adopted at a regular meeting of the Board of Directors of the Adelanto Public Utility Authority on this 8th day of July 2026, be the following vote to with:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 8th day of July 2026.
______________________________
Brenda Lopez, CMC, City Clerk
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CITY COUNCIL
AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 8, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: TAX MEASURE - PLACEMENT OF TRANSACTIONS AND USE TAX (LOCAL SALES TAX) MEASURE ON THE NOVEMBER 3, 2026, BALLOT STAFF RECOMMENDATION:
Staff respectfully recommends that the City Council take the following actions:
1. Adopt Resolution No. 26-37, a Resolution of the City Council of the City of Adelanto, California, ordering that the City of Adelanto Services Measure be submitted to the voters at the November 3, 2026, General Municipal Election; requesting the assistance of the County of San Bernardino in connection with that election; and requesting that the election be consolidated with the statewide general election being held on that date; and
2. Introduce Ordinance No. 666, an Ordinance of the City Council of the City of Adelanto adding Chapter3.70 (Transactions and Use Tax) to Title 3 (Revenue and Finance) of the Adelanto Municipal Code to impose a one percent (1%) transactions and use tax to be administered by the California Department of Tax and Fee Administration.
BACKGROUND:
The City of Adelanto has an established need for long-term, locally controlled funding that can be used to help repair streets and potholes; keep public areas and parks safe and clean; maintain fire and paramedic services; address homelessness; maintain 911 response times; and support other general City services and infrastructure needs.
The City currently relies on limited General Fund revenues to provide essential municipal services. As service demands and operating costs continue to increase, the City has evaluated potential locally controlled revenue options that could provide a stable funding source for community priorities. A transactions and use tax, commonly referred to as a local sales tax, is one option available to California cities subject to a majority voter approval (50% +1 vote).
ANALYSIS:
The proposed one percent (1%) Transactions and Use Tax ("TUT"), commonly referred to as a local sales tax measure, is projected to generate approximately $3,000,000 annually in additional General Fund 156
revenue based on current taxable sales activity within the City. Actual revenues may vary depending on economic conditions, consumer spending patterns, inflation, and future commercial and industrial development within the City.
The additional revenue would provide a locally controlled funding source to support essential City services and infrastructure needs. As a general tax, revenues generated by the proposed measure would be deposited into the City's General Fund and may be used for any lawful municipal purpose. Potential uses include street rehabilitation and pothole repair; repair and maintenance of aging infrastructure, including storm drains, pipes, bridges, sidewalks, and public facilities; fire protection, paramedic, and emergency response services; public safety and crime prevention efforts; homelessness response activities; park and public area maintenance; and other municipal services identified through the annual budget process.
ENVIRONMENTAL IMPACT:
In accordance with CEQA Guidelines Section 15378(b)(4), the submission of the measure to the voters is not a “project” within the meaning of CEQA as it is a general tax which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
FISCAL IMPACT:
The estimated cost of placing the Measure on the November 3, 2026 ballot is $54,700, based on the San Bernardino County Registrar of Voters' cost estimate. Actual costs may be higher or lower, and the Registrar of Voters will provide a final invoice after the election is certified. If approved by voters, the Measure is expected to provide approximately $3,000,000 in locally controlled revenue annually.
ATTACHMENTS:
1. Resolution No. 26-37
2. Ordinance No. 666
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158
159
160
161
162
163
ORDINANCE NO. 666
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA, ADDING CHAPTER 3.70
(TRANSACTIONS AND USE TAX) TO TITLE 3 (REVENUE AND
FINANCE) OF THE ADELANTO MUNICIPAL CODE TO IMPOSE A
TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS the City relies on its General Fund to provide municipal services including maintenance of streets, storm drains, parks and public areas; fire and paramedic services; public safety services; homelessness response; emergency response services; and other municipal services; and
WHEREAS the City currently has more than $100 million in unfunded street and infrastructure projects, including 250 miles of streets, 130 miles of sidewalks and 261 miles of pipes with infrastructure needs that continue to grow over time; and WHEREAS in order for the City to repair streets and potholes, keep public areas and parks safe and clean, maintain fire and paramedic services, address homelessness, and maintain 911 response times, it is critically important that the City have a new, long-term source of funds for its General Fund; and
WHEREAS a transactions and use tax for general purposes would provide such a source of funds; and
WHEREAS such transactions and use taxes are commonly referred to as “local sales taxes” and are separate taxes from the basic 1% Bradley-Burns sales and use tax that is levied by every city in California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated by this reference as if set forth in full herein.
SECTION 2. Amendment. Chapter 3.70 (Transactions and Use Tax) is added to Title 3 (Revenue and Finance) of the Municipal Code to read as follows:
3.70.010 Title and Scope.
This chapter shall be known as the City of Adelanto Transactions and Use Tax Ordinance. The City of Adelanto hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.
3.70.020 Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this chapter. For purposes of Revenue and Taxation Code section 7265, this ordinance shall be considered adopted on the date of the election in which it is approved by the qualified voters of the City.
3.70.030 Purpose.
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This chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
3.70.040 Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to this chapter; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
3.70.050 Imposition of 1% Transactions Tax.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this Chapter.
3.70.060 Place of Sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
3.70.070 Imposition of 1% Use Tax.
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An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this chapter for storage, use or other consumption in said territory at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
3.70.080 Adoption of Provisions of State Law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.
3.70.090 Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California.
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Chapter.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder
3.70.100 Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue 166
and Taxation Code, an additional transactor's permit shall not be required by this chapter.
3.70.110 Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of 167
such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government.
This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3.70.120 Amendments.
All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter.
3.70.130 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any 168
suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.70.140 Use of Tax Proceeds.
The proceeds of the tax imposed by this chapter shall be deposited in the general fund of the city and may be used for any lawful municipal purpose. The tax does not meet the criteria established by Section 1(d) of Article XIIIC of the California Constitution for special taxes, and is a general tax imposed for general government purposes.
3.70.150 Annual Audit.
The proceeds of this tax shall be subject to annual audit by an independent certified public accountant and the results of the audit shall be reported to the city council in a document posted on the city’s website and available for public inspection. Such audit may be done at the same time (and as a part of) the city’s annual audit, and such reporting may be done as a part of the city’s consolidated annual financial report.
3.70.160 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
3.70.170 Termination Date.
The tax imposed by this chapter shall not expire unless terminated by lawful vote of the electorate or as required or authorized by law.
SECTION 3. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately. This Ordinance shall take effect only if it is both (i) approved by a two-thirds vote of all members of the City Council and (ii) approved by a majority vote (50%+1 vote) of the qualified voters of the city voting in an election on the issue. The tax imposed by this ordinance shall take effect as set forth in Section 3.70.020 of the Municipal Code as set forth in Section 2 of this Ordinance.
SECTION 4. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines §15378(b)(4) which provides that the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment are not projects subject to the requirements of CEQA.
SECTION 5. Any provision of the Adelanto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional. 169
SECTION 7. The City Clerk shall certify the passage of this ordinance by the City Council and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Adelanto at the regular meeting of this 8
th day of July, 2026.
Gabriel Reyes, Mayor
ATTEST:
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
Todd Litfin, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS:
CITY OF ADELANTO )
I, Brenda Lopez, City Clerk of the City of Adelanto, hereby certify that the foregoing Ordinance No. 666 was passed and adopted by the City Council of the City of Adelanto, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 8
th day of July, 2026 and that said Ordinance was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Brenda Lopez, City Clerk
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 8, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Virginia Velis, Executive Assistant/Deputy City Clerk SUBJECT: DESIGNATION OF VOTING DELEGATES AND ALTERNATES LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO, SEPTEMEBER 23-25, 2026, ANAHEIM
CONVENTION CENTER
STAFF RECOMMENDATION:
Staff recommends that the City Council pick a Delegate and Alternate for the League of California Cities Annual Conference.
BACKGROUND:
At the League of California Cities Annual Conference, resolutions setting forth positions on various matters are presented to the League membership for consideration. Each City attending the Annual Conference is asked to designate a member of the City Council who is attending the Conference as the Voting Delegate. If more than one member from the City Council attends the Conference, up to two alternates Delegates can be designated to vote if the Voting Delegate cannot for some reason.
Traditionally, the Mayor and Mayor Pro Tem have been designated as the Voting Delegate and Alternate respectively when both are attending the conference.
FISCAL IMPACT:
NONE
ATTACHMENTS:
League voting information
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Voting delegates
A voting delegate is a council-appointed city official — elected or appointed — who represents their city at the General Assembly.
Delegates play an important role during the General Assembly by voting on resolutions, which if approved, become Cal Cities policy.
Voting delegates should attend the full conference through the General Assembly, which takes place on Fridays of the annual conference. However, delegates can register for just the Friday portion of the annual conference if they are unable to attend the full conference.
Per the Cal Cities bylaws, every member city may designate a delegate and up to two alternates, by approval of the city council. 2026 Voting delegate information will be sent to cities in early summer.
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: July 8, 2026
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH BLUE BUILDERS, INC. FOR THE
PARKING LOT REHABILITATION 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 $120,000 for the Parking Lot Rehabilitation at Marconi Park and authorizing the City Manager to sign the agreement on behalf of the City Council.
BACKGROUND:
As park use continues to increase, the existing dirt parking lot no longer adequately serves visitors.
Rehabilitating the parking area will improve access, safety, and convenience while supporting recreational programs, community events, and year-round use of Marconi Park.
DISCUSSION:
On February 26, 2026, a Request for Proposals (RFP) to provide services for Marconi Park Improvements including parking lot rehabilitation 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. 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 parling lot rehabilitation 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 $120,000 for the Parking Lot Rehabilitation at Marconi Park, and authorizing the City Manager to sign the agreement on behalf of the City Council FISCAL IMPACT:
There is no impact on General Fund as this project is funded by Park Development Fund Attachment:
Professional Service Agreement with Blue Builders, Inc. 174
2512/026150-0001
19521427.1 a07/01/26
CITY OF ADELANTO
PROFESSIONAL SERVICES AGREEMENT
PARKING LOT REHABILITATION AT MARCONI PARK
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 8th day of __July________, 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.
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 July 8, 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.
1.2 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.
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19521427.1 a07/01/26 -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 ONE HUNDRED AND TWENTY THUSAND DOLLARS ($120,000) 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.
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
11600 Air Expressway
Adelanto, CA 92301
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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.
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 177
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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.
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.
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 178
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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.
(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; 179
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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.
(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:
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 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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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.
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, 181
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“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.
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 182
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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. 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. 183
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(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. 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 184
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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 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.
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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.
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
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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.
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. 187
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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 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 Cole Chesney (“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, 188
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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.
__________________________________________
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.
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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 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 PARKING LOT REHABILITATION AT MARCONI PARK services in the amount not to exceed One hundred and Twenty Thousand Dollars($120,000) as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT] 192