APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, July 23, 2024, 6:30 p.m.
Council Chamber
PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT HTTPS://APPLEVALLEY.TV. THE TOWN OF APPLE VALLEY WILL SUPPORTS PUBLIC
COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND STILL WISHING TO MAKE PUBLIC COMMENTS. PLEASE EMAIL YOUR COMMENT TO
[email protected]. 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 Dion Morrill - Apple Valley Faith Center
2.2 Pledge of Allegiance
2.3 Presentations
Employee of the Quarter - Karen Pelaez, Permit Technician (CAA)
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 7 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 - August 13, 2024 - Council Chamber Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1-6.9 as recommended.
6.1 APPROVAL OF MINUTES 9
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 JUNE 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER
SCHEDULES
16 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.
6.3 JUNE 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE 32
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.
6.4 AWARD A PROFESSIONAL SERVICES AGREEMENT FOR YUCCA
LOMA ROAD RIGHT OF WAY SERVICES
34 Award a Professional Services Agreement to Bender Rosenthal, Inc. for the Yucca Loma Road Widening Right of Way Services Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.5 ACCEPTANCE OF WORK FOR ROADWAY REPAIR 2024-01
PROJECT
59 That the Town Council:
Accept the work completed by LCR Earthwork, Corp. as part of the Roadway Repair 2024-01 project for a total contract cost of $522,049.25.
A.
Direct the Town Clerk to file the Notice of Completion for the contract work.
B.
Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
C.
6.6 KONICA MINOLTA LEASE AGREEMENT 67
That the Town Council approve and authorize the Town Manager or designee to execute the lease agreement with Konica Minolta, for a 60- month lease of eight (8) copiers in an amount estimated not to exceed $55,000 annually.
6.7 APPROVE BUDGET INCREASE FOR A RESIDENTIAL
REHABILITATION LOAN PROGRAM CONTRACT
91 Approve a budget increase for the Residential Rehabilitation Loan Program Contract no. H24-04 subject to “Aproval as to Form” by the Town Attorney, and “Approval as to Content” by the Town Manager.
6.8 AWARD YUCCA LOMA ELEMENTARY SAFE ROUTES TO SCHOOL
PROJECT
103
That the Town Council review and approve the bid documents for the Yucca Loma Elementary Safe Routes to School project; A.
Award a contract to LCR Earthwork & Engineering, Corp., in the amount of $2,523,370.00, for the Yucca Loma Elementary Safe Routes to School Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town
Manager.
B.
C. Approve Budget Amendment dated July 10, 2024.
6.9 RELEASE OF SECURITIES FOR PARCEL MAP 20017 107
That the Town Council find that the construction of various improvements required for Parcel Map 20017 are complete and approve the 50% reduction of the performance securities and release of the labor and materials security.
7. Public Hearings
7.1 LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1 - PUBLIC
HEARING, CONFIRMING ASSESSMENT AND LEVYING
ASSESSMENT FOR FY 2024-2025
109
It is recommended that the Town Council: A. Conduct the public hearing B. Adopt Resolution No. 2024-20, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2024-2025”
7.2 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED
FEES FOR TOWN SERVICES
149
Adopt Resolution No. 2022-21 a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2022-2023.
7.3 ADOPT RESOLUTION NO 2024-22 CONFIRMING DELINQUENT
ANIMAL CONTROL, UTILITY AND CODE ENFORCEMENT FEES AND
COSTS AGAINST REAL PROPERTY LOCATED IN THE TOWN, AND
DIRECTING THAT SAID ASSESSMENTS CONSTITUTE A LIEN UPON
SAID PROPERTIES.
280
That the Town Council:
Open public hearing, hear testimony, and close public hearing; and
A.
Adopt Resolution No. 2024-22, confirming delinquent animal control, utility and code enforcement fees and costs against real property located in the Town, and directing that said
assessments constitute a lien upon said properties.
B.
8. Business of the Council
8.1 SELECTION OF TOWN COUNCIL VOTING DELEGATE AND VOTING ALTERNATES TO THE LEAGUE OF CALIFORNIA CITIES’ 2024
ANNUAL CONFERENCE
304
Nominate one Council Member as voting delegate and three (3) Council Members as voting alternates representing the Town of Apple Valley at the League of California Cities’ 2023 Annual Conference.
8.2 CONSIDER PLACING A ONE CENT TRANSACTIONS AND USE
(SALES) TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION BALLOT
305
Adopt Resolution No. 2024-23 calling for the placement of a General Tax Measure on the ballot for the November 5, 2024 General Municipal Election for the submission to qualified voters of an Ordinance to enact a Transactions and Use (Sales) Tax at the rate of one cent (1¢).
A.
Adopt Resolution No. 2024-24 requesting the Board of
Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 5, 2024 with the Statewide General Election to be held on that date pursuant to Elections Code Section 10403.
B.
Adopt Resolution No. 2024-25 providing for the filing of the primary and rebuttal arguments and setting rules for the filing of written arguments regarding a Town Measure to be submitted at the November 5, 2024 General Municipal Election.
C.
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 328
Negotiations with Real Property Negotiator – Property: APNs 3087-391-01 and 3087-391-02; 22131 Powhatan Road, Apple Valley, CA 92308; Agency Negotiator: Town Manager, or
designee; Negotiating Parties: County of San Bernardino; Under Negotiation: Price and terms of payment.
A.
Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: three cases.
B.
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: July 23, 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 June 25, 2024.
1 Apple Valley Town Council
MINUTES
June 25, 2024, 6:30 p.m.
Council Chamber
Members Present: Mayor Scott Nassif
Council Member Larry Cusack
Council Member Curt Emick
Council Member Kari Leon
Members Absent: Mayor Pro Tem Art Bishop
_____________________________________________________________________
1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:32 p.m.
2. Opening Ceremonies
2.1 Invocation
Pastor Ed Carlson - First Assembly of God Apple Valley
2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Cusack.
2.3 Presentations
3. Public Comments
Richard Rorex, Apple Valley, thanked the Code Enforcement Department for clearing the signage on polls and street corners. He also recommended that those complaining about the animal shelter adopt animals from the shelter to assist in placing them in homes.
John Q. Citizen, stated that he continues to request public documents which are denied. He also commented on other issues affecting the Town of Apple Valley with the lack of water for vegetation causing vegetation to die.
2 Gene Marcinkowski, expressed concern regarding the lighting in his neighborhood from a home in which no one resides in the property. He asked for assistance to resolve this issue.
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.
Council Member Cusack 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
5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - July 9, 2024 - Council Chamber Regular Session at 6:30p.m.
6. Town Council Consent Agenda
Motion by: Council Member Emick
Seconded by: Council Member Cusack
To approve the Consent Calendar items numbered 6.1-6.8 as recommended.
Yes (4): Mayor Nassif, Council Member Cusack, Council Member Emick, and Council Member Leon
Absent (1): Mayor Pro Tem Bishop
Carried (4 to 0)
3 6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024
Adopt Resolution No. 2024-11 of the Town Council calling and giving notice of the holding of a General Municipal Election for the election of certain officers as required by the provision of the laws of the State of California relating to General Law Cities.
6.3 ADOPT RESOLUTION NO. 2024-13 ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFICE PERTAINING TO CANDIDATE
STATEMENTS FOR THE GENERAL MUNICIPAL ELECTION,
NOVEMBER 5, 2024
Adopt Resolution No. 2024-13, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election on November 5, 2024.
6.4 AWARD MODULAR KENNEL CRANING AND UTILITY CONNECTION A. That the Town Council adopt the design of the project represented by the Plans and Specifications for the Modular Kennel Craning and Utility Connection Project;
B. That the Town Council award a contract to KNC Construction, Inc. for the Modular Kennel Craning and Utility Connection project in the amount of $94,000.00 and a 10% contingency of $9,400.00, for a total amount not to exceed $103,400.00.
C. Approve a Budget Amendment allocating $103,400.00 in Animal Services Capital Project funds 47102118 to cover the project.
6.5 AWARD MULTI-PARK BACKSTOP PROJECT NO. PR2024-02 B
That the Town Council award a contract to Dantin Enterprises Inc. DBA All American Fence Erectors (“All American”) for the Multi-Park Backstop project in the amount of $179,200 and a 10% contingency of $17,920, for a total amount not to exceed $197,120.
4 6.6 ADOPT RESOLUTION 2024-14, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
DESIGNATING JULY AS “PARKS MAKE LIFE BETTER” MONTH
That the Town Council adopt Resolution 2024-14 designating July as “Parks Make Life Better” Month.
6.7 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR
THE TOWN OF APPLE VALLEY
Approve Resolution No. 2024-15, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.
6.8 FY 2024-25 STATE ADVOCACY SERVICES
That the Town Council approve a one-year extension to the Professional Services Agreement with Niemela Pappas & Associates for State Legislative Advocacy Services for Fiscal Year 2024-25.
7. Public Hearings
7.1 ADOPTION OF FISCAL YEAR 2024-25 APPROPRIATION LIMIT Adopt Resolution No. 2024-16 of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2024-25 Appropriations Limit for the Town at $51,569,491 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.
Mayor Nassif opened the public hearing at 7:21 p.m.
Emad Gewaily, Director of Finance, presented the staff report as filed with the Town Clerk.
There being no requests to speak, Mayor Nassif closed the public hearing at 7:23 p.m.
Motion by: Council Member Emick
Seconded by: Council Member Cusack
Adopt Resolution No. 2024-16 of the Town Council of the Town of Apple Valley, California, establishing the Fiscal Year 2024-25 Appropriations Limit for the Town at $51,569,491 by using the Town’s population growth for the population adjustment and the California per capita income growth for the inflationary adjustment.
5 Yes (4): Mayor Nassif, Council Member Cusack, Council Member Emick, and Council Member Leon
Absent (1): Mayor Pro Tem Bishop
Carried (4 to 0)
7.2 RESOLUTION OF THE TOWN OF APPLE VALLEY COUNCIL
ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET
FOR FISCAL YEAR 2024-25
Adopt Resolution No. 2024-17 of the Town Council approving the operating and capital improvement budget for Fiscal Year (FY) 2024-25.
Mayor Nassif opened the public hearing at 7:24 p.m.
Emad Gewaily, Director of Finance, presented the staff report as filed with the Town Clerk.
There being no requests to speak, Mayor Nassif closed the public hearing at 8:52 p.m.
The Town Council thanked staff for their hard work on the Town budget and the presentation.
Motion by: Council Member Emick
Seconded by: Council Member Leon
Adopt Resolution No. 2024-17 of the Town Council approving the operating and capital improvement budget for Fiscal Year (FY) 2024-25.
Yes (4): Mayor Nassif, Council Member Cusack, Council Member Emick, and Council Member Leon
Absent (1): Mayor Pro Tem Bishop
Carried (4 to 0)
8. Business of the Council
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
6 Doug Robertson, Town Manager, presented an update of current events, upcoming events and activities in the Town of Apple Valley.
11. Closed Session
None.
12. Adjournment
Motion by: Council Member Leon
Seconded by: Council Member Cusack
To adjourn the meeting of the Apple Valley Town Council at 7:56 p.m. in memory of former Victorville Mayor James "Jim" Busby and Apple Valley residents Cheryl Moyer and son, Micah Moyer.
Carried Unanimously
__________________________
Mayor, Scott Nassif
_____________________________
Town Clerk, La Vonda M-Pearson
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: JUNE 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 June 1 through June 30, 2024 in the amount of $2,746,337.56 covering issued warrant #’s 167214 – 167559. Electronic Fund Transfers were issued from June 1 through June 30, 2024 in the amount $829,589.10. Also, wire transfers were made from June 1 through June 30, 2024 in the amount of $569,353.00.
The claims and/or demands covered by the attached list of warrants and electronic transfers were reviewed 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
346 Commercial Warrants were issued in the amount of $2,746,337.56 38 Electronic Fund Transfers were issued in the amount of $829,589.10 1 Wire Transfer payment was issued in the amount of $569,353.00
ATTACHMENTS
A. June Commerical Warrants
B. June Electronic Fund Transfers
C. June Wire Transfer Schedule
Check # Date Vendor Description Check Total
167214 06/06/2024 ACUSHNET COMPANY Golf course- Resale items 69.73 167215 06/06/2024 ADSCOT PEST CONTROL INC. Pest Control- AV P.D. #4835 1,059.00 167216 06/06/2024 ALBERTSONS LLC Rec- Day Camp 87.53
167217 06/06/2024 AMAZON CAPITAL SERVICES Office Supplies - HR 14.42 167218 06/06/2024 AMAZON CAPITAL SERVICES Amazon - office supplies 1,151.51 167219 06/06/2024 AVCOM SERVICES INC. AV Com - Answering service - Jun 479.80 167220 06/06/2024 BOOT BARN, INC. Fac- Boots- Andrew Edmunds 381.06 167221 06/06/2024 CAL-STATE AUTO PARTS INC Grnds- Vehicle maintenance #61 408.08 167222 06/06/2024 CAPITAL ONE Rec- Day camp 502.21
167223 06/06/2024 CARTER, HARLEY R Rec- Summer Youth Basketball officials payment 100.00 167224 06/06/2024 CED Fac- Tennis court timers 1,831.55 167225 06/06/2024 CED Fac- James Woody Ballasts 456.75
167226 06/06/2024 CLUB CADDIE HOLDINGS Club Caddie - June 750.00 167227 06/06/2024 DESERT VALLEY MEDICAL GROUP Pre-Employment Physicals 150.00 167228 06/06/2024 DUNN EDWARDS CORPORATION Fac- James Woody Mural paint 673.72 167229 06/06/2024 EDISON COMPANY 4/22/24-5/20/24 14,415.33 167230 06/06/2024 ELY COMPANY, INC Golf- Drywall repairs Lloyd Mangrum room 4,300.00 167231 06/06/2024 ENDURA STEEL Fac- Shop fence repairs 155.23 167232 06/06/2024 EQUIPMENTSHARE.COM INC Forklift rental for DSB outdoor table 654.13 167233 06/06/2024 FAUST MEDIA SERVICES Conference center business cards 80.04 167234 06/06/2024 FISH WINDOW CLEANING Fac- Window cleaning Town Hall 1,248.00 167235 06/06/2024 GEISEL, PATRICK Rec- Summer Youth Basketball officials payment 50.00 167236 06/06/2024 GEO-MONITOR INC. Rec- Horseman's Center- Nitrate 105.00 167237 06/06/2024 GRAINGER, INC. Fac- HVAC filters 946.01 167238 06/06/2024 HARROWER, KATHY Retiree Reimbursement 601.92 167239 06/06/2024 HOME DEPOT CREDIT SEVICES Fac- Truck #113 Tools 929.74 167240 06/06/2024 JACK HENRY AND ASSOCIATES, INC Jack Henry - Remit Plus Renewal 3,347.82 Town of Apple Valley
Commercial Warrants
Month of June 2024
167241 06/06/2024 KEMBLE, BEAU Reimbursement 131.41
167242 06/06/2024 KONICA MINOLTA Konica - Fleet - May 6,051.88 167243 06/06/2024 LIBERTY UTILITIES CA 12/16/23-2/15/24 11,094.95 167244 06/06/2024 LOGICALIS VOIP Phones 11,184.40
167245 06/06/2024 LOGICALIS Cisco DNA Center 4,179.45
167246 06/06/2024 LOWE'S (LAR) Fac- James Woody Shed Floor 2,973.05 167247 06/06/2024 LYNNPRO Recreation staff shirts 1,758.40 167248 06/06/2024 MARTIN, KENNETH Retiree Reimbursement 374.50 167249 06/06/2024 MATRIX AUDIO VISUAL DESIGNS Civic Center Security Camera Additions 61,563.14 167250 06/06/2024 MILLER, LANCE Retiree Reimbursement 160.63 167251 06/06/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 595.35 167252 06/06/2024 TRASH REFUND TRASH REFUND 144.38
167253 06/06/2024 DEPOSIT REFUND DEPOSIT REFUND 13.20
167254 06/06/2024 REC REFUND REC REFUND 92.40
167255 06/06/2024 TRASH REFUND TRASH REFUND 40.67
167256 06/06/2024 DEPOSIT REFUND DEPOSIT REFUND 250.00
167257 06/06/2024 OUTDOOR CREATIONS INC. DSB Picnic Table 2,224.00 167258 06/06/2024 PARKER, AARON Rec- Summer Youth Basketball officials payment 75.00 167259 06/06/2024 RALEIGH, HANNAH Tuition Reimbursement 1,171.00 167260 06/06/2024 SCP DISTRIBUTORS LLC Fac- Pool test kit 1,359.55 167261 06/06/2024 SPARKLETTS WATER 86.12
167262 06/06/2024 STATE OF CALIFORNIA- D.O.J. FINGERPRINTS 812.00 167263 06/06/2024 STATES AND DOOR AND HARDWARE INC Fac- James Woody Gym door replacement 1,651.01 167264 06/06/2024 STEWART TITLE OF CALIFORNIA 22214 Minnetonka Rd. 26.05 167265 06/06/2024 STOTZ EQUIPMENT Grnds- Pro Gator vehicle maintenance 828.58 167266 06/06/2024 TABOR, KAYLEB Rec- Summer Youth Basketball officials payment 150.00 167267 06/06/2024 TAYLORMADE GOLF CO., INC Golf- Resale items 1,892.85 167268 06/06/2024 TONYAN COMPLETE PIANO SERVICE Fac- Piano Tuning service 150.00 167269 06/06/2024 TURF STAR INC. Golf- Equipment Maint. Rough Mower 1,283.22 167270 06/06/2024 TYLER TECHNOLOGIES INC EDN PO 2122-000049 7,400.00 167271 06/06/2024 ULINE TABLES AND CHAIRS 10,345.41
167272 06/06/2024 US AIR CONDITIONING Fac- Duct Repair supplies 352.97 167273 06/06/2024 V.V.W.R.A. FINAL SEWER PERMITS - MAY 2024 53,393.60 167274 06/06/2024 VOYAGER MAY FUEL PURCHASES 22,017.63
167275 06/06/2024 WAXIE SANITARY SUPPLY Fac- Sanitary Supplies 2,459.07 167276 06/06/2024 WRIGHT, DARRYL Retiree Reimbursement 786.84 167277 06/17/2024 ABF PRINTS, INC. Postage 876.96
167278 06/17/2024 ACUSHNET COMPANY Golf course- Resale items 1,016.57 167279 06/17/2024 ADSCOT PEST CONTROL INC. Pest Control 599.50 167280 06/17/2024 ALBERTSONS LLC Rec- ASAP 128.89
167281 06/17/2024 AMAZON CAPITAL SERVICES Vehicle Maintenance 4,391.42 167282 06/17/2024 AMERICAN RIGHT-OF-WAY, INC AVR x Tuscola Rd Traffic Signal Pole Replacement 13,715.50 167283 06/17/2024 ANIMAL CARE HOSPITAL Spay/Neuter Voucher Program 145.00 167284 06/17/2024 ANIMAL EMERGENCY CLINIC Medical Treatment 125.62 167285 06/17/2024 APEX RENTALS Trailer Rental 63.25
167286 06/17/2024 APPLE VALLEY FIRE PROTECTION Pyrotechnical Effects Permit 74.00 167287 06/17/2024 APPLE VALLEY LAWNMOWER STIHL Woodcutter 1 GAL 114.17 167288 06/17/2024 APPLE VALLEY TIRE Vehicle Maintenance 613.88 167289 06/17/2024 AVID IDENTIFICATION SYSTEMS Microchip 1,346.88 167290 06/17/2024 BATTERY MART Vehicle Battery 106.82
167291 06/17/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 8,693.47 167292 06/17/2024 BRIGHTVIEW LANDSCAPE SERVICES May Services 20,684.50 167293 06/17/2024 BURRTEC WASTE INDUSTRIES, INC HHW May 2024 7,923.53 167294 06/17/2024 CALLAWAY GOLF SALES CO. Golf course- Resale items 2,048.89 167295 06/17/2024 CAPITAL ONE Rec- ASAP 1,374.03
167296 06/17/2024 CES HOLDINGS LLC Fac- Pool Vacuum Repairs 507.18 167297 06/17/2024 COUNTY OF SAN BERNARDINO County Recorder Fees 1,540.00 167298 06/17/2024 CREATING BRAND LEGACY Glow Run Metals 797.35 167299 06/17/2024 DELL MARKETING L.P. TM/ATM Laptops 4,192.00 167300 06/17/2024 DELL MARKETING L.P. Town Clerk Computers 4,669.76 167301 06/17/2024 DELL MARKETING L.P. GIS Computer 7,692.47 167302 06/17/2024 DESERT VALLEY MEDICAL GROUP Pre employment screening 2,676.00 167303 06/17/2024 DR. JAIME VELASCO Supervising vet services 3,250.00 167304 06/17/2024 EDISON COMPANY 5/6/24-6/4/24 16,067.07 167305 06/17/2024 FAUST MEDIA SERVICES Rec- Business Cards 159.30 167306 06/17/2024 FEDEX Shipping 38.02
167307 06/17/2024 FINANCIAL CREDIT NETWORK INC 4-1-24 to 4-30-24 Collections 47.84
167308 06/17/2024 FISH WINDOW CLEANING Fac- Window cleaning Public Works building 342.00 167309 06/17/2024 FM3 RESEARCH Tax Measure Survey 30,250.00 167310 06/17/2024 FOSTER JR, ANTONIO D Rec. Summer youth basketball official payment 75.00 167311 06/17/2024 FRONTIER COMMUNICATIONS Frontier-June 3,221.34 167312 06/17/2024 G.A. OSBORNE PIPE & SUPPLY grounds-Sprinkler Parts 128.29 167313 06/17/2024 GAMETIME Playground Equipment 1,474.63 167314 06/17/2024 GARDA CL WEST, INC June Services 1,218.94 167315 06/17/2024 GEISEL, PATRICK Rec. Spring Volleyball basketball official payment 50.00 167316 06/17/2024 GOLDEN STATE WATER COMPANY 4/25/24-5/23/24 7,142.99 167317 06/17/2024 HASA INC. Fac- Pool Chemicals 2,583.43 167318 06/17/2024 HD SUPPLY, INC Squincher Fast Pack 230.17 167319 06/17/2024 HDL SOFTWARE LLC April Services 353.97 167320 06/17/2024 HESPERIA OUTDOOR POWER EQUIP Spring for Weedwacker 149.04 167321 06/17/2024 HIGH DESERT LASER GRAPHICS Name Plates 60.90 167322 06/17/2024 IDEXX DISTRIBUTION, INC Shelter Meds 576.68 167323 06/17/2024 IMPERIAL SPRINKLER SUPPLY Tools 4,740.80 167324 06/17/2024 INTERVET, INC. Microchip 673.44
167325 06/17/2024 KIMBALL MIDWEST PPE 371.52
167326 06/17/2024 KONICA MINOLTA BUSINESS Konica- C4080 usage- Apr 96.87 167327 06/17/2024 LAI, THANH Rec- Lease of property for Freedom Festival 4,800.00 167328 06/17/2024 LESLIE'S SWIMMING POOL SUPPLIES Rec- Pool Test Kits 56.22 167329 06/17/2024 LIBERTY UTILITIES CA 4/26/24-5/24/24 13,171.96 167330 06/17/2024 LOGICALIS EDEN PO 2223-000017 2,145.99 167331 06/17/2024 LOWE'S (LAR) Supplies 332.62
167332 06/17/2024 LYNNPRO Rec- Lifeguard Shirts 610.25
167333 06/17/2024 MIRAGE ELECTRIC INC Public Works- Light Timer 3,422.99 167334 06/17/2024 MOJAVE DESERT AQMD JR #1 DIESEL IC ENGINE 420.12 167335 06/17/2024 MWI ANIMAL HEALTH Shelter Meds 4,880.22 167336 06/17/2024 MYONLINEBILL.COM May Services 2,314.44 167337 06/17/2024 NAPA Sign Screws 43.28
167338 06/17/2024 NIEMELA PAPPAS & ASSOCIATES June Legislative Services 3,000.00 167339 06/17/2024 ODP BUSINESS SOLUTIONS, LLC Office Supplies 65.33 167340 06/17/2024 S/N Deposit Refund S/N Deposit Refund 115.00
167341 06/17/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167342 06/17/2024 TRASH REFUND TRASH REFUND 34.93
167343 06/17/2024 TRASH REFUND TRASH REFUND 2.31
167344 06/17/2024 TRASH REFUND TRASH REFUND 110.72
167345 06/17/2024 TRASH REFUND TRASH REFUND 7.17
167346 06/17/2024 TRASH REFUND TRASH REFUND 5.66
167347 06/17/2024 TRASH REFUND TRASH REFUND 13.49
167348 06/17/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167349 06/17/2024 Kraig Robert Johnson Adoption S/N 40.00 167350 06/17/2024 Kristin Hall Uniforms 145.38
167351 06/17/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167352 06/17/2024 Petty Cash Petty Cash 315.32
167353 06/17/2024 S/N Deposit Refund S/N Deposit Refund 75.00 167354 06/17/2024 TRASH REFUND TRASH REFUND 170.79
167355 06/17/2024 Overpayment Refund Overpayment Refund 105.00 167356 06/17/2024 S/N Deposit Refund S/N Deposit Refund 75.00 167357 06/17/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167358 06/17/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167359 06/17/2024 S/N Deposit Refund S/N Deposit Refund 75.00 167360 06/17/2024 TRASH REFUND TRASH REFUND 685.28
167361 06/17/2024 S/N Deposit Refund S/N Deposit Refund 75.00 167362 06/17/2024 PARKHOUSE TIRE, INC 79 1 TIRE 283.64
167363 06/17/2024 PLUMBERS DEPOT INC. 1 " ICE AND 3/4 " ICE 1,552.12 167364 06/17/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 653.95 167365 06/17/2024 QUADIENT LEASING USA, INC. PD LEASE 5/20/24-8/19/24 206.94 167366 06/17/2024 R&R PRODUCTS Vehicle Maintenance 470.05 167367 06/17/2024 ROW TRAFFIC SAFETY, INC Various SNS 2,039.93 167368 06/17/2024 SAN BERNARDINO COUNTY SHERIFF'S
DEPARTMENT
June Law enforcement Services 1,319,584.75
167369 06/17/2024 SCMAF May 2024 Insurance 346.50
167370 06/17/2024 SCP DISTRIBUTORS LLC Fac- Pool Test Kit 861.99 167371 06/17/2024 STATE CONTROLLER'S OFFICE- FTB Offset 60.15 167372 06/17/2024 STERICYCLE Regular Service/Off-Site 154.82 167373 06/17/2024 STILES ANIMAL REMOVAL, INC. May 2024 Disposal Services 5,490.00
167374 06/17/2024 THE ECOHERO SHOW LLC Ecohero Virtual Classroom Presentation 300.00 167375 06/17/2024 THE GREATER HIGH DESERT VMI Registration- State of the Chamber 30.00 167376 06/17/2024 TOWN OF APPLE VALLEY June Sewer 2,445.68 167377 06/17/2024 ULINE James Woody Row Bleacher 2,348.93 167378 06/17/2024 UNDERGROUND SERVICE ALERT OF SO.
CALIFORNIA
Dig Tickets 304.00
167379 06/17/2024 UNITED ROTARY BRUSH CORP. Brushes for Sweeper 959.52 167380 06/17/2024 V.V.W.R.A. Sewage Treatment May 2024 338,763.41 167381 06/17/2024 VALLEY SECURITY SYSTEMS INC Security Monitoring 127.00 167382 06/17/2024 VALLEYWIDE NEWSPAPERS LLC Legal Advertising 53.00 167383 06/17/2024 VARGAS, RICHARD Rec- Spring Volleyball Officials Payment 100.00 167384 06/17/2024 VERIZON WIRELESS Verizon- May 13,064.69 167385 06/17/2024 WAXIE SANITARY SUPPLY Shelter Supplies 1,335.50 167386 06/20/2024 360 FREESTYLE GYMNASTICS Gymnastic Instructor Pay 121.80 167387 06/20/2024 ACUSHNET COMPANY Golf Course Resale Items 1,020.36 167388 06/20/2024 ADSCOT PEST CONTROL INC. Pest control-Golf course #3905 462.00 167389 06/20/2024 ALBERT A WEBB ASSOCIATES Engineering consulting services for property acqu. 5,270.25 167390 06/20/2024 ALBERTSONS LLC ASAP Snacks 196.50
167391 06/20/2024 ALL GOOD DRIVING SCHOOL, INC. Online Drivers Ed Instructor Pay 159.60 167392 06/20/2024 ALTEC TESTING & ENGINEERING ACM/LBP Sampling for demo. 2,250.00 167393 06/20/2024 AMAZON CAPITAL SERVICES Car Door Lock Cover 194.85 167394 06/20/2024 AMERICAN TREE COMPANY Grounds Maintenance 6,000.00 167395 06/20/2024 APPLE VALLEY PORTABLES James Woody Park 3,325.05 167396 06/20/2024 APPLE VALLEY TIRE Tire Repair 339.00
167397 06/20/2024 BARCODES LLC Access Cards 2,629.10
167398 06/20/2024 BECK OIL INC. Gas 1,651.96
167399 06/20/2024 BLUE DIAMOND MATERIALS Rock dust for roadway covering 1,203.92 167400 06/20/2024 BURRTEC WASTE INDUSTRIES, INC Public Works-Tire Grant 287.68 167401 06/20/2024 CALLAWAY GOLF SALES CO. Resale items golf course 1,629.73 167402 06/20/2024 CAPITAL ONE Day Camp Supplies 1,388.64 167403 06/20/2024 CAR WASH PARTNERS, LLC MAY WASH SERVICE 360.00 167404 06/20/2024 CARTER, HARLEY R Summer Yth Basketball Official Pay 100.00 167405 06/20/2024 CERTIFIED CREDIT REPORTING INC Transcripts for Kane CDBG Admin 34.00
167406 06/20/2024 CHARLES ABBOTT ASSOCIATES Jan RRLP Barbosa, shelly and morrits 819.50 167407 06/20/2024 DAVID EVANS & ASSOC, INC EDEN PO 2223-000057 14,029.19 167408 06/20/2024 DUNN EDWARDS CORPORATION FAC-CCP Gazebo Paint 411.61 167409 06/20/2024 EDISON COMPANY 5/1/24-5/31/24 9,611.56 167410 06/20/2024 ESQUIBEL, DEBRA Fitness Training Instructor Pay 86.40 167411 06/20/2024 FAUST MEDIA SERVICES Faust Media - Business cards - IT Spec 43.10 167412 06/20/2024 FOSTER JR, ANTONIO D Summer Yth Basketball Official Pay 50.00 167413 06/20/2024 FOSTER JR, ANTONIO D Summer Yth Basketball 75.00 167414 06/20/2024 G.A. OSBORNE PIPE & SUPPLY Ground Maintanance 2,440.07 167415 06/20/2024 GEISEL, PATRICK Summer Yth Basketball Official Pay 50.00 167416 06/20/2024 GEISEL, PATRICK Summer Yth Basketball 100.00 167417 06/20/2024 GROOVELABS LLC FA-Light Filters 492.00 167418 06/20/2024 HASA INC. FAC-Pool Chemicals 3,029.38 167419 06/20/2024 HIGH DESERT LASER GRAPHICS Lifeguard Plaques 271.88 167420 06/20/2024 HIGH DESERT LASER GRAPHICS Magnetic name badge for IT Tech 13.59 167421 06/20/2024 HILL, PHILLIP Summer Yth. Basketball Officials Pay 50.00 167422 06/20/2024 HILL, PHILLIP Summer Yth Basketball 50.00 167423 06/20/2024 IB TILE INC Golf- Carpet tiles 4,002.22 167424 06/20/2024 KERN TURF SUPPLY INC. Golf- Ground Maintenance 2,028.28 167425 06/20/2024 KTUA Town Wide Complete Streets Action Plan (SS4A) 36,862.15 167426 06/20/2024 LIBERTY UTILITIES CA 4/26/24-5/24/24 1,010.30 167427 06/20/2024 LYNNPRO Jr. Lifeguard T-Shirts 2,034.30 167428 06/20/2024 MOJAVE PAINT & BODY VEHICLE REPAIR 598.41 167429 06/20/2024 MUSICSTAR/CREATIVE BRAIN Creative Brain Instructor Pay 109.20 167430 06/20/2024 NAPA Golf- Equipment Maintenance 184.80 167431 06/20/2024 NIX, PATRICIA Line Dancing Instructor Pay 45.50 167432 06/20/2024 Apple Valley Christian School Art in the park murals on 5.18.24 500.00 167433 06/20/2024 Aurora Starling Art in the park murals on 5.18.24 500.00 167434 06/20/2024 JUAN CARLOS GONZALEZ RPL CK#161052-NEM CASHOUT 422.52 167435 06/20/2024 Loretta Henson Art in the park murals on 5.18.24 500.00 167436 06/20/2024 Nicole Fuentes Refund Swim Session 44.00 167437 06/20/2024 Susannah Saavedra Art in the park murals on 5.18.24 500.00 167438 06/20/2024 Thelma Wilson Refund Rental Deposit 120.00 167439 06/20/2024 Vanessa Gomez Art in the park murals on 5.18.24 500.00
167440 06/20/2024 OUTWEST GOURMET LLC Golf Course Resale Items 720.00 167441 06/20/2024 PARKER, AARON Summer Yth Basketball Official Pay 75.00 167442 06/20/2024 PARKER, AARON Summer Yth Basketball 100.00 167443 06/20/2024 PNC EQUIPMENT FINANCE Leased Equipment 4,601.59 167444 06/20/2024 PRUDENTIAL OVERALL SUPPLY Fac- Uniforms 1,188.36 167445 06/20/2024 RANGE MART Golf- Capital projects 2,396.99 167446 06/20/2024 RSG, INC FY23-24 SERVICES AND CB RECONCILIATION 275.00 167447 06/20/2024 RUTH AND NAOMI PROJECT INC. 3rd Qtr reimbursement 1,854.05 167448 06/20/2024 SAN BERNARDINO FIRE PROT. DIST License & Fees 13.50 167449 06/20/2024 TABOR, KAYLEB Summer Yth Basketball Official Pay 125.00 167450 06/20/2024 TABOR, KAYLEB Summer Yth Basketball 125.00 167451 06/20/2024 TAYLOR, SHARI Baton Class Instructor Pay 232.20 167452 06/20/2024 THOMPSON & THOMPSON REAL Appraisal for Drainage Easement 850.00 167453 06/20/2024 TOWN OF APPLE VALLEY JUNE SEWER 1,082.73 167454 06/20/2024 VALLEYWIDE NEWSPAPERS LLC Budget 24-25 Legal Advertising 960.00 167455 06/20/2024 VASQUEZ, JONATHON Gracie Jui Jitsu Instructor Pay 158.20 167456 06/20/2024 WAXIE SANITARY SUPPLY FAC-Poly Wool 4,713.20 167457 06/20/2024 WESTERN STATE DESIGN INC. Fac- Shop Washer & Dryer 4,709.75 167458 06/20/2024 WINSUPPLY FAC-Truck #118 Tools 453.67 167459 06/27/2024 ABF PRINTS, INC. Postage 1,419.84
167460 06/27/2024 ACUSHNET COMPANY Resale Items 69.70
167461 06/27/2024 AMAZON CAPITAL SERVICES Toolbox tray 422.83 167462 06/27/2024 AMERICAN COMPUTER SERVICE Postage 14,688.91 167463 06/27/2024 ANIMAL CARE HOSPITAL S/N Voucher Program 175.00 167464 06/27/2024 APPLE VALLEY FEED BIN Animal Food 22.00 167465 06/27/2024 APPLE VALLEY PORTABLES Sunset Concerts 800.02 167466 06/27/2024 APPLE VALLEY TIRE Trailer Flat Repair 20.00 167467 06/27/2024 BATTERY MART 79 Sweeper Battery 232.65 167468 06/27/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 9,345.73 167469 06/27/2024 BECK OIL INC. Cardlock Fuel 452.90
167470 06/27/2024 BENEFIT COORDINATORS CORPORATION May Premiums 7,540.32 167471 06/27/2024 BEST PRICE AUTO GLASS Windshield Repair 774.72 167472 06/27/2024 BIG AZ INFLATABLES INC. Freedom Festival Inflatables 2,205.00 167473 06/27/2024 BIL-JAX, INC. SINGH CTR STAGE SKIRTING 2,517.00
167474 06/27/2024 BOOT BARN, INC. Boots 156.59
167475 06/27/2024 BRIGHTVIEW LANDSCAPE SERVICES Extra Work- Repair Irrigation 2,613.21 167476 06/27/2024 BURRTEC WASTE IND, INC. Victor Valley Compost 68,913.75 167477 06/27/2024 CALIFORNIA ASSOCIATION FOR LOCAL
ECONOMIC
Membership renewal 120.00
167478 06/27/2024 CAPITAL ONE Day Camp Snacks 255.26
167479 06/27/2024 CES HOLDINGS LLC Pool Vacuum Repairs 414.49 167480 06/27/2024 COUNTY OF SAN BERNARDINO- ISD Dept Radios 3,107.64 167481 06/27/2024 DEKRA LITE Christmas Tree Replacement Branches 1,558.49 167482 06/27/2024 DESERT GATE & AUTOMATION FAC- PD Gate Repairs 255.00 167483 06/27/2024 DOMINGUEZ, OMAR Boots 200.00
167484 06/27/2024 EDISON COMPANY 4/23/24-5/21/24 53,529.18 167485 06/27/2024 FAUST MEDIA SERVICES Business Cards 53.10 167486 06/27/2024 FAUST MEDIA SERVICES Business Cards 96.20 167487 06/27/2024 FINANCIAL CREDIT NETWORK INC Collections Account 56.78 167488 06/27/2024 FOSTER JR, ANTONIO D Summer Yth Basketball 50.00 167489 06/27/2024 GEISEL, PATRICK Summer Yth Basketball 75.00 167490 06/27/2024 GRAINGER, INC. Ear Plugs 88.72
167491 06/27/2024 GROOVELABS LLC Freedom Festival Staging and Sound Services 13,560.00 167492 06/27/2024 HARBOR FREIGHT TOOLS Telescoping Gantry Crane 1,239.10 167493 06/27/2024 HARRISON AIRSHOWS Apple Valley Air Show 2,500.00 167494 06/27/2024 HESPERIA OUTDOOR POWER EQUIP Weedwacker Syringe 64.11 167495 06/27/2024 HI DESERT TROPHY & AWARDS LLC Retirement Plaque 293.63 167496 06/27/2024 HIGH DESERT JUNIOR GOLF ACADEMY Golf Lessons Instructor Pay 1,044.00 167497 06/27/2024 HIGH DESERT LASER GRAPHICS Name Plates 39.69 167498 06/27/2024 HILL, PHILLIP Summer Yth Basketball 50.00 167499 06/27/2024 HORIZON STRUCTURES, LLC Eden PO 2324-000036 93,975.50 167500 06/27/2024 IMPERIAL SPRINKLER SUPPLY Brewster Park 2,621.55 167501 06/27/2024 JON'S FLAGS & POLES INC. TOAV AVAS Flag 624.95 167502 06/27/2024 KONICA MINOLTA PREMIER FINANCE Konica- C4080 Base- Jun 916.96 167503 06/27/2024 KTUA Town Wide Complete Streets Action Plan (SS4A) 68,347.24 167504 06/27/2024 TRASH REFUND TRASH REFUND 64.62
167505 06/27/2024 LIBERTY UTILITIES CA 4/2/24-6/3/24 49,180.45 167506 06/27/2024 LOGICALIS Cisco Umbrella DNS Security 7,826.81
167507 06/27/2024 LOGICALIS CISCO DNA Center 9,161.86
167508 06/27/2024 LOWE'S (LAR) Line Trimmer String 56.28 167509 06/27/2024 MWI ANIMAL HEALTH Shelter Meds 516.77 167510 06/27/2024 NAPA Sweeper Mirror 314.56
167511 06/27/2024 NATIONAL DATA & SURVEYING SERVICES, INC Before counts for Yucca Loma ES 3,260.00 167512 06/27/2024 NEXXSOL CORPORATION Adobe Captivate 291.00 167513 06/27/2024 Autumn Bose Employee Reimbursement 129.74 167514 06/27/2024 TRASH REFUND TRASH REFUND 11.54
167515 06/27/2024 S/N Deposit Refund S/N Deposit Refund 150.00 167516 06/27/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167517 06/27/2024 TRASH REFUND TRASH REFUND 2,513.25
167518 06/27/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167519 06/27/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167520 06/27/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167521 06/27/2024 S/N Deposit Refund S/N Deposit Refund 150.00 167522 06/27/2024 S/N Deposit Refund S/N Deposit Refund 75.00 167523 06/27/2024 Overpayment Refund Overpayment Refund 1,215.93 167524 06/27/2024 Property Damage Claim Settlement Property Damage Claim Settlement 700.00 167525 06/27/2024 S/N Deposit Refund S/N Deposit Refund 150.00 167526 06/27/2024 Trash Refund Trash Refund 160.27
167527 06/27/2024 Rental Deposit Refund Rental Deposit Refund 250.00 167528 06/27/2024 S/N Deposit Refund S/N Deposit Refund 75.00 167529 06/27/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167530 06/27/2024 Overpayment Refund Overpayment Refund 15.00 167531 06/27/2024 Overpayment Refund Overpayment Refund 15.00 167532 06/27/2024 TRASH REFUND TRASH REFUND 2.31
167533 06/27/2024 TRASH REFUND TRASH REFUND 138.48
167534 06/27/2024 TRASH REFUND TRASH REFUND 152.56
167535 06/27/2024 S/N Deposit Refund S/N Deposit Refund 40.00 167536 06/27/2024 OZIEL, STACEY ANN Freedom Festival Performance 2,400.00 167537 06/27/2024 OZIEL, STACEY ANN Freedom Festival Performance 1,600.00 167538 06/27/2024 PARKER, AARON Summer Yth Basketball 75.00 167539 06/27/2024 PI VARIABLES, INC. Flares and Cones 2,300.00
167540 06/27/2024 PRECISION BLUEPRINTS & PRINTING Park Plans 237.51 167541 06/27/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 653.95 167542 06/27/2024 RIVERA, DEBBIE Reimbursement for Day Camp Craft Supplies 520.78 167543 06/27/2024 ROW TRAFFIC SAFETY, INC Various SNS 1,049.06 167544 06/27/2024 SIGNIFY DESIGNS Freedom Festival Emcee and Stage Manager service 700.00 167545 06/27/2024 SOUTH WEST FIRE PROTECTION Dry Chemical Fire Extingusher SVCS 815.00 167546 06/27/2024 SOUTHWEST GAS CORPORATION 5/10/24-6/10/24 6,075.55 167547 06/27/2024 ST. FRANCIS ELECTRIC, LLC May 2024 Routine 4,100.68 167548 06/27/2024 PRIME TIME AUTO SALES INC Grounds- Trailer 7,415.47 167549 06/27/2024 PRIME TIME AUTO SALES INC Grounds- Trailer 7,415.47 167550 06/27/2024 TABOR, KAYLEB Summer Yth Basketball 100.00 167551 06/27/2024 THE GREATER HIGH DESERT Advertising 425.00 167552 06/27/2024 TOPS N BARRICADES, INC Brewster Park 4th of July event 446.73 167553 06/27/2024 TURF STAR INC. Part for Big Mower 992.53 167554 06/27/2024 UNITED ROTARY BRUSH CORP. Brushes for Sweeper 3,488.59 167555 06/27/2024 VALLEY SECURITY SYSTEMS INC FAC- Park Security Monitoring 127.00 167556 06/27/2024 VARGAS, RICHARD Summer Yth Basketball 100.00 167557 06/27/2024 WAXIE SANITARY SUPPLY Cleaning Supplies 1,216.99 167558 06/27/2024 WILBUR-ELLIS COMPANY LLC Round-up Concentrate 2,123.21 167559 06/27/2024 WPONCALL Webiste Maintenance 300.00
346 Checks Total amount of checks: 2,746,337.56
Column1 Column2 Column3 Column4 Column5
Check # Date Vendor Check Total
240 06/06/2024 CADY, MICHAEL Retiree Reimbursement 281.40 241 06/06/2024 CRON, DENNIS Retiree Reimbursement 417.60 242 06/06/2024 CUPP, PAMELA Retiree Reimbursement 1,181.87 243 06/06/2024 J. ALLISON CONSTRUCTION Barbosa Disbursement #1 21,300.00 244 06/06/2024 KELLEY, KAREN Retiree Reimbursement 578.34 245 06/06/2024 LAMSON, LORI Retiree Reimbursement 1,325.55 246 06/06/2024 MCKEON, TOM Retiree Reimbursement 99.53
247 06/06/2024 MILLER, CAROL Retiree Reimbursement 457.80 248 06/06/2024 MOLINARI, MICHAEL Retiree Reimbursement 721.18 249 06/06/2024 QUADIENT FINANCE USA, INC POSTAGE 1,505.15 250 06/06/2024 SIMMONS, DAWN Retiree Reimbursement 557.10 251 06/06/2024 SMITH, KEVIN Retiree Reimbursement 394.57 252 06/06/2024 SOUTHERN CALIFORNIA EDISON Vault Lowering for Yucca Loma Road 6,761.47 253 06/06/2024 SULZBERGER, DIANNE Retiree Reimbursement 578.34 254 06/06/2024 TYPE-SET-GO Rec- Summer baseball uniforms 1,791.81 255 06/10/2024 CALES, BRANDON Conference Travel Advance 260.00 256 06/13/2024 BATTISTA, RICHARD Graffiti may second half 2,403.00 257 06/13/2024 BURRTEC WASTE INDUSTRIES INC A1 A2 744,699.24 258 06/13/2024 QUADIENT FINANCE USA, INC PD POSTAGE 546.70 259 06/13/2024 VETERAN SECURITY INC SECURITY SERVICES @ SINGH CENTER 05/12-05/18
8,145.00
260 06/13/2024 VULCAN MATERIALS MIX 1,971.72
261 06/20/2024 BURNELL, DON Karate Instructor Pay 74.20 Town of Apple Valley
Commercial Warrants
Month of June 2024
Electronic Fund Transfers
262 06/20/2024 CARROLL, MARY ANNE Yoga Fit Instructor Pay 514.80 263 06/20/2024 GARCIA, NEIL Guitar Lesson Instructor Pay 234.00 264 06/20/2024 INTERWEST CONSULTING GROUP
INC
SPR2023-016 6,940.00
265 06/20/2024 MOCHARNUK, BILL Tennis Instructor Pay 264.60 266 06/20/2024 MOJAVE PRINTING SOLUTIONS Sunset Concert Banners 595.19 267 06/20/2024 MURO, MARIA Zumba Instructor Pay 268.61
268 06/20/2024 MURO, MARIA Aqua Zumba Instructor Pay 596.62 269 06/20/2024 MYERS, MELANIE Rec. Acting Class Instructor Payment 960.00 270 06/20/2024 RICHLING, HAILEY Tap & Ballet Instructor Pay 594.00 271 06/20/2024 URMSTON, CHRIS Tai Chi Instructor Pay 246.60 272 06/27/2024 BATTISTA, RICHARD Graffiti June 1st Half 3,358.80 273 06/27/2024 BIG APPLE AUTO VEHICLE REPAIR 13,580.42
274 06/27/2024 VETERAN SECURITY INC Overnight Security 4,490.00 275 06/27/2024 VULCAN MATERIALS MIX 486.06
276 06/27/2024 SOUTHERN CALIFORNIA EDISON New Meter & service for signal 30.71 277 06/27/2024 VULCAN MATERIALS Mix 377.12
38 EFT's Total amount of EFT's: $829,589.10
Wire Reference Date Beneficiary Name Description Wire Total 240612B007YC 6/12/2024 Flagstar Bank
Transfer AV Successor Agency RPTTF
Distribution to Correct Acct $ 569,353.00
TOWN OF APPLE VALLEY
WIRE TRANSFERS
MONTH OF JUNE 2024
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: JUNE 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 June 1 through June 30, 2024, in the amount of $847,035.03 net of voids, covering issued warrant #s 70225-70320 and direct deposit advice #s 9989324-9989789 are herewith submitted for approval.
FISCAL IMPACT
DATE TOTAL
06/07/2024 $397,022.08
06/21/2024 $450,012.95
TOTAL: $847,035.03
The payroll and benefit warrants issued, covering warrant #s 70225-70320 and direct deposit advice #s 9989324 – 9989789 inclusive, totaled $847,035.03.Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT FOR YUCCA
LOMA ROAD RIGHT OF WAY SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a Professional Services Agreement to Bender Rosenthal, Inc. for the Yucca Loma Road Widening Right of Way Services Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
BACKGROUND
With the completion of the Yucca Loma Road/Green Tree Boulevard Project, a third corridor is now available to Apple Valley citizens in accessing neighboring cities as well as Interstate 15. In anticipation of the need to widen Yucca Loma Road east of Apple Valley Road, the Town entered into a contract in 2015 with Kimley Horn and Associates, Inc. to complete the design of Yucca Loma Road from Apple Valley Road to Rincon Road from two to four lanes. While design was completed in 2019, funding constraints prevented the project from moving forward with construction. The improvements involve the complete removal of existing paving, grading of a new wider roadway, installation of new curb, gutter and a concrete Class I bike path, installation of new base material and asphalt paving resulting in four travel lanes (two in each direction), and connections to existing driveways.
To alleviate congestion west of Apple Valley Road, the Town is currently in the process of widening the first 1200 feet. The segment east of the limit as described above is approximately 4,300 feet (to Rincon Road). Although final street improvements would all be located within existing right-of-way, grade differentials between the widened roadway
and existing improved properties would require the acquisition of approximately 25 Permits to Enter and Construct (PTEC) and/or Temporary Construction Easements (TCE) to accommodate the installation of retaining walls for the installation of new sidewalks and driveway connections.
ANALYSIS
On May 21, 2024, staff issued a Request for Proposals (RFP) for the subject project and received four submissions on June 18, 2024. The scope of work includes coordination with all impacted property owners to ensure staff has the appropriate consent to enter private property to construct the necessary improvements. Upon receipt, the proposals were reviewed and scored by Town staff using the following chriteria:
1. Project understanding and approach
2. Project Manager’s experience with similar kinds of work
3. Experience of assigned project team members and sub consultants
4. Displayed ability to complete the project within the proposed timeframe
5. Completenes and overall quality of submission
Upon review of the proposals, staff selected Bender Rosenthal, Inc. for the following reasons:
Understanding of the project area and depth of research conducted prior to submission of their proposal.
Strength of the project team members .
Cost savings opportunities by introducing the option for PTECs.
With a consultant selected, staff opened their sealed cost proposal. Bender Rosenthal, Inc.’ estimated costs for this project is $52,440.00 which is within the estimated budget.
For all the reasons mentioned above, staff recommends that Bender Rosenthal, Inc. be awarded a Professional Services Agreement for the Yucca Loma Road Widening Right of Way Services Project.
FISCAL IMPACT
Funding is included in the adopted Fiscal Year 2024-2025 budget using Traffic Impact Fees. While Bender Rosenthal’s estimated cost is $52,440.00, staff recommends approving an additional 10% contingency of $5,244.00 bringing the total cost to $57,684.00.
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 23rd day of July, 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 Bender Rosenthal, Incorporated, a Corporation, with its principal place of business at 2825 Watt Ave #200, Sacramento, CA 95821 ("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 right of way, easement, and right of entry 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 Yucca Loma Road Widening Right of Way Services 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 right of way, easement, and right of entry 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 July 23, 2024 to October 23, 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.
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
-2-
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty-Two Thousand Four Hundred Forty ($52,440.00) 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 "C" 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 “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
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 and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel 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-
3.3.3 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: Renee Baur, Lucas Smith, Nicole Cornell, and David Houghton.
3.3.5 Town's Representative. The Town hereby designates Richard Pedersen, 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 Renee Baur, 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 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
-4-
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 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.
-5-
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 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.
-6-
(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.
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) 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.
-7-
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.
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.
-8-
(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 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
-9-
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 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.
-10-
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:
Consultant: Bender Rosenthal, Incorporated
2825 Watt Ave #200,
Sacramento, CA 95821
ATTN: Renee Baur, Principal in Charge
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Richard Pedersen, Town Engineer
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
-11-
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 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
-12-
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, 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
-13-
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 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.
-14-
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.
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]
-15-
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF APPLE VALLEY
AND BAUR ROSENTHAL, INCORPORATED
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF APPLE VALLEY
By:
Doug 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
BENDER ROSENTHAL, INCORPORATED
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
Town of Apple Valley | RIGHT OF WAY SERVICES FOR THE YUCCA LOMA ROAD WIDENING PROJECT P A G E A-2 PROJECT Understanding
Yucca Loma Road runs east to west through the
center of the Town, and this project will widen and
reconstruct the segment between Apple Valley Road
on the west and just beyond Rincon Road to the east.
As a major arterial, widening this road is a crucial
step in improving traffic flow, ensuring motorist and
pedestrian safety and supporting future development.
As stated in the RFP, and reiterated in Addendum
1, it is clear to BRI that the Town does not intend
to compensate the impacted property owners as all roadway improvements will be constructed in the public right of way. Further, additional improvements such as retaining walls, driveway approaches and landscaping replacement, will be a benefit to the property owners. BRI understands that the compensation to the impacted property owners will be the benefit of the Project and the associated improvements.
Given this, BRI would like to propose utilizing Permits to Enter and Construct (PTEC) Agreement rather than Temporary Construction Easements (TCE). We have been successful in acquiring PTECs for other similar projects and are confident that this strategy would be a good fit for the Yucca Loma Road Widening Project.
PERMITS TO ENTER AND CONSTRUCT (PTEC) AGREEMENTS:
• One-page, non-complex document
• Notary not required
• No associated time limits/constraints
• Simplified project exhibit – formal plat map and legal description not required • No compensation and/or nominal compensation
• Preliminary title report not required
• No appraisal or waiver valuation necessary
Additionally, BRI has thoroughly reviewed the provided Street Improvement Plans, and observed the project area and current conditions. The impacted properties are setback from the road and landscaping is minimal along the corridor. We understand that there have been twenty-four (24) impacted parcels identified by the RFP. BRI’s review revealed additional areas that may require temporary rights. Upon award, we will review all mapping in detail with the Town to determine a final parcel count. All impacted parcels are single family residential properties, and construction activities on private property will be limited to the construction of driveways and retaining walls.
2. SCOPE AND SERVICES
Exhibit A
Town of Apple Valley | RIGHT OF WAY SERVICES FOR THE YUCCA LOMA ROAD WIDENING PROJECT PA G E A-3
PROJECT MANAGEMENT
Project Management identifies risks, and manages scope, schedule, and resources to ensure success. It is the cornerstone to successful project delivery. Once selected, BRI will discuss the expectations with the Town to define a common understanding about project details, critical issues and processes, and roles and responsibilities associated with the right of way activities.
BUDGET & COST CONTROL: BRI will closely monitor the scope of work, quality of deliverables, and completed and forecasted project milestones. Budgets are managed by tasks and at parcel/property owner levels. These reviews will identify work performed outside the parameters of the initial scope and isolate any trends.
RESOURCES & SCHEDULE: BRI’s staff is a well-oiled machine of nimble professionals, with the ability to start, stop, and turn on a dime, allowing for consistency and flexibility as the Project evolves. BRI staff can be efficiently added, replaced, or reassigned at the Town’s discretion.
RESPONSIVENESS & PROGRESS REPORTING: BRI will conduct bi-weekly or weekly meetings with the Town to discuss project progress and treat every project inquiry with timely responses and prompt follow-ups. To promote ongoing communication regarding key milestones or project obstacles, BRI will ensure that a single path of information transmission is established between the team members.
QUALITY ASSURANCE & CONTROL: Our Quality Assurance/Quality Control Program will start with constantly updated project information, reviewed master document formatting, and centralized document preparation. Before any document is released to the Town for approval, it will have been quality checked by a senior professional.
TIMELY DELIVERY: BRI will provide the Town with progress reports and recommendations for any procedural improvements that may streamline acquisition activities by avoiding potential long-lead situations. BRI will produce and maintain a parcel by parcel schedule to integrate into the Town’s overall project schedule.
PROJECT UNDERSTANDING AND DOCUMENT REVIEW
Once selected, BRI will perform a detailed review of the project plans, order preliminary title reports for the impacted properties and review all other project mapping and exhibits to ensure a complete understanding of the project and right of way requirements.
PROPERTY OWNER COORDINATION
Following notice to proceed, BRI will prepare all necessary offer letters, contracts and conveyance documents and exhibits, as required. Then, once the TCE offer package has been approved by the Town, BRI will deliver them to the property owners and initiate negotiations.
2. SCOPE AND SERVICES
REQUESTED SERVICES - RFP SCOPE TASKS
Exhibit A
Town of Apple Valley | RIGHT OF WAY SERVICES FOR THE YUCCA LOMA ROAD WIDENING PROJECT P AGE A- 4
2. SCOPE AND SERVICES
BRI will then reach out to the property owners promptly and respond to Project questions and concerns, continuing negotiations through acceptance. BRI understands that the Town will assist, as necessary, with limited correspondence and exhibit review.
APPRAISALS
Though unlikely, if the need arises, BRI will develop appraisals of the estimated fair market value of the TCEs. The appraisals will be a narrative report that will be prepared in conformance with and subject to the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute, which fully incorporate the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation, requirements related to the Uniform Relocation Assistance and Real Property Acquisition Act and state and federal statutes. BRI understands that should compensation be required, the Town will review and approve all offers and counter offers made to the property owners. Further, in this scenario, BRI will also be responsible for reviewing and delivering all documents and checks to the escrow company so that the project acquires good title and property rights necessary for completion. Should valuation become necessary, BRI would also recommend that the Town consider a Restricted Appraisal Report or Waiver Valuation for additional cost savings.
PREPARATION OF TCE
BRI will prepare and provide the original TCEs to the Town, including notarized signatures of each property owner and Project exhibits with legal descriptions that clearly identify the boundaries and limits of the TCE.
OPTIONAL SERVICES - BRI PROPOSED TASKS
PROPERTY OWNER RESEARCH AND IDENTIFICATION
As preliminary title reports are not required when acquiring a PTEC, BRI will conduct comprehensive research for each subject parcel. This frequently involves additional property searches for owners with multiple properties and outdated mailing addresses, in which we will utilize DataTree and other online platforms to locate the owner. BRI is also experienced in conducting title searches through County Recorder offices and has a team of research staff available to assist with data collection and land documentation relating to each property.
PERMITS TO ENTER AND CONSTRUCT (PTEC) AGREEMENTS
BRI will prepare the PTEC agreements with corresponding exhibits and mapping and will mail out a letter to each impacted property owner. In addition to the letter and PTEC, the package will also contain an addressed, prepaid shipping label for ease of return. The Town will have the opportunity to review, revise and approve the PTEC document template and agreement package prior to distribution. As required, BRI will follow up with each property owner after the initial mailing and work with the property owners to promptly resolve any concerns. All signed documentation will be submitted to the Town and one (1) copy of the fully executed PTEC agreement will be provided to the property owner upon approval by the Town.
BRI will track all PTEC agreements and provide status updates to the Town as required.
Exhibit A
Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
Town of Apple Valley | RIGHT OF WAY SERVICES FOR THE YUCCA LOMA ROAD WIDENING PROJECT P AGE B-2 BRI understands that the target for project completion is July 31, 2025. Upon selection, BRI will work closely with the Town’s management team to establish a detailed schedule to support the construction bidding timeline. Below are two proposed schedules with projected dates of completion for project milestones and anticipated review meetings with Town staff.
The Option 1 schedule assumes TCE acquisition, with potential valuation (RFP Scope), and the Option 2 schedule assumes PTEC acquisition with no valuation.
3. Time Schedule
R I G H T O F WAY
TASKS - OPTION 1
2024 2025
JULY AUG SEPT OCT NOV DEC JAN FEB MAR
NOTICE OF SELECTION
PROJECT MANAGEMENT
PROJECT UNDERSTANDING
AND DOCUMENT REVIEW
PROPERTY OWNER
COORDINATION
APPRAISALS
IF NEEDED
TCE NEGOTIATIONS
PROJECT CLOSE OUT
R I G H T O F WAY
TASKS - OPTION 2
2024 2025
JULY AUG SEPT OCT NOV DEC JAN FEB MAR
NOTICE OF SELECTION
PROJECT MANAGEMENT
PROJECT UNDERSTANDING AND
DOCUMENT REVIEW
PROPERTY OWNER RESEARCH
AND IDENTIFICATION
PTEC NEGOTIATIONS
PROJECT CLOSE OUT
TOWN REVIEW/APPROVAL
OF TCE DOCUMENT TEMPLATE
TOWN REVIEW/APPROVAL
OF TCE VALUATION & COMPENSATION
TOWN REVIEW/APPROVAL
OF PTEC DOCUMENT TEMPLATE
Exhibit "B"
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
RIGHT OF WAY TASK HOURS / UNIT RATE / LUMP SUM COST
PROJECT MANAGEMENT 30 $190 $5,700
PROJECT UNDERSTANDING AND DOCUMENT REVIEW 10 $150 $1,500 PROPERTY OWNER COORDINATION 12 $150 $1,800
TCE NEGOTIATIONS 24 $3,000 $72,000
SUBTOTAL $81,000
Preliminary Title Reports (24 @ $850) $20,400
Other Direct Costs (Mileage/Postage) $1,680
NOT TO EXCEED FEE $103,080
Option 1 assumes TCE acquisition, with potential valuation, and Option 2 assumes PTEC acquisition with no valuation. Preliminary Title Reports at Cost. Postage includes prepaid response package.
RIGHT OF WAY TASK HOURS / UNIT RATE / LUMP SUM COST
PROJECT MANAGEMENT 24 $190 $4,560
PROJECT UNDERSTANDING AND DOCUMENT REVIEW 10 $150 $1,500 PROPERTY OWNER RESEARCH AND IDENTIFICATION 12 $125 $1,500 PTEC NEGOTIATIONS 24 $1,800 $43,200
SUBTOTAL $50,760
Other Direct Costs (Mileage/Postage) $1,680
NOT TO EXCEED FEE $52,440
RIGHT OF WAY TASK HOURS / UNIT RATE / LUMP SUM COST NOTES
APPRAISALS -
WAIVER VALUATIONS
OPTIONAL - AS NEEDED
1 $2,200 $2,200
As needed, BRI proposes to use Waiver
Valuations in lieu of full narrative
appraisals, at a cost of $2,200 each
TCE TASKS COST
TCE Package Sent $1,000
Sixty (60) days or when an agreement is reached, whichever is sooner $1,500 Final project closeout; files transmitted $500
PTEC TASKS COST
PTEC Package Sent $1,000
Final project closeout; files transmitted $800
BRI proposes that acquisition services be billed lump sum, at the following milestones.
FEE PROPOSAL - OPTION 1
FEE PROPOSAL - OPTION 2
Exhibit "C"
Page C-2
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR ROADWAY REPAIR 2024-01
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council:
A. Accept the work completed by LCR Earthwork, Corp. as part of the Roadway Repair 2024-01 project for a total contract cost of $522,049.25.
B. Direct the Town Clerk to file the Notice of Completion for the contract work.
C. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
BACKGROUND
As part of the Town’s annual paving priorities, staff evaluates local roadways and determines priority areas for routine and extraordinary maintenance. For this particular project staff identified roadway segments with large lateral cracks. The Project generally consisted of providing the necessary labor, equipment, and materials for the removal of damaged asphalt in areas with extreme lateral cracking and filling back the damaged area with new compacted asphalt.
ANALYSIS
Engineering staff inspected the project area and deemed the work to be complete and acceptable.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2023-2024 budget under Paving Priorities using a combination of Measure I and RMRA funds.
ATTACHMENTS
A. List of Segments
B. Notice of Completion
List of Segments
SYMERON ROAD W/S APPLE VALLEY RD E/S TUSCOLA RD
MANA ROAD W/S TUSCOLA RD E/S WABISI RD
MANA ROAD E/S WABISI RD E/S ANIWA RD
MANA ROAD E/S ANIWA RD END
LOOKOUT ROAD W/S BIG SKY RD S/S BRANDING IRON RD
LOOKOUT ROAD N/S BRANDING IRON RD S/S MANA RD
LOOKOUT ROAD N/S MANA RD CDS-76
CABAZON ROAD W/S ANIWA RD E/S LOOKOUT RD
ANIWA ROAD N/S MANA RD END
BRANDING IRON ROAD S/S RIVERSIDE DR CDS-76
SWIFT FOX COURT N/S SYMERON RD END
RIVERSIDE DRIVE 295' N/O SYMERON RD E/S BRANDING IRON RD BIG SKY ROAD N/S BRANDING IRON RD CDS-82
BIG SKY ROAD S/S BRANDING IRON RD CDS-82
WABISI ROAD S/S MANA RD 110' S/O MONDAMON RD
SYMERON ROAD W/S TUSCOLA RD N/S RIVERSIDE RD
SYMERON LANE (COURT) N/S SYMERON ROAD END (NORTH) CDS-66 WABISI ROAD 110' S/O MONDAMON RD N/S SYMERON RD
IDAHO LANE E/S IDAHO ROAD END (EAST) CDS-57
IDAHO ROAD N/S MONDAMON ROAD S/S TACONY ROAD
ANIWA ROAD S/S QUANTICO RD END
POTOMAC ROAD W/S APPLE VALLEY RD N/S QUANTICO RD
POTOMAC ROAD N/S QUANTICO RD END
QUANTICO ROAD W/S APPLE VALLEY RD E/S POTOMAC RD
QUANTICO LANE N/S QUANTICO RD CDS-60
MANITOU ROAD W/S TUSCOLA ROAD N/S RIVERSIDE DRIVE
RIVERSIDE DRIVE W/S RIVERSIDE RD 295' N/O SYMERON RD
RIVERSIDE LANE N/S RIVERSIDE DR CDS-60
RIVERSIDE WAY N/S RIVERSIDE DR CDS-54
TUSCOLA ROAD "S/S" SYMERON ROAD (NO. OF INT.) W/S NOKOMIS ROAD TUSCOLA ROAD E/S NOKOMIS ROAD END (WEST) @ GATE
TUSCOLA COURT N/S TUSCOLA ROAD END (NORTH) CDS-57
HIAWATHA ROAD E/S TUSCOLA ROAD W/S TACONY ROAD
WINNETKA ROAD W/S NOKOMIS ROAD E/S COCOPAH ROAD
WINNETKA ROAD W/S COCOPAH ROAD END (WEST) CDS-46
WINNETKA COURT N/S WINNETKA ROAD END (EAST) CDS-47
COCOPAH ROAD E/S TACONY ROAD W/S NOKOMIS ROAD
COCOPAH ROAD E/S NOKOMIS ROAD END (EAST)
RIVERSIDE DRIVE N/S SENECA RD W/S RIVERSIDE RD
RIVERSIDE ROAD S/S RIVERSIDE DR CDS-44
KOKOMO ROAD N/S KEOTA ROAD E/S MANDAN ROAD
KOKOMO ROAD W/S MANDAN ROAD E/S KINAI ROAD
KOKOMO ROAD W/S KINAI ROAD END (WEST)
KINAI ROAD S/S APPLE VALLEY ROAD S/S CHICKASAW ROAD
KINAI ROAD W/S MANDAN ROAD S/S CHICKASAW ROAD
KINAI COURT E/S KINAI ROAD END (EAST) CDS-70
KEOTA ROAD E/S HAVASU ROAD W/S APPLE VALLEY ROAD
HAVASU LANE N/S HAVASU ROAD END (NORTH) CDS-65
HAVASU ROAD N/S SENECA ROAD E/S MANDAN ROAD
CHICKASAW ROAD W/S KINAI ROAD END (WEST)
MANDAN LANE E/S MANDAN RD CDS-62
SENECA COURT S/S SENECA RD CDS-60
MINGO ROAD W/S MANDAN ROAD E/S RIVERSIDE DRIVE
MINGO LANE S/S MINGO ROAD END (SOUTH) CDS-55
RIVERSIDE DRIVE S/S SHOSHONEE RD N/S MANDAN RD
RIVERSIDE DRIVE N/S MANDAN RD N/S SENECA RD
INKPA COURT N/S INKPA ROAD END (NORTH) CDS-62
INKPA ROAD W/S RED FEATHER ROAD E/S MANDAN ROAD
MANDAN COURT E/S MANDAN RD CDS-63
SENTENAC ROAD E/S RIVERSIDE DR END
HAVASU ROAD N/S SIESTA DR S/S SHOSHONEE RD
HAVASU ROAD 165' N/O NOWATA RD S/S SIESTA DR
HAVASU ROAD N/S YUCCA LOMA RD 165' N/O NOWATA RD
HAVASU ROAD N/S SHOSHONEE ROAD S/S HAIDA ROAD
HAVASU ROAD N/S HAIDA ROAD S/S RED FEATHER ROAD
TEHACHAPI ROAD E/S COACHELLA ROAD S/S HAIDA ROAD
TEHACHAPI ROAD N/S HAIDA ROAD E/S HAVASU ROAD
TOVAR COURT W/S HAVASU ROAD END (WEST) CDS-64
CUYAMACA ROAD N/S SHOSHONEE ROAD W/S COACHELLA ROAD
CUYAMACA ROAD E/S COACHELLA ROAD W/S TEHACHAPI ROAD
CUYAMACA ROAD 145' S/O SIESTA DR CDS-74
CUYAMACA ROAD N/S SIESTA DR S/S SHOSHONEE RD
CUYAMACA ROAD 145' S/O SIESTA DR S/S SIESTA DR
YUMA COURT N/S TEHACHAPI ROAD END (WEST) CDS-65
SHOSHONEE ROAD 185' E/O SIESTA DR E/S IVANPAH RD
SHOSHONEE ROAD E/S RIVERSIDE DR 185' E/O SIESTA DR
SHOSHONEE COURT S/S SHOSHONEE RD CDS-72
RIVERSIDE DRIVE N/S SAHALE LN S/S SHOSHONEE RD
SAHALE LANE W/S RIVERSIDE DR W/S HAVASU RD
SAHALE COURT N/S SAHALE LN CDS-72
SAHALE PLACE N/S SAHALE LN CDS-72
NOWATA COURT N/S NOWATA RD CDS-72
NOWATA ROAD W/S HAVASU RD E/S RIVERSIDE DR
SIESTA DRIVE S/S SHOSHONEE RD 430' S/O SHOSHONEE RD
HUDSON COURT W/S HAVASU RD CDS-65
HUDSON ROAD Ext. N/S HUDSON RD CDS-54
HUDSON ROAD W/S WAWONA RD E/S COACHELLA RD
SIESTA DRIVE 430' S/O SHOSHONEE RD W/S APPLE VALLEY RD
SAHALE LANE W/S COACHELLA RD W/S IVANPAH RD
IVANPAH ROAD N/S SIESTA DR S/S SHOSHONEE RD
IVANPAH ROAD 145' S/O SIESTA DR S/S SIESTA DR
IVANPAH ROAD N/S SAHALE LN 145' S/O SIESTA DR
HAIWEE ROAD W/S WAWONA RD END
COACHELLA ROAD N/S SHOSHONEE ROAD S/S HAIDA ROAD
COCHISE ROAD 150' S/O SIESTA DR (X-Gutter) N/S YUCCA LOMA RD COCHISE ROAD S/S SIESTA DR 150' S/O SIESTA DR (X-Gutter) COCHISE COURT E/S COCHISE RD CDS-70
COCHISE WAY E/S COCHISE RD CDS-83
WAWONA ROAD S/S SHOSHONEE RD N/S SIESTA DR
WAWONA ROAD S/S SIESTA DR N/S YUCCA LOMA RD
Recording Requested by:
Town of Apple Valley
When Recorded mail to:
Town of Apple Valley
Town Clerk’s Office
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
Notice of Completion
This document is recorded at the request of and for the benefit of the Town of Apple valley, California, and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 27383 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation code 11922.
NOTICE IS HEREBY GIVEN, that
1. The undersigned, Richard Pedersen, is the duly appointed and qualified Town Engineer of the Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.
2. That on the 27th day of February, 2024, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with LCR Earthwork & Engineering, Corp., 3200 E. Guasti Road, Suite 100, Ontario, CA 91761 for the construction of the Roadway Repair 2024-01 Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.
3. That all of the said work or improvement was located in various locations, APN’s unknown, within the Town of Apple Valley.
4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on July 23, 2024.
5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $521,750.00 and $521,750.00.
6. Owners - Town of Apple Valley.
7. Nature of Interest – In fee/easement.
The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Town Engineer of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.
I certify under penalty of perjury the foregoing is true and correct.
Apple Valley, CA. July 23, 2024
Richard Pedersen, Town Engineer of the Town of Apple Valley, California
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: KONICA MINOLTA LEASE AGREEMENT
From: Douglas Robertson, Town Manager
Submitted by: Brandon Cales, Director of Innovation and Technology Innovation and Technology Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council approve and authorize the Town Manager or designee to execute the lease agreement with Konica Minolta, for a 60-month lease of eight (8) copiers in an amount estimated not to exceed $55,000 annually.
BACKGROUND
The existing Konica Minolta units have effectively been in use by the Town since 2019 and are due for replacement to ensure equipment stability and support. The lease agreement includes an upgrade of existing units to continue to provide printing capabilities to exceed staff’s printing demands.
FISCAL IMPACT
This is budgeted under the Innovation and Technology Department in the FY2024-25 budget approved by Town Council. Costs for the second year and beyond will be incorporated into future budgets.
ATTACHMENTS
A) Quote
B) Lease Paperwork
C) Order Paperwork
Quotation ID:
Date/Time: Page 1 of 6 8012343607/03/2024 11:42:46 AM
Quotation
Prepared Exclusively for:
Town Of Apple Valley
Chris Johnson, IT Coordinator
14955 Dale Evans Pkwy
Apple Valley, CA 92307-3061
Prepared by:
Renee Gallardo
SENIOR ACCOUNT EXECUTIVE - ES
Office: (909) 801-5255
[email protected]
Offer Expires: 07/31/2024
Product: Device & Software
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Delivery Contact:
Qty Product Description Product Configuration
12 Ysoft Km Mfx Reader
1dev(4000+)
12 Dispatcher Stratus 10-49 Dev 3
Yr Term
(14)Km Pro Services Office Solutions Tier 2, (26)Paragon Cld 2 Dev Initial Tech Proc Fee, (15)Km Pro Services Office Solutions Tier 2, (2)Paragon Cloud 2 Tech Consult Daily Fee, (25)Paragon Cloud 2 (5-49) 36mo Fixed Term, (5000)Kmbs Professional Project Services
1 Bizhub C651i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay Unit Ru-513, Fs-539, Lu-302 Large Capacity Unit, Pc-416 Cabinet, Kmpf Lease Return 1st Unit, Basic Network Service - Bns04, Mfp Delivery Charge - Level Two, Tn626c Cyan Toner Yield: 28k, Tn626m Magenta Toner Yield: 28k, Tn626y Yellow Toner Yield: 28k, Tn626k Black Toner Yield: 28k, C651i Color Copier/printer W/ Df-713
1 Bizhub C651i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay Unit Ru-513, Fs-539, Lu-302 Large Capacity Unit, Pc-416 Cabinet, Kmpf Lease Return Addl Units, Basic Network Service - Bns04, Mfp Delivery Charge - Level Two, Tn626c Cyan Toner Yield: 28k, Tn626m Magenta Toner Yield: 28k, Tn626y Yellow Toner Yield: 28k, Tn626k Black Toner Yield: 28k, C651i Color Copier/printer W/ Df-713
1 Bizhub C551i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay Unit Ru-513, Fs-539, Lu-302 Large Capacity Unit, Pc-416 Cabinet, Basic Network Service - Bns04, Kmpf Lease Return Addl Units, Mfp Delivery Charge - Level Two, Tn626c Cyan Toner Yield: 28k, Tn626m Magenta Toner Yield: 28k, Tn626y Yellow Toner Yield: 28k, Tn626k Black Toner Yield: 28k, C551i Color Copier/printer W/ Df-713
1 Bizhub C551i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay Unit Ru-513, Fs-539, Pc-416 Cabinet, Basic Network Service - Bns04, Kmpf Lease Return Addl Units, Mfp Delivery Charge - Level Two, Tn626c Cyan Toner Yield: 28k, Tn626m Magenta Toner Yield: 28k, Tn626y Yellow Toner Yield: 28k, Tn626k Black Toner Yield: 28k, C551i Color Copier/printer W/ Df-713
1 Bizhub C451i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay
Quotation ID:
Date/Time: Page 2 of 6 8012343607/03/2024 11:42:46 AM
Qty Product Description Product Configuration
Unit Ru-513, Fs-539, Pc-416 Cabinet, Kmpf Lease Return Addl Units, Basic Network Service - Bns04, Mfp Delivery Charge - Level Two, Tn626c Cyan Toner Yield: 28k, Tn626m Magenta Toner Yield: 28k, Tn626y Yellow Toner Yield: 28k, Tn626k Black Toner Yield: 28k, C451i Copier/printer With Df-713
1 Bizhub C301i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay Unit Ru-513, Fs-539, Pc-416 Cabinet, Kmpf Lease Return Addl Units, Basic Network Service - Bns04, Mfp Delivery Charge - Level One, Tn-328k Black Toner, Tn-328c Cyan Toner, Tn-328m Magenta Toner, Tn-328y Yellow Toner, C301i Color Copier/ printer With Df-714
1 Bizhub C301i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay Unit Ru-513, Fs-539, Pc-416 Cabinet, Kmpf Lease Return Addl Units, Basic Network Service - Bns04, Mfp Delivery Charge - Level One, Tn-328k Black Toner, Tn-328c Cyan Toner, Tn-328m Magenta Toner, Tn-328y Yellow Toner, C301i Color Copier/ printer With Df-714
1 Bizhub C301i Bizhub Secure, Recycled Power Filter 120v/15a, Working Table Wt-506, Lk-116 - License, Fk-514 Fax Kit 1st & 2nd Line, Pk-524 2/3 Punch Unit For Fs-539, Relay Unit Ru-513, Fs-539, Pc-416 Cabinet, Kmpf Lease Return Addl Units, Basic Network Service - Bns04, Mfp Delivery Charge - Level One, Tn-328k Black Toner, Tn-328c Cyan Toner, Tn-328m Magenta Toner, Tn-328y Yellow Toner, C301i Color Copier/ printer With Df-714
Maintenance Services
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C651i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C651i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061
Quotation ID:
Date/Time: Page 3 of 6 8012343607/03/2024 11:42:46 AM
Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C551i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C551i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C451i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C301i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C301i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061
Quotation ID:
Date/Time: Page 4 of 6 8012343607/03/2024 11:42:46 AM
Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C301i 1 One Rate Unlimited TM
Product: Removal & Disposition
Removal Location - 1: Dsb - Building/engineering , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A79K011 Bizhub C558 A79K011023364 Upgrade to Return First-citizens Bank & Trust Company 105238 Removal Location - 2: Dsb - Planning , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A9K6011 Bizhub C659 A9K6011006244 Upgrade to Return First-citizens Bank & Trust Company 105238 Removal Location - 3: Dsb - Work Center , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A79M011 Bizhub C458 A79M011046381 Upgrade to Return First-citizens Bank & Trust Company 105238 Removal Location - 4: Pw-pw Yard , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number AA2K011 Bizhub C300i Color A3
Mfp/30 Ppm
AA2K011001429 Upgrade to Return First-citizens Bank & Trust Company 105238 Removal Location - 5: Th-finance , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A79K011 Bizhub C558 A79K011023349 Upgrade to Return First-citizens Bank & Trust Company 105238 Removal Location - 6: Th-recreation , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A9K6011 Bizhub C659 A9K6011006234 Upgrade to Return First-citizens Bank & Trust Company 105238 Removal Location - 7: Th-town Clerk , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number AA2K011 Bizhub C300i Color A3
Mfp/30 Ppm
AA2K011001379 Upgrade to Return First-citizens Bank & Trust Company 105238 Removal Location - 8:TOWN OF APPLE VALLEY, 14955 DALE EVANS PKWY, APPLE VALLEY, CA, 92307-3061 Contact: Brandon Cales , (760) 961-6260
Quotation ID:
Date/Time: Page 5 of 6 8012343607/03/2024 11:42:46 AM
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number AA2K011 Bizhub C300i*hold Errol AA2K011003535 Upgrade to Return First-citizens Bank & Trust Company 105238 Existing Financial Considerations
Buyout/Upgrade – Direct Settlement (included in projected payment) Funding Source Account Number Type
Konica Minolta Premier Finance 061-0161284-000 Upgrade to Return
Quotation ID:
Date/Time: Page 6 of 6 8012343607/03/2024 11:42:46 AM
Quotation Summary & Acceptance
Transaction Type : Lease - Fair Market Value Purchase Option Term: 60 Months Projected Monthly Obligation(s): Amount
Device/Software/Maintenance Services: $4,521.78
Total(Excluding applicable taxes) $4,521.78
Please contact Renee Gallardo, (909) 801-5255, to accept this quotation and have an Order/Lease Agreement delivered for signature.
1 By providing a telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving communications (for NON-marketing or solicitation purposes) at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from Lessor and its affiliates and agents. This Express Consent applies to each such telephone number that you provide to us now or in the future and permits such calls. These calls and messages may incur access fees from your cellular provider. 2 To help the Government fight the funding of terrorism and money laundering activities, Federal Law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account.
What this means is, when you open an account, we will ask for your name, address and other information that will allow us to identify you; we may also ask to see identifying documents.
Advantage Lease Agreement – Version 20221115-FB KM Process Center: Corporate Package ID: 80123436 Date/Time: 07/03/2024 8:49:47 AM
Application Number
1959316
Agreement Number Schedule Number
Advantage Lease Agreement
This Advantage Lease Agreement (“Agreement”) is written in “Plain English”. In this Agreement, the words you and your refer to the customer (and its guarantors), the words we, us and our refer to Konica Minolta Business Solutions U.S.A., Inc., d/b/a Konica Minolta Premier Finance. If we assign this Agreement to a third party lessor, Lessor shall refer to such third party lessor assignee, and the words we, us and our shall also mean and include such Lessor and its assignees as to our rights, remedies and entitlements under this Agreement and any Schedule so assigned, but not our obligations.
Customer Information
Full Customer legal Name/Address:
Town Of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA 92307-3061
Billing Name/Address:
Town Of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA, 92307-3061
Billing Contact Name: Chris Johnson
Phone (760) 961-6262 1:
Email: [email protected]
Federal Tax ID2:
Do not enter Social Security Number
Term and Payment Information
Term in Months Number of Payments Payment Frequency Payment(Plus Applicable Taxes) End of Lease Purchase Option 60 60 Monthly $4,521.78 Fair Market Value
Product Description
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Product Configuration
12 Ysoft Km Mfx Reader 1dev(4000+)
12 Dispatcher Stratus 10-49 Dev 3 Yr Term (26)Paragon Cld 2 Dev Initial Tech Proc Fee, (25)Paragon Cloud 2 (5-49) 36mo Fixed Term 1 Bizhub C651i Pc-416 Cabinet, Lu-302 Large Capacity Unit, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506 1 Bizhub C651i Pc-416 Cabinet, Lu-302 Large Capacity Unit, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506 1 Bizhub C551i Pc-416 Cabinet, Lu-302 Large Capacity Unit, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506 1 Bizhub C551i Pc-416 Cabinet, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506
1 Bizhub C451i Pc-416 Cabinet, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506
1 Bizhub C301i Pc-416 Cabinet, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506
1 Bizhub C301i Pc-416 Cabinet, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506
Advantage Lease Agreement – Version 20221115-FB KM Process Center: Corporate Package ID: 80123436 Date/Time: 07/03/2024 8:49:47 AM
Qty Product Description Product Configuration
1 Bizhub C301i Pc-416 Cabinet, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Fk-514 Fax Kit 1st & 2nd Line, Lk-116 - License, Working Table Wt-506
Maintenance & Group Pool Billing Information
Pool Group 1
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
1 One Rate -1 Unlimited N/A N/A TM
Pool Group 1 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Customer Invoice Information Text 1 Bizhub C651i One RateTM
Pool Group 2
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
2 One Rate -2 Unlimited N/A N/A TM
Pool Group 2 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Customer Invoice Information Text 1 Bizhub C651i One RateTM
Pool Group 3
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
3 One Rate -3 Unlimited N/A N/A TM
Pool Group 3 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Customer Invoice Information Text 1 Bizhub C551i One RateTM
Pool Group 4
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
4 One Rate -4 Unlimited N/A N/A TM
Pool Group 4 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061
Advantage Lease Agreement – Version 20221115-FB KM Process Center: Corporate Package ID: 80123436 Date/Time: 07/03/2024 8:49:47 AM
Qty Product Description Customer Invoice Information Text 1 Bizhub C551i One RateTM
Pool Group 5
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
5 One Rate -5 Unlimited N/A N/A TM
Pool Group 5 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Customer Invoice Information Text 1 Bizhub C451i One RateTM
Pool Group 6
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
6 One Rate -6 Unlimited N/A N/A TM
Pool Group 6 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Customer Invoice Information Text 1 Bizhub C301i One RateTM
Pool Group 7
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
7 One Rate -7 Unlimited N/A N/A TM
Pool Group 7 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Customer Invoice Information Text 1 Bizhub C301i One RateTM
Pool Group 8
TM Maintenance Plan: One Rate
Pool
Group ID
Pool
Name
Pages
Included
Overage
Charge
Overage
Frequency
8 One Rate -8 Unlimited N/A N/A TM
Pool Group 8 - Asset Schedule
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty Product Description Customer Invoice Information Text 1 Bizhub C301i One RateTM
Advantage Lease Agreement – Version 20221115-FB KM Process Center: Corporate Package ID: 80123436 Date/Time: 07/03/2024 8:49:47 AM
The Konica Minolta equipment leased in this Agreement is covered under Konica Minolta's Customer ONE Guarantee. A copy of the Guarantee can be obtained at your local branch or by visiting
Terms And Conditions
(THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS SET FORTH BELOW, ALL OF WHICH ARE MADE A PART OF THIS AGREEMENT AND INCORPORATED INTO EACH SCHEDULE.) https://kmbs.konicaminolta.us/CustomerOne
1. LEASE AGREEMENT: You agree to lease from us the personal property identified herein, and additional personal property as identified in Schedules to this Advantage Lease Agreement, incorporating these TERMS AND CONDITIONS by reference - from time to time - signed by you and us (such property and any upgrades, substitutions, replacements, repairs and additions referred to as "Equipment") for business purposes only. In the event that the Equipment you selected is unavailable or cannot be supplied by the Supplier, you agree that we can substitute or upgrade your selection to equipment of equal or greater quality, function, and value, as determined by Supplier in its sole discretion, at no additional cost to you, and you agree to accept such substitution or upgrade upon delivery. Each Schedule is a separate assignable lease. To the extent the Equipment includes intangible property or associated services such as periodic software licenses and prepaid database subscription rights, such property shall be referred to as the “Software”. You agree to all of the terms and conditions contained in this Agreement and any Schedule, which together are a complete statement of our agreement regarding the listed equipment (“Agreement”) and supersede all other writings, communications, understandings, agreements, purchase orders, solicitation documents and related documents. This Agreement may be modified only by written Agreement and not by course of performance. This Agreement becomes valid upon execution by or for us. The Equipment is deemed accepted by you hereunder and under the applicable Schedule unless you notify us within three (3) days of delivery that you do not accept the Equipment and specify the defect or malfunction. In that event, at our sole option, we or our designee will replace the defective item of Equipment or this Agreement will be canceled and we or our designee will repossess the Equipment. You agree that, upon our request, you will sign and deliver to us, a delivery and acceptance certificate confirming your acceptance of the Equipment leased to you. The "Billing Date" of this Agreement will be the twentieth (20th) day or an alternative agreed upon date following installation. You agree to pay a prorated amount of 1/30th of the monthly payment times the number of days between the installation date and the Billing Date. This Agreement will continue from the Billing Date for the Term shown and will be extended automatically for successive one (1) month terms unless you (a) send us written notice, between ninety (90) days and one hundred fifty (150) days before the end of the initial term or at least 30 days before the end of any renewal term that you want to purchase or return the Equipment, and you timely purchase or return the Equipment. Leases with $1.00 purchase options will not be renewed. The periodic renewal payment has been set by mutual agreement and is not based on the cost of any component of this lease. THE BASE RENTAL PAYMENT SHALL BE ADJUSTED PROPORTIONATELY UPWARD OR DOWNWARD, IF THE ACTUAL COST OF THE EQUIPMENT EXCEEDS OR IS LESS THAN THE ESTIMATE PROVIDED TO YOU. If any provision of this Agreement is declared unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in that jurisdiction and all others. You authorize us to insert or correct missing information on this lease including your proper legal name, serial numbers, other numbers describing the Equipment and other omitted factual matters. You agree to provide updated annual and/or quarterly financial statements to us upon request. You authorize us or our agent to obtain credit reports and make credit inquiries regarding you and your financial condition and to provide your information, including payment history, to our assignee or third parties having an economic interest in this Agreement, any Schedule or the Equipment.
2. RENT: Rent will be payable in installments, each in the amount of the Monthly Payment (or other periodic payment) shown plus any applicable sales, use and property tax. If we pay any tax on your behalf, you agree to reimburse us promptly along with a processing fee. Subsequent installments will be payable on the first day of each rental payment period shown beginning after the first rental payment period or as otherwise agreed. We will have the right to apply all sums received from you to any amounts due and owed to us under the terms of this Agreement. Your obligation to make all Monthly Payments (or other periodic payment) hereunder is absolute and unconditional and you cannot withhold or offset against any Monthly Payments (or other periodic payment) for any reason. You agree that you will remit payments to us in the form of company checks (or personal checks in the case of sole proprietorships), direct debit or wires only. You also agree cash and cash equivalents are not acceptable forms of payment for this Agreement and that you will not remit such forms of payment to us. WE BOTH INTEND TO COMPLY WITH ALL APPLICABLE LAWS. IF IT IS DETERMINED THAT YOUR PAYMENTS UNDER THIS AGREEMENT OR UNDER A SCHEDULE RESULT IN AN INTEREST PAYMENT HIGHER THAN ALLOWED BY
APPLICABLE LAW, THEN ANY EXCESS INTEREST COLLECTED WILL BE APPLIED TO AMOUNTS THAT ARE LAWFULLY DUE AND OWING UNDER THIS AGREEMENT OR WILL BE REFUNDED TO YOU. IN NO EVENT WILL YOU BE REQUIRED TO PAY ANY AMOUNTS IN EXCESS OF THE LEGAL AMOUNT.
3. OWNERSHIP OF EQUIPMENT: We are the owner of the Equipment and have sole title (unless you have a $1.00 purchase option) to the Equipment (excluding software). You agree to keep the Equipment free and clear of all liens and claims. You are solely responsible for removing any data that may reside in the Equipment you return, including but not limited to hard drives, disk drives or any other form of memory.
4. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS”. You acknowledge that neither we nor our representatives are the Lessor's agents and none of us are authorized to modify the terms of this Agreement or any Schedule without the Lessor's consent. No representation or warranty of ours with respect to the Equipment will bind Lessor, nor will any breach thereof relieve you of any of your obligations hereunder. You are aware of the name of the manufacturer or supplier of each item of Equipment and you will contact the manufacturer or supplier for a description of your warranty rights. You hereby acknowledge and confirm that you have not received any tax, financial, accounting or legal advice from us, the Lessor, the manufacturer or supplier of the Equipment. THIS AGREEMENT AND EACH SCHEDULE CONSTITUTES A “FINANCE LEASE” AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE.
You agree that the Customer One Guarantee is a separate and independent obligation of ours, that no Lessor or assignee of the Lessor shall have any obligation to you with respect to the Guarantee and that your obligations under this Agreement are not subject to setoff, withholding, reduction, counterclaim or defense for any reason whatsoever including, without limitation, any claim you may have against us with respect to the Customer One Guarantee.
Advantage Lease Agreement – Version 20221115-FB KM Process Center: Corporate Package ID: 80123436 Date/Time: 07/03/2024 8:49:47 AM
5. LOCATION OF EQUIPMENT: You will keep and use the Equipment only at your address shown above and you agree not to move it unless we agree to it. At the end of the Agreement's term, if you do not purchase the Equipment, you will return the Equipment to a location we specify at your expense, in retail resalable condition (normal wear and tear acceptable), full working order, and in complete repair.
6. LOSS OR DAMAGE: You are responsible for the risk of loss or for any destruction of or damage to the Equipment. No such loss or damage relieves you from the payment obligations under this Agreement. You agree to promptly notify us in writing of any loss or damage and you will then pay to us the present value of the total of all unpaid Monthly Payments (or other periodic payments shown) for the full Agreement term plus the estimated fair market value of the Equipment at the end of the originally scheduled term, all discounted at four percent (4%) per year. Any proceeds of insurance will be paid to us and credited, at our option, against any loss or damage. You authorize us to sign on your behalf and appoint us as your attorney in fact to execute in your name any insurance drafts or checks issued due to loss or damage to the Equipment.
7. COLLATERAL PROTECTION AND INSURANCE: You are responsible for installing and keeping the Equipment in good working order. Except for ordinary wear and tear, you are responsible for protecting the Equipment from damage and loss of any kind. If the Equipment is damaged or lost, you agree to continue to pay the amounts due and to become due hereunder without setoff or defense. During the term of this Agreement, you agree that you will (1) insure the equipment against all loss or damage naming us as loss payee; (2) obtain liability and third party property damage insurance naming us as an additional insured; and (3) deliver satisfactory evidence of such coverage with carriers, policy forms and amounts acceptable to us. All policies must provide that we be given thirty (30) days written notice of any material change or cancellation. If you do not provide evidence of acceptable insurance, we have the right, but not the obligation, (a) to obtain insurance covering our interest (and only our interest) in the Equipment for the lease term, and renewals and (i) any insurance we obtain will not insure you against third party or liability claims and may be cancelled by us at any time, (ii) you will be required to pay us an additional amount each month for the insurance premium and an administrative fee, (iii) the cost may be more than the cost of obtaining your own insurance, (iv) you agree that we, or one of our affiliates, may make a profit in connection with the insurance we obtain, (v) you agree to cooperate with us, our insurer and our agent in the placement of coverage and with claims; or (b) we may waive the insurance requirement and charge you a monthly property damage surcharge in the amount of .0035 of the original equipment cost to cover our credit risk, administrative costs and other costs, as would be further described on a letter from us to you and on which we may make a profit. If you later provide evidence that you have obtained acceptable insurance, we will cancel the insurance we obtained or cease charging the surcharge.
8. INDEMNITY: We are not responsible for any loss or injuries caused by the installation or use of the Equipment. You agree to hold us and any Lessor harmless and reimburse us and them for loss and to defend us and them against any claim for losses or injury or death caused by the Equipment. We reserve the right to control the defense and to select or approve defense counsel. This indemnity survives the expiration or termination of this Agreement.
9. TAXES AND FEES: You agree to pay when invoiced all taxes (including personal property tax, fines and penalties) and fees relating to this Agreement or the Equipment. You agree to (a) reimburse us for all personal property taxes which we are required to pay as owner of the Equipment or to remit to us each month our estimate of the monthly equivalent of the annual property taxes to be assessed. If you do not have a $1.00 purchase option, we will file all personal property, use or other tax returns and you agree to pay us a processing fee for making such filings. You agree to pay us up to $125.00 on the date the first payment is due as an origination fee. We reserve the right to charge a fee upon termination of this Agreement either by trade-up, buy-out or default. Any fee charged under this Agreement may include a profit and is subject to applicable taxes.
10. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN, OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may sell, assign, or transfer this Agreement and/or the Equipment without notice. You agree that if we sell, assign, or transfer this Agreement and/or the Equipment to a Lessor, such Lessor will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the rights of such Lessor will not be subject to any claims, defenses, or set offs that you may have against us whether or not you are notified of such assignment. The cost of any Equipment, Software, services and other elements of this Agreement has been negotiated between you and us. None of Lessor or Lessor's assignees will independently verify any such costs. Lessor and Lessor's assignees will be providing funding based on the payment you have negotiated with us. You are responsible for determining your accounting treatment of the appropriate tax, legal, financial and accounting components of this Agreement.
11.DEFAULT AND REMEDIES: If (a) you do not pay any lease payment or other sum due to us or other party when due or (b) if you break any of your promises in the Agreement, any Schedule or any other agreement with us or (c) if you, or any guarantor of your obligations become insolvent or commence bankruptcy or receivership proceedings or have such proceedings commenced against you, you will be in default. If any part of a payment is more than three (3) days late, you agree to pay a late charge of ten percent (10%) of the payment which is late or if less, the maximum charge allowed by law. If you are ever in default, we may do any one or all of the following; (a) withhold service, parts and supplies and / or void the Customer One Guarantee; (b) terminate or cancel this Agreement and/or any and all Schedules and require that you pay, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, the sum of: (i) all past due and current Monthly Payments (or other periodic payments) and charges due under this Agreement and any Schedule; (ii) the present value of all remaining Monthly Payments (or other periodic payments) and charges for the remainder of the term of this Agreement and any Schedules, discounted at the rate of four percent (4%) per annum (or the lowest rate permitted by law, whichever is higher); and (iii) the present value (at the same discount rate as specified in clause (ii) above) of the amount of any purchase option with respect to the Equipment or, if none is specified, our anticipated value of the Equipment at the end of the initial term of this Agreement and any Schedules (or any renewal thereof); and (c) require you to return the Equipment to us to a location designated by us (and with respect to any Software, (i) immediately terminate your right to use the Software including the disabling (on-site or by remote communication) of any Software; (ii) demand the immediate return and obtain possession of the Software and re-license the Software at a public or private sale; and/or (iii) cause the Software supplier to terminate the Software license, support and other services under the Software license). We may recover interest on any unpaid balance at the rate of four percent (4%) per annum but in no event more than the lawful maximum rate. We may also use any of the remedies available to us under Article 2A of the Uniform Commercial Code as enacted in the state where we or the Lessor have our principal place of business. You agree to pay our reasonable costs of collection and enforcement, including but not limited to attorney's fees and actual court costs relating to any claim arising under this Agreement including, but not limited to, any legal action or referral for collection. If we have to take possession of the Equipment, you agree to pay the cost of repossession. The net proceeds of the sale of any repossessed Equipment will be credited against what you owe us YOU AGREE THAT NEITHER WE NOR SUPPLIER WILL BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY REASON WHATSOEVER. In no event shall Supplier's aggregate liability under this Agreement exceed the amount you paid for the products or services in question during the twelve-month period immediately preceding the event giving rise to the liability. You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any rights at a later time. All of our rights are cumulative. It is further agreed that your rights and remedies are governed exclusively by this Agreement and you waive lessee's rights under Article 2A (508-522) of the UCC.
Advantage Lease Agreement – Version 20221115-FB KM Process Center: Corporate Package ID: 80123436 Date/Time: 07/03/2024 8:49:47 AM
12. UCC FILINGS: You grant us a security interest in the Equipment if this Agreement or any Schedule is deemed a secured transaction and you authorize us to record a UCC-1 financing statement or similar instrument in order to show our interest in the Equipment.
13. CONSENT TO LAW, JURISDICTION AND VENUE: This Agreement shall be deemed fully executed and performed in the state of our or the Lessor's principal place of business and shall be governed by and construed in accordance with its laws. If we or the Lessor bring any judicial proceeding in relation to any matter arising under this Agreement, you irrevocably agree that any such matter may be adjudged or determined in any court or courts in the state of our or the Lessor's principal place of business, or in any court or courts in your state of residence, or in any other court having jurisdiction over you or your assets, all at the sole election of us or the Lessor. You hereby irrevocably submit generally and unconditionally to the jurisdiction of any such court so elected by us or the Lessor in relation to such matters. If the Customer shall bring any judicial proceeding in relation to any matter arising under the Agreement, the Customer irrevocably agrees to bring any such proceeding in, and that any such matter shall be adjudged or determined exclusively by, the courts in the state of the Supplier's, Lessor's or Assignee's principal place of business. In the event of litigation or other proceedings by Supplier, Lessor or Assignee to enforce or defend any term or provision of this Agreement, Customer agrees to pay all costs and expenses sustained by Supplier, Lessor or Assignee, including but not limited to, reasonable attorney's fees. BOTH PARTIES WAIVE TRIAL BY JURY IN ANY ACTION BETWEEN US..
14. LESSEE GUARANTEE: You agree, upon our request, to submit the original of this Agreement and any Schedules to us or the Lessor via overnight courier the same day you submit the facsimile or other electronic transmission of the signed Agreement and such Schedules. Both parties agree that this Agreement and any Schedules signed by you, whether manually or electronically, and submitted to us by facsimile or other electronic transmission shall, upon execution by us (manually or electronically, as applicable), be binding upon the parties. This lease may be executed in counterparts and any facsimile, photographic and/or other electronic transmission of this lease which has been manually or electronically signed by you when manually or electronically countersigned by us or attached to our original signature counterpart and/or in our possession shall constitute the sole original chattel paper as defined in the UCC for all purposes (including any enforcement action under paragraph 11) and will be admissible as legal evidence thereof. Both parties waive the right to challenge in court the authenticity of a faxed, photographic, or other electronically transmitted or electronically signed copy of this Agreement and any Schedules.
15. COMPUTER SOFTWARE: Notwithstanding any other terms and conditions of this Agreement, you agree that as to Software only: a) We have not had, do not have, nor will have any title to such Software, b) You have executed or will execute a separate software license Agreement and we are not a party to and have no responsibilities whatsoever in regards to such license Agreement, c) You have selected such Software and in accordance with paragraph 4 of this Agreement, WE MAKE NO WARRANTIES OF MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION OR FITNESS FOR USE AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DEFECTIVE NATURE OF SUCH SOFTWARE, SYSTEMS INTEGRATION, OR OTHERWISE IN REGARDS TO SUCH SOFTWARE. YOUR
LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THIS LEASE AGREEMENT SHALL IN NO WAY BE DIMINISHED OR DELAYED ON ACCOUNT OF OR IN ANY WAY RELATED TO THE ABOVE SAID SOFTWARE LICENSE AGREEMENT OF FAILURE IN ANY WAY OF THE SOFTWARE.
16. MAINTENANCE AND SUPPLIES: Equipment services provided under this Agreement include labor and parts required to maintain covered Equipment in a normal operating condition. We will provide toner for covered Equipment on an as needed basis. Consumable supplies do not include staples unless selected. The consumable supplies provided are our property until they are consumed and are intended to be used exclusively in the covered Equipment. You bear the risk of loss for unused supplies in the event of theft, employee misconduct, fire or other mishap. We reserve the right to replace a device, at no additional cost to you, with a comparable unit when repair of the original device is not practical or economically feasible. Pricing under this Agreement is based on published and commercially reasonable expectations of supply and consumables consumption. At our discretion, we may perform an audit of supply/consumables consumption and equipment usage data to determine consumption levels. In the event the actual consumption levels exceed the levels used to determine contract pricing by more than 20%, we have the right to invoice for the excess consumption. Paper must be separately purchased by you. A page is defined as one meter click and varies by page size as follows: 8.5”x11” = 1 click, 11”x17” = 2 clicks, 18”x27” = 3 clicks, 27”x36” = 4 clicks and 36”x47” = 5 clicks. You agree to provide us access to the equipment and we will provide labor or routine, remedial and preventive maintenance service as well as remedial parts during normal business hours (defined as 8:30 am to 5:00 pm, Monday through Friday, exclusive of holidays observed by us). All part replacements shall be on an exchange basis with new or refurbished items. We are not obligated to provide services or repairs in the event of Equipment abuse/misuse or casualty. Out of scope services, including after hours, moves, modifications and abuse/misuse will be charged at our current rates. If necessary, the service and supply portion of this Agreement may be assigned. We may charge you a Supply Freight Fee to cover our costs of shipping supplies to you. You acknowledge that (a) we (and not the Lessor or its assignees) are the sole party responsible for any service, repair or maintenance of the Equipment, and (b) we (not the Lessor or its assignees) are the party to any service maintenance agreement.
17. FLEET DEVICE MONITORING: We may ask your permission to install and maintain server-based software to monitor the printing devices on your network (“Fleet Device Monitoring”). Where the use of Fleet Device Monitoring software as part of a managed print program has been agreed to, it will be used to detect new devices and add such devices to this Agreement at pre-established price levels. The added device(s) will be covered under the terms of this Agreement. You will be notified via email and may reject the addition of the device(s) by contacting us. If you agree to allow us to install and maintain Fleet Device Monitoring software on your network, and the software cannot reliably operate in your environment for any reason, we reserve the right to suspend or terminate services under this Agreement.
18. OVERAGES AND COST ADJUSTMENTS: You agree to comply with any billing procedures designated by us, including notifying us of the meter reading on the Billing Date. If meter readings are not received, we reserve the right to estimate your usage and bill you for that amount. At the end of the first year of this Agreement and once each successive twelve month period, we may increase your payment, and the per page charge over the pages included (Overage) (if applicable) by a maximum of fifteen percent (15%) of the existing charge, or if less, the maximum amount permitted by applicable law. We may bill you a per page charge for all pages produced between the date of your final invoice and the date when you satisfy your obligations under this Agreement and either purchase or return the equipment to us. Notwithstanding anything herein to the contrary, for pools designated as “One Rate” pools, escalations within the original Agreement term and Supply Freight Fees do not apply nor are meter readings required. All Agreements are subject to escalation in any renewal period.
Advantage Lease Agreement – Version 20221115-FB KM Process Center: Corporate Package ID: 80123436 Date/Time: 07/03/2024 8:49:47 AM
End of Lease Options
You will have the following options at the end of the original term, provided the Agreement or applicable Schedule has not terminated early and no event of default under the Agreement and/or any Schedule has occurred and is continuing. 1. Purchase all of the Equipment as indicated in the “Term and Payment Information” section of the Agreement or any applicable Schedule (“fair market value” purchase amounts will be determined by us). 2. Renew the Agreement and/or applicable Schedule per paragraph 1 (on Agreement). 3. Return Equipment as provided in Paragraph 5 (on Agreement).
Lease Acceptance
THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT: THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
Konica Minolta Business Solutions U.S.A., Inc.,
d/b/a Konica Minolta Premier Finance
Signature: \ks2\
Name: \kn2\
Title: \kt2\
Date Signed: \kd2\
Customer
Town Of Apple Valley
Signature: \cs1\
Name: \cn1\
Title: \ct1\
Date Signed: \cd1\
\L20\
Date/Time: 07/03/2024 08:49:47 AM
Order Agreement
This Order Agreement is written in "Plain English". The words you and your refer to the Customer, the words we, us and our refer to Konica Minolta Business Solutions U.S.A., Inc., including its subsidiaries and agents.
Customer Information
Town Of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA 92307-3061
Product: Device & Software
Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Delivery Contact: Chris Johnson , (760) 961-6262
Product Description Quantity Product Configuration Item Number Ysoft Km Mfx Reader 1dev(4000+) 12 YSQBK0030741E
Dispatcher Stratus 10-49 Dev 3 Yr
Term
12 AEYAA07
5,000 Kmbs Professional Project Services 7640019485
25 Paragon Cloud 2 (5-49) 36mo Fixed Term KMDLC0001003B 2 Paragon Cloud 2 Tech Consult Daily Fee KMDSC001000
15 Km Pro Services Office Solutions Tier 2 DIRPROJOSOLT2 26 Paragon Cld 2 Dev Initial Tech Proc Fee KMDSCI001000 14 Km Pro Services Office Solutions Tier 2 DIRPROJOSOLT2 Bizhub C651i C651I
1 C651i Color Copier/printer W/ Df-713 ADXE011
1 Tn626k Black Toner Yield: 28k ACV1130
1 Tn626y Yellow Toner Yield: 28k ACV1230
1 Tn626m Magenta Toner Yield: 28k ACV1330
1 Tn626c Cyan Toner Yield: 28k ACV1430
1 Mfp Delivery Charge - Level Two 7670525507
1 Basic Network Service - Bns04 7640018094
1 Kmpf Lease Return 1st Unit 7640020486
1 Pc-416 Cabinet AAV5019
1 Lu-302 Large Capacity Unit A87VW12
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Date/Time: 07/03/2024 08:49:47 AM
Product Description Quantity Product Configuration Item Number Bizhub C651i C651I
1 C651i Color Copier/printer W/ Df-713 ADXE011
1 Tn626k Black Toner Yield: 28k ACV1130
1 Tn626y Yellow Toner Yield: 28k ACV1230
1 Tn626m Magenta Toner Yield: 28k ACV1330
1 Tn626c Cyan Toner Yield: 28k ACV1430
1 Mfp Delivery Charge - Level Two 7670525507
1 Basic Network Service - Bns04 7640018094
1 Kmpf Lease Return Addl Units 7640020488
1 Pc-416 Cabinet AAV5019
1 Lu-302 Large Capacity Unit A87VW12
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Bizhub C551i C551I
1 C551i Color Copier/printer W/ Df-713 ADXF011
1 Tn626k Black Toner Yield: 28k ACV1130
1 Tn626y Yellow Toner Yield: 28k ACV1230
1 Tn626m Magenta Toner Yield: 28k ACV1330
1 Tn626c Cyan Toner Yield: 28k ACV1430
1 Mfp Delivery Charge - Level Two 7670525507
1 Kmpf Lease Return Addl Units 7640020488
1 Basic Network Service - Bns04 7640018094
1 Pc-416 Cabinet AAV5019
1 Lu-302 Large Capacity Unit A87VW12
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Bizhub C551i C551I
1 C551i Color Copier/printer W/ Df-713 ADXF011
1 Tn626k Black Toner Yield: 28k ACV1130
Date/Time: 07/03/2024 08:49:47 AM
Product Description Quantity Product Configuration Item Number 1 Tn626y Yellow Toner Yield: 28k ACV1230
1 Tn626m Magenta Toner Yield: 28k ACV1330
1 Tn626c Cyan Toner Yield: 28k ACV1430
1 Mfp Delivery Charge - Level Two 7670525507
1 Kmpf Lease Return Addl Units 7640020488
1 Basic Network Service - Bns04 7640018094
1 Pc-416 Cabinet AAV5019
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Bizhub C451i C451I
1 C451i Copier/printer With Df-713 ADXG011
1 Tn626k Black Toner Yield: 28k ACV1130
1 Tn626y Yellow Toner Yield: 28k ACV1230
1 Tn626m Magenta Toner Yield: 28k ACV1330
1 Tn626c Cyan Toner Yield: 28k ACV1430
1 Mfp Delivery Charge - Level Two 7670525507
1 Basic Network Service - Bns04 7640018094
1 Kmpf Lease Return Addl Units 7640020488
1 Pc-416 Cabinet AAV5019
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Bizhub C301i C301I
1 C301i Color Copier/printer With Df-714 ADXK013
1 Tn-328y Yellow Toner AAV8230
1 Tn-328m Magenta Toner AAV8330
1 Tn-328c Cyan Toner AAV8430
1 Tn-328k Black Toner AAV8130
1 Mfp Delivery Charge - Level One 7670525506
1 Basic Network Service - Bns04 7640018094
Date/Time: 07/03/2024 08:49:47 AM
Product Description Quantity Product Configuration Item Number 1 Kmpf Lease Return Addl Units 7640020488
1 Pc-416 Cabinet AAV5019
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Bizhub C301i C301I
1 C301i Color Copier/printer With Df-714 ADXK013
1 Tn-328y Yellow Toner AAV8230
1 Tn-328m Magenta Toner AAV8330
1 Tn-328c Cyan Toner AAV8430
1 Tn-328k Black Toner AAV8130
1 Mfp Delivery Charge - Level One 7670525506
1 Basic Network Service - Bns04 7640018094
1 Kmpf Lease Return Addl Units 7640020488
1 Pc-416 Cabinet AAV5019
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Bizhub C301i C301I
1 C301i Color Copier/printer With Df-714 ADXK013
1 Tn-328y Yellow Toner AAV8230
1 Tn-328m Magenta Toner AAV8330
1 Tn-328c Cyan Toner AAV8430
1 Tn-328k Black Toner AAV8130
1 Mfp Delivery Charge - Level One 7670525506
1 Basic Network Service - Bns04 7640018094
1 Kmpf Lease Return Addl Units 7640020488
1 Pc-416 Cabinet AAV5019
1 Fs-539 AAR4WY3
1 Relay Unit Ru-513 A87JWY5
1 Pk-524 2/3 Punch Unit For Fs-539 AC28W11
Date/Time: 07/03/2024 08:49:47 AM
Product Description Quantity Product Configuration Item Number 1 Fk-514 Fax Kit 1st & 2nd Line A883012
1 Lk-116 - License A0PDAA1
1 Working Table Wt-506 A0W4WY4
1 Recycled Power Filter 120v/15a 120V15A
1 Bizhub Secure 7640015657
Maintenance Services
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C651i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C651i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C551i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C551i 1 One Rate Unlimited TM
Date/Time: 07/03/2024 08:49:47 AM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C451i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C301i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C301i 1 One Rate Unlimited TM
TM Maintenance Plan: One Rate Term: 60 Months
Entitlements: Toner, Digital Connected Support , Staples, No In Term Annual Escalation, Parts/Labor Installation Location - 1: Town Of Apple Valley, 14955 Dale Evans Pkwy, Apple Valley, CA 92307-3061 Qty
Bill
Device Plan Type
Pages
Included
Values shown per device
Bizhub C301i 1 One Rate Unlimited TM
Product: Removal & Disposition
We will remove the device(s) listed below, along with any unopened consumable items (when supplied by us), returning the device(s) and consumable items to our warehouse facility for subsequent disposition. Any device(s) requiring return to a Funding Source's designated return center will temporarily be held until Return Authorization (Shipping Instructions) have been received and will then be shipped to the address provided by the Funding Source. Any device(s) not requiring return to a Funding Source will be deemed our property upon pick up and will be disposed at our discretion. A device may not be held longer than 90 days without our prior written consent due to limited availability of long term storage space. Often the Funding Source will send Return Authorization(s) directly to you. If this happens, we ask that you immediately email any Return Authorization received to [email protected] to facilitate timely shipping. In the event any device(s) reaches the 90 day storage limit, Return Authorization has not been received, and there is no long term storage consent, we reserve the right to contact you to arrange the return of the device(s) to your facility at your expense.
Date/Time: 07/03/2024 08:49:47 AM
Any device(s) requiring subsequent return to a Funding Source will be invoiced to you at our prevailing shipping rates, unless return fees are included in this Order Agreement.
Removal Location - 1: Dsb - Building/engineering , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A79K011 Bizhub C558 A79K011023364 Upgrade to Return First-citizens Bank & Trust Compa 105238 Removal Location - 2: Dsb - Planning , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A9K6011 Bizhub C659 A9K6011006244 Upgrade to Return First-citizens Bank & Trust Compa 105238 Removal Location - 3: Dsb - Work Center , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A79M011 Bizhub C458 A79M011046381 Upgrade to Return First-citizens Bank & Trust Compa 105238 Removal Location - 4: Pw-pw Yard , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number AA2K011 Bizhub C300i Color A3 Mf AA2K011001429 Upgrade to Return First-citizens Bank & Trust Compa 105238 Removal Location - 5: Th-finance , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A79K011 Bizhub C558 A79K011023349 Upgrade to Return First-citizens Bank & Trust Compa 105238 Removal Location - 6: Th-recreation , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number A9K6011 Bizhub C659 A9K6011006234 Upgrade to Return First-citizens Bank & Trust Compa 105238 Removal Location - 7: Th-town Clerk , 14955 DALE EVANS PKWY APPLE VALLEY CA 92307-3061 US Contact: Brandon Cales ,
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number AA2K011 Bizhub C300i Color A3 Mf AA2K011001379 Upgrade to Return First-citizens Bank & Trust Compa 105238 Removal Location - 8:TOWN OF APPLE VALLEY, 14955 DALE EVANS PKWY, APPLE VALLEY, CA, 92307-3061 Contact: Brandon Cales , (760) 961-6260
Manufacturer or KM
Material Device Serial Number Device Disposition Funding Source Account Number
Date/Time: 07/03/2024 08:49:47 AM
AA2K011 Bizhub C300i*hold Errol AA2K011003535 Upgrade to Return First-citizens Bank & Trust Compa 105238 Existing Financial Considerations
Buyout/Upgrade - Direct Settlement
Only the buyout/upgrade account(s) identified below are subject to direct settlement by us as part of this Order Agreement. You must continue to make payment(s) on existing financial obligations until you have accepted installation of the new product or have been advised from your respective Funding Source that payment is no longer required. We will not be liable to you or any third party for your failure to continue to make such payment(s) to your Funding Source.
Funding Source Account Number Device Disposition
Konica Minolta Premier Finance 061-0161284-000 Upgrade to Return
Date/Time: 07/03/2024 08:49:47 AM
Customer Options & Verification
To ensure an excellent customer experience, please take a moment to verify the invoice mailing and accounts payable address/contact information we have on file.
If changes are required to your Invoice Mailing or Accounts Payable addresses (including contact information), please contact your Sales Representative for assistance.
Accounts Payable Contact:
Chris Johnson
Phone: (760) 961-6262
EMail: [email protected]
Accounts Payable Address:
Town Of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA, 92307-3061
Invoice Mailing Address:
Town Of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA, 92307-3061
MyKMBS.com Customer Portal
MyKMBS is a complete and comprehensive service management tool allowing our clients to manage their Konica Minolta accounts - right from their desktop or smartphone. MyKMBS offers 24/7 access to Konica Minolta support and product resources - all in one place.
Please provide a primary contact for MyKMBS.com registration:
Name: \cmkn1\
Email: \cmke1\
Account ID: 897016
Date/Time: 07/03/2024 08:49:47 AM
Order Summary & Acceptance
Transaction Type: Lease
Your signature below constitutes your acceptance of this Order Agreement (ID:80123436 with date/time stamp: 07/03/2024 08:49:47 AM) as governed by the terms and conditions of the Master Agreement between Us and SAN BERNARDINO COUNTY, dated 07/02/2021. If any terms and conditions contained in this Order Agreement conflict with any terms and conditions contained in the Master Agreement, the order of precedence is: (a) the transaction terms (i.e., products to be purchased, quantity ordered, delivery date, unit price, billing address, and delivery location) of the relevant Order Agreement; (b) the Master Agreement; and (c) the remaining non-conflicting terms of the relevant Order Agreement. Any additional, contrary or different terms contained in any confirmation, invoices or other communications, and any other attempt to modify, supersede, supplement or otherwise alter this Order Agreement or the Master Agreement, are deemed rejected by the parties and will not modify this Order Agreement or the Master Agreement or be binding on the parties unless such terms have been fully approved in a signed writing by an officer of Konica Minolta and your authorized representative.
Please see and sign the separate Lease/Financing Agreement for terms and conditions governing the financing associated with this Order Agreement.
This Order Agreement is not binding upon us until signed by a Konica Minolta manager, director, vice president or executive officer.
Date Signed: \kd1\
\kt1\ Title:
Name: \kn1\
\ks1\ Signature:
Konica Minolta Business Solutions U.S.A., Inc.
Date Signed:
Title: \ct1\
\cd1\
Name: \cn1\
\cs1\ Signature:
Customer
Town Of Apple Valley
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE BUDGET INCREASE FOR A RESIDENTIAL
REHABILITATION LOAN PROGRAM CONTRACT.
From: Douglas Robertson, Town Manager
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve a budget increase for the Residential Rehabilitation Loan Program Contract no.
H24-04 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. H24-04 applied for the Residential Rehabiliation Loan Program (RRLP) on November 7, 2023, and was administratively approved on January 17, 2024.
In accordance with program regulations, a procurement process is required, and a job walk was conducted on April 24, 2024, with two (2) qualified contractors present.
On March 7, 2024, staff received two (2) complete bids. The bid results were as follows:
Contractor Base Bid Price
1. Sicilianos Construction $53,505.00
2. Diamond Construction $46,400.00
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. However the insepctor noticed visible traces of mold. A mold testing was requeted that resulted in positive traces found in the residence.
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 Diamond Construction to be the lowest, qualified, responsible, and responsive bidder.
Under the HOME program, all health and safety items must be addressed. The original contract amount was in the amount of $46,400.00, with a contingency of $3,600.00.
During construction, the contractor identified several unforeseen items that needed additional work or a change to the initial scope of work. To date, the total amount of change orders is $14,950.00. A delay in the mold laboratory results was identified as an anticipated change order prior to contract signing. A complete list of the change order requests are attached to this report.
Once approved, the contract amount will increase to $61,350.00 with a new contingency amount not to exeed $75,000.00. The Residential Rehabilitation Loan Program provides loans up to $75,000 per household which allows the Town to approve any health and safety items not identifiable during the initial job walk to be approved through a change order request. 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
2. Change Orders 1-3
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: AWARD YUCCA LOMA ELEMENTARY SAFE ROUTES TO SCHOOL
PROJECT
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. That the Town Council review and approve the bid documents for the Yucca Loma Elementary Safe Routes to School project;
B. Award a contract to LCR Earthwork & Engineering, Corp., in the amount of $2,523,370.00, for the Yucca Loma Elementary Safe Routes to School Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
C. Approve Budget Amendment dated July 10, 2024.
BACKGROUND
The Town of Apple Valley was awarded an Active Transportation Program grant from the California Department of Transportation (CalTrans) For the Yucca Loma Elementary Safe Routes to School project which is a continuation of a previous project that added curb, gutter, and sidewalk to the frontage of the school. This next phase adds accessible pathways from residential areas where students and their families live by closing a sidewalk gap and along Powhatan Road west of Navajo Road, and at the school’s southerly driveway approach on Rancherias Road. See attached exhibit.
The project was identified as a priority in the Safe Routes to School Master Plan and will construct new sidewalk and ADA imporvements along Powhatan Road and Rancherias Road. The project will provide an unobstructed pedestrian path of travel to James Woody Community Center and Park which will be the closest park upon the closure of Yucca Loma Park.
In March of 2022, Michael Baker International was awarded a Professional Services Agreement to prepare the Plans, Specifications, and Engineer’s Estimate (PS&E) for the project. The plans were completed In January, and staff received allocation from the California Transportation Commission (CTC) in June. The project was, subsequently, advertised on the Town’s online portal.On July 9, 2024, the Town received and opened bids for the subject project. The bid results are as follows:
Contractor Base Bid Price
1. LCR Earthwork & Engineering, Corp $2,523,370.00
2. Onyx Paving Company, Inc. $2,997,000.00
ANALYSIS
The bid documents were reviewed by staff for accuracy and completeness. Staff considers LCR Earthwork & Engineering, Corp. to be a qualified, responsible and responsive bidder. The project is tentatively scheduled to begin on August 12, 2024, and construction will be completed within 50 working days.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2024-2025 budget using a combination of grant funds ($647,000), Drainage Impact Fees ($250,000), Local Transportation Funds ($500,000), and Measure I ($550,000) for a total budget of $1,947,000. The Budget Amendment will transfer an additional $141,000 from Drainage Impact Fees, $200,000 from Local Transportation Funds, and $400,000 from Measure I which will cover the additional construction costs as well as staff time and materials testing. Upon approval, the total budgeted amount for the project will be $2,668,000.00.
ATTACHMENTS
A. Project Location
B. Budget Amendment
Project Location
TOWN OF APPLE VALLEY
BUDGET AMENDMENT/TRANSFER REQUEST
PURPOSE
FROM ACCOUNT (DECREASE)
Org Object Amount Available After
47604023 750100 $141,000.00
20155000 750100 $200,000.00
20215210 750100 $400,000.00
TOTAL $741,000.00
TO ACCOUNT (INCREASE)
Org Object Amount Available After
TOTAL -
Transfer Reference Chec (741,000)
Note: Budget Transfers must have a net total of "$0.00" Date Date
7/10/2024
Date Entered by Date
Yucca Loma Elementary Safe Routes to School
Local Transportation Fund
Measure I
Account Description
Drainage Impact Fees
Requesting Department Prepared By Date Prepared
Engineering Rich Berger July 10, 2024
Account Description
Town Manager
Department Director Finance Mgr. / Dir.of Finance
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: RELEASE OF SECURITIES FOR PARCEL MAP 20017
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council find that the construction of various improvements required for Parcel Map 20017 are complete and approve the 50% reduction of the performance securities and release of the labor and materials security.
BACKGROUND
Staff has inspected and approved the construction of Parcel Map 20017 improvements and recommends that the Town accept the improvements as complete and reduce the performance security and release of the labor and materials security to 50%. The remaining 50% of the performance security will be retained by the Town for one year as a warranty/maintenance bond.
Bond amounts for improvements are as follows:
(50% Reduction)
Improvement Performance Bond Warranty/Maintenance Bond
Sewers $524,619 $262,310
ANALYSIS
When the Town Council accepted the final map for Parcel Map 20017 construction agreements and securities in the amounts listed above were required. The developer, Abdallah Hourany, has now requested the release of securities since they have fulfilled the terms of the agreements to construct various improvements.
FISCAL IMPACT
No foreseable fiscal impact.
ATTACHMENTS
A. Location Map
LOCATION MAP
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT #1-PUBLIC
HEARING, CONFIRMING ASSESSMENT AND LEVYING
ASSESSMENT FOR FY 2024-2025
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
It is recommended that the Town Council:
A. Conduct the public hearing
B. Adopt Resolution No. 2024-20, “A Resolution of the Town Council of the Town of Apple Valley confirming diagram and assessment and levying assessment for fiscal year 2024-2025”
BACKGROUND
On June 11, 2024, the Town Council approved Resolution No. 2024-06, directing the filing of the Annual Report for the Apple Valley Landscaping and Lighting District, approved the Engineer’s Report and approved Resolution No. 2024-07, to declare the Town’s intention to order improvements and to levy and collect assessments for Fiscal Year 2024-2025.
The resolution also gave notice of the time and place for the public hearing to discuss the proposed assessment.
ANALYSIS
The annual assessments for each annexed territory of the Assessment District are indicated in Part B of the Engineer’s Report. For next fiscal year, there are three recommended increases in annual assessments for L-10, L-11 and L-12. The Public Works Department recently put the Landscape Maintenance contract out to bid and the new contractor’s cost for L-10, L-11, and L-12 has increased. Additionally, there were substantial repair costs at L-10 and L-11. It is recommended that the levy for L-10, which was $365.00 per lot last year, be increase to $380.00 per lot per year and for L-11 from
$292.04 per lot per year to $304.00 per lot per year, and for L-12 from $159.46 per lot per year to $165.00 per lot per year.
The recommended procedures to increase or decrease the annual levy comply with all requirements of Proposition 218.
SUMMARY:
As indicated within the attached engineer’s report, the proposed net amounts to be assessed for each location within the assessment district are as follows:
Current year’s Proposed
Location Tract No. No. of lots assessment (FY 24/25)
• L-1 Tract 13618 137 $40.88 $40.88
• L-2 Tract 13426 26 $94.75 $94.75
• L-3 Tract 14090 182 $141.54 $141.54
• L-4 Tract 13709 18 $139.00 $139.00
• L-5 Tract 15288 65 $89.23 $89.23
• L-7 Tract 8476 236 $20.00 $20.00
• L-8 Tract 14846 143 $198.06 $198.06
• L-9 Tract 9696 58 $78.00 $78.00
• L-10 Tract 16492 258 $365.00 $380.00
• L-11 Tract 16395 58 $292.04 $304.00
• L-12 Tract 16059 173 $159.46 $165.00
• L-13 Tract 14994 18 $224.18 $240.00
• L-15 Tract 16779 84 $124.00 $110.00
• L-17 Tract 15286 61 $84.00 $50.00
• L-19 Tract 16134 35 $96.00 $56.00
• L-20 Tract 17093 134 (55 developed) $200.00 $150.00
• L-23 PM 17684 31 $Varies $Varies
• L-26 Tract 17278 15 $369.62 $400.00
• L-28 PM 15151 1 $746.67 $746.67
FISCAL IMPACT:
The attached report summarizes the revenues and expenditures of the Assessment District, the estimate of cost and the proposed cost per lot per tract. The costs are borne by the property owners within each identified tract. There is no direct budgetary impact to the Town.
ATTACHMENTS
A. Engineer’s Report
B. Resolution No. 2024-20
1-1
ENGINEER'S REPORT
TOWN OF APPLE VALLEY
ASSESSMENT DISTRICT NO. 1
The undersigned respectfully submits the enclosed report as directed by Town Council.
Richard Pedersen, P.E.
Engineer of Work
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the _____ day of __________________, 2024.
LaVonda Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved, and confirmed by the Town Council of the Town of Apple Valley, California, on the _____ day of __________________, 2024.
LaVonda Pearson,
Town Clerk, Town of Apple Valley,
San Bernardino County,
State of California
By____________________________
PART A
PLANS AND SPECIFICATIONS
L-1
TRACT NUMBER: 13618
LOCATION: East side Central Road at Cuyama Road
DESCRIPTION: Plans and specifications for the improvements are those prepared by EDAW Inc., Landscape Architects, by William Schultz, dated July 2, 1991. These plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated in this report by reference. In summary, the improvements consist of landscaping generally of pine trees, small junipers, other decorative bushes, decorative rock, and a perimeter wall.
Perimeter parkway landscaping is bounded by the face of curb and the face of the perimeter wall (20.00) Feet along the along the easterly side of Central Road in Tract 13618. In addition, a small portion (12.00) paralleling Cuyama Road at the intersection of Central Road. The area is basically within the parkway area along Central Road 20’ in width and along a small portion of Cuyama Road 12’ in width.
L-2
TRACT NUMBER: 13426
LOCATION: West side Central Road
DESCRIPTION: Perimeter parkway landscaping bounded by the face of curb and the face of the perimeter wall (11.00) Feet along the along the westerly side of Central Road in Tract 13426 from Cholena Road to Thunderbird Road.
Area of improved landscaping consists of small trees planted at 40- feet on center with some small decorative bushes intermittency planted between the trees. The planted area is covered with 3-inches in depth with 3/4- inch granite gravel over an area of approximately 11-feet in width and 1,208 feet in length for an area coverage of 13,290 square feet.
L-3
TRACT NUMBER: 14090
LOCATION: North side of Sitting Bull Road from west of Lompoc Road to east of Tawya Road; Ottawa Road from west of Paraiso Road to west of Choco Road.
DESCRIPTION: General Plans and specifications for the improvements are those prepared by NDNA-Don Napolitano and Associates-Landscape Architects, dated September 11, 1991. Specific Plans and specifications for the proposed phasing of improvements are those prepared by Burch Meress Associates, dated September 20, 1993.
Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
In summary, the improvements consist of approximately 40 acres of open space landscaping. The open space landscaping is to be maintained on an as needed basis under “extra work”.
A concrete V-channel connecting Paraiso Road to the drainage channel,
An equestrian trail located on the east side of the drainage channel from Ottawa Road south to the end of Mugu Ct,
Parkway landscaping bounded by the face of curb and the face of the perimeter wall along the along the northerly side of Sitting Bull Road within the tract boundaries from 200’ east of Lompoc Road to 200’ west of Choco Road, parkway landscaping along the south side and the north side of Ottawa Road from 200’ feet west of Paraiso Road to 200’ east of Choco Road, parkway landscaping is also located along the south side and the north side of Paraiso Road west
of Capella Road adjacent to the drainage channel within the tract boundaries.
L-4
TRACT NUMBER: 13709
LOCATION: Along the north side of Geronimo Road at Bannock Ct. and Sarsi Ct. within the tract boundaries
DESCRIPTION: Plans and specifications for the improvements are those prepared by Shelly Harper, dated October 5, 1993. The landscaping consists generally of pine trees, small junipers and other decorative bushes.
The area is basically left earthen for drainage retention and percolation over three areas totaling 30’ in width by approximately 602’ in length for an area of 16,020 square feet along the north frontage of Geronimo Road.
L-5
TRACT NUMBER: 15288
LOCATION: South side of Sitting Bull Road east of Rincon Road within the tract called Quail Run Estates.
DESCRIPTION: Plans and specifications for the improvements are those prepared by Jennings Landscaping. The parkway landscaping consists generally of pine trees, small junipers and other decorative bushes. The area is covered in cobble stone and brown decorative rock over three areas varying in width by approximately 1000’ in length for an aerial coverage of 15,300 square feet along the south frontage of Sitting Bull Road. In addition to the parkway landscaping along Sitting Bull Road, a small median is located at the entrance to the tract at Quail Summit Road and a long retention basin on the westerly boundary of the tract are also included in the maintenance program.
L-7
TRACT NUMBER: 8476
LOCATION: South of Yucca Loma Road and east of Cochise Road
DESCRIPTION: Improvements consist of maintaining 43 existing streetlights located with a portion of Tract 8476, generally located south of Yucca Loma Road and east of Cochise Road.
L-8
TRACT NUMBER: 14846
LOCATION: South side Sitting Bull Road at Skyline Ranch Drive DESCRIPTION: In summary, the district consists of maintaining perimeter landscaping and wall within the parkway along Sitting Bull Road, Deep Creek Road, Geronimo Road and 1.7 acres of open space landscaping and fencing within Lot A. General Plans and specifications for the proposed improvements are those by Fennel Associates, dated July 14, 2000. Both plans and specifications have been filed separately with the Clerk of the Town of Apple Valley and are incorporated by reference.
L-9
TRACT NUMBER: 9096-1
LOCATION: South side Yucca Loma Road at Delaware Road
DESCRIPTION: In summary, the district consists of maintaining an existing landscaped area basically within the parkway along Yucca Loma Road. The parkway is approximately 30’ in width from the street curb to the perimeter wall adjacent to Tract 9096-1, from approximately 400’ west of Delaware Road to 700’ east of Delaware Road.
The area is basically left earthen but includes landscaping, generally of evergreen trees and juniper bushes on Yucca Loma at the entrance of the neighborhood at Delaware Road, and trees planted at 50-feet on center along Yucca Loma Road. The landscaped area currently has a drip irrigation system installed.
L-10
TRACT NUMBER: 16492
LOCATION: South side Yucca Loma Road at Tamani Road
DESCRIPTION: The landscaped area to be maintained by the District is the landscaped parkway on the south side of, and adjacent to, Yucca Loma Road, being also the rear yards of Tract No. 16492-1 and 2 lots 2-12, Lot A, the 60’ drainage easement, the landscape strip along Tamiani Road, the landscaped parkway along Ottawa Rd. and adjacent to Ottawa Rd., being also the rear yards of lots 65-74.
With the construction of Tract No. 16492-1 and 2, the parkway 60’ drainage easement and Lot A is hydro seeded with a desert wildflower mix and maintained twice a year to control overgrowth.
The landscape strip along Tamiani Road includes a strip with gravel mulch and no other planting, and between the sidewalk and rail fence is planted with Plane trees and Desert Willows alternating in groups with shrubs in between and gravel mulch throughout. The planters along Ottawa Rd. has gravel mulch with Chitalpa trees at 40 feet on center and shrubs on bubblers in between. There is dense planting at the main entry and at Yucca Loma Road. The landscape strip along Yucca Loma Road between the bike path and parkway includes Pine Trees and Desert Willows alternating in groups spaced at 10 feet to 30 feet with shrubs in between. The Parkway is landscaped with low growing shrubs. All planters is covered with ¼” gravel.
L-11
TRACT NUMBER: 16395-1, 2
LOCATION: South side Catalina Road, west of Apple Valley Road The landscaped areas to be maintained, in summary, is the landscaped parkway and adjacent to, Apple Valley Road, south of Catalina Road to the southern boundary of the tract; and the storm water detention basin, lot A. Maintained areas also include the slopes adjacent to lots 33 though 37 and lots 40 and 41 within said tract.
L-12
TRACT NUMBER: 16059
LOCATION: North of Sitting Bull Road, east of Apple Valley Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the north side of, and adjacent to, Sitting Bull Road; and on the east side, and adjacent to, Apple Valley Road. The parkway and slope area adjacent to Sitting Bull Road and Apple Valley Road and includes the maintenance of an irrigation systems installed as shown on the approved landscape plans.
L-13
TRACT NUMBER: 14994
LOCATION: South of Geronimo Road, at Bannock Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the south side of, and adjacent to, Geronimo Road; in Tract 14994 as shown on the approved landscape plans. The total landscaped area to be maintained on the south side of Geronimo Road is approximately 516 linear feet in length by an average width of 33 feet for a total of about 17,128 square feet of landscaping.
L-15
TRACT NUMBER: 18343
LOCATION: North of Esaws Road, west of Central Road
The landscaped area to be maintained by the District is the landscaped parkway and slope area on the west side of, and adjacent to, Central Road (25,200 sq.ft.); the Lot “A”, the detention basin (90,000 sq.ft.), storm drain system and landscaping along the side yards of Holsteiner Lane (13,700 sq.ft.) in Tract 18343 and as shown on the approved landscape plans.
L-17
TRACT NUMBER: 15286
LOCATION: North of Wintun Road, west of Chippewa Road
The landscaped area to be maintained by the district is the detention basin located in Tract No. 15286 as shown on the assessment diagram. With the construction of Tract No.15286 the Detention Basin will be landscaped and have irrigation systems installed as shown on the landscape plans (Exhibit A). After the acceptance of the landscaped area by the Town of Apple Valley, the funds generated by this annexation will allow the District to provide for the maintenance of the landscaped area.
L-19
TRACT NUMBER: 16134
LOCATION: North of Mana Road, west of Awia Road
The maintenance areas include a sixty (60) foot wide drainage easement to the Town of Apple Valley that is 1,760 lineal feet along the north boundary line of Tract 16134. The south twenty (20) feet contains a graded access road and just north is an eighteen (18) foot 3:1 slope containing 100-pound rip-rap protection. The remainder of the channel is an earthen bottom flowline. Behind the access road is a private six (6) foot backyard masonry wall that runs along lots 26, 27, and 29-35 of this tract. At the easterly end of the channel a 72’ reinforced concrete drainpipe has been installed under Mana Road and a driveway access to the channel access road has been installed on lot 35.
L-20
TRACT NUMBER: 17093
LOCATION: South of Bear Valley Road, east of Itoya Vista Road The maintenance areas include:
1. Landscaped slope of a variable width strip along and adjacent to the southerly right of way of Bear Valley Road between Itoya Vista Street and the easterly tract boundary of Tract 17093 with approximately 12,488 square feet. Approximately 1,270 lineal feet of eight foot (8) wide parkway bicycle trail. Two (2) foot and Six (6) foot wide strips of landscaped parkway areas both approximately 1,270 lineal feet long.
2. Landscaped slope of a variable width strip along and adjacent to the northerly right of way of Sandia Road between Itoya Vista Street and the easterly tract (Merino Avenue) with approximately 16,086 square feet. Approximately 1,170 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 1,170 lineal feet long.
3. Landscaped slope of a variable width strip along and adjacent to the easterly right of way of Itoya Vista Street between Bear Valley Road and Sandia Road with approximately 20,975 square feet.
Approximately 2,277 lineal feet of nine foot (9) wide decomposed granite parkway equestrian trail. A three (3) foot wide strip of landscaped parkway area approximately 2,277 lineal feet long.
L-23
PARCEL NUMBER: PM 17684
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-23 is established to provide landscaping and landscape maintenance within parkways and medians which primarily provide specific aesthetic benefit to the retail shopping centers that are generally located north of Highway 18, south of Thunderbird Road which front Highway 18, Dale Evans Parkway and Bass Hill Road.
L-26
TRACT NUMBER: TR 17278
LOCATION: West of Wabisi Road, South of Mana Road
Assessment District L-26 is established to provide landscaping and landscape maintenance adjacent to Tract 17278, which consists of 15, 1/2 acre lots located on the southwest corner of Mana Road and Wabisi Road. A six-foot masonry wall has been constructed on the property line of the perimeter roads and there is a 12-foot parkway with a four-foot sidewalk. Mana Road landscape surface is 410 lf x
7.5 feet and Wabisi Road is 942 lf x 8 feet for a total landscape surface of approximately 10,611 square feet.
L-28
PARCEL NUMBER: PM 15151, Parcel 3
LOCATION: North SR 18, west of Dale Evans Parkway
Assessment District L-28 is established to provide maintenance to a drywell installed in a retention basin on Assessor Parcel Number 3112-251-56, owned by Apple Valley Commons I, LLC. Drainage easements in favor of the Town of Apple Valley will allow the runoff from the America’s Tire Parcel to drain into the existing retention basin. The retention basin and the corresponding drainage easements are described in parcel map 16984 on record in the County of San Bernardino.
The drywell and existing retention basin provide offsite drainage benefits for the development of the America’s Tire on the southwest corner of Thunderbird Road and Outer Highway 18 North, Parcel 3 of Parcel Map No. 15151.
PART B
ESTIMATE OF COST FY 2024-2025
• L-1 • L-2 • L-3 • L-4 • L-5 • L-7
ITEM DESCRIPTION Tract 13618
Tract
13426 Tract 14090 Tract 13709 Tract 15288 Tract 8476
ITEM DESCRIPTION Tract 13618
Tract
13426 Tract 14090 Tract 13709 Tract 15288 Tract 8476
1. Maintenance $7,430 $1,970 $20,330 $4,110 $6,078 $0
2. Water consumption $2,665 $686 $8,568 $1,950 $1,595 $0
3. Electrical Service $154 $0 $447 $0 $675 $6,867
Total cost for FY 2023/2024 $10,250 $2,656 $29,345 $6,060 $8,347 $6,867 Assessed budget for FY2023/2024 $5,600 $2,463 $25,477 $2,502 $5,800 $4,760 Surplus or Deficit ($4,650) ($193) ($3,868) ($3,558) ($2,547) ($2,107) Last Year's Reserve Fund ($33,476) ($2,330) $43,946 ($8,118) $6,177 ($21,330) Current Reserve Fund ($38,126) ($2,523) $40,078 ($11,676) $3,630 ($23,437) Estimate for FY 2024-2025 $5,600 $2,463 $25,760 $2,502 $5,800 $4,760 Number of lots: 137 26 182 18 65 236
Proposed Cost per lot per year
(FY2024/2025) $41 $95 $142 $139 $89 $20
• L-8 • L-9 • L-10 • L-11 • L-12 • L-13
ITEM DESCRIPTION Tract 14846 Tract 9696 Tract 16492 Tract 16395 Tract 16059 Tract 14994
1. Maintenance $25,519 $4,670 $91,608 $15,755 $9,879 $3,276
2. Water consumption $5,272 $429 $10,517 $5,501 $4,754 $1,637
3. Electrical Service $429 $0 $250 $64 $13 $0
Total cost for FY 2023/2024 $31,220 $5,099 $102,376 $21,320 $14,647 $4,913 Assessed budget for FY2023/2024 $28,323 $4,524 $94,170 $16,939 $7,335 $4,320 Surplus or Deficit ($2,897) ($575) ($8,206) ($4,382) ($7,312) ($593) Last Year's Reserve Fund $95,163 ($1,001) ($38,321) $67,209 $101,247 $5,066 Current Reserve Fund $92,266 ($1,576) ($46,527) $62,827 $93,935 $4,473 Estimate for FY 2024-2025 $28,323 $4,524 $98,040 $17,632 $7,590 $4,320 Number of lots: 143 58 258 58 46 18
Proposed Cost per lot per year
(FY2024/2025) $198 $78 $380 $304 $165 $240
Last year's assessment per lot per
year $198 $78 $365 $292 $159 $240
PART B (Continued)
ESTIMATE OF COST FY 2024-2025
• L-15 • L-17 • L-19 • L-20 • L-23 • L-26
ITEM DESCRIPTION
Tract
18343 Tract 15286 Tract 16134 Tract 17093 PM 17684 TM 17278
1. Maintenance $4,213 $0 $3,267 $16,516 $24,680 $3,816
2. Water consumption $3,062 $0 $0 $4,973 $25,947 $0
3. Electrical Service $66 $0 $0 $0 $68 $0
Total cost for FY 2023/2024 $7,342 $0 $3,267 $21,489 $50,696 $3,816 Assessed budget for FY2023/2024 $9,240 $3,050 $1,960 $8,250 $29,565 $5,544 Surplus or Deficit $1,898 $3,050 ($1,307) ($13,239) ($21,131) $1,728 Last Year's Reserve Fund $95,398 $142,197 $96,541 $168,142 $411,086 $20,374 Current Reserve Fund $97,296 $145,247 $95,234 $154,903 $389,955 $22,102 Estimate for FY 2024-2025 $9,240 $3,050 $1,960 $8,250 $29,565 $5,550 Number of lots: 84 61 35 55 31 15
Proposed Cost per lot per year
(FY2024/2025) $110 $50 $56 $150 varies $370
Last year's assessment per lot per
year $110 $50 $56 $150 varies $370
• L-28
ITEM DESCRIPTION PM 15151
1. Maintenance $0
2. Water consumption $0
3. Electrical Service $0
Total cost for FY 2023/2024 $0
Assessed budget for FY2023/2024 $747
Surplus or Deficit $747
Last Year's Reserve Fund $2,604
Current Reserve Fund $3,351
Estimate for FY 2024-2025 $747
Number of lots: 1
Proposed Cost per lot per year
(FY2024/2025) $747
Last year's assessment per lot per
year $747
PART C
ASSESSMENT DIAGRAM
See Attachments Entitled Assessment Diagrams For:
Annexation No. Tract No.
L-1 Tract 13618
L-2 Tract 13426
L-3 Tract 14090
L-4 Tract 13709
L-5 Tract 15288
L-7 Tract 8476
L-8 Tract 14846
L-9 Tract 9696
L-10 Tract 16492
L-11 Tract 16395
L-12 Tract 16059
L-13 Tract 14994
L-15 Tract 18343
L-17 Tract 15286
L-19 Tract 16134
L-20 Tract 17093
L-23 PM 17684, L.L.A. 2007-002
L-26 Tract 17278
L-28 PM 15151, Parcel 3
PART D
ASSESSMENT ROLL
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-1 Tract 13618 437-471-(parcels 6-51) $40.88
437-471-(parcels 11-46) $40.88
437-651-(parcels 1-55) $40.88
L-2 Tract 13426 426-661-(parcels 7-32) $94.75
L-3 Tract 14090 3087-031-(parcels 1-77) $141.54
3087-071-(parcels 1-18) $141.54
3087-072-(parcels 1-6,9-20) $141.54
3087-771-(parcels 1-24) $141.54
3087-701-(parcels 1-20) $141.54
3087-721-(parcels 1-27) $141.54
L-4 Tract 13709 444-821-(parcels 1-18) $139.00
L-5 Tract 15288 3087-181-(parcels 5-69) $89.23
L-7 Tract 8476 3088-421-(parcels 1-34) $20.00
3088-431-(parcels 7-28) $20.00
3088-441-(parcels1-36) $20.00
3088-451-(parcels 4-27) $20.00
3088-461-(parcels 1-40) $20.00
3088-471-(parcels 4-26) $20.00
3088-481-(parcels 1-26,28-34) $20.00
3088-491-(parcels 7-13) $20.00
3088-501-(parcels 1-23) $20.00
L-8 14846 3807-181- (Parcels 2-34) $198.06
3807-191- (Parcels 8-48, 50-59) $198.06
3807-192- (Parcels 1-40) $198.06
3807-193- (Parcels 1-19) $198.06
L-9 9696 444-681-(Parcels 3-15) $78.00
444-691-(Parcels 1-13) $78.00
444-701-(Parcels 1-31) $78.00
L-10 16492 3087-271-(Parcels 5-73) $365.00
3087-272-(Parcels 1-60) $365.00
3087-292-(Parcels 1-63) $365.00
3087-771-(Parcels 1-34) $365.00
3087-781-(Parcels 1-32) $365.00
Reference
Number Tract No. Assessor’s Parcel Numbers Assessment per lot per year L-11 16395 3087-731-(Parcels 1-14) $292.04
3087-741-(Parcels 1-9, 11-32, 34) $292.04
3087-021-(Parcels 9) $292.04
L-12 16059 444-782-(Parcels 1-34) $159.46
444-931-(Parcels 1-24) $159.46
L-13 14994 3087-761-(Parcels 1-18) $240.00
L-15 18343 3112-706-(Parcels 15-26)
3112-702-(Parcels 2-73) $110.00
L-17 15286 473-641-(Parcels 2-20) $50.00
473-651-(Parcels 1-42) $50.00
L-19 16134 433-661-(Parcels 1-35) $56.00
L-20 17093 434-051-90,91 $150.00
434-941-(Parcels 1-30) $150.00
434-951-(Parcels 1-23) $150.00
L-23 PM 17684,
LLA07-02 31 Assessor Numbers (see Exhibit “D”) Per Exhibit “D” L-26 17278 473-661-(Parcels 1-15) $400.00
L-28 PM 15151 441-301-03 $746.67
Exhibit D
Assessment Roll
Annexation L-23 to L.M.D. No. 1
Town of Apple Valley Parcel Map 17684, and L.L.A. 2007-002 Assessment Roll
Area In Maximum Annual
Square Assessment Levy
Parcel A.P.N. Site Address Property Owner Feet Amount Amount L.L.A. 2007-
002
Parcel "A" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-60 Vacant Land COMMONS I LLC 219,143 $6,375.52 $1,751.42 Parcel "B" of
L.L.A.
APPLE VALLEY
2007-002 3112-251-61 Vacant Land COMMONS II LLC 306,647 $8,921.27 $2,450.76 Parcel "C" of
L.L.A.
2007-002 3112-251-62 15000 Dale Evans
Pkwy LOWES HIW INC 546,570 $15,901.35 $4,368.25
Parcel "D" of
L.L.A. 2007-
002 3112-251-63 Vacant Land
APPLE VALLEY
COMMONS II LLC
690,358 $20,084.57 $5,517.42
Parcel Map 17684,
P.M.B. 216/33-43
APPLE VALLEY
Parcel 1 3112-251-28 14900 Bass Hill Rd. COMMONS I LLC 68,221 $1,978.41 $540.31
APPLE VALLEY
Parcel 5 3112-251-32 20254 Highway 18 COMMONS I LLC 35,229 $1,021.64 $279.01
APPLE VALLEY
Parcel 6 3112-251-33 20280 Highway 18 COMMONS I LLC 52,115 $1,511.34 $412.75
APPLE VALLEY
Parcel 7 3112-251-34 20290 Highway 18 COMMONS I LLC 28,629 $830.24 $226.74
APPLE VALLEY
Parcel 8 3112-251-35 20302 Highway 18 COMMONS I LLC 29,706 $861.47 $235.27
APPLE VALLEY
Parcel 9 3112-251-36 20306 Highway 18 COMMONS I LLC 27,670 $802.43 $219.15
APPLE VALLEY
Parcel 10 3112-251-37 20296 Highway 18 COMMONS I LLC 50,745 $1,471.61 $401.90
APPLE VALLEY
Parcel 11 3112-251-38 20284 Highway 18 COMMONS I LLC 31,889 $924.78 $252.56
APPLE VALLEY
Parcel 12 3112-251-39 20258 Highway 18 COMMONS I LLC 50,042 $1,451.22 $396.33
APPLE VALLEY
Parcel 13 3112-251-40 20262 Highway 18 COMMONS I LLC 35,902 $1,041.16 $284.34
APPLE VALLEY
Parcel 14 3112-251-41 20266 Highway 18 COMMONS I LLC 25,232 $731.73 $199.84
APPLE VALLEY
Parcel 15 3112-251-42 20310 Highway 18 COMMONS I LLC 50,610 $1,467.69 $400.83
APPLE VALLEY
Parcel 16 3112-251-43 20418 Highway 18 COMMONS I LLC 34,511 $1,000.82 $273.33
APPLE VALLEY
Parcel 17 3112-251-44 20432 Highway 18 COMMONS I LLC 25,392 $736.37 $201.10
APPLE VALLEY
Parcel 18 3112-251-45 20442 Highway 18 COMMONS I LLC 61,748 $1,790.69 $489.04 Parcel 19
3112-251-46 14898 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 77,130 $2,236.77 $610.87
Parcel 20 3112-251-47
14940 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 50,423 $1,462.27 $399.35
Parcel 21 3112-251-48
14992 Dale Evans
Pkwy
APPLE VALLEY
COMMONS I LLC 49,105 $1,424.05 $388.91
Parcel 22 3112-251-49 20450 Highway 18
APPLE VALLEY
COMMONS I LLC 105,627 $3,063.18 $836.57
Parcel 23 3112-251-50 20426 Highway 18
APPLE VALLEY
COMMONS I LLC 79,493 $2,305.30 $629.58
Parcel 24 3112-251-51 20352 Highway 18
APPLE VALLEY
COMMONS I LLC 102,873 $2,983.32 $814.75
Parcel 25 3112-251-52 20346 Highway 18
APPLE VALLEY
COMMONS I LLC 114,218 $3,312.32 $904.61
Parcel 26 3112-251-53 20288 Highway 18 TARGET CORP 572,122 $16,591.54 $4,531.21 Parcel 27 3112-251-54 20276 Highway 18
APPLE VALLEY
COMMONS I LLC 57,046 $1,654.33 $451.80
Parcel 28 3112-251-55 20270 Highway 18
APPLE VALLEY
COMMONS I LLC 26,942 $781.32 $213.38
Misc. Parcels along Highway 18
Walgreens -
Parcel 1 of
P.M. 16195,
P.M.B. 200/21-
22 3112-171-20 20250 Highway 18
KETCHUM APPLE
VALLEY LLC 61,724 $1,795.73 $493.31
Starbucks 3112-251-05 14880 Dale Evans
Parkway
Starbucks 48,892 $1,422.41 $390.75
TOTAL ASSESSMENT $107,936.83 $29,565.45
L-1, Tract 13618
L-2, Tract 13426
L-3, Tract 14090
L-4, Tract 13709
L-5, Tract 15288
L-7, Tract 8476
L-8, Tract 14846
L-9, Tract 9696
L-10, Tract 16492-1,2
L-10, Tract 16492-3,4
L-11, Tract 16395
L-12, Tract 16059
L-13, Tract 14994
L-15, Tract 18343
L-17, Tract 15286
L-19, Tract 16134
L-20, Tract 17093
L-23, PM 17684 and L.L.A. 2007-002
L-26, TM 17278
L-28, PM 15151, Parcel 3
RESOLUTION NO. 2024-20
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY CONFIRMING DIAGRAM AND
ASSESSMENT AND LEVYING ASSESSMENT FOR
FISCAL YEAR 2024-2025
ASSESSMENT DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The Town Council of the Town of Apple Valley hereby resolves as follows:
Section 1: Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the Town Council directed the Town Engineer, Engineer of Work for Assessment District No. 1, to prepare and file an annual report for fiscal year 2024-2025.
Section 2: The Engineer of Work filed his annual report with the Town Clerk, and the Town Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2024-2025 and set a public hearing to be held on July 23, 2024, at the Council Chamber of the Town Council located at 14955 Dale Evans Parkway, Town of Apple Valley, California. Notice of the hearing was given in the time and manner required by law.
Section 3: At the public hearing, the Town Council afforded to every interested person an opportunity to make a protest to the annual report either in writing or orally, and the Town Council has considered each protest.
Section 4: The Town Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for fiscal year 2024-2025.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 23rd day of July 2024.
_________________________________
Scott Nassif
Mayor
ATTEST:
____________________________
La Vonda M-Pearson,
Town Clerk
Town Council Agenda Report
Date: July 23, 2024
To: Honorable Mayor and Town Council
Subject: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED
FEES FOR TOWN SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Emad Gewaily, Director of Finance
Finance
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Adopt Resolution No. 2024-21 a Resolution of the Town Council of the Town of Apple Valley, California, amending and establishing specified fees for Town services for Fiscal Year 2024-2025.
SUMMARY
Staff has completed the annual process of thoroughly reviewing the Town’s current fees effective for the 2023-2024 fiscal year. This review is conducted to ensure that the fees collected cover the processing costs of the service request or, at least, the level of subsidy is at a level that the Council has indicated is desirous to maintain. Over the past several years, the Town has made significant reductions in operating costs. With the implementation of these budget strategies, and as sound financial practices mandate, the Town must annually re-evaluate increased costs of service, and the operating impacts of such cost increases as part of the fiduciary responsibilities of the Town. Many of the existing fees are still being subsidized and are not in-line with the costs that are required to provide such services.
The attached Resolution No. 2024-21 implements the Council’s direction to automatically adjust by a percentage amount that is equal to or less than, as determined by the Town Council, the increase to the Consumer Price Index (CPI), for the previous twelve (12) month period of March, 2023 to March, 2024, which is 4.30%. The fee increases, as proposed, will bring the users fees in-line with the CPI increases through March 2024 unless otherwise noted and do not include the CPI increase since then.
Attached to the staff report is the Municipal Fee Schedule summarizing all fees charged by the Town for various functions and services performed for the community. Each
schedule has been indexed in the front of the document by schedule and in the back of the document by fee name for ease of reference. Once adopted, the Municipal Fee Schedule document will be bound and placed on all public counters and on the Town’s website for reference purposes to assist staff and members of the public.
The attached Resolution No. 2024-21 would adopt the proposed fees. Proposed changes to the Municipal Fee Schedule are noted in the attached summary spreadsheet and in the proposed copy of the Municipal Fee Schedule included as Exhibit A to Resolution No. 2024-21. The schedules in the Municipal Fee Schedule are noted below:
• Schedule A for Building and Safety fees
• Schedule B for Engineering fees
• Schedule C for Parks and Recreation fees
• Schedule D for Planning fees
• Schedule E for Public Works fees
• Schedule F for Special Licenses
• Schedule G for Town-wide fees
• Schedule H for Wastewater fees
• Schedule I for Animal Services fees
• Schedule J for Development Impact Fees
• Schedule K for Code Enforcement Fees
• Schedule L for Golf Course Fees
A CPI annual increase of the Building Evaluation is also proposed. The Town’s current Building Evaluation schedule is still significantly less than the actual construction cost and the average evaluations for most local jurisdictions. The proposed Evaluation schedule is a typical average for the industry within the area.
In addition to the adjustments noted above, other modifications have been made to each schedule based upon the change in the CPI of 4.30% or based upon a review of the costs of the program or subsidy as noted.
The Resolution has been prepared with an effective date of September 1, 2024, unless otherwise noted. Upon Council approval, the new fees in Schedules C, E, F, G, H, I, K, and L of Exhibit “A” to Resolution No. 2024-21 will take effect at this time. The new fees in Schedules A, B, and D of Exhibit “A” to Resolution No. 2024-21 shall take effect 30 days after adoption of Resolution No. 2024-21. The fees in Schedule J are subject to the results of an Impact Fee study currently in process and will be published after its conclusion.
BACKGROUND
The Town annually updates its user fees to adjust for inflation. Historically, the Town has used the Los Angeles-Riverside-Orange County Consumer Price Index for Urban Wage Earners and Clerical Workers..However, that index no longer exists. Staff recommends using the CPI for All Urban Consumers, Riverside-San Bernardino-Ontario as provided by the Bureau of Labor Statistics.
With the approval of proposed fee schedule of the current CPI increase, the Town may still need to consider corresponding cuts in the Town’s budget to offset the associated loss of resources anticipated in the Proposed FY 2024-2025 General Fund Budget. The Town is currently conducting a new fee study to evaluate its subsidies, any potential equitable adjustments, as well as lost revenues. At the conclusion of this study, there is an expectation that the Town Council will consider the new suggested fees as they relate to the 2024-2025 General Fund Budget.
ALTERNATIVES CONSIDERED
Pursuant to the Town’s Ordinance and Resolutions referenced herein, an annual adjustment is made to the User Fee based upon an evaluation of the Consumer’s Price Index. If the proposed fee schedule is not approved, corresponding cuts in the adopted budget may need to be considered in an amount sufficient to offset the resulting revenue shortfall.
FISCAL REVIEW
In FY 2023-24, the Town received $7,693,159 of revenue collected from fees, permits, and charges for services. Based on the proposed new fees schedule for FY 2024-25, the projected revenue that will be generated from fees, permits, and charges for services would be $8,023,695 for FY 2024-25.
LEGAL REVIEW
The attached resolution has been reviewed and approved as to form.
CONCLUSION
Staff recommends the approval and adoption of the attached Resolution No. 2024-21 establishing the Fiscal Year 2024-2025 Municipal Fee Schedule. These fees are intended to partially or fully recover the service cost for each of the specified services or functions noted within the attached schedules. Staff also recommends the consideration of an equitable adjustment to obtain of the full cost recovery of the Planning fee-based services in a subsequent resolution to reduce an unsustainable subsidy of Town resources.
ATTACHMENTS
A. Resolution No. 2024-21 Including Exhibit A – Municipal Fee Schedule B. Summary Spreadsheet – Municipal Fee Schedule Changes
RESOLUTION No. 2024-21
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF APPLE VALLEY, CALIFORNIA,
APPROVING ADJUSTMENTS TO MISCELLANEOUS
USER FEES
WHEREAS, the Town of Apple Valley (the “Town”) charges fees for various services, permits, licenses, and regulatory activity provided by the Town (collectively, the “Fees”); and
WHEREAS, in order for the Fees to cover the costs of providing the services, permits, licenses, or regulatory activity for which the Fees are imposed, many of the Fees must be adjusted to reflect reasonable estimated costs of service; and WHEREAS, certain Fees are subject to the adoption procedures set forth in Government Code section 66016, and others are subject to the procedures set forth in Government Code section 66018; and
WHEREAS, in accordance with Government Code section 66016, the Town has made available to the public, at least 10 days prior to the date of this meeting, data supporting the Fees, and notice of this meeting has been mailed to all interested persons that have requested such notice at least 14 days prior to the date of this meeting; and WHEREAS, in accordance with Government Code section 66018, the Town Council called a public hearing for July 23, 2024, for the purpose of receiving public comments to the proposed Fees. Notice of the public hearing was given by publication in a newspaper of general circulation within the Town once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication. On July 23, 2024, at the time and place set for the public hearing, the Town Council heard and considered all oral and written presentations and comments made regarding the proposed Fees; and
WHEREAS, the Town Council now wishes to adopt the new or increased Fees subject to the Consumer Price Index set forth in Schedules C, E, F, G, H, I, K, and L of Exhibit “A”, effective September 1, 2024; and
WHEREAS, the Town Council now wishes to adopt the new or increased Fees subject to the Consumer Price Index set forth in Schedules A, B, and D, of Exhibit “A”, effective 30 days from adoption; and
WHEREAS, the Town Council will address the fee increase in Schedule J upon the completion of an Impact Fee study.
NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Apple Valley, California, finds, determines and orders as follows:
Section 1. The above Recitals are true and correct and by this reference incorporated herein.
Resolution 2024-21
Section 2. The Town Council hereby adopts the new or increased fees set forth in the Town’s Municipal Fee Schedule described in Exhibit “A” attached hereto. The Fees set forth in Schedules C, E, F, G, H, I, K, and L of Exhibit “A” and imposed by this Resolution shall take effect immediately, and shall supersede any prior fees or charges imposed by resolution or otherwise by the Town Council, to the extent such prior fees or charges conflict herewith. The Fees set forth in Schedules A, B, and D, of Exhibit “A” and imposed by this Resolution shall take effect 30 days from adoption, and shall supersede any prior fees or charges imposed by resolution or otherwise by the Town Council, to the extent such prior fees or charges conflict herewith. No fees will be changed for Schedule J until the release and adoption of an Impact Fee study.
Section 3. The Town Council called a public hearing on July 23, 2024, for the purpose of receiving public comments on the proposed Fees. Notice of the public hearing was given by publication in a newspaper of general circulation within the Town once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication. On July 23, 2024, at the time and place set for the public hearing, the Town Council heard and considered all oral and written presentations and comments made regarding the proposed Fees.
Section 4. The maximum rate for the Fees set forth in the Schedules, unless otherwise stated, shall be adjusted each July 1, commencing July 1, 2021, by the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the Riverside-San Bernardino-Ontario Area as of March of such year, provided that if such index shall cease to exist, the City may determine the appropriate increase based on a comparable index.
Section 5. The Town Council finds and determines that:
(a) The Fees established by this resolution:
(1) are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the Town for issuing licenses and permits, performing investigations, inspections, and administrative enforcement of the Town’s Municipal Code or other rules or ordinances; (2) are no more than necessary to cover the reasonable costs of the governmental activity for which the Fee is imposed; and (3) the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the Fee is imposed; and (b) The Fees are not taxes within the meaning of California Constitution article XIII C, section 1(e)..
Section 6. The Town Council finds and determines that:
(a) the proposed Fees are not subject to environmental review under CEQA. First, the proposed Fees, in and of themselves, do not have potential for resulting
Resolution 2024-21
in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and therefore are not considered a “project” under CEQA. (Pub. Resources Code, § 21065, 14 Cal. Code Regs., § 15378, subd. (a).) Second, the Fees are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; here, there is no possibility that the proposed Fees, in and of themselves, may have a significant effect on the environment. (14 Cal. Code Regs., § 15061, subd. (b)(3).) And third, the proposed Fees are considered a government funding mechanism that does not involve any commitment on behalf of the Town to any specific project which may result in a potentially significant physical impact on the environment. (14 Cal. Code Regs., § 15378, subd. (b)(4).)
(b) The determination that the proposed Fees are not subject to CEQA review reflects the Town Council’s independent judgment and analysis. (c) The documents and materials that constitute the record of proceedings on which these findings have been based are located at Town Hall, 14955 Dale Evans Parkway, Apple Valley, California 92307. The custodian for these records is the Town Clerk.
Section 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstances held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Resolution are declared to be severable. In the event any fee increase herein is determined by the final judgment of a court of competent jurisdiction to be invalid, then the fee in effect as to that item prior to the adoption of the said invalidated fee by this Resolution shall be construed hereby to remain in effect.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 23 rd day of July, 2024, by the following vote:
Scott Nassif, Mayor
ATTEST:
La Vonda M-Pearson, Town Clerk
Town of Apple Valley
Proposed Changes
Schedule A ‐ Building and Safety FY23 Municpal Fee Schedule ‐24 FY24 ‐ FY 2021‐2022 ‐25 Description Date Requested Adopted Fee Proposed Fee Formatted $ Diff. Muiltiplyer Per: % Diff. "Table B"PERMIT FEES FOR GROUPS R AND U OCCUPANCIES (RESIDENTIAL AND ACCESSORY BUILDINGS)1 to 50 sq ft 9/1/2024 $249.21 $259.93 $259.93 $ 10.72 4.30% 51 to 500 sq ft 9/1/2024 $250.36 $261.13 $261.13 $ 10.77 $1.03 sq ft 4.30% 501 to 1,000 sq ft 9/1/2024 $809.57 $844.38 $844.38 $ 34.81 $102.30 100 sq ft 4.30% 1,001 to 2,000 sq ft 9/1/2024 $1,419.96 $1,481.02 $1,481.02 $ 61.06 $53.98 100 sq ft 4.30% 2,001 to 3, 000 sq ft 9/1/2024 $2,063.39 $2,152.12 $2,152.12 $ 88.73 $42.23 100 sq ft 4.30% 3,001 to 4,000 sq ft 9/1/2024 $2,566.83 $2,677.20 $2,677.20 $ 110.37 $32.34 100 sq ft 4.30% Over 4,000 sq ft 9/1/2024 $2,952.42 $3,079.37 $3,079.37 $ 126.95 $21.57 100 sq ft 4.30% Strong Motion Instrumentation Program (Res) 9/1/2024 $76.30 $76.30 $76.30 ‐ $ .00013 x valuation 76.30 x sqft
MISCELLANEOUS PERMIT FEES
One Time Inspection Permit 9/1/2024 $121.29 $126.51 $126.51 $ 5.22 4.30% All Others 9/1/2024 $183.25 $191.13 $191.13 $ 7.88 4.30%Permit Issuance Fee 9/1/2024 $121.29 $126.51 $126.51 $ 5.22 4.30% Swimming Pools (Accessory to Single Family Dwelling)
With a Standard Plan 9/1/2024 $606.43 $632.51 $632.51 $ 26.08 4.30%With other than a Standard Plan 9/1/2024 $727.72 $759.01 $759.01 $ 31.29 4.30%Swimming Pools (All Others)With a Standard Plan 9/1/2024 $727.72 $759.01 $759.01 $ 31.29 4.30%With other than a Standard Plan 9/1/2024 $849.01 $885.52 $885.52 $ 36.51 4.30%Spas and Hot Tubs 9/1/2024 $363.85 $379.50 $379.50 $ 15.65 4.30%Plan Review Fee 9/1/2024 $251.80 $262.63 $262.63 $ 10.83 4.30% Standard Plans
Establish a standard plan 9/1/2024 $251.80 $262.63 $262.63 $ 10.83 4.30%Standard Plan Comparion Review Fee 9/1/2024 $66.57 $69.43 $69.43 $ 2.86 4.30%Standard Plan Annual Renewal 9/1/2024 $251.80 $262.63 $262.63 $ 10.83 4.30%Residential Wire and/or Wood Fences 9/1/2024 $60.64 $63.25 $63.25 $ 2.61 Lot 4.30%Residential Driveway Approach 9/1/2024 $53.63 $126.50 $126.50 $ 72.87 135.88% Application Fee 9/1/2024 $40.64 $126.50 $126.50 $ 85.86 211.27% Field Investigation and Report (Minor Project) 9/1/2024 $242.58 $253.01 $253.01 $ 10.43 4.30% Pre‐Construction 9/1/2024 $90.96 $94.87 $94.87 $ 3.91 4.30%Pre‐Construction Inspection 9/1/2024 $486.43 $507.35 $507.35 $ 20.92 4.30% Each Additional Contiguous (Per Lot) 9/1/2024 $13.18 $13.75 $13.75 $ 0.57 Lot 4.30% Appeal to Building & Safety Board of Appeals
Mobile Office Trailer (Single Wide) 9/1/2024 $145.02 $151.26 $151.26 $ 6.24 4.30% Mobile Office Trailer (Multiple Sections)) 9/1/2024 $1,352.60 $1,410.76 $1,410.76 $ 58.16 4.30% Manufactured Homes/Commerical Coaches 9/1/2024 $1,352.60 $1,410.76 $1,410.76 $ 58.16 4.30%Temporary Construction Material Processing 9/1/2024 $351.72 $366.84 $366.84 $ 15.12 4.30%Approved Temporary Tents 9/1/2024 $363.85 $379.50 $379.50 $ 15.65 4.30%Owner Initiated Address Change 9/1/2024 $415.26 $433.12 $433.12 $ 17.86 4.30% Written Verification, Full Distribution 9/1/2024 $125.23 $130.62 $130.62 $ 5.39 4.30%Subdivision Addressing 9/1/2024 $6.58 $6.86 $6.86 $ 0.28 4.30%
Town of Apple Valley
Proposed Changes
Schedule A ‐ Building and Safety FY23 Municpal Fee Schedule ‐24 FY24 ‐ FY 2021‐2022 ‐25 Description Date Requested Adopted Fee Proposed Fee Formatted $ Diff. Muiltiplyer Per: % Diff.
Primary Sign Plan Review 9/1/2024 $251.76 $262.59 $262.59 $ 10.83 4.30% Primary Sign Permit 9/1/2024 $503.59 $525.25 $525.25 $ 21.65 4.30% Special Inspector Application Review 9/1/2024 $125.89 $131.30 $131.30 $ 5.41 4.30% Approved Fabricator Application Review 9/1/2024 $304.54 $317.63 $317.63 $ 13.10 4.30% Modification ot Previously Approved App 9/1/2024 $126.06 $131.48 $131.48 $ 5.42 4.30% Certificate of Occupancy 9/1/2024 $242.58 $253.01 $253.01 $ 10.43 4.30%Re‐Inspection Fee Per Inspection 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Plan Review by the Hour 9/1/2024 $90.25 $94.13 $94.13 $ 3.88 1/2 hour 4.30% Inspection Deposit 9/1/2024 $242.58 $253.01 $253.01 $ 10.43 4.30% Minimum Permit Fee 9/1/2024 $117.63 $122.69 $122.69 $ 5.06 4.30%
PLAN REVIEW FEE
Strong Motion Instrumentation Program (Non‐Res) 9/1/2024 $0.00 $0.00 $0.00 .00029 x valuation 4.30%
ELECTRICAL PERMIT FEES
600 volts or less and not over 200 amps 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% 600 volts or less and 201 to 1,000 amps 9/1/2024 $242.49 $252.92 $252.92 $ 10.43 4.30% Over 600 volts or over 1,000 amps 9/1/2024 $363.27 $378.89 $378.89 $ 15.62 4.30% Unit Application: Up to and including 1 unit 9/1/2024 $10.67 $11.13 $11.13 $ 0.46 4.30% Unit Application: Up to 10 units 9/1/2024 $2.11 $2.20 $2.20 $ 0.09 + 8.51 4.30% Unit Application: Up to 50 units 9/1/2024 $1.41 $1.47 $1.47 $ 0.06 + 25.30 4.30% Unit Application: Over 50 9/1/2024 $0.69 $0.72 $0.72 $ 0.03 +81.30 4.30%Electrical Motor, 1 hp or less 9/1/2024 $10.67 $11.13 $11.13 $ 0.46 4.30% Electrical Motor, more than 1 hp 9/1/2024 $24.36 $25.41 $25.41 $ 1.05 4.30% Transformer 9/1/2024 $10.67 $11.13 $11.13 $ 0.46 4.30%Temporary Use of Construction Service 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Temporary Use of Permanent Service 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30%Additional Secondary/Supporting Poles 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 ea 4.30% Area Lighting Standards 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30% Residential Swimming Pools 9/1/2024 $242.62 $253.06 $253.06 $ 10.43 4.30%Commercial Swimming Pools 9/1/2024 $361.02 $376.54 $376.54 $ 15.52 4.30% Temporary Sales Stand 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Inspection for reinstallation of idle meter (removed by utility company) 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% Electrical Work for which a permit is req'd 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Illuminated Signs (0‐5 sq ft) 9/1/2024 $60.51 $63.11 $63.11 $ 2.60 4.30% Illuminated Signs (5.1 to 25 sq ft) 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% Illuminated Signs (25.1 to 100 sq. ft.) 9/1/2024 $75.20 $78.44 $78.44 $ 3.23 4.30% Illuminated Signs (> 100 sq. ft.) 9/1/2024 $107.97 $112.62 $112.62 $ 4.64 4.30% Poles and Anchors 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30%
MECHANICAL PERMIT FEES
Install or relocate ea forced‐air/gravity furnance 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Install or relocate ea floor furnance, etc 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% Install or relocate ea appliance vent, etc 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% Repair, alter, or addition to ea heating appliance 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% Install/relocate boiler/comp. 0 ‐15 hp 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30%
Town of Apple Valley
Proposed Changes
Schedule A ‐ Building and Safety FY23 Municpal Fee Schedule ‐24 FY24 ‐ FY 2021‐2022 ‐25 Description Date Requested Adopted Fee Proposed Fee Formatted $ Diff. Muiltiplyer Per: % Diff.
Install/relocate boiler/comp. over 15 hp 9/1/2024 $242.62 $253.06 $253.06 $ 10.43 4.30% For each air handling unit 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% For each evaporative cooler 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% For each ventilation fan 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% For each vent system (portion not auth by permit) 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% For the install of ea hood other than Type 1 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% For ea Type 1 grease hood 9/1/2024 $181.93 $189.75 $189.75 $ 7.82 4.30% For ea appliance regulated by Mech Code 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30%
PLUMBING PERMIT FEES
Plumbing fixture or trap 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30% Private Sewer Line 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 ea 4.30% Private Sewer Line (minimum charge) 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Private Sewage Lift Station/Sump Pump 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30%Building Sewer 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 ea 4.30%Septic Tank, Cesspool or Leach Line 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 ea 4.30% Water Heater and/or Vent 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 ea 4.30% For each gas piping system per outlet 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30% For each gas piping system per outlet (min) 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Inspection for reinstall of gas meter 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 ea 4.30% Industrial waste pre‐treatment interceptor 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 ea 4.30% Install, alter, repair of water piping equip 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% For ea water distribution system 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30% For ea water distribution system (min charge) 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% For ea gas dist system on private property 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30% For ea gas dist on private property (min) 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% For each public swimming pool 9/1/2024 $300.58 $313.51 $313.51 $ 12.92 4.30% For each private swimming pool 9/1/2024 $242.62 $253.06 $253.06 $ 10.43 4.30% Repair or alteration of drain or vent piping 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% For ea lawn sprinkler system 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Vaccum breakers or backflow protection 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30% Vaccum breakers or backflow protection (min) 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30%
ACTIVE SOLAR & PHOTOVOLTAIC ENERGY PERMIT FEES
Single family residential
For collectors 9/1/2024 $62.90 $65.61 $65.61 $ 2.70 4.30% For storage tanks 9/1/2024 $62.90 $65.61 $65.61 $ 2.70 4.30% For rock storage 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% For each thermal solar energy appliance 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30% GRADING FEESGrading Permit: 0 ‐ 100 cu yd 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Grading Permit: 100.1 ‐ 1,000 cu yd 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 100 cu. yds. 4.30% Grading Permit: 1,000.1 ‐ 10,000 cu yd 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 1,000 cu. yds. 4.30% Grading Permit: 10,000.1 ‐ 100,000 cu yd 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 10,000 cu. yds. 4.30% Grading Permit: 100,000 cu yd 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 10,000 cu. yds. 4.30%
Town of Apple Valley
Proposed Changes
Schedule A ‐ Building and Safety FY23 Municpal Fee Schedule ‐24 FY24 ‐ FY 2021‐2022 ‐25 Description Date Requested Adopted Fee Proposed Fee Formatted $ Diff. Muiltiplyer Per: % Diff.
Grading Plan Review Initial Deposit 9/1/2024 $304.51 $317.61 $317.61 $ 13.09 4.30% Hillside Grading 9/1/2024 $217.52 $226.87 $226.87 $ 9.35 4.30% For each gas piping system per outlet 9/1/2024 $40.43 $42.17 $42.17 $ 1.74 4.30% For each gas piping system per outlet (min) 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% Inspection for reinstall of gas meter 9/1/2024 $60.63 $63.23 $63.23 $ 2.61 4.30%Industrial waste pre‐treatment interceptor 9/1/2024 $121.29 $126.50 $126.50 $ 5.22 4.30% MOBILE/MANUFACTURED HOME INSTALLATIONSPlan Review 9/1/2024 $503.61 $525.26 $525.26 $ 21.66 4.30% Permit Fee 9/1/2024 $848.99 $885.50 $885.50 $ 36.51 4.30% Foundation System 9/1/2024 $363.85 $379.50 $379.50 $ 15.65 4.30%
Schedule A ‐ Building and Safety FY23‐24 FY24‐25
BUILDING PERMIT FEES Per Dept, rates are not to increase FY 24‐25
VALUATION
9/1/2024 $1.00 to $1,000 $72.30 * $72.30 *9/1/2024 $1,000.01 to $2,000 $72.30 * $72.30 * for the first
$1,000 plus $6.34 $6.34 for each additional $100 or fraction up to $2,000 9/1/2024 $2,000.01 to $25,000 $135.70 $135.70
for the first
$2,000 plus $20.30 $20.30 for each additional $1,000 or fraction up to $25,000 9/1/2024 $25,000.01 to $50,000 $602.52 $602.52
for the first
$25,000 plus $19.02 $19.02 for each additional $1,000 or fraction up to $50,000 9/1/2024 $50,000.01 to $100,000 $1,078.01 $1,078.01
for the first
$50,000 plus $10.15 $10.15 for each additional $1,000 or fraction up to $100,000 9/1/2024 $100,000.01 and up $1,585.42 $1,585.42
for the first
$100,000 plus $6.34 $6.34 for each additional $1,000 fraction thereof. *Minimumpermit fee $113.54 $113.54 $72.30 for cumula
In addition to construction fees, (including fees calculated by contract valuation) any electrical, mechanical, plumbing and solar fees are due.
PLAN REVIEW FEE
When the building code requires that a plan or other data be submitted, a plan review fee shall be paid.
The plan review fee is 90% of the building permit fee from the above table and shall be paid when the plans are submitted.
When only one plan is submitted and approved for more than one identical building at the same site, only one plan review fee shall be charged.
When approved plans have been changed so as to require additional plan review, an additional fee shall be charged at a rate of $87.79 $87.79 per 1/2 hour (which is also the minimum charge).
Strong Motion Instrumentation Program (SMIP) fee for non‐residential = $0.00029 x valuation, min. $0.50 per State of California Public Resource Code.
BUILDING VALUATIONS (NON‐RESIDENTIAL) FY23‐24 FY24‐25 FY23‐24 FY24‐25 Institutional: Nursing Homes, Board and Care Facilities, Day Care, Supervised Environments, Convalescent
Hospitals (I) Industrial: Factories & Manufacturing (F & H) Construction Type Per sq ft Per sq ft Construction Type Per sq ft Per sq ft IA or IB $165.21 $172.32 IA or IB $67.59 $70.49
IIA $114.52 $119.44 IIA $47.03 $49.05
IIIA $117.51 $122.56 IIB $43.07 $44.92
IIB, IIIB, IV or V $110.83 $115.59 IIIA $51.80 $54.03
IIIB $48.80 $50.90
IV or VA $48.68 $50.78
VB $44.71 $46.63
Assembly Buildings: Church, Bowling Alley, Recreational Bldgs., Laundry Bldgs, Restroom Bldgs., Libraries,
Museums (A‐3)
Business: Offices, Banks, Civic Admin.,
Professional Services, Fire Stations (B)
Construction Type Per sq ft Per sq ft Construction Type Per sq ft Per sq ft IA or IB $117.89 $122.96 IA or IB $126.77 $132.22
IIA $88.33 $92.13 IIA $84.80 $88.45
IIB $83.97 $87.58 IIB $80.98 $84.46
IIIA $96.25 $100.39 IIIA $91.88 $95.83
IIIB $92.02 $95.98 IIIB $87.51 $91.28
IV or VA $89.97 $93.83 IV or VA $85.88 $89.57
VB $84.51 $88.15 VB $80.98 $84.46
Merchandise (M)
Offices (Incomplete ‐ Shell Only*)
(B)
Construction Type Per sq ft Per sq ft Construction Type Per sq ft Per sq ft IA or IB $97.88 $102.09 IA or IB $101.43 $105.79
IIA $59.98 $62.56 IIA $67.85 $70.77
IIB $68.36 $71.30 IIB $64.78 $67.56
IIIA $72.80 $75.93 IIIA $73.51 $76.67
IIIB $68.44 $71.38 IIIB $70.00 $73.01
IV or VA $63.36 $66.09 IV or VA $68.94 $71.91
VB $56.58 $59.01 VB $64.78 $67.56
Merchandise Stores
(Incomplete ‐ Shell Only*) (M)
Assembly Buildings: Night
Clubs/Theaters/Concert Halls (A‐1)
Construction Type Per sq ft Per sq ft Construction Type Per sq ft Per sq ft IA or IB $80.17 $83.62 I or II $130.46 $136.06
IIA $47.99 $50.06 IIIA $95.02 $99.10
IIB $46.67 $48.68 IIIB $90.37 $94.25
IIIA $57.89 $60.38 IV or VA $89.42 $93.27
IIIB $54.73 $57.09 VB $84.51 $88.15
IV or VA $51.51 $53.73
VB $45.26 $47.21
Storage: Warehouse, Parking Garages, Hangars,
Motor Vehicle Repair (S)
Assembly Buildings: Bars, Restaurants,
Banquet Halls, Night Clubs (A‐2)
Construction Type Per sq ft Per sq ft Construction Type Per sq ft Per sq ft IA or IB $58.62 $61.14 I, II or IIIA $115.72 $120.69
IIA, VA, IV $34.77 $36.27 IIIB $108.84 $113.52
IIB, VB $32.72 $34.13 VA $103.27 $107.71
IIIA $39.53 $41.23 VB $99.14 $103.40
IIIB $37.75 $39.37
Educational: Schools (E) Misc. Valuations
Construction Type Per sq ft Per sq ft Construction Type Per sq ft Per sq ft IA or IB $132.20 $137.89 Fire Sprinklers/Sq ft $2.45 $2.56 IIA or IIB $89.97 $93.83 Engineered Sign $31.89 $33.27
IIIA $96.51 $100.66
Canopy/Deck/Porch
All Construction Types $33.25 $34.68
IIIB $91.75 $95.69
Wind Mill‐Use valuation or contract
Whichever is higher Contract Contract
IV or VA $90.25 $94.13 Tanks, Towers Contract Contract
VB $86.13 $89.84
Stadiums, Arenas, Grandstands (A‐
4, Etc. Contract Contract
Hotels, Motels (R‐1) and All Other R’s Of 4 Stories Or
More (R Portion Only In Mixed Occupancy Groups) Medical Offices Certified to OSHPD (B) Construction Type Per sq ft Per sq ft Construction Type Per sq ft Per sq ft IA $126.77 $132.22 IA or IB $141.77 $147.86
IB $126.77 $132.22 IIA $109.46 $114.16
IIA $84.80 $88.45 IIB $109.46 $114.16
IIB $80.98 $84.46 IIIA $110.40 $115.15
IIIA $91.88 $95.83 IIIB $110.40 $115.15
IIIB $87.51 $91.28 IV or VA $107.55 $112.17
IV $85.88 $89.57 VB $106.91 $111.51
VA $85.88 $89.57
VB $80.98 $84.46
Town of Apple Valley
Proposed Changes
Municipal Fee Schedule ‐ FY 2024‐25
Schedule B ‐ Engineering FY23‐24 FY24‐25
Description Date Requested Adopted Fee Proposed Fee $ Diff. % Diff.
A. Special Study Reviews ‐ Actual Cost plus 30%
Traffic, Hydrology, Soils, Road Dedication 9/1/2024 $ 154.04 $ 160.67 $ 6.62 4.30% Perc test, WQMP (Residential) 9/1/2024 $ 154.04 $ 160.67 $ 6.62 4.30% SFR Drainage Review fee 9/1/2024 $ 157.90 $ 164.69 $ 6.79 4.30% WQMP ‐ Commercial 9/1/2024 $ 914.54 $ 953.87 $ 39.33 4.30% B. Final Map Fees ‐ Actual Cost plus 30% 9/1/2024 $ 446.72 $ 465.93 $ 19.21 4.30% Tract Maps,plus per lot 9/1/2024 $ 32.22 $ 33.60 $ 1.39 4.30% Minumum deposit required 9/1/2024 $ 3,074.39 $ 3,206.59 $ 132.20 4.30% 9/1/2024
Parcel Map, plus $58.23 per lot 9/1/2024 $ 924.35 $ 964.09 $ 39.75 4.30% Minumum deposit required 9/1/2024 $ 58.23 $ 60.74 $ 2.50 4.30% Deferred Monumentation
Admin Fee 9/1/2024 $ 150.43 $ 156.90 $ 6.47 4.30%
Cash deposit required based on an estimate to perform the monumentation prepared by the Engineer of Record Lien Agreement for Subdivision Improvements 9/1/2024 12,000.00 $ $ ‐ 12,000.00 $ 0 SecurityC. Improvement and Grading Fees
All indicated fees are cumulative. Fees are fixed as a percentage of the total improvement cost within the indicated ranges and are fixed for each range individually and separately from all ranges. Fees apply to all improvements required for land division and building permits
1. Plan check Fees * 3.5% of Valuation
2. Inspection Fees 2% of Valuaiton
* An additional 50% of orginal deposit shall be made if more than three plan checks are required, unless plan checks are required due to staff error.
Town of Apple Valley
Proposed Changes
Municipal Fee Schedule ‐ FY 2024‐25
Schedule C ‐ Parks and Recreation FY23‐24 FY24‐25 FY24‐25 FY23‐24 FY24‐25 FY24‐25 Description
Date
Requested
Current
Standard
Fee
ProposedStandard
Fee CPI
Only
ProposedStandard Fee(Roundedwhole $)
Standard
Fee $ Diff
Standard%
Diff.
Current
Non‐Profit
Fee
Proposed
Non‐Profit
Fee CPI
Only
Proposed
Non‐Profit
Fee
(Rounded)
Non Profit
$ Diff.
Non Prof%
Diff.
ADMINISTRATIVE FEESRefundable Security/Cleaning Deposit 9/1/2024 $250.00 150‐500 150‐500 $250.00 150‐500 150‐500 0.00% Field Use Deposit 150‐1,000 150‐1,000
Commercial Use Deposit 500‐1,000 500‐1,000Tournament Deposit 500‐1,000 500‐1,000 Pre-Event Set up and Take Down
Auditorium/Room 5 9/1/2024 $91.00 $94.91 $95.00 use $4.00 4.40% $82.00 $85.53 $86.00 use $4.00 4.88% Rooms 1 & 2 9/1/2024 $71.00 $74.05 $74.00 use $3.00 4.23% $64.00 $66.75 $67.00 use $3.00 4.69% Arts/Crafts Room/Rooms 3 & 4 9/1/2024 $46.00 $47.98 $48.00 use $2.00 4.35% $42.00 $43.81 $44.00 use $2.00 4.76% FLAT FEESPark Utility Usage 9/1/2024 $31.00 $32.33 $35.00 use $4.00 12.90% $28.00 $29.20 $29.00 use $1.00 3.57%Ballfield Preparation 9/1/2024 $42.00 $43.81 $45.00 field $3.00 7.14% $38.00 $39.63 $40.00 field $2.00 5.26%Field Maintenance Fee 9/1/2024 $7.00 $7.30 $10.00 field $3.00 42.86% $7.00 $7.30 $7.00 field $0.00 0.00% Ballfield Lights (youth) 9/1/2024 $16.00 $16.69 $17.00 hour $1.00 6.25% $14.00 $14.60 $15.00 hour $1.00 7.14%Ballfield Lights (Adult) 9/1/2024 $23.00 $23.99 $24.00 hour $1.00 4.35% $21.00 $21.90 $22.00 hour $1.00 4.76%Class Registration Fee 9/1/2024 $2.00 $2.00 $2.00 class $0.00 0.00% $2.00 $2.00 $2.00 class $0.00 0.00% Tennis Court Light Fee 9/1/2024 $4.00 $4.17 $4.00 hour $0.00 0.00% $4.00 $4.17 $4.00 hour $0.00 0.00%Parking Fee 9/1/2024 $6.00 $6.00 $5.00 ‐$1.00 ‐16.67% $5.00 $5.00 $5.00 $0.00 0.00% Vendor Parking Fee 9/1/2024 $23.00 $24.00 $25‐$35 $20.00 $21.00 $20‐$30RESERVATION FEES Ballfield Use 9/1/2024 $9.00 $9.39 $15.00 hour $6.00 66.67% $8.00 $8.34 $10.00 hour $2.00 25.00%Ballfield Use 9/1/2024 $65.00 $67.80 $75.00 day $10.00 15.38% $60.00 $62.58 $63.00 day $3.00 5.00%Park Use – over 99 people 9/1/2024 $121.00 $126.00 $125.00 day $4.00 3.31% $86.00 $89.50 $90.00 day $4.00 4.65% Park Use – 50‐99 people 9/1/2024 $87.00 $91.00 $90.00 day $3.00 3.45% $65.00 $68.00 $68.00 day $3.00 4.62% Park Use – 26‐49 people 9/1/2024 $62.00 $65.00 $65.00 day $3.00 4.84% $43.00 $45.00 $45.00 day $2.00 4.65% Park Use – under 25 people 9/1/2024 $42.00 $44.00 $45.00 day $3.00 7.14% $29.00 $30.00 $30.00 day $1.00 3.45%Lions Park 9/1/2024 $121.00 $126.00 $130.00 day $9.00 7.44% $108.00 $113.00 $113.00 day $5.00 4.63%Horsemen’s Center Camping 9/1/2024 $18.00 $19.00 $19.00 group $1.00 5.56% $16.00 $17.00 $17.00 group $1.00 6.25%Horsemen's Center Camping Premium 9/1/2024 $29.00 $30.00 $30.00 group $1.00 0.00% $26.00 $27.00 $27.00 group $1.00 3.85% Horsemen’s Center Camping 9 ‐ 20 9/1/2024 $58.00 $60.00 $60.00 group $2.00 3.45% $52.00 $54.00 $54.00 group $2.00 3.85%Horsemen’s Center Camping 21 ‐ 40* 9/1/2024 $92.00 $96.00 $96.00 group $4.00 4.35% $84.00 $88.00 $88.00 group $4.00 4.76%Horsemen’s Center Camping 41 ‐ 60* 9/1/2024 $138.00 $144.00 $144.00 group $6.00 4.35% $126.00 $131.00 $131.00 group $5.00 3.97%Horsemen’s Center Camping 61 ‐ 80* 9/1/2024 $173.00 $180.00 $180.00 group $7.00 4.05% $157.00 $164.00 $164.00 group $7.00 4.46%Horsemen’s Center Camping 81 ‐ 100* 9/1/2024 $202.00 $211.00 $211.00 group $9.00 4.46% $183.00 $191.00 $191.00 group $8.00 4.37%Tennis Court Reservation Fee 9/1/2024 $2.00 $2.00 $2.00 hour $0.00 0.00% $2.00 $2.00 $2.00 hour $0.00 0.00% Tournament Fee $500‐$1,000 daily $500‐$1,000 daily
FACILITY RENTAL FEES ‐ Civic Center Park
Amphitheatre 9/1/2024 $131.00 $137.00 $137.00 hour $6.00 4.58% $119.00 $124.00 $124.00 hour $5.00 4.20%FACILITY RENTAL FEES ‐ James Woody Community Center Auditorium 9/1/2024 $64.00 $67.00 $67.00 hour $3.00 4.69% $58.00 $60.00 $60.00 hour $2.00 3.45%Friday & Saturday after 2 p.m. $0.00 $0.00 Auditorium 9/1/2024 $47.00 $49.00 $49.00 hour $2.00 4.26% $21.00 $22.00 $22.00 hour $1.00 4.76%Friday & Saturday before 2 p.m.
Sunday (All Day)
Auditorium 9/1/2024 $33.00 $34.00 $34.00 hour $1.00 3.03% $15.00 $16.00 $16.00 hour $1.00 6.67%Friday- SundayArts/Crafts Room 9/1/2024 $24.00 $25.00 $25.00 hour $1.00 4.17% $19.00 $20.00 $20.00 hour $1.00 5.26%Monday‐ThursdayArts/Crafts Room 9/1/2024 $20.00 $21.00 $21.00 hour $1.00 5.00% $9.00 $9.00 $10.00 hour $1.00 11.11%Monday - Thursday
Town of Apple Valley
Proposed Changes
Municipal Fee Schedule ‐ FY 2024‐25
Schedule C ‐ Parks and Recreation FY23‐24 FY24‐25 FY24‐25 FY23‐24 FY24‐25 FY24‐25 Description
Date
Requested
Current
Standard
Fee
ProposedStandard
Fee CPI
Only
ProposedStandard Fee(Roundedwhole $)
Standard
Fee $ Diff
Standard%
Diff.
Current
Non‐Profit
Fee
Proposed
Non‐Profit
Fee CPI
Only
Proposed
Non‐Profit
Fee
(Rounded)
Non Profit
$ Diff.
Non Prof%
Diff.
FACILITY RENTAL FEES ‐ James Woody Community Center Cont'd Ward Room 9/1/2024 $47.00 $49.00 $49.00 hour $2.00 4.26% $21.00 $22.00 $22.00 hour $1.00 4.76%Friday- SundayWard Room 9/1/2024 $38.00 $40.00 $40.00 hour $2.00 5.26% $17.00 $18.00 $18.00 hour $1.00 5.88%Monday - ThursdayKitchen ‐ Daily 9/1/2024 $32.00 $33.00 $34.00 day $2.00 6.25% $29.00 $30.00 $31.00 day $2.00 6.90%(when accompanying a minimum 2 hour Auditorium rental) Kitchen ‐ Hourly 9/1/2024 $16.00 $16.69 $17.00 hour $1.00 6.25% $15.00 $15.65 $16.00 hour $1.00 6.67%(Monday – Thursday when not accompanying a Auditorium rental) GymnasiumPlus Staff Cost 9/1/2024 $82.00 $85.50 $86.00 hour $4.00 4.88% $69.00 $72.00 $72.00 hour $3.00 4.35% FACILITY RENTAL FEES ‐ Town Hall Recreation Center
Room 5 9/1/2024 $58.00 $60.50 $60.00 hour $2.00 3.45% $43.00 $44.85 $45.00 hour $2.00 4.65% Friday‐SundayRoom 5 9/1/2024 $47.00 $49.00 $49.00 hour $2.00 4.26% $21.00 $21.90 $22.00 hour $1.00 4.76%Monday‐Thursday $0.00 $0.00 Rooms 1 & 2 9/1/2024 $36.00 $37.50 $38.00 hour $2.00 5.56% $24.00 $25.00 $25.00 hour $1.00 4.17% Friday‐SundayRooms 1 & 2 9/1/2024 $27.00 $28.00 $28.00 hour $1.00 3.70% $13.00 $13.56 $14.00 hour $1.00 7.69% Monday‐ThursdayRooms 3 & 4 9/1/2024 $27.00 $28.00 $28.00 hour $1.00 3.70% $20.00 $20.86 $21.00 hour $1.00 5.00% Friday‐SundayRooms 3 & 4 9/1/2024 $22.00 $23.00 $23.00 hour $1.00 4.55% $10.00 $10.43 $10.00 hour $0.00 0.00% Monday‐ThursdayFACILITY RENTAL FEES ‐ Apple Valley Conference Center Set up/take down – Full Center 9/1/2024 $95.00 $99.00 $100.00 $5.00 5.26% $86.00 $89.50 $90.00 $4.00 4.65% Set up/take down – North/South Rms 9/1/2024 $65.00 $68.00 $68.00 $3.00 4.62% $59.00 $62.00 $62.00 $3.00 5.08% Complete Center, 1st 4 hours 9/1/2024 $660.00 $660.00 $660.00 $0.00 0.00% $660.00 $660.00 $660.00 $0.00 0.00% Friday – SundayComplete Center, 1st 2 hours 9/1/2024 $213.00 $222.00 $222.00 hour $9.00 4.23% $142.00 $148.00 $148.00 hour $6.00 4.23% Monday – ThursdayConference Center only/add’l hours 9/1/2024 $190.00 $198.00 $198.00 hour $8.00 4.21% $174.00 $181.50 $181.00 hour $7.00 4.02%Friday – Sunday FACILITY RENTAL FEES ‐ Apple Valley Conference Center
Conference Center only/add’l hours 9/1/2024 $160.00 $167.00 $167.00 hour $7.00 4.38% $118.00 $123.00 $123.00 hour $5.00 4.24%Monday – ThursdayNorth Room 9/1/2024 $130.00 $135.50 $136.00 hour $6.00 4.62% $118.00 $123.00 $123.00 hour $5.00 4.24% Friday – Sunday
North Room 9/1/2024 $109.00 $113.50 $114.00 hour $5.00 4.59% $76.00 $79.50 $79.00 hour $3.00 3.95% Monday – ThursdaySouth Room 9/1/2024 $130.00 $135.50 $136.00 hour $6.00 4.62% $118.00 $123.00 $123.00 hour $5.00 4.24% Friday – SundaySouth Room 9/1/2024 $110.00 $114.50 $115.00 hour $5.00 4.55% $76.00 $79.50 $79.00 hour $3.00 3.95% Monday – ThursdayConference Room 9/1/2024 $27.00 $28.00 $28.00 hour $1.00 3.70% $25.00 $26.00 $26.00 hour $1.00 4.00%Catering Kitchen 9/1/2024 $33.00 $34.50 $34.00 day $1.00 3.03% $30.00 $31.50 $31.00 day $1.00 3.33% Audio/Visual 9/1/2024 $65.00 $68.00 $68.00 day $3.00 4.62% $59.00 $62.00 $62.00 day $3.00 5.08%Dance Floor 9/1/2024 $200.00 $210.00 day $10.00 5.00% $200.00 $210.00 day $10.00 5.00%Lloyd Mangrum Room (Golf Course) Lloyd Mangrum Room 9/1/2024 $35.00 $35.00 hour $30.00 $30.00 hour
Town of Apple Valley
Proposed Changes
Municipal Fee Schedule ‐ FY 2024‐25
Schedule C ‐ Parks and Recreation FY23‐24 FY24‐25 FY24‐25 FY23‐24 FY24‐25 FY24‐25 Description
Date
Requested
Current
Standard
Fee
ProposedStandard
Fee CPI
Only
ProposedStandard Fee(Roundedwhole $)
Standard
Fee $ Diff
Standard%
Diff.
Current
Non‐Profit
Fee
Proposed
Non‐Profit
Fee CPI
Only
Proposed
Non‐Profit
Fee
(Rounded)
Non Profit
$ Diff.
Non Prof%
Diff.
FACILITY RENTAL FEES ‐ Horsemen's CenterRodeo Arena 9/1/2024 $114.00 $119.00 $119.00 day $5.00 4.39% $104.00 $108.00 $108.00 day $4.00 3.85%Show/Practice Arena 9/1/2024 $76.00 $79.50 $79.00 day $3.00 3.95% $70.00 $73.00 $73.00 day $3.00 4.29% Use of Both Arenas 9/1/2024 $189.00 $197.00 $197.00 day $8.00 4.23% $172.00 $179.50 $179.00 day $7.00 4.07% Exclusive use of the Park 9/1/2024 $228.00 $238.00 $238.00 day $10.00 4.39% $207.00 $216.00 $216.00 day $9.00 4.35% PROGRAM FEES ‐ Youth Rounded Programs below this line do not qualify for non‐profit discounted rate After School Program 9/1/2024 $55.00 $55.00 $60.00 person $0.00 0.00% ASAP Phone In Registration Fee 9/1/2024 $2.00 $2.00 $2.00 $0.00 0.00% Birthday Party Package with food 9/1/2024 $135.00 $135.00 $135.00 $0.00 0.00%Birthday Party Package without food 9/1/2024 $100.00 $100.00 $100.00 $0.00 0.00%Face Painting for Party Package 9/1/2024 $15.00 $15.00 $15.00 $0.00 0.00% Skate Park Birthday Party Package 9/1/2024 $135.00 $135.00 $135.00 $0.00 0.00% Day Camp/Program Full Time 9/1/2024 $139.00 $139.00 $145.00 person $0.00 0.00% Day Camp/Program Part Time 9/1/2024 $86.00 $86.00 $90.00 person $0.00 0.00% Day Camp/Program 3 days/week** 9/1/2024 $91.00 $91.00 $95.00 person $0.00 0.00% Teen Nights Admission 9/1/2024 $6.00 $6.00 $6.00 session/person $0.00 0.00% Teen Events 9/1/2024 $6.00 $6.00 $6.00 session/person $0.00 0.00% Teen Team Nights 9/1/2024 $12 $13.00 $13.00 team $1.00 8.33% Toddler Olympics 9/1/2024 $6 $6.00 $10.00 session/person $0.00 0.00%Family Olympics 9/1/2024 $61.00 $64.00 $64.00 team $3.00 4.92%Parent’s Night Out 9/1/2024 $12.00 $12.00 $12.00 session/person $0.00 0.00% PROGRAM FEES ‐ Adult
Excursions 9/1/2024 Actual Cost Actual Cost Actual Cost Adult Soccer 9/1/2024 $350 $350.00 $350.00 team $0.00 0.00% Adult Softball 9/1/2024 $355 $355.00 $355.00 team $0.00 0.00% Adult Flag Football 9/1/2024 $355 $355.00 $355.00 team $0.00 0.00% Adult Basketball 9/1/2024 $365 $365.00 $365.00 team $0.00 0.00% PROGRAM FEES ‐ Adult
Adult Volleyball 9/1/2024 $150 $150.00 $150.00 team $0.00 0.00% Adult 3 on 3 Basketball Tournament 9/1/2024 $43.00 $43.00 $43.00 team $0.00 0.00% Softball Tournament 9/1/2024 $210.00 $210.00 $210.00 team $0.00 0.00% Open Gym Adult 9/1/2024 $4.00 $4.00 $5.00 session/person $0.00 0.00% Adult Kickball 9/1/2024 $258.00 $258.00 $258.00 team $0.00 0.00% PROGRAM FEES ‐ Youth SportsPee Wee & Hot Shot Sports 9/1/2024 $58.00 $58.00 $58.00 session/person $0.00 0.00% Pee Wee & Hot Shot Sports ‐ Non‐Resident 9/1/2024 $63.00 $63.00 $63.00 session/person $0.00 0.00% Winter Youth Basketball 9/1/2024 $73.00 $73.00 $73.00 session/person $0.00 0.00% Winter Youth Basketball Non‐Resident 9/1/2024 $78.00 $78.00 $78.00 session/person $0.00 0.00% Summer Youth Basketball 9/1/2024 $73.00 $73.00 $73.00 session/person $0.00 0.00% Summer Youth Basketball Non‐Resident 9/1/2024 $78.00 $78.00 $78.00 session/person $0.00 0.00% Pee Wee Soccer 9/1/2024 $58.00 $58.00 $58.00 session/person $0.00 0.00% Pee Wee Soccer Non‐Resident 9/1/2024 $63.00 $63.00 $63.00 session/person $0.00 0.00% Pee Wee T‐Ball 9/1/2024 $58.00 $58.00 $58.00 session/person $0.00 0.00% Pee Wee T‐Ball Non‐ Resident 9/1/2024 $63.00 $63.00 $63.00 session/person $0.00 0.00% Adventures in Pee Wee Sports 9/1/2024 $58.00 $58.00 $60.00 session/person $0.00 0.00% Adventures in Pee Wee Sports Non‐Resident 9/1/2024 $63.00 $63.00 $65.00 session/person $0.00 0.00% Youth Flag Football 9/1/2024 $72.00 $75.00 $75.00 session/person $3.00 4.17%
Town of Apple Valley
Proposed Changes
Municipal Fee Schedule ‐ FY 2024‐25
Schedule C ‐ Parks and Recreation FY23‐24 FY24‐25 FY24‐25 FY23‐24 FY24‐25 FY24‐25 Description
Date
Requested
Current
Standard
Fee
ProposedStandard
Fee CPI
Only
ProposedStandard Fee(Roundedwhole $)
Standard
Fee $ Diff
Standard%
Diff.
Current
Non‐Profit
Fee
Proposed
Non‐Profit
Fee CPI
Only
Proposed
Non‐Profit
Fee
(Rounded)
Non Profit
$ Diff.
Non Prof%
Diff.
Youth Flag Football Non‐Resident 9/1/2024 $72.00 $75.00 $75.00 session/person $3.00 4.17% Youth Coed Volleyball 9/1/2024 $72.00 $75.00 $73.00 session/person $3.00 4.17% Youth Coed Volleyball Non‐Resident 9/1/2024 $72.00 $75.00 $78.00 session/person $3.00 4.17% Youth 3 on 3 soccer tournament 9/1/2024 $35.00 $35.00 $35.00 person $0.00 0.00% Open Gym Youth 9/1/2024 $3.00 $3.00 $4.00 person $0.00 0.00% Youth Basketball Tournament 9/1/2024 $180.00 $180.00 $180.00 team $0.00 0.00% Participation Fee – Youth User Groups 9/1/2024 $10.00 $10.00 $15.00 person $5.00 50.00% PROGRAM FEES ‐ Special Events5K/10K Runs Pre‐registration 9/1/2024 $21.00 $21.00 $21.00 person $0.00 0.00% 5K/10K Runs On‐site registration 9/1/2024 $25.00 $25.00 $25.00 person $0.00 0.00% Recreation Special Event Fee 9/1/2024 $2.00 $2.00 $2.00 person $0.00 0.00%Recreation Special Event Fee 9/1/2024 $3.00 $3.00 $3.00 person $0.00 0.00%Recreation Special Event Fee 9/1/2024 $4.00 $4.00 $4.00 person $0.00 0.00%Recreation Special Event Fee 9/1/2024 $5.00 $5.00 $5.00 person $0.00 0.00% Running/Endurance Events 9/1/2024 $10.00 $10.00 $10.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $15.00 $15.00 $15.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $20.00 $20.00 $20.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $25.00 $25.00 $25.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $30.00 $30.00 $30.00 session/person $0.00 0.00% Running/Endurance Events 9/1/2024 $35.00 $35.00 $35.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $40.00 $40.00 $40.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $45.00 $45.00 $45.00 session/person $0.00 0.00% Running/Endurance Events 9/1/2024 $50.00 $50.00 $50.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $55.00 $55.00 $55.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $60.00 $60.00 $60.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $65.00 $65.00 $65.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $70.00 $70.00 $70.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $75.00 $75.00 $75.00 session/person $0.00 0.00% Running/Endurance Events 9/1/2024 $80.00 $80.00 $80.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $85.00 $85.00 $85.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $90.00 $90.00 $90.00 session/person $0.00 0.00% Running/Endurance Events 9/1/2024 $95.00 $95.00 $95.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $100.00 $100.00 $100.00 session/person $0.00 0.00%Running/Endurance Events 9/1/2024 $120.00 $120.00 $120.00 session/person $0.00 0.00%Haunted House Admission 9/1/2024 $4.00 $4.00 $4.00 session/person $0.00 0.00% Haunted House (repeat visits) 9/1/2024 $1.00 $1.00 $1.00 session/person $0.00 0.00% Most Talented Kid Group Fee 9/1/2024 $10.00 $10.00 $10.00 session/group $0.00 0.00%Most Talented Kid Individual Fee 9/1/2024 $5.00 $5.00 $5.00 session/person $0.00 0.00%AV Idol Participant Fee 9/1/2024 $5.00 $5.00 $5.00 session/person $0.00 0.00% Mud Fest 9/1/2024 $45.00 $45.00 $45.00 session/team $0.00 0.00%Campfire Programs 9/1/2024 $7.00 $7.00 $7.00 session/person $0.00 0.00%Family Camping Event 9/1/2024 $9.00 $9.00 $9.00 session/person $0.00 0.00%Father/Son Tournament 9/1/2024 $35.00 $35.00 $35.00 team/tournament $0.00 0.00%Mother’s Day Tea Party 9/1/2024 $18.00 $18.00 $18.00 event/person $0.00 0.00%Special Apples Craft/Sports 9/1/2024 $3.00 $3.00 $3.00 session/person $0.00 0.00%Special Apples Dance** 9/1/2024 $6.00 $6.00 $6.00 person $0.00 0.00%Open Skate/BMX 9/1/2024 $3.00 $3.00 $3.00 session/person $0.00 0.00% Open Skate/BMX Pass 9/1/2024 $32.00 $32.00 $32.00 pass/person $0.00 0.00%
Town of Apple Valley
Proposed Changes
Municipal Fee Schedule ‐ FY 2024‐25
Schedule C ‐ Parks and Recreation FY23‐24 FY24‐25 FY24‐25 FY23‐24 FY24‐25 FY24‐25 Description
Date
Requested
Current
Standard
Fee
ProposedStandard
Fee CPI
Only
ProposedStandard Fee(Roundedwhole $)
Standard
Fee $ Diff
Standard%
Diff.
Current
Non‐Profit
Fee
Proposed
Non‐Profit
Fee CPI
Only
Proposed
Non‐Profit
Fee
(Rounded)
Non Profit
$ Diff.
Non Prof%
Diff.
PROGRAM FEES ‐ Special EventsSkate Demo Day 9/1/2024 $3.00 $3.00 $3.00 session/person $0.00 0.00%BMX Demo Day 9/1/2024 $3.00 $3.00 $3.00 session/person $0.00 0.00% Skate Competition 9/1/2024 $5.00 $5.00 $5.00 session/person $0.00 0.00%BMX Competition 9/1/2024 $5.00 $5.00 $5.00 session/person $0.00 0.00% PROGRAM FEES ‐ Aquatics
Recreation Swim ‐ Adult 9/1/2024 $3.00 $3.00 $3.00 session/person $0.00 0.00%Recreation Swim ‐ Child 9/1/2024 $2.00 $2.00 $2.00 session/person $0.00 0.00%Rec Swim Season Pass – Adult 9/1/2024 $150.00 $150.00 $150.00 person $0.00 0.00% Rec Swim Season Pass – Child 9/1/2024 $100.00 $100.00 $100.00 person $0.00 0.00% Lap Swim Daily Summer 9/1/2024 $4.00 $4.00 $4.00 session/person $0.00 0.00% Lap Swim Monthly Summer 9/1/2024 $68.00 $68.00 $68.00 session/person $0.00 0.00% Lap Swim Daily Winter 9/1/2024 $5.00 $5.00 $5.00 person $0.00 0.00% Lap Swim Monthly Winter 9/1/2024 $78.00 $78.00 $78.00 person $0.00 0.00% Pool Pass Replacement 9/1/2024 $11.00 $11.00 $11.00 pass $0.00 0.00%Special Events/Pool 9/1/2024 $6.00 $6.00 $6.00 event/person $0.00 0.00%Pool Party 50‐100 people (rec swim hrs)** 9/1/2024 $83.00 $90.00 $90.00 plus $2/person $7.00 8.43% Pool Party 26‐49 people (rec swim hrs)** 9/1/2024 $59.00 $65.00 $65.00 plus $2/person $6.00 10.17%Pool Party < 25 people (rec swim hrs)** 9/1/2024 $36.00 $45.00 $45.00 plus $2/person $9.00 25.00%Pool Party Package ‐ Exclusive Pool Use 9/1/2024 $148.00 $148.00 $148.00 2 hour session $0.00 0.00% Pool Rental Package ‐ Lifeguard Fees* 9/1/2024 Actual Cost Actual Cost Actual Cost No Change N/A Private Swim Lessons Summer* 9/1/2024 $101.00 $101.00 $120.00 person $0.00 0.00% Private Swim Lessons Winter* 9/1/2024 $105.00 $105.00 $125.00 person $0.00 0.00% Semi‐Private Swim Lessons Summer* 9/1/2024 $60.00 $60.00 $65.00 person $0.00 0.00% Semi‐Private Swim Lessons Winter* 9/1/2024 $66.00 $66.00 $69.00 person $0.00 0.00% Swim Lessons Weekdays 9/1/2024 $40.00 $40.00 $48.00 person $0.00 0.00%Swim Lessons Saturdays 9/1/2024 $27.00 $27.00 $35.00 person $0.00 0.00%Swim Lessons‐ Group (5 day) 9/1/2024 $42.00 $42.00 $55.00 person $0.00 0.00% Swim Lessons‐ Group (3 day) 9/1/2024 $26.00 $26.00 $33.00 person $0.00 0.00% Swim Lessons‐Private (5 day) 9/1/2024 $101.00 $101.00 $125.00 person $0.00 0.00% Swim Lessons‐Private (3 day) 9/1/2024 $90.00 $90.00 $100.00 person $0.00 0.00% Swim Lessons‐ Group (5 day) ‐ Non‐Resident $65.00 person Swim Lessons‐ Group (3 day) ‐ Non‐Resident $43.00 person Swim Lessons‐Private (5 day) ‐ Non‐Resident $135.00 person Swim Lessons‐Private (3 day) ‐ Non‐Resident $110.00 person Swim lessons‐Semi (5 day, 2 child) 9/1/2024 $63.00 $63.00 $65.00 person $0.00 0.00% Swim lessons‐Semi (5 day, 3 child) 9/1/2024 $58.00 $58.00 $60.00 person $0.00 0.00% Swim lessons‐Semi (5 day, 4 child) 9/1/2024 $51.00 $51.00 $53.00 person $0.00 0.00% Swim lessons‐Semi (3 day, 2 child) 9/1/2024 $43.00 $43.00 $45.00 person $0.00 0.00% Swim lessons‐Semi (3 day, 3 child) 9/1/2024 $40.00 $40.00 $42.00 person $0.00 0.00% Swim lessons‐Semi (3 day, 4 child) 9/1/2024 $36.00 $36.00 $38.00 person $0.00 0.00% Swim lessons‐Semi (5 day, 2 child)‐ Non‐Resident 9/1/2024 $63.00 $63.00 $75.00 person $0.00 0.00% Swim lessons‐Semi (5 day, 3 child)‐ Non‐Resident 9/1/2024 $58.00 $58.00 $70.00 person $0.00 0.00% Swim lessons‐Semi (5 day, 4 child)‐ Non‐Resident 9/1/2024 $51.00 $51.00 $63.00 person $0.00 0.00% Swim lessons‐Semi (3 day, 2 child) ‐ Non‐Resident 9/1/2024 $43.00 $43.00 $55.00 person Swim lessons‐Semi (3 day, 3 child)‐ Non‐Resident 9/1/2024 $40.00 $40.00 $52.00 person Swim lessons‐Semi (3 day, 4 child)‐ Non‐Resident 9/1/2024 $36.00 $36.00 $48.00 person Lap Swim Pass ‐ 5 Visit 9/1/2024 $18.00 $18.00 $18.00 person $0.00 0.00% Lap Swim Pass ‐ 15 Visit 9/1/2024 $48.00 $48.00 $48.00 person $0.00 0.00% Lap Swim Pass ‐ 30 Visit 9/1/2024 $92.00 $92.00 $92.00 person $0.00 0.00% Public Swim ‐ Single Visit (Child) 9/1/2024 $2.00 $2.00 $2.00 person $0.00 0.00% Public Swim ‐ Daily (Child) 9/1/2024 $3.00 $3.00 $3.00 person $0.00 0.00% Public Swim Pass ‐ 5 Visit (Child) 9/1/2024 $9.00 $9.00 $9.00 person $0.00 0.00% Public Swim Pass ‐ 10 Visit (Child) 9/1/2024 $16.00 $16.00 $16.00 person $0.00 0.00% Public Swim Pass ‐ 15 Visit (Child) 9/1/2024 $24.00 $24.00 $24.00 person $0.00 0.00% Public Swim Pass ‐ 30 Visit (Child) 9/1/2024 $46.00 $46.00 $46.00 person $0.00 0.00% Public Swim ‐ Single Visit (Adult) 9/1/2024 $3.00 $3.00 $3.00 person $0.00 0.00% Public Swim ‐ Daily (Adult) 9/1/2024 $4.00 $4.00 $4.00 person $0.00 0.00%