APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, April 9, 2024, 6:30 p.m.
Council Chamber
PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
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COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M. ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.
The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town of Apple Valley.
This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.
Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.
In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.
Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.
When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.
Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.
The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.
Pages
1. Call to Order
2. Opening Ceremonies
2.1 Invocation
Pastor Frank Morley - Apple Valley Church of the Nazarene
2.2 Pledge of Allegiance
2.3 Presentations
Presentation to the American Legion Auxiliary Apple Valley, proclaiming American Legion Family Day.
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 6 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
5. Town Council Announcements
5.1 Suggested items for next Agenda
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 23, 2024 - Council Chamber Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.8 as recommended.
6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 MARCH 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
14 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 MARCH 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE 30
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
6.4 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT 32
Award a contract to J. Allison Construction for the Residential Rehabilitation Loan Program H24-03 subject to “Aproval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.
6.5 BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT: FORMAL CONTRACT
AMENDMENT NO. 3 – ADDITIONAL SCOPE
41 Approve Formal Contract Amendment No. 3 to the March 11, 2014 Agreement between the Town of Apple Valley and Dokken Engineering for engineering and design services for the Bear Valley Road Bridge over the Mojave River Rehabilitation and Widening Project for an amount notto-exceed $380,088 and a time extension to December 31, 2025.
6.6 RELEASE OF SECURITIES FOR TRACT MAPS 18917-1, 18917-4, 18917
60 It is recommended that the Town Council find that the construction of various improvements required for Tracts 18917-1 and 18917-4, and 18917 are complete, and approve the 50% reduction of the performance securities.
6.7 PURCHASE SIGNAL POLES FOR BEAR VALLEY ROAD
INTERSECTION INPROVEMENT PROJECT
62 It is recommended that the Town Council authorize the purchase of traffic signal poles for the Bear Valley Road Intersection Improvements Project
6.8 AWARD A PROFESSIONAL SERVICES AGREEMENT TO CONDUCT
PUBLIC OPINION RESEARCH AND COMMUNITY ENGAGEMENT
PLANNING
67 That the Town Council award a Professional Services Agreement to Fairbank, Maslin, Maullin, Metz & Associates in an amount not to exceed $100,000 to conduct public opinion research and community engagement planning subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
7. Public Hearings
7.1 INTRODUCE ORDINANCE NO. 569 – AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING SECTION 1.01.200, SUBSECTION (E)(4) OF THE APPLE
VALLEY MUNICIPAL CODE AS IT RELATES TO ALLOWABLE
ILLEGAL CANNABIS CULTIVATION ADMINISTRATIVE
90 FINES
Find that the proposed adoption of Ordinance No. is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment. Move to waive the reading of Ordinance No. in its entirety and read by title only. Move to Introduce Ordinance No. amending Chapter 1.01.200 subsection (e)(4) as it relates to the enforcement of allowable illegal cannabis cultivation administrative fines.
Direct Staff to file a Notice of Exemption.
8. Business of the Council
8.1 VACANCY ON THE PARK AND RECREATION COMMISSION 96
Council Member Emick to nominate: ____________ to the Town of Apple Valley Park and Recreation Commission.
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
Recommended Motion:
To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:
11.1 CLOSED SESSION 97
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION – Significant exposure to litigation pursuant to paragraph (2) of subdivisions (d) of Section 54956.9: One or more cases.
A.
12. Adjournment
Recommended Motion:
To adjourn the meeting of the Apple Valley Town Council at TIME.
TOWN OF APPLE VALLEY
TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS
CITIZEN ADVISORY COMMITTEES
HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)
SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.
TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.
Town Council Chambers
TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as Needed
PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick
AD HOC COMMITTEES
APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif
VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick
SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA
AD-HOC COMMITTEE
Mayor Pro Tem Art Bishop
Council Member Kari Leon
AGENCY - BOARDS/COMMITTEES &
COMMISSIONS
CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.
CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Mayor Pro-Tem Bishop – Alternate
Meets as needed, rotating cities.
MOJAVE DESERT AIR QUALITY MANAGEMENT
DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville
MOJAVE DESERT AND MOUNTAIN RECYCLING
AUTHORITY
Council Member Cusack – Delegate
Mayor Pro-Tem Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville
SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA)
Mayor Pro-Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2
nd Thursday at 10:00 a.m.
1170 West 3
rd St.
San Bernardino
SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.
Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland
VICTOR VALLEY ECONOMIC DEVELOPMENT
AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA
VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall
VICTOR VALLEY WASTE WATER RECLAMATION
AUTHORITY (VVWRA)
Mayor Nassif – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.
VVWRA Offices
GREATER HIGH DESERT CHAMBERS
GOVERNMENTAL RELATIONS COMMITTEE
Mayor Pro-Tem Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.
SUMMARY:
A. Regular Meeting March 26, 2024
1 Apple Valley Town Council
MINUTES
March 26, 2024, 6:30 p.m.
Council Chamber
Members Present: Mayor Scott Nassif
Mayor Pro Tem Art Bishop
Council Member Curt Emick
Council Member Kari Leon
Members Absent: Council Member Larry Cusack
_____________________________________________________________________
1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:30 p.m.
2. Opening Ceremonies
2.1 Invocation
Pastor Jon Epting, Desert Springs Church of Hesperia
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Kari Leon.
2.3 Presentations
2.3.1 Employee of the 1st Quarter
Employee of the Quarter - Lee Weast, Administrative Analyst I, Code Enforcement Department.
3. Public Comments
April Love, Apple Valley, spoke about the negativity people have against the Apple Valley Animal Shelter, and expressed her feeling that the Apple Valley Animal Shelter does a wonderful job.
2 Stephany James, Apple Valley, expressed her feelings about the pending Assembly Bill 2265 which will take away local control of our Animal Shelter. Ms.
James asked for council to not support this bill.
Sherry Murrey, Apple Valley, talked about the local road conditions, and asked for clarification on how roads are designated for repaving.
John Q. Citizen, Apple Valley, spoke about the need to help animals at the animal shelter, and the cost of installation of the new bathrooms at James Woody Community Center.
Marcy Tailor, Apple Valley, Invited the council to the Museum weekend fund raiser, and also spoke about various events and anniversaries taking place in the coming weeks.
Rebecca Commacho, Apple Valley, spoke on her belief that the cats at the Apple Valley Animal Shelter are not prioritized enough, and asked for clarification on how Animal Shelter staff decide when to close the shelter for events.
Barb Caddy, Apple Valley, spoke in opposition to AB 2265 as the language of the bill will make it difficult to take in animals until some are adopted out.
4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.
Councilmembers may also make brief reports on their community participation.
No formal action will be taken.
Council Member Emick commented on committee meetings and events that he attended.
Council Member Leon commented on committee meetings and events that she attended.
Mayor Pro Tem Bishop commented on committee meetings and events that he attended.
Mayor Nassif commented on committee meetings and events that he attended.
5. Town Council Announcements
5.1 Suggested items for next Agenda
Council Member Bishop asked for staff to bring back reports on both AB 205 concerning utility rate changes, and AB 2265 mandating electrification of railroad locomotives.
3 5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - April 9, 2024 - Council Chamber Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Mayor Nassif has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with NAPA Auto Parts or High Desert Auto Supply for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for NAPA Auto Parts and High Desert Auto Supply listed under Agenda Item Number 6.2. In addition, due to his interest in both businesses, Mayor Nassif will also be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Mayor Nassif is maintained on file in the Town Clerk’s Office and available for review at the dais.
Mayor Nassif confirmed that he would be recusing from voting on these warrants.
To approve the Consent Calendar items numbered 6.1 - 6.3 and 6.5 - 6.7 as recommended.
Yes (4): Mayor Nassif, Mayor Pro Tem Bishop, Council Member Emick, and Council Member Leon
Absent (1): Council Member Cusack
Carried (4 to 0)
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 FEBRUARY 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 FEBRUARY 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
4 6.5 AMENDMENT NO. 4 TO JOINT EXERCISE OF POWERS AUTHORITY
AGREEMENT WITH THE SAN BERNARDINO COUNCIL OF
GOVERNMENTS
That the Town Council approve and authorize the Mayor to sign Amendment No. 4 to the Joint Exercise of Powers Agreement relative to the San Bernardino Associated Governments (SANBAG), now referred to as the San Bernardino Council of Governments (SBCOG), to increase membership dues by $23,345 for a total new assessment of $40,848.
6.6 REJECT THE PROPSAL FOR THE JAMES WOODY BALLFIELD
RENOVATION PROJECT
Reject the proposal for the James Woody Ballfield Renovation Project.
6.7 REJECT THE PROPOSALS FOR THE MULTI-PARK BALLFIELD
BACKSTOP REPLACEMENT PROJECT
That the Town Council reject the current proposals for the Multi-Park Ballfield Backstop Replacement Project.
6.4 APPLE VALLEY ROAD BUS TURNOUT – PROJECT NO. 2023-03 –
AWARD CONTRACT FOR CONSTRUCTION
That the Town Council adopt the design of the project represented by the Plans and Specifications for Apple Valley Road Bus Turnout - Project No. 2023-03; B. That the Town Council award a contract to CT&T Concrete Paving Inc. for Apple Valley Road Bus Turnout - Project No. 2023-03 in the amount of $100,343.00 and a 10% contingency of $10,034, for a total amount not to exceed of $110,377.
Council Member Bishop thanked staff for their work on the Apple Valley Road Bus Stop Turnout project.
Motion by: Council Member Bishop
Seconded by: Council Member Emick
Council to approve Apple Valley Road Bus Turnout – Project No. 2023-03 – Award Contract for Construction
5 Yes (4): Mayor Nassif, Mayor Pro Tem Bishop, Council Member Emick, and Council Member Leon
Absent (1): Council Member Cusack
Carried (5 to 0)
7. Public Hearings
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
Douglas B. Robertson, Town Manager, informed the Apple Valley Town Council of upcoming events.
11. Closed Session
None
12. Adjournment
Motion by: Council Member Bishop
Seconded by: Council Member Leon
To adjourn the meeting of the Apple Valley Town Council at 7:35 p.m.
Carried Unanimously
__________________________
Mayor, Scott Nassif
_____________________________
Assistant Town Clerk, Kiel Mangerino
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: MARCH 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department, and subsequent warrants/wire transfers were issued. All were found to be in conformity to Town policies and procedures, and funds were budgeted or available to pay said demands. The list of commercial warrants and wire transfers is now being presented to Council for approval.
SUMMARY
Commercial warrants were issued from March 1 through March 31, 2024 in the amount of $4,728,634.66 covering issued warrant #’s 165954 – 166295. Electronic Fund Transfers were issued from March 1 through March 31, 2024 in the amount $1,151,007.51. Also, wire transfers were made March 1 through March 31, 2024 in the amount of $53,577.50
The claims and/or demands covered by the attached list of warrants and wire transfers were audited as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate, and the funds were available for payment thereof.
FISCAL IMPACT
342 Commercial Warrants were issued in the amount of $4,728,634.66 45 Electronic Fund Transfers were issued in the amount of $1,151,007.51
1 Wire Transfer payment was issued in the amount of $53,577.50
ATTACHMENTS
A. March Commerical Warrants
B. March Electronic Fund Transfers
C. March Wire Transfer Schedule
Check # Date Vendor Description Check Total
165954 03/04/2024 APPLE VALLEY PRINTING OFFICE SUPPLIES 726.86 165955 03/04/2024 DESAI, RONAK JANUARY SERVICES 5,280.00 165956 03/04/2024 EDISON COMPANY 1/17/24-2/14/24 29.43
165957 03/04/2024 JERGENSEN, TODD RETENTION RELEASE 7,566.23 165958 03/04/2024 LIBERTY UTILITIES CA 12/8/23-2/7/24 580.70 165959 03/04/2024 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 144.67 165960 03/04/2024 SOUTHWEST GAS CORPORATION 1/11/24-2/9/24 83.59 165961 03/04/2024 VOYAGER FEBRUARY FUEL PURCHASES 17,672.76 165962 03/07/2024 AMAZON CAPITAL SERVICES BLUE PENS 7.27 165963 03/07/2024 AMERICAN RIGHT-OF-WAY, INC AVR x Tuscola Rd Traffic Signal Pole Replacement 1,077.50 165964 03/07/2024 ANIMAL CARE HOSPITAL S/N Voucher Program 425.00 165965 03/07/2024 APPLE VALLEY ANIMAL HOSPITAL S/N Voucher Program 378.75 165966 03/07/2024 APPLE VALLEY PORTABLES Lyons Park Portables 1,600.02 165967 03/07/2024 APPLE VALLEY TIRE Tire Repair for Truck 81 20.00 165968 03/07/2024 AVCOM SERVICES INC. AV Com - answering service - March 341.40 165969 03/07/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 8,241.84 165970 03/07/2024 CACEO CACEO Monica 459.00
165971 03/07/2024 CAPITAL ONE ASAP 65.43
165972 03/07/2024 CHARTER COMMUNICATIONS Spectrum - Mar - James Woody 1,029.01 165973 03/07/2024 CHARTER COMMUNICATIONS Spectrum - March - Golf 1,029.01 165974 03/07/2024 COLDWELL BANKER HOME SOURCE 2024 Symposium Gold Sponsorship 1,000.00 165975 03/07/2024 COUNTY OF SAN BERNARDINO Lien Release 600.00 165976 03/07/2024 COUNTY OF SAN BERNARDINO Civic Center Pool Health Permit 508.00 165977 03/07/2024 DELL MARKETING L.P. Dell - Monitor purchase for depts 886.13 165978 03/07/2024 DESERT VALLEY MEDICAL GROUP Pre-Employment Screening 260.00 165979 03/07/2024 DR. JAIME VELASCO Vet Services 3,250.00 Town of Apple Valley
Commercial Warrants
Month of March 2024
165980 03/07/2024 ECONOLITE CONTROL PRODUCTS EDEN PO 2324-000042 23,950.49 165981 03/07/2024 FEHR & PEERS Circulation Element Update 11,070.00 165982 03/07/2024 FRONTIER COMMUNICATIONS Frontier - March 3,259.92 165983 03/07/2024 G.A. OSBORNE PIPE & SUPPLY Golf Course- Ground maintenance parts 849.60 165984 03/07/2024 INTERVET, INC. Microchips 1,346.88
165985 03/07/2024 KIMLEY-HORN AND ASSOCIATES, INC. Yucca Loma Road Widening project 5,725.50 165986 03/07/2024 KOA CORPORATION SR18 Corridor Enhancement Plan 17,797.98 165987 03/07/2024 KONICA MINOLTA Konica - Fleet - Feb 6,051.88 165988 03/07/2024 KONICA MINOLTA BUSINESS Konica - C4080 usage - Feb 454.54 165989 03/07/2024 KTUA Town Wide Complete Streets Action Plan Jan 24 24,253.75 165990 03/07/2024 LIBERTY UTILITIES CA 12/7/23-2/5/24 16,772.17 165991 03/07/2024 LOWE'S (LAR) Returned-Golf course hose repairs 12.58 165992 03/07/2024 MATRIX AUDIO VISUAL DESIGNS EDEN PO 2223-000087 26,541.93 165993 03/07/2024 MINISZEWSKI, TASHINA Reimbursement 36.28 165994 03/07/2024 Beatrice Perez S/N Deposit Refund for Adoption 40.00 165995 03/07/2024 Canine Rescue Coalition S/N Deposit Refund for Adoption 40.00 165996 03/07/2024 Garrett Stecker Boot Allowance-Reimbursement 200.00 165997 03/07/2024 John Hernandez Boot Allowance-Reimbursement 200.00 165998 03/07/2024 Kristin Hall Training Reimbursement 600.30 165999 03/07/2024 Loves Travel Stops & Country Stores, Inc Remainder of Developer Deposit CUP 2021-001 1,853.48 166000 03/07/2024 Marie Harrison S/N Deposit Refund for Adoption 75.00 166001 03/07/2024 Paws and Claws Pet Rescue S/N Refund 200.00 166002 03/07/2024 Rosa Orozco S/N Deposit Refund for Adoption 40.00 166003 03/07/2024 Skip Ely 19609 Tonkawon Rd LS Deferral 7,169.00 166004 03/07/2024 PRUDENTIAL OVERALL SUPPLY Golf course- uniforms 405.35 166005 03/07/2024 SALES & DISTRIBUTION SERVICES AQUAPHALT 1,533.08 166006 03/07/2024 SMITH, RANDY BOOT REIMBURSEMENT 193.94 166007 03/07/2024 SPLATTERED INK, LLC Facilities uniforms 527.92 166008 03/07/2024 ST. FRANCIS ELECTRIC, LLC JANUARY 2024 - ROUTINE 6,576.78 166009 03/07/2024 STILES ANIMAL REMOVAL, INC. Disposal Services 5,490.00 166010 03/07/2024 STOTZ EQUIPMENT Vehicle Maintenance-Equipment 1,178.61 166011 03/07/2024 THE TREE PROS L-10 Tree Removal Project 7,777.00
166012 03/07/2024 TYLER TECHNOLOGIES INC EDN PO 2122-000049 11,840.00 166013 03/07/2024 TYLER TECHNOLOGIES INC EDN PO 2122-000049 2,220.00 166014 03/07/2024 V.V.W.R.A. FINAL SEWER PERMITS - FEBRUARY 2024 30,179.55 166015 03/07/2024 MARTIN, KENNETH Retiree Reimbursement 374.50 166016 03/07/2024 MILLER, LANCE Retiree Reimbursement 160.63 166017 03/07/2024 WRIGHT, DARRYL Retiree Reimbursement 786.84 166018 03/08/2024 Trash Refunds Trash Refunds 8.09
166019 03/08/2024 Trash Refunds Trash Refunds 25.41
166020 03/08/2024 Trash Refunds Trash Refunds 9.02
166021 03/08/2024 Trash Refunds Trash Refunds 81.71
166022 03/08/2024 Trash Refunds Trash Refunds 76.90
166023 03/08/2024 Trash Refunds Trash Refunds 0.00
166024 03/08/2024 Trash Refunds Trash Refunds 224.61
166025 03/08/2024 Trash Refunds Trash Refunds 69.39
166026 03/08/2024 Trash Refunds Trash Refunds 68.22
166027 03/08/2024 Trash Refunds Trash Refunds 352.52
166028 03/08/2024 Trash Refunds Trash Refunds 345.21
166029 03/08/2024 Trash Refunds Trash Refunds 119.60
166030 03/08/2024 Trash Refunds Trash Refunds 31.09
166031 03/08/2024 Trash Refunds Trash Refunds 45.45
166032 03/08/2024 Trash Refunds Trash Refunds 62.32
166033 03/08/2024 Trash Refunds Trash Refunds 111.52
166034 03/08/2024 Trash Refunds Trash Refunds 61.16
166035 03/08/2024 Trash Refunds Trash Refunds 48.37
166036 03/08/2024 Trash Refunds Trash Refunds 45.99
166037 03/08/2024 Trash Refunds Trash Refunds 108.94
166038 03/08/2024 Trash Refunds Trash Refunds 34.73
166039 03/08/2024 Trash Refunds Trash Refunds 21.66
166040 03/08/2024 Trash Refunds Trash Refunds 33.04
166041 03/08/2024 Trash Refunds Trash Refunds 123.86
166042 03/08/2024 Trash Refunds Trash Refunds 110.95
166043 03/08/2024 Trash Refunds Trash Refunds 64.50
166044 03/08/2024 ABF PRINTS, INC. 59004 682.08
166045 03/08/2024 COST RECOVERY SYSTEMS INC FY23-24 CONTRACT 7,750.00
166046 03/08/2024 COUNTY OF SAN BERNARDINO 24-22739 200.00 166047 03/08/2024 EDISON COMPANY 1/11/24-2/11/24 4,530.50 166048 03/08/2024 GOLDEN STATE WATER COMPANY 1/24/24-2/26/24 93.25 166049 03/08/2024 LIBERTY UTILITIES CA 12/22/23-2/22/24 2,287.62 166050 03/08/2024 MYONLINEBILL.COM FEBRUARY SERVICES 2,636.52 166051 03/08/2024 ODP BUSINESS SOLUTIONS, LLC SUPPLIES 226.33 166052 03/08/2024 SEDARU INC Sedaru - Aquatic User Subscription extension 5,157.00 166053 03/08/2024 SOUTHWEST GAS CORPORATION 1/11/24-2/9/24 1,045.34 166054 03/08/2024 U.S. BANK CORP. PMT SYSTEM FEBRUARY CALCARD 41,816.12 166055 03/08/2024 Trash Refunds Trash Refunds 467.46
166056 03/08/2024 Voided Voided 0.00
166057 03/08/2024 Trash Refunds Trash Refunds 153.54
166058 03/08/2024 Trash Refunds Trash Refunds 71.55
166059 03/08/2024 Trash Refunds Trash Refunds 16.12
166060 03/08/2024 Trash Refunds Trash Refunds 35.77
166061 03/08/2024 Trash Refunds Trash Refunds 55.01
166062 03/08/2024 Trash Refunds Trash Refunds 35.77
166063 03/08/2024 Trash Refunds Trash Refunds 37.81
166064 03/08/2024 Trash Refunds Trash Refunds 32.67
166065 03/08/2024 Trash Refunds Trash Refunds 32.67
166066 03/08/2024 Trash Refunds Trash Refunds 1,084.68
166067 03/08/2024 Trash Refunds Trash Refunds 52.09
166068 03/08/2024 Trash Refunds Trash Refunds 13.54
166069 03/08/2024 Trash Refunds Trash Refunds 57.70
166070 03/08/2024 Trash Refunds Trash Refunds 0.00
166071 03/08/2024 Trash Refunds Trash Refunds 15.00
166072 03/08/2024 Trash Refunds Trash Refunds 17.31
166073 03/08/2024 Trash Refunds Trash Refunds 18.46
166074 03/12/2024 AMAZON CAPITAL SERVICES Amazon - office supplies 177.17 166075 03/12/2024 AMAZON CAPITAL SERVICES Amazon - headphones for PIO 637.59 166076 03/12/2024 APPLE VALLEY ANIMAL HOSPITAL Adoption S/N 420.00 166077 03/12/2024 APPLE VALLEY FEED BIN Pig Food 49.55
166078 03/12/2024 APPLE VALLEY PORTABLES Brewster Park Portables 300.01 166079 03/12/2024 APPLE VALLEY PRINTING ENVELOPES 631.42
166080 03/12/2024 APPLE VALLEY TIRE 128083 148.01
166081 03/12/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N & Medical Treatment 4,978.42 166082 03/12/2024 BRIGHTVIEW LANDSCAPE SERVICES FEBRUARY 2024 LANDSACPE SVC - EDEN PO 2324- 000008
19,790.00
166083 03/12/2024 BURRTEC WASTE INDUSTRIES, INC HHW Feb 2024 4,065.27 166084 03/12/2024 CHARLES ABBOTT ASSOCIATES December Building & Safety 83,973.50 166085 03/12/2024 DELL MARKETING L.P. Dell - keyboard purchase 80.80 166086 03/12/2024 G&M TOWING & RECOVERY 24-151375 900.00 166087 03/12/2024 GATEHOUSE MEDIA CALIFORNIA NOI MND GPA 2023-001 339.20 166088 03/12/2024 LIBERTY UTILITIES CA 12/22/23-2/22/24 238.32 166089 03/12/2024 LOWE'S (LAR) Pool Filter Repairs 105.91 166090 03/12/2024 MDG ASSOCIATES INC Labor Compliance Services ADA Golf Course 5,555.63 166091 03/12/2024 MICHAEL BAKER INTERNATIONAL Yucca Loma ES SRTS 1,446.70 166092 03/12/2024 MWI ANIMAL HEALTH Shelter Meds 1,109.80 166093 03/12/2024 Emily Torres S/N Deposit Refund for Adoption 01-30-2024 5 35.00 166094 03/12/2024 Jesse Lopez S/N Deposit Refund for Adoption 12-06-2023 02 40.00 166095 03/12/2024 Royann Behrmann S/N Deposit Refund for Adoption 01-06-24 06 40.00 166096 03/12/2024 Shelly Lee Devlin S/N Deposit Refund for Adoption 234650 40.00 166097 03/12/2024 Voided Voided 0.00
166098 03/12/2024 SPARKLETTS Water 86.12
166099 03/12/2024 TOWN OF APPLE VALLEY MARCH SEWER 2,445.68 166100 03/12/2024 VALLEYWIDE NEWSPAPERS LLC Legal Advertising 24-25 CDBG English 157.50 166101 03/12/2024 VERIZON WIRELESS Verizon - Feb 4,380.81 166102 03/18/2024 360 FREESTYLE GYMNASTICS Instructor pay Cheer-Tumbling February 2024 162.40 166103 03/18/2024 ALBERTSONS LLC Planning Commission Snacks 18.08 166104 03/18/2024 ALL GOOD DRIVING SCHOOL, INC. Instructor Pay February 2024 133.00 166105 03/18/2024 AMAZON CAPITAL SERVICES Golf Course Cushman Sprayer 182.03 166106 03/18/2024 CALLAWAY GOLF SALES CO. Resale items 1,412.45 166107 03/18/2024 CAPITAL ONE Walmart ASAP 219.23
166108 03/18/2024 CHARLES ABBOTT ASSOCIATES Engineering January 2024 130,340.25 166109 03/18/2024 EDISON COMPANY 1/1/24-1/31/24 27,306.91 166110 03/18/2024 ESQUIBEL, DEBRA Instructor Pay Aerobics February 2024 172.80
166111 03/18/2024 FEDEX SHIPPING 117.79
166112 03/18/2024 FUN EXPRESS Holiday Craft Fair 2023 1,294.02 166113 03/18/2024 GARDA CL WEST, INC MARCH SERVICES 1,117.18 166114 03/18/2024 GATEHOUSE MEDIA CALIFORNIA CUP2023-006 570.83 166115 03/18/2024 HIGH DESERT JUNIOR GOLF ACADEMY Instructor Pay Golf Lessons February 2024 612.00 166116 03/18/2024 KIMLEY-HORN AND ASSOCIATES, INC. Yucca Loma Road Widening 18,424.50 166117 03/18/2024 LIBERTY UTILITIES CA 1/5/24-3/4/24 242.67 166118 03/18/2024 LOWE'S (LAR) DSB Boiler repairs 1,316.59 166119 03/18/2024 MOJAVE PAINT & BODY VEHICLE REPAIR 2,771.71 166120 03/18/2024 NAPA Golf Course Sprayer Tank 28.26
166121 03/18/2024 Amy Marchiando TUP2023-001 Bond Release 2,000.00 166122 03/18/2024 PIERCE, SIERRA Reimburse pen supplies 9.37 166123 03/18/2024 RSG, INC FY23-24 SA SERVICES AND CB RECONCILIATION 343.75 166124 03/18/2024 SAN BERNARDINO COUNTY SHERIFF'S
DEPARTMENT
MARCH LAW ENFORCEMENT SERVICES 3,032,852.01
166125 03/18/2024 SCMAF SCMAF Class Insurance February 2024 273.00 166126 03/18/2024 SOUNDSTRIPE INC. 2024 MUSIC LICENSE AGREEMENT 5,000.00 166127 03/18/2024 SOUTHWEST GAS CORPORATION 1/9/24-2/7/24 189.26 166128 03/18/2024 TAYLOR, SHARI Instructor Pay baton twirling February 2024 387.00 166129 03/18/2024 THE GOODYEAR TIRE & RUBBER CO TIRES 2,078.56 166130 03/18/2024 TOWN OF APPLE VALLEY MARCH SEWER 783.03 166131 03/18/2024 VALLEYWIDE NEWSPAPERS LLC Lake Creek NOP 186.25 166132 03/18/2024 WITHERS, KANISHA Mileage 12/12/23-3/12/24 46.24 166133 03/20/2024 San Bernardino County Clerk of the Board Check Request San Bernardino County 50.00 166134 03/22/2024 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 5.55 166135 03/22/2024 AMERICAN COMPUTER SERVICE POSTAGE/STATEMENTS 12,721.60 166136 03/22/2024 AMERICAN FIDELITY ASSURANCE MARCH PREMIUMS 5,485.78 166137 03/22/2024 AMERICAN FLEET SERVICE #112 3,416.82
166138 03/22/2024 ANIMAL CARE HOSPITAL Spay/Neuter Voucher Program 350.00 166139 03/22/2024 ANIMAL EMERGENCY CLINIC Medical Treatment 102.00 166140 03/22/2024 APPLE VALLEY ANIMAL HOSPITAL Adoption S/N 140.50 166141 03/22/2024 APPLE VALLEY CAR WASH FEBRUARY SERVICES 305.82 166142 03/22/2024 APPLE VALLEY TIRE Tire Repair for Truck # 83 140.88
166143 03/22/2024 APPLE VALLEY UNIFIED SCHOOL DISTRICT FINES AND FORFEITURES JANUARY 2024 173.04 166144 03/22/2024 AUTOMATED GATE SERVICES, INC P.D. Entry Gate repairs 252.00 166145 03/22/2024 BATTERY MART 373265 106.82
166146 03/22/2024 BEAR VALLEY ANIMAL HOSPITAL Spay/Neuter 9,957.03 166147 03/22/2024 BENEFIT COORDINATORS CORPORATION MARCH PREMIUM 7,441.67 166148 03/22/2024 BENEFIT COORDINATORS CORPORATION FEBRUARY PREMIUMS 6,516.40 166149 03/22/2024 BEST PRICE AUTO GLASS WINDSHIELD REPAIR 2,128.81 166150 03/22/2024 BOOT BARN, INC. CUBBY RINCON BOOTS 571.91 166151 03/22/2024 CED PD lights 1,549.60
166152 03/22/2024 CHARTER COMMUNICATIONS Spectrum - Mar - Golf 455.74 166153 03/22/2024 COUNTY OF SAN BERNARDINO AMENDED TAX BILL- PARCEL 3087436210000 26.00 166154 03/22/2024 COUNTY OF SAN BERNARDINO- ISD Department Radios 3,107.64 166155 03/22/2024 DRUCKENMILLER ROOFING AVAS roof repairs 2,100.00 166156 03/22/2024 DUNN EDWARDS CORPORATION AMC Theater Paint 244.35 166157 03/22/2024 EDISON COMPANY 2/5/24-3/5/24 4,233.46 166158 03/22/2024 FIDELITY SECURITY LIFE INS / MARCH PREMIUMS 969.04 166159 03/22/2024 G.A. OSBORNE PIPE & SUPPLY Grounds- Sprinkler Supplies 407.50 166160 03/22/2024 GRAINGER, INC. AVAS HVAC 546.34
166161 03/22/2024 HAAKER EQUIPMENT CO 93 2,740.29
166162 03/22/2024 HDL SOFTWARE LLC DECEMBER SERVICES 229.68 166163 03/22/2024 HITT PLUMBING CO., INC. AVAS water line women's restroom repairs 1,242.00 166164 03/22/2024 HOME DEPOT CREDIT SEVICES PAINT 103.18 166165 03/22/2024 JOHNSON CONTROLS AVAS HVAC repairs 2,417.95 166166 03/22/2024 KELLEYS UNDERGROUND CONST. INC EMERGENCY REPAIR AT CENTRAL AND BEAR
VALLEY NO PO
35,016.00
166167 03/22/2024 LIBERTY UTILITIES CA 1/5/24-3/4/24 9,315.64 166168 03/22/2024 LOWE'S (LAR) AVAS gutter repairs 937.12 166169 03/22/2024 MIRACLE RECREATION EQUIPMENT MOGUL SLIDE 1,247.09 166170 03/22/2024 MOBILE OCCUPATIONAL SERVICES Pre-Employment Screening 110.00 166171 03/22/2024 MOJAVE DESERT & MOUNTAIN December 2023 89,600.41 166172 03/22/2024 MOJAVE PAINT & BODY VEHICLE REPAIR 582.03 166173 03/22/2024 MWI ANIMAL HEALTH Shelter Meds 3,629.03 166174 03/22/2024 NAPA ROUGH MOWER 42.41
166175 03/22/2024 NEW YORK LIFE REMITTER ID 988954670 475.97
166176 03/22/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 230.79 166177 03/22/2024 Trash Refunds Trash Refunds 315.75
166178 03/22/2024 Merle Jean Harvey S/N Deposit Refund for Adoption 40.00 166179 03/22/2024 Susana Rios S/N Deposit Refund for Adoption 40.00 166180 03/22/2024 TABITHA C. CARR PROPERTY DAMAGE CLAIM SETTLEMENT 1,847.51 166181 03/22/2024 Trash Refunds Trash Refunds 77.55
166182 03/22/2024 PRECISION LOCK & SAFE Grade 1 combo lock 742.83 166183 03/22/2024 PRUDENTIAL OVERALL SUPPLY UNIFORMS 714.36 166184 03/22/2024 QUADIENT, INC. INK 232.36
166185 03/22/2024 ROW TRAFFIC SAFETY, INC VARIOUS SNS 5,364.23 166186 03/22/2024 SAN BERNARDINO & RIVERSIDE AMC Theater fire prot. extinguisher service cert. 1,582.50 166187 03/22/2024 SHRED YOUR DOCS.COM Records Retentions Schedule Destruction 1,540.00 166188 03/22/2024 ST. FRANCIS ELECTRIC, LLC FEBRUARY 2024 ROUTINE 8,898.70 166189 03/22/2024 STERICYCLE REGULAR SERVICE/OFF SITE 144.69 166190 03/22/2024 TERRYBERRY Service Awards 818.63
166191 03/22/2024 TEXAS LIFE INSURANCE CO. MARCH PREMIUMS 1,083.60 166192 03/22/2024 TURF STAR INC. SERVICE SCHOOL - ARTURO TRUJILLO 100.00 166193 03/22/2024 UNDERGROUND SERVICE ALERT OF SO.
CALIFORNIA
DIG TICKETS 337.25
166194 03/22/2024 WANG, YIJIA JANUARY SERVICES 2,530.00 166195 03/22/2024 WAXIE SANITARY SUPPLY AVAS Janitorial Supplies 767.66 166196 03/22/2024 WINSUPPLY AVAS Pressure washer repairs 293.08 166197 03/25/2024 ABF PRINTS, INC. Postcards 1,040.52
166198 03/25/2024 ACUSHNET COMPANY Golf Course resale items 94.66 166199 03/25/2024 ADSCOT PEST CONTROL INC. Pest control 12/8/23 55.00 166200 03/25/2024 AMAZON CAPITAL SERVICES OFFICE SUPPLIES 386.83 166201 03/25/2024 AMAZON CAPITAL SERVICES Amazon - office supplies 113.07 166202 03/25/2024 AMAZON CAPITAL SERVICES Amazon - Canon cartridge for plotter 530.02 166203 03/25/2024 AMERICAN TREE COMPANY Proposal # 592Remove Fallen elm 1,200.00 166204 03/25/2024 APPLE VALLEY PORTABLES Portables- Lyons Park 11/2/23 200.00 166205 03/25/2024 AVCOM SERVICES INC. AV Com - Quarterly Alarm Monitoring - Golf 405.00 166206 03/25/2024 CACEO Mod three-Joe 600.00
166207 03/25/2024 CALLAWAY GOLF SALES CO. Golf Course resale items 866.49
166208 03/25/2024 CAPITAL ONE ASAP 767.25
166209 03/25/2024 CED AVAS light repairs 1,329.38
166210 03/25/2024 CHARTER COMMUNICATIONS Spectrum - March 6,315.27 166211 03/25/2024 DRUCKENMILLER ROOFING Public Works Building 'A' roof repairs 6,800.00 166212 03/25/2024 EDISON COMPANY 2/9/24-3/11/24 7,109.31 166213 03/25/2024 ENDURA STEEL Sheet metal for signs 73.00 166214 03/25/2024 ENERGY SERVICE PARTNERS, INC Morrits RRLP- Solar Reinstalled and Finale 5,701.00 166215 03/25/2024 FAUST MEDIA SERVICES At a glance flyers 317.09 166216 03/25/2024 FEED MY SHEEP 3rd Qtr WinCo Foods Groceries 3,184.56 166217 03/25/2024 FISH WINDOW CLEANING Golf Shop window cleaning 30.00 166218 03/25/2024 GRAINGER, INC. Bathroom Kitchen signs Town hall 386.68 166219 03/25/2024 HDL SOFTWARE LLC CONTRACT SERVICES- SALES TAX 1/2024-3/2024 1,953.91 166220 03/25/2024 HESPERIA OUTDOOR POWER EQUIP Grounds- Chain Saws 285.91 166221 03/25/2024 HITT PLUMBING CO., INC. James woody park restroom valve replacement 1,295.00 166222 03/25/2024 IMPERIAL SPRINKLER SUPPLY AVAS Pressure washer repairs 9.56 166223 03/25/2024 JON'S FLAGS & POLES INC. US and California flags with grommets 2,007.53 166224 03/25/2024 KIMBALL MIDWEST Grounds PPE 660.55
166225 03/25/2024 KONICA MINOLTA PREMIER FINANCE Konica - C4080 base - March 916.96 166226 03/25/2024 LAWYERS TITLE COMPANY 22759 LONE EAGLE ROAD 106.43 166227 03/25/2024 LIBERTY UTILITIES CA 12/16/23-2/15/24 2,171.16 166228 03/25/2024 LOWE'S (LAR) Return P.W. wall repairs aquadefense & concrete 921.13 166229 03/25/2024 MDG ASSOCIATES INC HOME RRLP Feb 11,231.14 166230 03/25/2024 NAPA Parts 299.17
166231 03/25/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 54.15 166232 03/25/2024 DANIEL MITROVICH BUSINESS LICENSE FEE REFUND 54.00 166233 03/25/2024 EMPOWER SOLAR INC PHOTOVOLTAIC 141.66 166234 03/25/2024 FREEDOM FOREVER LLC PHOTOVOLTAIC 141.66 166235 03/25/2024 PNC EQUIPMENT FINANCE Origination Fee 250.00 166236 03/25/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 766.64 166237 03/25/2024 RUTH AND NAOMI PROJECT INC. 2nd Qtr. food purchase for senior food dist. 1,926.27
166238 03/25/2024 SAN BERNARDINO & RIVERSIDE James Woody fire prot. extinguisher certified 571.80 166239 03/25/2024 SHERWIN WILLIAMS Town Hall Paint 41.25 166240 03/25/2024 SILVER VALLEY PROPANE PROPANE 54.12
166241 03/25/2024 SITEONE LANDSCAPE SUPPLY LLC Herbicide 2,160.81 166242 03/25/2024 SOUTHWEST GAS CORPORATION 2/13/24-3/13/24 5,625.05 166243 03/25/2024 SPLATTERED INK, LLC Uniform Printing 57.80 166244 03/25/2024 SUNDAY SWAGGER, LLC Pro shop resale items 169.14 166245 03/25/2024 TAYLOR MADE GOLF COMPANY INC Golf course resale items 284.81 166246 03/25/2024 TOWN OF APPLE VALLEY MARCH SEWER 220.98 166247 03/25/2024 TURF STAR INC. Golf Course- Aerator/ Rough Mower 3,267.77 166248 03/25/2024 US AIR CONDITIONING James Woody HVAC repairs 53.88 166249 03/25/2024 VALLEY SECURITY SYSTEMS INC Navajo Rd. Park security monitoring and maintenanc
80.00 166250 03/25/2024 WAXIE SANITARY SUPPLY Janitorial Supplies 1,978.06 166251 03/25/2024 WINSUPPLY DSB toilet repairs 760.28
166252 03/28/2024 ALBERTSONS LLC JPIA Training 255.64
166253 03/28/2024 AMAZON CAPITAL SERVICES Office Supplies HR 29.49 166254 03/28/2024 AMAZON CAPITAL SERVICES Amazon - HD4974 - scanners 622.80 166255 03/28/2024 AVCOM SERVICES INC. AV Com - Answering Service - Apr 356.60 166256 03/28/2024 AVCOM SERVICES INC. AV Com - Quarterly Alarm Monitoring 1,305.00 166257 03/28/2024 AVCOM SERVICES INC. AV Com - Quarterly Alarm Monitoring - AMC 300.00 166258 03/28/2024 BLACK CLOVER ENTERPRISES LLC Golf course- resale items 274.24 166259 03/28/2024 CAPITAL ONE JPIA Training Snacks 121.36 166260 03/28/2024 CARAHSOFT TECHNOLOGY CORPORATION Asset Management Software 75,698.65 166261 03/28/2024 CED PD lights 3,558.84
166262 03/28/2024 CLUB CADDIE HOLDINGS Club Caddie - Apr 750.00 166263 03/28/2024 CPRS Membership fees for CPRS Debbie Danielle Sabrina
850.00
166264 03/28/2024 CULLIGAN BOTTLED WATER Golf course- water for restaurant 124.15 166265 03/28/2024 DAVID EVANS & ASSOC, INC EDEN PO 2223-000057 15,118.95 166266 03/28/2024 DELL MARKETING L.P. Dell - HD5098 392.69 166267 03/28/2024 EDISON COMPANY 2/12/24-3/12/24 36,719.79 166268 03/28/2024 ENVIROMINE, INC. 3/4/2024 3,607.50
166269 03/28/2024 FORBES GRAPHX & SIGNS Golf course- banner 'APPLE VALLEY GOLF COURSE' 269.38 166270 03/28/2024 GFSI LLC (74-2810748) Golf Course- Resale items 1,373.16 166271 03/28/2024 GOLDEN STATE WATER COMPANY 1/25/24-2/28/24 1,143.31 166272 03/28/2024 GREINES, MARTIN, STEIN OCTOBER SERVICES AV RANCHOS WATER 32,115.00 166273 03/28/2024 HARBOR FREIGHT TOOLS Van Supplies 65.66 166274 03/28/2024 HASA INC. Pool Chemicals 3,465.85
166275 03/28/2024 HRDIRECT Poster Guard 484.80
166276 03/28/2024 LIBERTY UTILITIES CA 1/5/24-3/5/24 4,143.13 166277 03/28/2024 LOGICALIS Logicalis - AMP/Secure Endpoint Antivirus 6,327.00 166278 03/28/2024 LOWE'S (LAR) Aquatics Paint supplies 9.12 166279 03/28/2024 MATRIX AUDIO VISUAL DESIGNS Projection System 29,267.90 166280 03/28/2024 MATRIX AUDIO VISUAL DESIGNS Civic Center Security Camera Additions 55,406.83 166281 03/28/2024 MATRIX AUDIO VISUAL DESIGNS Animal Services Security Cameras 21,477.91 166282 03/28/2024 EMPOWER SOLAR INC PHOTOVOLTAIC 141.66 166283 03/28/2024 Trash Refunds Trash Refunds 107.64
166284 03/28/2024 Trash Refunds Trash Refunds 503.17
166285 03/28/2024 Trash Refunds Trash Refunds 1,500.00
166286 03/28/2024 PNC EQUIPMENT FINANCE Leased equipment 10,719.71 166287 03/28/2024 PRUDENTIAL OVERALL SUPPLY Work uniforms 1,056.34 166288 03/28/2024 SCP DISTRIBUTORS LLC Pool sump pump 483.17 166289 03/28/2024 SOUTHWEST GAS CORPORATION 1/9/24-2/7/24 10,012.39 166290 03/28/2024 TEAMCALIFORNIA ECONOMIC ICSC Las Vegas Booth/Kiosk 3,300.00 166291 03/28/2024 TURF STAR INC. 1 ProCore 648S Aerifier 84,391.97 166292 03/28/2024 V.V.W.R.A. SEWAGE TREATMENT - FEBRUARY 2024 298,687.72 166293 03/28/2024 WAXIE SANITARY SUPPLY Vacuum Bags Micro Filters 39.74 166294 03/28/2024 WINSUPPLY Pool filter repairs 118.27
166295 03/28/2024 WPONCALL WEBSITE MAINTENANCE 300.00
342 Checks Total amount of checks: 4,728,634.66
Check # Date Vendor Description Check Total
75 03/07/2024 LEE & RO, INC. EDEN PO#20210029 - JESS RANCH LIFT STATION PROJECT 5,314.90 76 03/07/2024 TYPE-SET-GO Notices 592.63
77 03/07/2024 VULCAN MATERIALS MIX 1,292.03
78 03/07/2024 CADY, MICHAEL Retiree Reimbursement 281.40 79 03/07/2024 CRON, DENNIS Retiree Reimbursement 460.00 80 03/07/2024 CUPP, PAMELA Retiree Reimbursement 1,181.87 81 03/07/2024 KELLEY, KAREN Retiree Reimbursement 578.34 82 03/07/2024 LAMSON, LORI Retiree Reimbursement 1,325.55 83 03/07/2024 MCKEON, TOM Retiree Reimbursement 99.53
84 03/07/2024 MILLER, CAROL Retiree Reimbursement 457.80 85 03/07/2024 MOLINARI, MICHAEL Retiree Reimbursement 721.18 86 03/07/2024 SIMMONS, DAWN Retiree Reimbursement 557.10 87 03/07/2024 SMITH, KEVIN Retiree Reimbursement 361.16 88 03/07/2024 SULZBERGER, DIANNE Retiree Reimbursement 578.34 89 03/08/2024 INLAND FAIR HOUSING & 3rd Qtr disbursement CDBG fair housing jan2024 1,174.21 90 03/08/2024 INTERWEST CONSULTING GROUP INC EDEN PO 2324-000028 168.75 91 03/08/2024 SICILIANOS CONSTRUCTION COMP RRLP Disbursement #3- Fisher 8,500.00 92 03/14/2024 BATTISTA, RICHARD March 1st Half 3,863.70 93 03/14/2024 BURNELL, DON Instructor Pay Tae Kwon Do February 2024 148.40 94 03/14/2024 CARROLL, MARY ANNE Instructor pay Yoga February 2024 289.80 95 03/14/2024 CHRIST THE SOLID ROCK 2nd Qtr- payroll for staff 4,860.00 96 03/14/2024 FLYERS ENERGY, LLC FUEL 102.69
97 03/14/2024 GARCIA, NEIL Instructor pay guitar lessons February 2024 240.00 98 03/14/2024 MOCHARNUK, BILL Instructor pay Tennis February 2024 321.30 99 03/14/2024 MURO, MARIA Instructor Pay Water aerobics February 2024 332.50 100 03/14/2024 MYERS, MELANIE Instructor Pay February 2024 1,080.00 Town of Apple Valley
Commercial Warrants
Month of March 2024
Electronic Fund Transfers
101 03/14/2024 RICHLING, HAILEY Instructor Pay February 2024 256.03 102 03/14/2024 SICILIANOS CONSTRUCTION COMP Fisher Disbursement #4 9,650.00 103 03/14/2024 URMSTON, CHRIS Instructor pay Tai Chi February 2024 177.30 104 03/14/2024 VETERAN SECURITY INC SECURITY SERVICES @ THEATER 03/03-03/09 7,530.00 105 03/18/2024 INTERWEST CONSULTING GROUP INC EDEN PO 2324-000028 Central Business Center 11,817.50 106 03/22/2024 B B & K Retainer February 2024 43,581.42 107 03/22/2024 BURRTEC WASTE INDUSTRIES INC AS 988,561.36 108 03/22/2024 FLYERS ENERGY, LLC PD FUEL 98.91
109 03/22/2024 MESQUIT'S SUPPLY, LLC AMC Theater Custodian Supplies 478.81 110 03/22/2024 MOJAVE PRINTING SOLUTIONS BUS STOP SIGNS 3,092.74 111 03/22/2024 TYPE-SET-GO Code Forms 4,367.11
112 03/22/2024 VULCAN MATERIALS MIX 1,171.78
113 03/25/2024 BATTISTA, RICHARD Second half March 1,557.60 114 03/25/2024 CDW GOVERNMENT, INC. CDWG - APC replacement - HD4932 559.52 115 03/25/2024 DIAMOND CONSTRUCTION Morrits RRLP- #5 11,743.50 116 03/25/2024 FEHR & PEERS Circulation Element Update 8,870.00 117 03/25/2024 QUADIENT FINANCE USA, INC POSTAGE 4,505.00 118 03/28/2024 INTERWEST CONSULTING GROUP INC EDEN PO 2324-000028 SPR2022-009 9,453.75 119 03/28/2024 SOPHIA F. SCULLY SBA Grant Scully Haircuts No. 5 8,652.00 45 EFT's Total amount of EFT's: $1,151,007.51
Wire Reference Date Beneficiary Name Description Wire Total REF000456 3/26/2024 Capital One LEASE PMT CONF CENTER & DEV BLDG $ 53,577.50 Total: $ 53,577.50
TOWN OF APPLE VALLEY
WIRE TRANSFERS
MONTH OF MARCH 2024
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: MARCH 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
BACKGROUND
Per Sections 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property, or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.
SUMMARY
Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve, or reject such a register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.
The Payroll / Benefits warrants issued from March 1 through March 31, 2024, in the amount of $1,135,783.93 net of voids, covering issued warrant #s 69931-70057 and direct deposit advice #s 9987769-9988430 are herewith submitted for approval.
FISCAL IMPACT
DATE TOTAL
03/01/2024 $372,539.30
03/15/2024 $378,071.74
03/29/2024 $385,172.89
TOTAL: $1,135,783.93
The payroll and benefit warrants issued, covering warrant #s 69931-70057 and direct deposit advice #s 9987769 – 9988430 inclusive, totaled $1,135,783.93.Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a contract to J. Allison Construction for the Residential Rehabilitation Loan Program H24-03 subject to “Aproval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.
BACKGROUND
Apple Valley administers grant funds allocated by the U.S. Department of Housing and Urban Development and the Office of Community Planning and Development toward the Residential Rehabilitation Loan Program (RRLP) to assist low-moderate-income households with health, safety, and ADA improvements, deferred maintenance, and to preserve the integrity and quality of the housing stock within the Town. To comply with federal regulations, the Town must address all health and safety deficiencies and meet Housing Quality Standards.
Applicant Case No. H24-03 applied for the Residential Rehabiliation Loan Program (RRLP) on November 6, 2023, and was administratively approved on January 4, 2024. In accordance with program regulations, a procurement process is required, and a job walk was conducted on February 9, 2024, with three (3) qualified contractors present.
On March 7, 2024, staff received three (3) complete bids. The bid results were as follows:
Contractor Base Bid Price
1. J.Allison Construction $47,800.00
2. R. Lawerence Construction $60,585.00
3. All Hands Construction $52,400.00
Once awarded, the contractor will be responsible for providing the necessary labor, equipment, and materials to complete the project as detailed in the work write-up and as agreed upon in the excecuted contract. Project shall be completed within 30 working days.
Enviromental Review- A required Enviromental Review was completed and determined to be Categorically Excluded Subject to Section 58.5 pursuant to CFR 58.35(a). Based on the age of the property, lead testing was not required.
ANALYSIS
The work write-up which contains the scope of work was prepared by Charles Abbott and Associates (CAA). Staff reviewed the submitted bid submissions for completeness and considers J. Allison Construction to be the lowest, qualified, responsible, and responsive bidder.
The Town offers Residential Rehabilitation Loans of up to $75,000. In order to meet the Housing Quality Standards requirement, under the HOME program, a contingency of $12,200 will be set aside in the event that unforeseen circumstances arise. The loan amount may increase by the contingency amount resulting in an increase to the overall loan amount. The final loan amount will be determined at the end of the project and after all Building and Safety inspections have been completed.
FISCAL IMPACT
Funding for this project has been appropriated in the 2023-2024 program year budget using the HOME Investment Partnership Program.
ATTACHMENTS
1. Owner-Occupied Housing Rehabilitation Program Construction Contract
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TOWN OF APPLE VALLEY
OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM
CONSTRUCTION CONTRACT
This Contract is made and entered into by and between:
H24-03 J. Allison Construction
Owner Contractor
H24-03 14133 Americana St.
Property Address Contractor Address
Apple Valley, CA 92307 Victorville, CA 92392
City, State and Zip Code City, State and Zip Code
9 day of April 2024
1. General Scope of Work. Contractor shall furnish all necessary labor, tools, materials, fixtures, and equipment and complete the work concerning the property located at H24-03, Apple Valley, CA 92307 in accordance with the work write-up with bid prices referenced as Attachment “A” (27 pages) of this Contract. Owner agrees to the scope of work identified in Attachment “A” and agrees that all loan funds received from the Town of Apple Valley (“Town”) shall be used solely for the purpose of completing items identified in Attachment “A”. Change Orders will not be accepted without prior written approval from Town Staff.
2. Payment of CDBG and HOME Funds. The Contractor shall be paid, for performance, the total sum of FortySeven Thousand, Eight Hundred and 00/100 Dollars ($47,800.00). A maximum of three progress payments will be made that will include any amounts due under the Contract. Contractor's final request, which includes the 5% retention, and remaining contract amount must include a signed building inspection card, if a permit was required, and signed labor and materials' lien releases. The contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party. Once the Contractor submits final inspection request, the Construction Manager will schedule a final inspection to ensure the work has been completed per the Scope of Work and meets all applicable Building Codes. The Construction Disbursement Form will be signed by the Construction Manager, Project Mangers, Contractor, Homeowner(s) and Program Director. All payments are subject to a “Net 30” payment window.
3. Time of Completion of the Project. No work shall be commenced by the Contractor until they have received a written Notice to Proceed from the Town, which shall be issued within 10 days after execution of this Contract. Owner shall have the job site ready for commencement of construction. Contractor shall commence work within ten (10) days after a receipt of a Notice to Proceed and shall complete the same within 60 working days after commencement, subject to permissible delays as described in part 14 hereof.
The projected final completion date is May 28, 2024
4. Contractor's License. Contractor hereby affirms that he/she is ready, willing and able to perform the work required and will maintain in full force and effect, throughout the term of this Contract hereof, a State Contractor's License pursuant to the California Business and Professions Code. Neither the Town nor any of its representatives nor the Owner shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth.
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Contractor shall perform all services required herein as an independent contractor and shall remain at all times as to Town a wholly independent contractor with such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town or Owner
5. Site Examination. Contractor hereby affirms that he/she has visited the Project site and examined for himself/herself the nature of all existing conditions. Contractor agrees to furnish all labor and materials necessary to prepare the site for execution of this Agreement.
6. Plans, Specifications and Permits. The Project will be constructed according to the Work Write-Up that was examined by Contractor prior to submitting a bid thereon and approved by Owner. Contractor shall obtain and pay for all building permits and licenses required to complete the work. Any drawings or sketches which may be attached to or furnished with the Work Write- Up are intended to clarify or further describe the job.
Because of the nature of work being done, some details of sketches or drawings may be “typical” and grades, dimensions and exact existing conditions may need to be verified at the job site. Unless specifically noted, all construction methods and materials used shall conform to the requirements of the Uniform Building Code as adopted by the Town. Any work done by the Contractor that is not in conformity with the Work Write-Up or applicable building codes shall be immediately repaired by Contractor, including the cost of labor, material and supplies prior to final payment.
7. Construction Inspections. Town shall be permitted to inspect work performed by Contractor to ensure that the work is performed in accordance with the provisions of this Agreement and applicable general and local law and codes. Town shall be permitted at all reasonable times to inspect and review all relevant data and records of Contractor. Contractor agrees to retain and provide to Town, access to any books, documents, papers and records for audit or examination for a minimum of three (3) years after final payment and all other pending matters relative to the performance of this Agreement are closed.
8. Workmanship. Compliance with the work write-up and all applicable building codes and regulations regarding materials, methods and assembly will not, in itself, assure acceptance of the construction. Of equal importance is good workmanship, the lack of which shall be sufficient cause to refuse acceptance of the construction. The Contractor warrants that all materials, fixtures and equipment furnished by the Contractor shall be new, of good quality, and of good title, and that the work shall be done in a neat and workmanlike manner. All manufacturers’ and suppliers’ written guarantees and warranties covering materials and equipment furnished under the Contract shall be delivered to the Owner(s) and Project Manager. The Contractor shall warrant all work and promptly remedy any defect in the work and shall pay for any damage to other work resulting therefrom, which may appear within a period of one year from the date of final acceptance of the work. The Owner(s) shall give notice of observed defects with reasonable promptness.
9. Lead Based Paint. The Contractor agrees not to use lead-based paint in the Contractor’s performance of this Contract. “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight; per 24 CFR 35.86
10. Labor, Materials and Bonds. Contractor shall pay all charges for labor and materials incurred by Contractor and used in the construction of the project. Should Contractor fail to make the payments required, payments may be made on the behalf of Contractor and such amount shall be deducted from the total Contractor amount.
11. Changes to Contract. Owner may not require a contractor to perform extra or Change Order work without providing written authorization prior to the commencement of any work covered by the Change Order. In the event a change is required in the scope of work to be done, the Contractor shall prepare a change order indicating the change for addition, deletion, or deviation from the original construction contract. Said change order shall be signed by the Contractor and be approved in writing by the Owner and the Town before Contractor proceeds with the work. Contractor's failure to comply with requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new Change Order. The order must describe the scope of
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the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments, and the completion date.
12. Clean-up. Upon completion of each day's work, Contractor will remove debris and surplus material and leave the premises in a neat and clean condition.
13. Incorporated Documents to be Considered Complementary. The aforesaid Work Write-Up is incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, attached hereto, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.
14. Protection of Work and Equipment. Contractor shall, at all times, provide protection against weather, rain, wind, storms and heat so as to maintain all work, materials, apparatus and fixtures free from injury or damage. At the end of each day's work, all new work or existing improvements exposed and likely to be damaged shall be protected and the premises shall be secured. Any work damaged by failure to provide protection as required above shall be replaced with new work at Contractor's expense. It shall be the responsibility of the Owner to remove all personal property from the work area and to otherwise make the premises available to Contractor to perform the work described herein. IN THE EVENT THAT THE WORK WILL RENDER OWNER’S BATHROOM FACILITIES, INCLUDING TOILET, BATHTUB/SHOWER OR
WASH BASIN OR KITCHEN FACILITIES, INCLUDING SINK, REFRIGERATOR AND RANGE INOPERATIVE OR OTHERWISE UNAVAILABLE FOR A PERIOD EXCEEDING 24 HOURS, CONTRACTOR SHALL PROVIDE TEMPORARY FACILITIES ON THE PREMISES FOR USE BY OWNER.
15. Work Days. Any day of a normal workweek, Monday through Friday, except legal holidays.
16. Delays. The Owner and Contractor agree that the period of the contract may be extended, by mutual Contract, for good cause. Extensions shall be in writing, shall reference this Contract, shall be signed and dated by the Parties hereto, with a copy provided to the Housing Department Staff. Contractor will not be held responsible for failure to complete said work within the specified time if delay is due to strikes, conscription of property, government priority regulations, inclement weather conditions, Acts of God, capricious or unreasonable acts or omissions or noncompliance of Owner, or any other causes beyond his/her control. The Final Completion Date may be extended for delays caused by acts of God, acts of Owner or for any additional work requiring additional time, but only to the extent such additional time is set forth in writing.
17. Owner Responsibilities. During the time for performance for work under this contract, Owner shall not have other Contractors or workers on the premises without written permission of the Contractor. This restriction shall not apply if Contractor is in default under this Contract. While this contract is in force, Owner shall permit Contractor to use existing utilities such as light, heat, power and water to carry out and complete the work, and shall completely cooperate with Contractor to facilitate the performance of the work, including the removal and replacement of rugs, draperies, coverings, furniture, etc., as necessary. Contractor shall provide additional receptacles for trash and debris removal, based upon expected need at no additional cost to Owner.
18. Whole or Partial Destruction of Property. If the work provided for should, before completion, be wholly or partially destroyed by fire, defective soil, earthquake, or Acts of God, which Contractor could not have reasonably foreseen and provided against, then the loss so occasioned shall be sustained by Owner, provided, however, that any damage or destruction to Owner’s real or personal property caused by Contractor or his or her agents during construction shall be repaired and/or paid for by Contractor prior to final payment. In the event of whole or partial destruction of work provided, the Owner shall have the right to determine whether to complete construction. In the event Owner elects not to complete construction, the Contractor shall be provided payment for the work performed to the date of notification to Contractor to cease construction.
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19. Contractor Default. Should the Contractor, at any time during the progress of the work, refuse or neglect, without fault of the Owner, to supply sufficient materials or workers to complete the work hereunder within the time specified (due allowances being made for the contingencies provided for), Owner shall have the right to declare the Contractor in default. In such event, the Owner shall be responsible for providing written notice to the Contractor and a copy to the Town by registered mail of such default. If the Contractor fails to remedy such default within fifteen (15) days of mailing such notice, the Owner shall have the right to select one or more substitute contractors acceptable to the Town to finish the work. Per 2 CFR 200, the Town will review the findings by which, the Owner has identified and declared the Contractor to be in default of the Contract. The Town will provide a written release to the Contractor releasing them of their contractual obligation. The Contractor shall be paid for all work satisfactory performed in accordance with this contract prior to termination. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the Town within ten (10) days after Town mails by registered mail a written request for payment to the Contractor. The Town may use all or any portion of the remaining balance including retention amount to compensate substitute contractors selected pursuant to this paragraph, and the Contractor shall have the right to object to this determination by the Town.
20. Termination of Convenience. This agreement may be terminated by either party with or without cause, upon thirty (30) days written notice to the other party. A copy of the notice shall be submitted to the Town within 24 hours of notification to the other party. All work shall cease at the conclusion of the notice period and Contractor shall be paid for all work satisfactorily performed in accordance with this contract prior to termination.
21. Insurance. Contractor warrants that Contractor has obtained all insurance required. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained. Contractor agrees to maintain and provide evidence of the following policies of insurance at all times during the life of this contract:
a. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to employees and provide certification that the contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code; Contractor to comply with such provisions before commencing the performance of work of this contract. b. Comprehensive General Liability. Every contractor shall secure a comprehensive general liability policy with a minimum of five-hundred thousand dollar ($500,000) per occurrence combined single limit coverage which includes bodily injury, property damage, and contract liability. Such insurance shall be primary and non-contributing and shall apply separately to each insured against who a claim is made or suit is brought, except with respect to the insurance company’s standard limits of liability.
Each such policy of insurance provided for shall be issued by an insurance company, which is qualified to do business in the State of California.
The Contractor agrees to provide evidence to the Owner of such insurance prior to the commencement of work.
22. Contractor's Liability. Owner shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees or Contractor or subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of Owner or independent contractors who are directly responsible for the same, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees
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incurred in connection therewith.
b. Contractor shall not assert a claim against the Town, its officers, agents or employees arising out of any act or omission of the aforementioned, in the execution or performance of any contract pursuant to the Town’s Rehabilitation Program.
c. Contractor shall require each subcontractor to agree in his/ her contract for services not to make any claim against the Town, its officers, agents or employees. d. Nothing in any Contract executed pursuant to the Town’s Rehabilitation Program in which the Owner and Contractor are parties shall be construed to give any person other than Owner and Contractor any legal or equitable rights, remedies, or claims.
b. Contractor will promptly pay any judgment rendered against Contractor covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder, and Contractor agrees to save and hold Owner and the Town of Apple Valley harmless therefrom.
c. In the event Owner, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of Contractor hereunder, Contractor agrees to pay to Owner all costs and expenses incurred by Owner in such action or proceeding together with reasonable attorneys' fees.
23. Assignment or Delegation of Contract. Contractor shall not assign any right under this contract except upon prior written authorization of the Owner and Town. Any request for assignment must be addressed to the Owner and Town for their approval before consent is given. Contractor shall not make any delegation of authority or responsibility which would in any way purport to relieve him/her of any obligation imposed by this contract.
24. Good Faith Resolution of Disputes. Any disagreement arising out of this contract or any alleged breach hereof shall be submitted to an arbitration service for resolution. Thereafter an action may be instituted at law or in equity to enforce the terms hereof.
25. Non-Discrimination. Contractor and its Subcontractors shall comply with provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) by not unlawfully discriminating against any employee or applicant for employment because of the following: race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or sex. During the performance of this Contract, the Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this Contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations. All Contractors and Subcontractors are required to comply with Section 504 of the Federal Rehabilitation Act of 1973 that prohibits discrimination against qualified individuals with disabilities. Individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities. Refer to The Federal Rehabilitation Act of 1973 for a list of qualified individuals.
26. Contract Work Hours and Safety Standards Act. All Contractors and Subcontractors who are awarded contracts in excess of $2,000 shall comply with the requirements of the Contract Work Hours Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (20 CFR Part 5) which requires that workers receive "overtime" compensation at a rate of one and one-half times their regular hourly wage after they have worked eight hours in one day or 40 hours in one week.
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27. Liquidated Damages. In the event Contractor fails to complete the project pursuant to this contract on or before the Final Completion Date (together with permissible delays), Contractor shall pay to Owner, as liquidated damages and not as a penalty, the sum of $ 100.00 per day for each day that Contractor is in default which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation to Owner for the foreseeable losses that may result from such delay in completion and due to the difficulty which would otherwise occur in establishing actual damages resulting from such delays in completion.
28. Notices. Any notices, requests or approvals given under this Contract may be personally delivered or deposited with the United States Postal Services for mailing, postage prepaid, registered or certified mail, return receipt requested to the following addresses:
To Owner(s): H24-03 To Town: Town of Apple Valley
H24-03 14955 Dale Evans Parkway
Apple Valley, CA 92307 Apple Valley, CA 92307
Attn: Silvia Urenda
To
Contractor:
J. Allison Construction
14133 Americana St.
Victorville, CA 92392
29. Modifications. No modification, rescission, waiver, release or amendment or any provision of this contract shall be made except by a written contract executed by both Owner or Contractor, and approved by the Town of Apple Valley Community Development Staff, or designee.
30. Contractor and Owner Understanding. Contractor and Owner hereby acknowledge that they have read this contract and further acknowledge that time has been allowed for them to consult an attorney of their choosing. Owner and Contractor acknowledge that this Agreement affects their legal rights and that they have read and understand its provisions. The Owner and Contractor agree that they are the sole Parties to this Contract and are solely responsible for its performance. The Parties agree that neither the Town nor its agents, officers or employees assume any liability or responsibility whatsoever arising out of this Contract.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three (3) original copies on the day and year first above written (Copy to Owner, Copy to Contractor, Copy to Program Manager). "CONTRACTOR"
State of California Contractor's License Number: #B302944 Contractor's Business Phone Number: 760-559-9784
By:
John Allison
J. Allison Construction-Owner
OWNER TOWN OF APPLE VALLEY
By: By:
Owner’s Signature: Scot Nassif,
Mayor
By:
Owner’s Signature:
ATTEST:
La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: BEAR VALLEY ROAD BRIDGE OVER MOJAVE RIVER
REHABILITATION & WIDENING PROJECT: FORMAL CONTRACT
AMENDMENT NO. 3 – ADDITIONAL SCOPE
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve Formal Contract Amendment No. 3 to the March 11, 2014 Agreement between the Town of Apple Valley and Dokken Engineering for engineering and design services for the Bear Valley Road Bridge over the Mojave River Rehabilitation and Widening Project for an amount not-to-exceed $380,088 and a time extension to December 31, 2025.
BACKGROUND
On March 11, 2014, the Town of Apple Valley entered an agreement with Dokken Engineering for alternative analysis and selection, preliminary design, environmental study, CEQA/NEPA documentation and approval, final design, and right of way services.
The scope of services was assembled, based on a preliminary concept for a bridge rehabilitation or replacement project, and included numerous assumptions regarding the project needs for right-of-way acquisitions, utility relocations, environmental studies/permits, soils/geotechnical studies, hydrology studies, and much more. As the project progressed, work was added to include funding assistance, and coordination with various agencies including City of Victorville, City of Hesperia, Caltrans, San Bernardino County Special Service District, San Bernardino County Flood Control, Lahontan Water Resources Board, California Department of Fish and Wildlife, Southern California Edison, Southwest Gas, Victor Valley College, and other private property owners and developments. Additionaly, Procedures and Policy changes at Caltrans resulted in extra reports, studies, and analysis. Utility relocation, in particular the large Southern California Edison Transmission lines and towers, and the CSA-64 water mainline, became much bigger components of the project than anticipated. To allow for all additional work, Town
Council approved Contract Amendment requests No. 1 in June, 2021, for an amount not to exced $887,786 and No. 2 in May 24, 2022, for an amount not to exceed $178,791.
The current amendment is necessary to address new design standards changes, provide additional right-of-way acquisition coordination (including assistance with any required eminent domain processes), and include construction quality assurance materials testing.
A time extension to December 31, 2025 is also requested. This tracks with the scheduled completion of Phase I grading and water line relocation, SCE’s relocation and the completion of the PS&E for Phase II, which is the Bridge and Roadway work.
ANALYSIS
Attached is Dokken’s formal Contract Amendment request No. 3 to enable the project to move forward into final design and construction. Contract amendment No. 3 has been reviewed by staff, and the proposed additional work and tasks are considered warranted and competitive for this large and increasingly complex project.
Dokken Engineering proposes to provide the additional services outlined in the March 21, 2024 request for a not-to-exceed added amount of $380,088. The addition of this amendment brings Dokken Engineering’s total contract amount to $3,577,063. The attached request provides a detailed explanation of the additonal services.
The revised contract total is proposed to stay at 7.8% of the currently estimated construction cost of $46 million for Phases 1 and 2, and remains well under the industry standard of 15 to 20%. The total construction estimated cost, including construction support and construction management is approximately $52 million.
FISCAL IMPACT
On February 23rd, Caltrans approved the Town’s request for additional funding that encompasses the tasks in this Contract amendement request. Caltrans is participating with $336,644 (88.57% from HBP). The Town will use Local Measure I and Traffic Impact Fees for its participation of $43,444 (11.43%). This project spans multiple years and funding is included in the Town Council approved 2023-2024 Capital Improvements Projects Budget. The project and Dokken’s contract will continue throughout FY 24-25 and beyond years. Appropriate funding is being proposed for these next fiscal years.
ATTACHMENTS
A. Vicinity Map
B. Dokken’s formal contract amendment request No. 3
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DĂƌĐŚϮϭ͕ϮϬϮϰ
Eric Espinoza, PE
Project Manager
Rob Burns, SE, PE
Structures QA/QC
Anthony Powers, PE
Bridge Project Engineer
Joe Ostdiek, PE, TE
Lighting/Signal Designer
Jamie Formico
Right of Way Manager
Senior Engineer
Associate Engineer
Assistant Engineer
Senior CAD
Senior Right of Way Agent
Right of Way Assistant TOTAL HOURS OTHER DIRECT COST TOTAL COST FULLY BURDENED RATE $ 205.92 $ 254.54 $ 214.50 $ 208.78 $ 205.92 $ 228.80 $ 174.46 $ 120.12 $ 211.64 $ 163.02 $ 102.96 PHASE I - BRIDGE CONDITION ANALYSIS AND EVALUATION - $ - $ TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATION - $ - $ TASK 2 - BRIDGE AND SITE EVALUATION - $ - $
TASK 3 - PRELIMINARY ALTERNATIVE DEVELOPMENT & ANALYSIS - $ - $ TASK 4 - PRELIMINARY ENVIRONMENTAL INVESTIGATIONS - $ - $ PHASE II - PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT 3 6 9- $ 2,050.62 $ TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATION - $ - $ TASK 2 - PRELIMINARY ENGINEERING 3 6 9- $ 2,050.62 $
2.1 Geotechnical Investigation 36 9 2,050.62 $
TASK 3 - TECHNICAL STUDIES AND ENVIRONMENTAL DOCUMENTATION - $ - $ PHASE II ESCALATION - $ - $ PHASE III - FINAL DESIGN 230 20 60 5 110 359 140 70 994 3,375.00 $ 189,172.04 $ TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATION 120 15 40 175 - $ 35,120.80 $
1.1 Project Management/Agency Coordination 40 40 8,236.80 $
1.2 Funding Assistance 60 20 80 15,844.40 $ 1.4 City / Flood Control Encroachment Permits 20 15 20 55 11,039.60 $ TASK 2 - FINAL DESIGN 110 20 60 5 95 319 140 70 819 3,375.00 $ 154,051.24 $
2.2 Hydraulics/Hydrology - $ - $
2.2.1 River Hydraulics - $ 2.2.2 Roadway Drainage - $
2.3 Utility Coordination 10 64 74 3,375.00 $ 16,599.64 $
2.3.1 Utility Coordination (SCE) 5 20 25 4,518.80 $ 2.3.2 Utility Coordination (Non-SCE) 5 40 45 8,008.00 $ 2.3.3 Potholing 4 4 3,375.00 $ 4,072.84 $
2.6 100% Plans, Specifications and Estimate 100 20 60 5 95 255 140 70 745 - $ 137,451.60 $
2.6.1 Road 40 40 8,236.80 $
2.6.2 Bridge - $ 2.6.3 SCE Prep Work (Phase I) 40 5 90 40 10 185 - $ 32,003.40 $
2.6.3.1 Road 40 90 40 10 180 30,859.40 $ 2.6.3.2 Drainage 5 5 1,144.00 $
2.6.4 Bridge/Roadway (Phase II) 20 20 60 5 90 165 100 60 520 - $ 97,211.40 $
2.6.4.1 Road 10 80 40 130 20,820.80 $ 2.6.4.2 Bridge 10 20 60 80 80 40 60 350 69,784.00 $ 2.6.4.3 Drainage 10 5 20 35 5,562.70 $
2.6.4.4 Electrical 5 5 1,043.90 $
PHASE III ESCALATION - $ - $
PHASE IV - RIGHT OF WAY SERVICES 78 209 30 35 51 403 - $ 76,919.70 $ TASK 1 - RIGHT OF WAY TASKS 78 209 30 35 51 403 - $ 76,919.70 $
1.1 Project Tracking Table 12 6 18 3,088.80 $
1.2 Right of Way Requirements & POE's 20 15 35 7,207.20 $ 1.4 Plats & Legals 2 2 4 823.68 $
1.8 Negotiate for Right of Way 50 120 15 15 200 38,996.10 $
1.12 Condemnation Process Assistance 6 60 30 20 30 146 26,803.92 $ PHASE V - BIDDING & CONSTRUCTION SUPPORT 20 30 50 - $ 9,352.20 $ TASK 1 - PHASE I BIDDING & CONSTRUCTION SUPPORT 20 30 50 - $ 9,352.20 $
1.1 Engineering Support of Construction 20 30 50 9,352.20 $ 1.2 Environmental Support of Construction - $ TOTAL HOURS 328 23 66 5 209 140 389 140 70 35 51 1456
TOTAL COST 67,541.76 $ 5,854.42 $ 14,157.00 $ 1,043.90 $ 43,037.28 $ 32,032.00 $ 67,864.94 $ 16,816.80 $ 14,814.80 $ 5,705.70 $ 5,250.96 $ 3,375.00 $ 277,494.56 $
TASK DESCRIPTION
DOKKEN ENGINEERING
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TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATIONTASK 2 - BRIDGE AND SITE EVALUATIONTASK 3 - PRELIMINARY ALTERNATIVE DEVELOPMENT & ANALYSISTASK 4 - PRELIMINARY ENVIRONMENTAL INVESTIGATIONS
PHASE II - PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT
TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATIONTASK 2 - PRELIMINARY ENGINEERING
2.1 Geotechnical Investigation
TASK 3 - TECHNICAL STUDIES AND ENVIRONMENTAL DOCUMENTATIONPHASE II ESCALATION
PHASE III - FINAL DESIGN
TASK 1 - PROJECT MANAGEMENT/AGENCY COORDINATION
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2.2 Hydraulics/Hydrology
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2.3 Utility Coordination
2.3.1 Utility Coordination (SCE)2.3.2 Utility Coordination (Non-SCE)2.3.3 Potholing
2.6 100% Plans, Specifications and Estimate
2.6.1 Road 2.6.2 Bridge2.6.3 SCE Prep Work (Phase I)
2.6.3.1 Road2.6.3.2 Drainage
2.6.4 Bridge/Roadway (Phase II)
2.6.4.1 Road2.6.4.2 Bridge2.6.4.3 Drainage2.6.4.4 Electrical
PHASE III ESCALATION
PHASE IV - RIGHT OF WAY SERVICES
TASK 1 - RIGHT OF WAY TASKS
1.1 Project Tracking Table1.2 Right of Way Requirements & POE's1.4 Plats & Legals1.8 Negotiate for Right of Way 1.12 Condemnation Process Assistance
PHASE V - BIDDING & CONSTRUCTION SUPPORT
TASK 1 - PHASE I BIDDING & CONSTRUCTION SUPPORT
1.1 Engineering Support of Construction1.2 Environmental Support of Construction
TOTAL HOURS
TOTAL COST
TASK DESCRIPTION
Loutzenhiser
Senior Engineer / Geologist
/ Geophysicist
Senior Staff Engineer /
Geologist / Scientist
Senior Draftsman /
Technical Illustrator
Word Processor / Technical
Editor
Principal Engineer /
Geologist / Geophysicist TOTAL HOURS TOTAL COST
Brandon Crow**
Caltrans Certified
Technician (PW)
Andrew Shoashekan
Project Engineer
Kai Parker
Field Supervisor
Hilda Diaz
Admin/Scheduling TOTAL HOURS OTHER DIRECT COST TOTAL COST Senior Project Manager
Professional Land Surveyor
Survey Supervisor TOTAL HOURS TOTAL COST
$ 175.20 $ 106.65 $ 152.35 $ 100.55 $ 228.53 $ 180.77 $ 153.08 $ 146.70 $ 79.73 $ 152.46 $ 140.91 $ 136.29 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 200 20 10 10 25 265 45,415.54 $ - $ - $ - $ 274 - $ 47,466.16 $ - $ - $ - $ - $ - $ - $
200 20 10 10 25 265 45,415.54 $ - $ - $ - $ 274 - $ 47,466.16 $ 200 20 10 10 25 265 45,415.54 $ - $ - $ - $ 274 - $ 47,466.16 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 994 3,375.00 $ 189,172.04 $ - $ - $ - $ - $ 175 - $ 35,120.80 $
- $ - $ - $ 40 - $ 8,236.80 $ - $ - $ - $ 80 - $ 15,844.40 $ - $ - $ - $ 55 - $ 11,039.60 $ - $ - $ - $ - $ 819 3,375.00 $ 154,051.24 $
- $ - $ - $ - $ - $ - $
- $ - $ - $ - $ - $
- $ - $ - $ - $ - $
- $ - $ - $ - $ 74 3,375.00 $ 16,599.64 $ - $ - $ - $ 25 - $ 4,518.80 $ - $ - $ - $ 45 - $ 8,008.00 $ - $ - $ - $ 4 3,375.00 $ 4,072.84 $ - $ - $ - $ - $ 745 - $ 137,451.60 $ - $ - $ - $ 40 - $ 8,236.80 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 185 - $ 32,003.40 $
- $ - $ - $ 180 - $ 30,859.40 $ - $ - $ - $ 5 - $ 1,144.00 $ - $ - $ - $ - $ 520 - $ 97,211.40 $ - $ - $ - $ 130 - $ 20,820.80 $ - $ - $ - $ 350 - $ 69,784.00 $
- $ - $ - $ 35 - $ 5,562.70 $ - $ - $ - $ 5 - $ 1,043.90 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1 2 5 8 1,115.73 $ 411 - $ 78,035.43 $ - $ - $ - $ 1 2 5 8 1,115.73 $ 411 - $ 78,035.43 $
- $ - $ - $ 18 - $ 3,088.80 $
- $ - $ - $ 35 - $ 7,207.20 $ - $ - $ 1 2 5 8 1,115.73 $ 12 - $ 1,939.41 $ - $ - $ - $ 200 - $ 38,996.10 $ - $ - $ - $ 146 - $ 26,803.92 $ - $ 210 30 20 20 280 8,980.00 $ 56,061.96 $ - $ 330 8,980.00 $ 65,414.16 $ - $ 210 30 20 20 280 8,980.00 $ 56,061.96 $ - $ 330 8,980.00 $ 65,414.16 $ - $ 210 30 20 20 280 8,980.00 $ 56,061.96 $ - $ 330 8,980.00 $ 65,414.16 $ - $ - $ - $ - $ - $
200 20 10 10 25 265 210 30 20 20 280 1 2 5 8 2009
35,040.50 $ 2,132.90 $ 1,523.50 $ 1,005.51 $ 5,713.13 $ 45,415.54 $ 37,960.77 $ 4,592.49 $ 2,934.09 $ 1,594.62 $ 8,980.00 $ 56,061.96 $ 152.46 $ 281.82 $ 681.45 $ 1,115.73 $ 12,355.00 $ 380,087.79 $ GEOCON CONSULTANTS, INC.
GRAND
TOTAL COST
GRAND
TOTAL
OTHER
DIRECT
COSTS
GRAND
TOTAL
HOURS
GEOCON WEST, INC. LUDWIG ENGINEERING
WĂŐĞϮŽĨϮ
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant: DOKKEN ENGINEERING
Project No. 2030 Contract No. 2014-01 Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Project Manager Eric Espinoza, PE 328 72.00 $ 23,616.00 $ Structures QA/QC Rob Burns, SE, PE 23 89.00 $ 2,047.00 $ Bridge Project Engineer Anthony Powers, PE 66 75.00 $ 4,950.00 $ Lighting/Signal Designer Joe Ostdiek, PE, TE 5 73.00 $ 365.00 $ Environmental Manager Sarah Holm 0 85.00 $ - $
Right of Way Manager Jamie Formico 209 72.00 $ 15,048.00 $ Senior Engineer STAFF 140 80.00 $ 11,200.00 $
Associate Engineer STAFF 389 61.00 $ 23,729.00 $
Assistant Engineer STAFF 140 42.00 $ 5,880.00 $
Senior CAD STAFF 70 74.00 $ 5,180.00 $
Engineering Technician STAFF 0 37.00 $ - $
Senior Environmental Planner STAFF 0 59.00 $ - $
Associate Environmental Planner STAFF 0 43.00 $ - $
Environmental Planner STAFF 0 36.00 $ - $
Senior Right of Way Agent STAFF 35 57.00 $ 1,995.00 $
Right of Way Assistant STAFF 51 36.00 $ 1,836.00 $
1,456
LABOR COSTS
a) Subtotal Direct Labor Costs $ 95,846.00
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 95,846.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 63.00% ) c) Total Fringe Benefits [(c) x (d)] $ 60,382.98 f) Overhead (Rate: 5.00% ) g) Overhead [(c) x (f)] 4,792.30 $ h) General and Administrative (Rate: 92.00% ) i) Gen & Admin [(c) x (h)] 88,178.32 $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 153,353.60
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 24,919.96 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Potholing 1 LS 3,375.00 $ 3,375.00 $
i) TOTAL OTHER DIRECT COSTS $ 3,375.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) • GEOCON CONSULTANTS, INC. $ 45,415.54
• GEOCON WEST, INC. $ 56,061.96
• LUDWIG ENGINEERING $ 1,115.73
m) TOTAL SUBCONSULTANTS' COSTS $ 102,593.23
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 105,968.23 TOTAL COST [(c) + (j) + (k) + (n)] $ 380,087.79
NOTES:
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
March 21, 2024
Bear Valley Road over the Mojave River Bridge Rehabilitation and Widening Range
$65.00 - $115.00
$65.00 - $115.00
$65.00 - $115.00
$60.00 - $90.00
$65.00 - $115.00
$70.00 - $100.00
$65.00 - $115.00
$48.00 - $75.00
$32.00 - $42.00
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
$36.00 - $55.00
$60.00 - $90.00
$45.00 - $75.00
$32.00 - $52.00
$20.00 - $60.00
$45.00 - $75.00
$37.00 - $50.00
Prime Consultant Subconsultant 2nd Tier Subconsultant
January 2020 Page 54 of 97
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $65.83 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 3.0% = $67.80 Year 2 Avg Hourly Rate
Year 2 + 3.0% = $69.84 Year 3 Avg Hourly Rate
Year 3 + 3.0% = $71.93 Year 4 Avg Hourly Rate
Year 4 + 3.0% = $74.09 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 1,456 = 1456 Estimated Hours Year 1
Year 2 * 1,456 = 0 Estimated Hours Year 2
Year 3 * 1,456 = 0 Estimated Hours Year 3
Year 4 * 1,456 = 0 Estimated Hours Year 4
Year 5 * 1,456 = 0 Estimated Hours Year 5
Total Total = 1,456
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 1456 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $95,846.00 1,456
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $65.83
$67.80
$69.84
$71.93
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%
0.0%
0.0%
0.0%
0.0%
100.000%
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$95,846.00
$0.00
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the #
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. $71.93 $0.00
$74.09 $0.00
$95,846.00
$65.83 $95,846.00
$67.80 $0.00
$69.84 $0.00
January 2020 Page 55 of 97
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant: GEOCON
Project No. Contract No. Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Senior Engineer / Geologist / Geophysicist Loutzenhiser 200 57.50 $ $ 11,500.00 Senior Staff Engineer / Geologist / Scientist Staff 20 35.00 $ $ 700.00 Senior Draftsman / Technical Illustrator Staff 10 50.00 $ $ 500.00 Word Processor / Technical Editor Staff 10 33.00 $ $ 330.00 Principal Engineer / Geologist / Geophysicist Zorne 25 75.00 $ $ 1,875.00 265
LABOR COSTS
a) Subtotal Direct Labor Costs $ 14,905.00
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 14,905.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 32.00% ) c) Total Fringe Benefits [(c) x (d)] 4,769.60 $ f) Overhead (Rate: 145.00% ) g) Overhead [(c) x (f)] 21,612.25 $ h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] - $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 26,381.85
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 4,128.69 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
i) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 45,415.54
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
Description of Item
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
June 2, 2023
Bear Valley Road Bridge over the Mojave River - Amendment No. 3 Range
$0.00 - $0.00
$0.00 - $0.00
$0.00 - $0.00
$0.00 - $0.00
$0.00 - $0.00
Prime Consultant Subconsultant 2nd Tier Subconsultant
SAMPLE COST PROPOSAL
Required Cost Proposal Template To Be Determined By Agency Note: Mark-Ups are Not Allowed
Consultant: Geocon West, Inc.
Project No. TBD Contract No. TBD Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Caltrans Certified Technician (PW) Brandon Crow ** 210 56.68 $ $ 11,902.80 Project Engineer Andrew Shoashekan 30 48.00 $ $ 1,440.00 Field Supervisor Kai Parker 20 46.00 $ 920.00 $
Andmin/Scheduling Hilda Diaz 20 25.00 $ 500.00 $
Laboratoy Steven Pigadiotis 0 30.00 $ $ -
280
LABOR COSTS
a) Subtotal Direct Labor Costs $ 14,762.80
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 14,762.80
INDIRECT COSTS
d) Fringe Benefits (Rate: 52.40% ) c) Total Fringe Benefits [(c) x (d)] 7,735.71 $ f) Overhead (Rate: 64.11% ) g)Overhead [(c) x (f)] 9,464.43 $ h) General and Administrative (Rate: 73.42% ) i)Gen & Admin [(c) x (h)] 10,838.85 $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 28,038.99
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 4,280.18 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
Various Lab Tests 1 8,980.00 $ 8,980.00 $
i) TOTAL OTHER DIRECT COSTS $ 8,980.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 8,980.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 56,061.96
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
SAMPLE COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
March 11, 2024
Range
$56.68 - $56.68
$48.50 - $48.50
$46.00 - $46.00
$25.00 - $25.00
$30.00 - $30.00
Bear Valley Road over the Mojave River Bridge Rehabilitation and Widening Prime Consultant Subconsultant 2nd Tier Subconsultant
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant: LUDWIG ENGINEERING
Project No. Contract No. Date
Project Name Bear Valley Road over Mojave River Bridge Rehabilitation and Widening
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Senior Project Manager STAFF 1 66.00 $ $ 66.00
Professional Land Surveyor STAFF 2 61.00 $ $ 122.00
Survey Supervisor STAFF 5 59.00 $ 295.00 $
2-Man Survey Crew STAFF 0 163.36 $ - $
8 LABOR COSTS
a) Subtotal Direct Labor Costs $ 483.00
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 483.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% ) c)Total Fringe Benefits [(c) x (d)] - $ f) Overhead (Rate: 110.00% ) g) Overhead [(c) x (f)] 531.30 $ h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] - $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 531.30
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 101.43 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
i) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 1,115.73
NOTES:
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
February 28, 2024
Range
3. Anticipated salary increases calculation (page 2) must accompany.
Description of Item
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Prime Consultant Subconsultant 2nd Tier Subconsultant
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: RELEASE OF SECURITIES FOR TRACT MAPS 18917-1, 18917-4, 18917
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council find that the construction of various improvements required for Tracts 18917-1 and 18917-4, and 18917 are complete, and approve the 50% reduction of the performance securities.
BACKGROUND
Staff has inspected and approved the construction of the improvements of Tracts 18917- 1 and 18917-4, and 18917, as complete. Staff recommends that the Town accept the improvements as complete and recommends the 50% reduction. The remaining 50% will be retained by the Town for one year as a maintenance bond.
Bond amounts for improvements are as follows:
(50% Reduction)
Improvement Performance Bond Maintenance Bond
Tract 18917-1
Landscaping Improvements $300,000 $150,000
Tract 18917-4
Water System $270,610 $135,305
Sewer System $195,425 $97,713
Tract 18917
Streets/Storm Drains $570,510 $285,255
When the Town Council accepted the final map for Tract Maps Tracts 18917-1 and 18917-4 and 181917, construction agreements and securities in the amounts listed above were required. The developer, Pulte Homes, has now requested the release of securities since they have fulfilled the terms of the agreements to construct various improvements.
FISCAL IMPACT
There is no Fiscal Impact to the Town when reducing/releasing subdivision improvement bonds.
ATTACHMENTS
None
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: PURCHASE SIGNAL POLES FOR BEAR VALLEY ROAD
INTERSECTION IMPROVEMENTS PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council authorize the purchase of traffic signal poles for the Bear Valley Road Intersection Improvements Project
BACKGROUND
In 2018, the Town conducted a signal study of the Bear Valley Commercial corridor which included the intersections of Bear Valley Road at Kiowa Road and Navajo Road. At the completion of the study, staff retained KOA Corporation to prepare plans and specifications to modify the existing traffic signals and curb access ramps at both intersections to meet current ADA standards. The design documents are complete, and the project can be sent out to competitive bid. Due to the long delivery lead time of traffic signal poles, staff has elected to purchase them in advance to ensure they are available at the start of construction.
ANALYSIS
Traffic signal poles for use in the public rigfht-of-way are required to be constructed to standards established by the California Department of Transortation (Caltrans).
Currently, there are only two traffic signal pole manufacturers who are constructing poles that meet Caltrans standards: Valmont Structures and Ameron Poles by NOV. Each manufacturer has a product distributer in California. American Right-of-Way, Inc. distributes Valmont Structures, and Ameron Poles are distributed by JTB Supply Company, Inc.
Staff requested quotes from each distributor for the materials and received the following quotes:
American Right-of-Way: $151,994.31
JTB Structures: $224,104.92
Based on the pricing, Engineering staff recommends purchasing the Valmont Structures signal poles from American Right-of-Way.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted Fiscal Year 2023-24 Budget using Measure I funds.
ATTACHMENTS
1. Justification Letter for less than three (3) proposals
2. Vendor Quotes
American Right-of-Way, Inc.
PO Box 716, Walnut CA, 91788
Just Say "Right Away!"
Quote # Q24-504 Estimator Dave Weir
Agency Apple Valley Phone 760 505 3335
Job Name Navajo & Kiowa E-mail [email protected]
Bid Date Valid for 60
Spec Year 2023 Expires 5/24/2024
Bid Item Quantity Description Price Each Extended
Navajo Rd
4 15TS w/15' LMA, Anchor Bolts $3,197.00 $12,788.00
3 26-4-100 w/40' SMA, 15' LMA, Sign Bracket, Anchor bolts $14,510.00 $43,530.00 1 26-4-100 w/45' SMA, 15' LMA, Sign Bracket, Anchor bolts $14,924.00 $14,924.00 Kiowa Rd
3 15TS w/15' LMA, Anchor Bolts $3,197.00 $9,591.00
1 15TS w/15' Straight LMA, Anchor Bolts $3,197.00 $3,197.00 1 24-4-100 w/35' SMA, 15' LMA, Sign Bracket, Anchor bolts $13,088.00 $13,088.00 2 26-4-100 w/40' SMA, 15' LMA, Sign Bracket, Anchor bolts $14,510.00 $29,020.00 1 26-4-100 w/45' SMA, 15' LMA, Sign Bracket, Anchor bolts $14,924.00 $14,924.00 Delivery is Included
Offloading is not included
Subtotal $141,062.00
7.75% Sales Tax $10,932.31
Total $151,994.31
Material lead times (at bid) approximately 18 weeks. Subject to change.
Sale subject to credit approval and standard terms and conditions.
Freight included.
3/25/2024
APPROVED: V. Brett Morgan 03/27/2024 V. Brett Morgan ENGINEERING DEPARTMENT TOWN OF APPLE VALLEY
Quotation
To: Brett Morgan @ Town of Apple Valley
Quote #: 240327-11
From: Mindy Myers
Project: Apple Valley Signals – Bear Valley Rd @ Navajo Rd/Bear Valley Rd @ Kiowa Rd RFQ
JTB Supply is pleased to quote on the following equipment:
1 – Lot, Traffic Signal Poles and anchor bolts $207,986 Navajo Road
3 – 26-4-100-40-15
1 – 26-4-100-45-15
4 – Type 15TS-15
Kiowa Road
1 – 26-4-100-45-15
2 – 26-4-100-40-15
1 – 24-4-100-35-15
3 – Type 15TS-15
1 – Type 15TS-15 (Straight LMA)
7.75%tax $16,118.92
Total $224,104.92
*offloading is not included
Delivery: 20 – 22 weeks ARO
Terms: Net 30, Pending Credit Verification, MC, VISA, AMEX accepted with surcharge of 4% of transaction amount
Quote valid for 30 Days.
Prices subject to change, if order not released
within 60 days from the purchase order date.
Freight: Included
Sales tax is included.
Sincerely,
JTB Supply Co., Inc.
Mindy Myers
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT TO CONDUCT
PUBLIC OPINION RESEARCH AND COMMUNITY ENGAGEMENT
PLANNING
From: Douglas Robertson, Town Manager
Submitted by: Julie Ryan, Special Projects Manager
Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council award a Professional Services Agreement to Fairbank, Maslin, Maullin, Metz & Associates in an amount not to exceed $100,000 to conduct public opinion research and community engagement planning subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
BACKGROUND
At a May 2020 budget workshop, the Town Council received a comprehensive presentation regarding the status of the Town’s revenues and expenses and the Fiscal Year (FY) 2019-20 revenue shortfall forecasted at $1.27 million due to the Covid-19 pandemic. While it was a temporary concern at the time, it did have an impact on that current year’s budget and has continued since then. Additionally, cost increases in the Sheriff’s contract of over ten percent (10%) in 12 months and projected increases of six percent (6%) annually will cause an insurmountable budget shortfall without drastic cuts to other programs and services the people of the Town of Apple Valley have come to expect.
A variety of options were provided to Town Council to increase revenue in the FY 2020- 21 budget and beyond. This included considering placing a one percent (1%) General Transaction and Use Tax (“TUT”) on the November 2020 ballot so voters in the Town of Apple Valley (the “Town”) could decide whether to approve a TUT. If approved by the voters, the TUT would be added to the local sales tax rate raising an estimated $7 million
in revenues in a full fiscal year. A proposed 1% TUT was placed on the ballot for the November 3, 2020, General Municipal Election but did not pass.
ANALYSIS
On February 29, 2024, staff issued a Request for Proposals (RFP) seeking proposals from qualified firms with experience in conducting public opinion research, communicating with the public, and developing strategic recommendations for pursuing revenue raising ballot measures.
Four (4) research firms submitted proposals by the date specified in the RFP. Staff reviewed the four submissions and concluded upon review and interviews that Fairbank, Maslin, Maullin, Metz & Associates is the most qualified to proceed with the project for the following reasons:
Recognized leader in conducting research to objectively evaluate the viability of passing local ballot measures to secure additional revenue. Has a comprehensive familiarity with the local electorate and issue landscape in the San Bernardino region.
Worked with cities to gain voter approval on funding measures that were previously unsuccessful at the ballot box.
Provides a hands-on approach to community engagement that requires regional experience, knowledge, and proximity.
An industry leader in developing an approach and methodology for public opinion research, political strategy, and campaign experience at all different levels.
If awarded, the firm will begin public opinion research through mid-July, and provide the findings at the July 23, 2024, Council meeting. If feasible and appropriate at this time, the firm will develop strategic recommendations for pursuing revenue raising ballot measures and a resolution and ordinance will be introduced for the November 5, 2024, ballot measure.
FISCAL IMPACT
Funding for this project has been appropriated under FY 2023-24 General Government budget account number 10011410 720010.
ATTACHMENTS
A. Professional Services Agreement
-1-
TOWN OF APPLE VALLEY
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 9
th day of April, 2024, by and between the
Town of Apple Valley, a municipal corporation organized under the laws of the State of California with its principal place of business at 14955 Dale Evans Parkway, Apple Valley, California 92307 (“Town”) and Fairbank, Maslin, Maullin, Metz & Associates (FM3), a California Corporation, with its principal place of business at 12100 Wilshire Blvd., Suite 350, Los Angeles, California 90025 ("Consultant"). Town and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing public opinion research and community engagement services to public clients, is licensed in the State of California, and is familiar with the plans of Town.
2.2 Project.
Town desires to engage Consultant to render such professional services for the public opinion research and community engagement planning project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional public opinion research and community engagement planning consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from April 9, 2024, to November 5, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Fees and Payments
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred thousand ($100,000) without written approval of the Town Council or Town Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to Town a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
Town shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the Town disputes any of Consultant's fees, the Town shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the Town for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "B" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Town.
3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “B” may be adjusted each year at the time of renewal as set forth in Exhibit “B.”
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of Town and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall 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, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant represents that it has the professional and technical personnel
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required to perform the Services expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.
3.3.4 Substitution of Key Personnel. Consultant has represented to Town 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 Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Richard Bernard, Partner, FM3.
3.3.5 Town's Representative. The Town hereby designates Julie Ryan, Special Projects Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Town's Representative"). Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The Town Manager shall be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Richard Bernard, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the Town to be uncooperative, incompetent, a threat to the
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adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the Town and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Town will suffer damage.
3.3.9.2 Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
3.3.9.4 Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Notwithstanding the foregoing in this section, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the Town to terminate the Agreement for cause.
3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants
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and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.2 Equal Opportunity Employment. 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. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify Town against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to
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the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Town to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The Town, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance
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shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Town, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the Town and shall protect the Town, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the Town, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
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3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the Town to inform Consultant of non-compliance with any requirement imposes no additional obligation on the Town nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(C) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
(F) Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Town, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the Town, its officials, officers, employees, agents and
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volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the Town.
3.3.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Town’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must additionally comply with the lawful requirements of the Town, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Town may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this section, or any other relevant water quality law, regulation, or policy.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Town shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: Fairbank, Maslin, Maullin, Metz & Associates 12100 Wilshire Blvd., Suite 350
Los Angeles, CA 90025
ATTN: Richard Bernard, Partner
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Julie Ryan, Special Projects Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of Town, and shall not be used in whole or in substantial part by Consultant on other projects without the Town’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to Town reproducible copies of all Documents & Data, in a form and amount required by Town. Town reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by Town at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to Town upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to Town any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to Town upon the payment of actual reasonable duplication costs.
Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify Town and provide Town with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the Town.
3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or
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another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at Town’s sole risk. If Town uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the Town upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Town of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Town, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.
3.6.3.6 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the Town shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give Town written notice of Consultant's objection to the Town's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the Town, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,
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appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the Town.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 Town's Right to Employ Other Consultants. Town reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the
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successors and assigns of the parties.
3.6.11 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of Town.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles 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.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants 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. Consultant warrants 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF APPLE VALLEY
AND FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF APPLE VALLEY
By:
Douglas B. Robertson
Town Manager
ATTEST:
By:
La Vonda M-Pearson
Director of Government Services/Town
Clerk
APPROVED AS TO FORM:
By:
Thomas A. Rice, Best Best & Krieger,
LLP
Town Attorney
FAIRBANK, MASLIN, MAULLIN, METZ &
ASSOCIATES
By:
Its:
Printed Name:
By:
Its:
Printed Name:
EXHIBIT "A"
SCOPE OF SERVICES
EXHIBIT "B"
COMPENSATION
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: INTRODUCE ORDINANCE NO. 569 – AN ORDINANCE OF THE
TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING SECTION 1.01.200, SUBSECTION (E)(4) OF THE APPLE
VALLEY MUNICIPAL CODE AS IT RELATES TO ALLOWABLE
ILLEGAL CANNABIS CULTIVATION ADMINISTRATIVE FINES
From: Douglas Robertson, Town Manager
Submitted by: Monica Camacho, Senior Code Enforcement Officer Code Enforcement
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
1. Find that the proposed adoption of Ordinance No. is not subject to and is Exempt from CEQA, based upon findings under CEQA Guidelines, Section 15061 Sub (b)(3) that can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.
2. Move to waive the reading of Ordinance No. 569 in its entirety and read by title only.
3. Move to Introduce Ordinance No. 569 amending Section 1.01.200, Subsection (e)(4) as it relates to the enforcement of allowable illegal cannabis cultivation administrative fines.
4. Direct Staff to file a Notice of Exemption.
SUMMARY
It is necessary to review the language of the Town’s Code from time to time to ensure it aligns with State law, published rulings in recent court cases, and best business practices as determined by professional and expert staff. This amendment serves to change the language of some Municipal Code sections for the following reasons: (1) to allow Town Code Enforcement Officers to more effectively and efficiently enforce the Town’s Municipal Code; (2) to align the Town’s Municipal Code with current State law; and (3) to
uphold the Town Council’s intent of the Code. As a result of this review, the following changes are proposed to be made to the Municipal Code.
BACKGROUND
The amendments seek to align the Town’s Municipal Code with current California Government Code section 53069.4, which provides maximum administrative fines or penalties that a jurisdiction can establish for violations of illegal marijuana cultivation; and local zoning, building, plumbing, electrical, structural, or health and safety codes as a result of the illegal marijuana cultivation. Excerpts of this section of State law are attached hereto as Attachment A. Section 53069.4 was recently amended to reflect a maximum administrative fine or penalty amount of one thousand dollars ($1,000.00) per violation and not exceeding ten thousand dollars ($10,000.00) per day regarding all violations of and resulting from illegal marijuana cultivation.
The Town’s current code as it relates to illegal marijuana cultivation allows for fines of $100 per marijuana plant. Changing the Municipal Code to increase the fine amount to one thousand dollars ($1,000) per violation of and resulting from illegal marijuana cultivation will allow code enforcement officers to enforce these violations effectively and efficiently, while also complying with the current limitations set by the state law.
None of these proposed changes to the Municipal Code add or delete any violations but serve to better position the Town to effectively enforce the provisions of the Code. Nor are the amendments intended to alter the Town Council’s overarching intent of the Code itself.
FISCAL IMPACT
None.
ATTACHMENTS
A. California Government Code §53069.4.
B. Proposed Ordinance No. 569
3/26/24, 2:47 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=4.§ionNum=53069.4.&op_statues=20… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=4.§ionNum=53069.4.&op_statues=2023&op_chap… 1/2 TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) CHAPTER 1. General [53000 - 53170] ( Chapter 1 added by Stats. 1949, Ch. 81. ) 53069.4.
GOVERNMENT CODE - GOV
ARTICLE 4. Miscellaneous [53060 - 53087.9] ( Article 4 added by Stats. 1951, Ch. 522. ) (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900. (2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.
(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.
(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties. (D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).
3/26/24, 2:47 PM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=4.§ionNum=53069.4.&op_statues=20… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=4.§ionNum=53069.4.&op_statues=2023&op_chap… 2/2 (E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:
(i) A tenant is in possession of the property that is the subject of the administrative action. (ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.
(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity. (F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law. (b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant. (2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. (c) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance. (Amended by Stats. 2023, Ch. 477, Sec. 1. (AB 1684) Ef ective January 1, 2024.)
ORDINANCE NO. 569
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY, CALIFORNIA, AMENDING SECTION
1.01.200, SUBSECTION (E)(4) OF THE APPLE VALLEY
MUNICIPAL CODE AS IT RELATES TO ALLOWABLE
ILLEGAL CANNABIS CULTIVATION ADMINISTRATIVE
FINES
WHEREAS, the Town’s Code Enforcement Division currently enforces the Town’s rules and regulations relating to the illegal cultivation of cannabis; and WHEREAS, amendments to the Town’s Municipal Code are necessary to allow Town Code Enforcement Officers to more effectively and efficiently enforce these rules and to align these rules with State law; and
WHEREAS, the amendments are necessary to uphold the Town Council’s intent of the Code; and
WHEREAS, it is the objective of the Town of Apple Valley through code enforcement efforts to preserve and enhance properties located within the Town limits.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
Section 2. Section 1.01.200, Subsection (e)(4) of Title 1 of the Town of Apple Valley Municipal Code is hereby amended to read in its entirety as follows:
“(4) Exception: The administrative citation penalty for commercial marijuana business or operation or prohibited residential marijuana cultivation in violation of Apple Valley Development Code Chapters 9.29 or 9.36 and any zoning, building, plumbing, electrical, or other similar structural, health and safety code violation that exists as a result of, or to facilitate, the illegal cultivation of marijuana shall be $1,000.00 per violation not to exceed $10,000.00 per day.”
Section 3. Except as expressly amended hereby, all other provisions of Title 1 of the Town of Apple Valley Municipal Code shall remain in effect.
Section 4. Compliance with California Environmental Quality Act. This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines and it has been determined that approval of the Ordinance is exempt from further environmental review under
the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the amendments to the Municipal Code will have a significant effect on the environment.
The Town Council concurs in these findings and adopts them as its own.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.
Section 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
APPROVED, and ADOPTED by the Town Council of the Town of Apple Valley, California, at a regular meeting held on this 23rd day of April, 2024. _____________________________
Scott Nassif, Mayor
ATTEST:
____________________________
La Vonda Pearson, Town Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________
Thomas Rice, Town Attorney Douglas B. Robertson, Town Manager
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: VACANCY ON THE PARK AND RECREATION COMMISSION
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
Town Clerk
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Council Member Emick to nominate: ____________ to the Town of Apple Valley Park and Recreation Commission.
SUMMARY:
A vacancy currently exists on the Town of Apple Valley Park and Recreation Commission.
It is appropriate at this time for Council Member Emick, the appointing member, to nominate one (1) person to the Apple Valley Park and Recreation Commission.
Town Council Agenda Report
Date: April 9, 2024
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice
Town Attorney
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to paragraph (2) of subdivisions (d) of Section 54956.9: One or more cases.